WHAT was at first only intended for private ufe, is now made public for yours. The compiler hath nothing more to say of the performance than that he hath endeavoured to render it useful. The manner of applying it, is in your hands; and it is hoped will be for the fervice of your clients' just interests, and for your own. If this course be purfued, yours will be the credit and fatisfaction, and the advantage too in the conclufion: but whoever fwerves from the great and equitable rule of doing as he would would be done by, or difturbs the order of fociety by evil practices; however he may fucceed for a time, yet in the end will as certainly become the fcorn and abhorrence of others, as he is already the contempt and fcourge of himself. Next to the juftice due to your clients, or rather as a branch of it, (for deferre eft negare,) dispatch puts in its claim; and is of fuch confequence, that it is generally less mischievous for a man to lofe part of his right than to fuffer delay. It is hoped that this collection. may in fome measure help to remedy the evil; for when the way of proceeding is fairly chalked out, there needs little more than a willing mind to purfue it. With this freedom, and the tender of my services to your kind acceptance, you have my hearty wishes that juftice and equity, and the lovers of them, may for ever flourish. THE THE PRACTICAL REGISTER IN CHANCERY. ABATEMENT. VIDE Infant.-Error. Subpana to revive. Subpana Scire facias to revive. ITHE death of any of the parties, plaintiffs or de- Deaths of parfendants, caufes an abatement.] ties. [So does the marriage of a feme plaintiff.-Contrà Marriage. of a feme defendant.] [For it is not reasonable she should hurt the plain tiff by, or take advantage of, her own act.] I Eq. Ca. Ab. I, [A feme, fole defendant, having a commiffion to ex- [Toth. 99.】 amine witneffes, marries; the witneffes are after examined on that commiffion; the depofitions were ordered to ftand.] tereft, If by any means any intereft of a party to the fuit Change of Inin the matter in litigation becomes vefted in another, Mitf. Treat. the proceedings are rendered defective in proportion as 54. that intereft affects the fuit; fo that although the parties to the fuit may remain as before, yet the end of the fuit cannot be obtained: and if such a change of intereft is occafioned by, or is the confequence of the death of the party whofe intereft is not determined by his death, or the marriage of a female plaintiff, the proceed B Death. proceedings become likewife abated or difcontinued either in part or in the whole. Upon the death of a plaintiff, or marriage of a fe1 Ch. Ca. 77. male plaintiff, all proceedings become abated. 1 Eq. Ca. Ab. 1. I Vera. 318. 20. 1 Vez. 182. Tenant for life. Executor. 2 Vern. 249. 3 Aik. 726, Upon the death of a defendant, all proceedings become abated as to that defendant. Mitf. Treat. 55. But upon the marriage of a female defendant, all proceedings do not abate, though her husband ought to be named in the fubfequent proceedings. If the intereft of a party dying determines, and no Mitf. Treat. 56. perfon becomes entitled thereupon to the fame interest ; as in case of a tenant for life, the fuit does not abate. If the intereft of a party dying furvives to another; as if a bill be filed by or against trustees or executors, and one dies; or by or against hufband and wife, in right of the wife, and the husband dies; or by hufband and wife refpecting a promise made to both of them, and the wife dies, the proceedings do not abate.—So if a furviving party can fuftain the fuit, as in the cafe of feveral creditors plaintiffs on behalf of themselves and other creditors. Mitf. 56. Copartners. Hufband's death. Said, That in a bill by copartners, if one die, the intereft furvives, and the fuit does not abate.-Contrà in a fuit against copartners, there, if one dies, the fuit abates, and the reprefentatives of the deceafed partner must be brought before the Court. If upon the death of the husband of a female plain, tiff fuing in her right, the widow does not proceed in the cause, the bill is abated, and she is not liable to the cofts. But he may proceed without a bill of revivor, for the whole advantage of the proceedings furvives to her; and if any judgment has been obtained, even for cofts, she will be entitled to the benefit of it. So, if a female plaintiff marries pending a fuit, and afterwards, before revivor, her husband dies, for then her incapacity to profecute the fuit is removed. But the fubfequent proceedings must be in the name and description acquired by the marriage. After a decree on a bill of interpleader, there is generally an end of the fuit, as to the plaintiff. Bill by a creditor againft Mrs. Higden, adminiftratrix of A. Mrs. H. being a married woman, her husband was made a party, upon her death the fuit abated. lf |