charged with costs, there being no actual fraud, though the purchase is set aside on the ground of implied fraud.(1)

Where, on a bill of forclosure, the widow of the mortgagor was made a party, and answered and submitted to a decree of the court, she was held entitled to the use of one third of the surplus proceeds of the sale of the mortgaged premises remaining in court after satisfying the mortgage debt, as her equitable dower; and to her costs to be paid out of the other two thirds.(m)

Executors keeping part of a sum for commissions, and litigating in favour of their claim, were decreed to pay costs.(n)

The court of chancery does not ordinarily, and of course, interfere to compel the payment of solicitor's fees.(o)

Taxation of Costs.

costs.

It is too late, after two terms have intervened, and 1. Taxation of the decree is signed, to move for a taxation of costs.(a) The costs or exceptions, like costs in all other cases in chancery, are subject to the discretion of the court.(b)

But the general rule is that if the defendant submits to the exceptions, the plaintiff has his costs; and if they be referred to a master the plaintiff shall have costs on the exceptions allowed, and the defendant his costs on

(1) Murray and Winter v. Ballou and Johns. Ch. Rep. 22. Hunt, 1 Johns. Ch. Rep. 566

(a) Morris and another v. Mullett and

(m) Tabele v. Tabele and others, 1 others, 1 Johns, Ch. Rep. 44. Johns. Ch. Rep 45.

(n) Manning and others v. ManBing's executors, 1 Johns. Ch. Rep 527. (a) In the matter of Southwick, 1

(b) Methodist Episcopal Church and others v Jaques and others, 1 Johus, Ch. Rep. 65,

for costs.

the exceptions disallowed, and the balance struck is to be paid.(c)

Security for costs.

2 Security Though the 54th rule of the court, (June, 1806,) where a non-resident files a bill, requires that security for costs should be filed, and if the solicitor for the plaintiff' proceeds without filing security, he is liable for costs to the amount of one hundred dollars; yet the court if application for that purpose is made in due season, that is, before the answer is put in, or the first opportunity after the defendant knows of the fact of non-residence of the plaintiff, will order all proceedings to be staid till adequate security for costs, that is a greater sum than 100 dollars is filed by the plaintiff. In this case the court ordered a bond with security to be executed to the defendant for 750 dollars, and filed with the register.(d)

The 12th section of the act concerning divorces, sess. 36. ch. 102. 2 N. R. L. 197. relative to security for costs to be given by the plaintiff, does not apply where the bill is filed on the ground of adultery, though the bill contains also a distinct charge of cruel and inhuman treatment.(e)

On a bill by the heirs of D. against the heirs &c. of P. for a specific performance of an agreement, it appearing that there was no improper behaviour or unjustifiable defence, the defendants were decreed not to pay costs.(ƒ)

(c) Ibid.

(d) Long v. Magestre and Turdy, 1 Johns. Ch. Rep. 202.

(e) Pomeroy v. Pomeroy, 1 Johns.

Ch. Rep. 606.

(f) Dyer's heirs v. Potter's heirs, 2 Johns. Ch. Rep. 152.

Costs in this court are discretionary.(g)

And if executors, administrators or heirs, bring groundless and vexatious suits, they will be ordered to pay costs.(h)

Where the parties, by mutual consent, withdraw a cause from the court before hearing, for the purpose of a settlement by arbitrators, and on certain terms, one of which was, that the question of costs, in chancery suits, being original and cross suits should e submitted to the Chancellor, the court will not decide the mere question of costs, but leave each party to pay his own costs.(i)

Costs rest in the sound discretion of the court, to be exercised upon a full view of all the merits and circumstances of the case.(j)

A rehearing is not granted for costs only except in special cases.(k)

Nor will an appeal lie for costs merely.(1)

Where a purchaser, pendente lile, had no actual no tice of the pendency of the suit, costs were not decreed against him.(m)

A plaintiff will not be allowed to dismiss his bill without costs, unless it appears that he had reasonable grounds for filing it.(n)

(g) Executors of Getman v. Beardsley,

2 Johns. Ch. Rep. 274.

(h) Ibid.

(k) Ibid.

(1) Ibid.

(m) Murray and Winter v. Lylburn,

(i) Eastburn & Downes v. Kirk, 2 2 Johns Ch. Rep. 441. Johns. Ch. Rep. 317.

() Ibid.

(n) Perine v. Swaine and others, 1 Johns. Ch. Rep. 473.

proceedings till

suit be had.

Staying proceedings till payment of costs in another

suit.

3. Staying Proceedings in a suit in this court will not be staycosts in another ed, on motion, until the costs in certain suits at law, between the same parties, relating to the same subject, in which the plaintiff's had been nonsuited, or verdicts gained against them, be paid.(a)

The rule applies only when both suits are in the same court, or at least in courts of the same nature, and proceeding in the same manner, and on the same principles, either at law or in equity.(b)

INTERLOCUTORY MATTERS; UNDER WHICH HEAD WILL BE CONSIDERED, ORDERS, MOTIONS, PETITIONS, &c. &c.

THE Compiler having followed a suit in the court of Chancery, through that course which he deemed the most direct and uninterrupted, from the filing of a bill to a final decree, and from thence into the court of errors, in which course he has endeavored to avoid the introduction of any matter or thing which might tend to divert it; he now proposes to treat of generally -those interlocutory matters and things which often arise in the progress of a suit-such as orders, motions, petitions, notices, affidavits, &e. each of which heads he proposes to notice in a special manner hereafter, and in this part of the treatise will confine himself to interlocutory orders generally; sometimes they relate to the prosecuting or carrying on a cause, at other times they are proceeded on the standing orders of the court, and upon the particular circumstances of the case.

Interlocutory orders are of different kinds, and appear to divide themselves into three distinct classes ;special orders, orders nisi, and common orders; they are granted sometimes on special motion, sometimes on petition, and frequently are granted of course; and are made upon the application of some person, either plaintiff or defendant, interested in the cause. When they are made upon hearing counsel on both sides, regard is to be had to the general rules of court; but when they are made by consent of parties, they are often out of the general rules of the court.

All special orders must be pronounced in court, and drawn up by the register or assistant register