relieve the defendant against it, but will fubject him to the payment of the whole fum. A fcire facias lies only before the court, who paffed the decree: but being in the nature of a fuit at law, would be appealable in the fame manner, as actions at law. Action of debt will lie on the decree of a court of chancery, to recover the penalty, for not performing the decree.

2

Cofts are to be paid according to the difcretion of the court. It is a general rule, where the petition is difmiffed on a plea in abatement, the defendant fhall recover coft: but where a trial is had upon the merits, the court have a difcretionary power to order the payment of coft, as fhail to them appear juft and reafonable, according to the circumftances of the cafe.

A decree can be set afide only in two ways; by a bill of review, and writ of error. x By the English principles, bills of review, are of two forts, one founded on fuppofed error, appearing in the decree itself, and the other on new matter, which must arise after the decree, or upon new proof, which could not have been used at the time, when the decree paffed. A writ of error feems to be a compleat remedy in cafe of error apparent on the face of the decree, and therefore I prefume a bill of review, could not be maintained on that ground; but where new matter arifes after the decree, or there is a difcovery of new evidence, which could not have been had at the trial, a bill of review is fuftainable, and is in the nature of a petition for a new trial at law.

ནྱ

Writs of error by ftatute, will lie for manifeft and material error appearing of record, in any degree, paffed in a fuit for relief in equity, in the fame manner as in proceedings at law. Ofcourfe this writ lies from the court of common pleas, to the fuperior court, and thence to the fupreme courts of errors, who are the dernier refort in matters of equity, as well as law.

It is interefing to obferve the concifeness and fimplicity introduced into our proceedings in equity, and it would be amufing to contr at them, with the complex and cirevitons mode of proceeding in the English courts of chancery. While our mode is the plainett, their mode is the most intricate that ever has been adopted by a tribunal * Statutes, 57

D.aksky, vs. Routs, S. C. 1794. * 3 Ak. 26.

tribunal of juftice. Volumes are requiried to give the detail of
mere forms and fuch is the fyftem of delay, that years are re.
quired for the final decifion of a fuit, which is profecuted with all
poffible difpatch. This immeafurable delay, has become prover-
bial. Suits have been frequently depending, till the parties ori-
ginally interested were no more, and fortunes have been often
wafted in fettling a contefted right.

THE

POSTSCRIPT.

HE author is bound to exprefs his obligations to Judge Root,
for the ufe of his notes, taken fince he has been on the bench of
the fuperior court, and from which many adjudications have been
extracted; and alfo to Mr. John Trumbull, of Hartford, for his
friendly attention to the correction of the work, by which many
errors have been prevented. He fhould do injuftice to his feelings, if
he did not exprefs the moft grateful fentiments, to the refpectable
lift of fubfcribers, who have honoured him with their patronage
and encouragement in every part of the Union. Should he meet
with their approbation, it will be an ample reward for the years
which he has devoted to a work, which is the first attempt in Amie-
rica, to digeft the laws of a State, and which he now prefents to
the public, with the hope that the difficulty of the undertaking,
and the utility of the defign, will fecure it a favourable and candid
reception.

INDEX.