6. Form of Order for Account of Personal Estate of a Deceased Person on the claim of the Executor or Administrator. In Chancery. [Lord Chancellor], Vice-Chancellor of England, or Vice-Chan- or, [Master of the Rolls]. April 22, 1850. [Date.] Between A. B., Plaintiff. Upon motion, &c. [as in Form No. 1] this court doth declare, that all persons interested in the personal estate of the said testator [or "intestate"] are entitled to the benefit of this order, and it is ordered, that it be referred to the master to take an account of the testator's [or "intestate's"] personal estate possessed by the plaintiff or by any other person by his order or for his use, and also to take an account of the testator's [or "intestate's"] funeral expenses, debts, and legacies; and it is ordered, that such personal estate be applied in a due course of administration in payment of such funeral expenses, debts, and legacies; and any further directions which may be necessary are hereby reserved, &c. 7. Form of Order of Foreclosure on Claim by a legal or equitable Mortgagee. In Chancery, [Lord Chancellor], [Vice-Chancellor of England, or Vice-Chan- Between A. B., Plaintiff. Upon motion, &c. [as in Form No. 1] this court K 1850. April 22, doth order, that it be referred to the master (d) of this court in rotation, to take an account of what is due to the plaintiff for principal and interest on the mortgage [or "equitable mortgage"] in the plaintiff's claim mentioned: And it is ordered, that it be referred to the taxing master in rotation to tax the plaintiff his costs of this suit: And upon the defendant paying to the plaintiff what shall be reported due to him for principal and interest as aforesaid, together with the said costs when taxed, within six months after the said master shall have made his report, at such time and place as the said master shall appoint, it is ordered, that the plaintiff [do reconvey the mortgaged premises in the plaintiff's affidavit of claim mentioned, free and clear of all incumbrances done by him, or any claiming by, from, or under him, and] do deliver up all deeds and writings in his custody or power relating thereto, upon oath, to the said defendant, or to whom he shall appoint; but in default of the defendant paying unto the plaintiff such principal, interest and costs as aforesaid by the time aforesaid, it is ordered, that the defendant [do stand absolutely debarred and foreclosed of and from all equity of redemption of in, and to the said mortgaged premises] do convey to the plaintiff the premises comprised in the equitable mortgage in the plaintiff's affidavit of claim mentioned, free and clear of all right, title, interest, and equity of redemption of, in and to the said premises; and the master is to settle the conveyance if the parties differ about the same. (d) See ante, p. 190, n. (a). 8. Form of Order of Sale on Claim by a legal or equitable Mortgagee or Person entitled to a Lien (f). In Chancery, [Lord Chancellor], [Vice-Chancellor of England, or Vice-Chan cellor, naming him], or, [Master of the Rolls]. [Date.] Between A. B., Plaintiff. Upon motion, &c. [as in Form No. 1] this court doth order, that it be referred to the master of this court in rotation to take an account of what is due to the plaintiff for principal and interest on the mortgage [or "equitable mortgage" or "lien"] in the plaintiff's claim mentioned: And it is ordered, that it be referred to the taxing master in rotation to tax the plaintiff his costs of this suit: And upon the defendant paying to the plaintiff what shall be reported due to him for principal and interest as aforesaid, together with the said costs, within six months after the said master shall have made his report, at such time and place as the said master shall appoint, it is ordered, that the plaintiff [do reconvey the mortgaged premises in the plaintiff's affidavit of claim mentioned, free and clear of all incumbrances done by him, or any claiming by, from, or under him, and] do deliver up all deeds and writings in his custody or power relating thereto, upon oath, to the defendant, or to whom he shall appoint; but in default of the defendant paying to the plaintiff such principal, interest, and costs as aforesaid, by the time aforesaid, then it is ordered, that the said mortgaged premises [or "the premises (f) Where a decree of foreclosure only was asked by the claim, and the plaintiff was not entitled to such a decree, but to an order for sale, the order for sale was made without amending the claim. (Jackson v. Row, 5 De G. & S. 107.) April 22, 1850. 1850. April 22, subject to the said equitable mortgage or lien"] be sold, with the approbation of the said master: And it is ordered, that the money to arise by such sale be paid into court to the end that the same may be duly applied in payment of what shall be found due to the plaintiff for principal, interest and costs as aforesaid; and this court doth reserve the consideration of all further directions until after the said master shall have made his report. 9. Form of an Order for Redemption on Claim by Person entitled to redeem. In Chancery. [Lord Chancellor], [Vice-Chancellor of England, or "Vice-Chancellor, naming him], [Date.] Between A. B., Plaintiff. Upon motion, &c. [as in Form No. 1] this court doth order, that it be referred to the master in rotation to take an account of what is due to the defendant for principal and interest on his mortgage [or "equitable mortgage" or "lien"] in the plaintiff's claim mentioned: And it is ordered, that it be referred to the taxing master in rotation to tax the defendant his costs of this suit: And upon the plaintiff paying to the defendant what shall be reported due to him for principal and interest, together with such costs, when taxed, within six months after the said master shall have made his report, at such time and place as the said master shall appoint, this court doth order, that the defendant do reconvey the mortgaged premises [or "deliver up possession of the property subject to the equitable mortgage or lien"] in the plaintiff's claim mentioned, free and clear from all incum 1850. brances done by him, or any claiming by, from, or April 22, under him, and do deliver up all deeds and writings in his custody or power relating thereto, upon oath, to the plaintiff or to whom he shall appoint, but in default thereof the plaintiff's said claim is to stand dismissed out of this court, with costs, to be taxed by the said taxing master, and to be paid by the plaintiff to the defendant. 10. Form of Order of Reference of Title, on claim of Person seeking Specific Performance. In Chancery. [Lord Chancellor], [Vice-Chancellor, of England, or Vice-Chan- or, [Master of the Rolls]. [Date.] Between A. B., Plaintiff. Upon motion, &c. [as in Form No. 1] this court doth order, that it be referred to the master (e) of this court in rotation to inquire whether a good title can be made to the property comprised in the agreement in the said plaintiff's claim mentioned; and in case the said master shall be of opinion that a good title can be made, it is ordered, that he do state at what time it was first shown that such good title could be made; and this court doth reserve the consideration of all further directions, and of the costs of this suit, until after the said master shall have made his report. (e) See ante, p. 190, n. (a). |
