4. For leave to defend in ris. to have an order to warrant it; but if the feme covert's separate answer be put in without an order, and the same be a fair and honest answer, and deliberately put in with the consent of the husband, and the plaintiff accepts of it, and replies to it, the court will not at the instance of the wife, or her executor, set it aside·(d) If a feme covert answer alone without leave of the court, the answer will be suppressed upon motion.(e) For leave to defend in forma pauperis.(f) A defendant swearing he is not worth dolforma paupe- lars, his just debts being paid, and his wearing apparel excepted, will on motion or petition, be admitted to defend the suit in forma pauperis, nor is any certificate necessary, as it is on the application of a pauper plaintiff. An affidavit that the defendant is not worth more than dollars, or pounds, except the matters in question, will not entitle him to defend, in forma pauperis, where it appears the defendant is in posses sion of the land in question.(g) (d) 2 Mad. Idem. page Duke of (f) 2 Mad. 216. (8) Spencer v. Bryant, 11 Ves. 49, Chandos v. Talbot, 2 P. Wms. 370. Petition of a defendant to be admitted to defend in 1 To the Honorable James Kent, Chancellor of the state of New-York. The humble petition of the defendant sheweth: process, to ap That your petitioner is served with pear to and answer the plaintiff's bill, but by reason of his extreme poverty, is unable to make his defence thereto, if not permitted to defend in forma pauperis, as appears by the affidavit annexed. Your petitioner, therefore most humbly prays your honor, to admit him to defend this suit in forma paufor his solicitor, peris, and to assign him Mr. and Mr. for his counsel. And your petitioner shall ever pray, &c. To stay proceedings till cross bill answered. 5. To stay proceedings úl swered. If after a bill filed a cross bill is filed before an answer is put in to the original bill, the proceedings in the erass til ans original bill, will on motion, be stayed till the answer comes in to the cross bill, (a) and where the answer has been put in, publication in the original will be enlarged to a fortnight after the answer to the cross bill comes in.(b) (a) 2 Mad. 221. Rumkiscuscat v. Barker, 1 Atk. 21. (b) 2 Mad. ib. Caswiek v. Cuswick, 1 Atk. 291. 6. For the production of deeds. 7. To suspend the exe For the production of deeds. If deeds, letters, or other writings are referred to in an answer, the same will, on the plaintiff's motion, be ordered to be left with the defendant's clerk in court for the inspection of the plaintiff, his solicitor or agent.(a)* Whenever a deed is made part of the answer, and the contents are in a great measure set forth, and the instrument is referred to for the truth of what is set forth, the production will be ordered, (b) but where the answer adınits the execution of the agreement, and craves leave to refer to it when produced, but there is no admission that it is in the possession or power of the defendant, a production will not be ordered.(c) To suspend the execution of a decree. It seems to be a general rule, that on an application cution of a de to the Chancellor to suspend the execution of a decree, the costs of the motion follow the judgments, for such motion amounts in effect to a rehearing.(d) cree. If a decree be for a specific performance of a contract, and there be an appeal to the Chancellor, the Chancellor will, upon application for that purpose, suspend the execution of the conveyance, but will do no more.(e) (a) 2 Mad. 299. 3 P. Wms. 56. 8 Ves. 158. 11 Ves. 42. (d) 2 Mad. 375. Willan v. Willan, (b) 2 Mad. ib. Atkins v. Wright, 16 Ves. 89. 14 Ves. 214. (e) 2 Mad. ib. Gwyn v. Lithbridge, (c) 2 Mad. ib. Derwin v. Clarke, 14 Ves. 585. By he rules of court in this state, there is only one clerk in court, who acts both for the omplainant and defendant. In a case where a mortgagee obtained a decree, it was upon motion suspended for six months, upon the mortgagor's bringing the money into court, consenting to a revivor, and paying interest and costs, and the plaintiff's undertaking to repay, if their decree should be reversed.(f) To restrain a creditor from suing at law.(a) 8. To res train a credi at law, Before a decree a creditor cannot be stopped from proceeding at law,(b) but where a decree has been tor from suing made for the administration of assets, a motion may be made by the executor to restrain a creditor from proceeding at law, upon an affidavit by the executor of what money he has in his hands; until notice of the decree to the creditor, the party seeking to restrain his proceedings at law must pay the costs occasioned by not giving notice and suffering him to go on, but after notice he is not allowed costs ;(c) in one case it was held, that only those creditors who filed the bill and obtained the decree, could be deprived of the advantage of proceeding at law. (d) If the creditor brought his action before the bill was filed, and chooses to discontinue, he will be allowed to prove his costs at law in addition to his debt.(e) To enlarge time for payment of mortgage money. 9. To en large the time Upon a bill of foreclosure, the court will, though with regret, as the mortgagee is often a great sufferer for the pay (ƒ) 2 Mad. 376. Monkhorne v. The Corporation of Bedford, 17 Ves. 380. (a) 2 Mad. 376. (b) Rush v. Higgs, 14 Ves. 639. (c) Paxton v. Douglas, 8 Ves. 520. ment of mort. gage money. 10. That a trus ee may estate. by it, enlarge the time for payment of the mortgage money(f) for six months, and again for three months, upon paying the interest due and costs,(g) but if a bill is brought to redeem, the court will not extend the time for payment of the mortgage money.(h) Motion that trustee may lease infant's estate. Where the property is small, the court will on molea-e i tant's tion, and without a reference to the master, make an order that the trustee may be at liberty to let with the approbation of the receiver, but that this should not extend to building leases, nor extend beyond the infant's minority.(a) to prosecute or For leave to prosecute or come in under a decree. 11. For leave Any creditors who come in under a decree for an grame in under account, may if necessary, obtain an order to prosecute the decree.(b) A decree 12 To con firm a report A defendant, if interested in taking accounts against an executor, a co-defendant, may move that he be allowed to attend the master in taking the account. (c) To confirm a report nisi or absolute. Nothing but an order for setting down exceptions nisi or absolute. for argument, is a sufficient cause against making the order for confirming the report absolute; filing ex (f) 2 Mad. 577. Nevosielski v. Wake- 419. field, 17 Ves. 417. (b) 2 Mad. 579. Creuge y. Hunter, (g 2 Mad. ib. Monkhouse v. Corpo- 2 Ves. jun. 165. ration of Bedford. 17 Ves. 417. (h) 2 Mad ib 17 Ves. 417. (a) 2 Mad. 378. P. v. Bell, 6 Ver. (c) 2 Mad. ib. Sea Pearce v. Crutchfield, 16 Ves. jun. 49. |