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nouncing the decree of the court, in order to the re versing and varying of such decree, shall be exhibited without the special leave of the court first obtained for that purpose; and unless the party exhibiting the same do first deposit with the register of the court, so much money as, together with the deposit by the rules of court to be made on obtaining a rehearing of the cause wherein such decree was pronounced, will make up the sum of 501. as a pledge to answer such costs and damages as shall be answered to the adverse party in case the court shall think fit to award any at the hearing of the cause on such supplemental or new bill. (b)

This bill in its frame nearly resembles a bill of review; except instead of praying that the former decree may be reviewed and reversed, it prays that the cause may be heard with respect to the new matter made the subject of the supplemental bill, at the same time that it is reheard upon the original bill; and that the plaintiff may have such relief as the nature of the case made by the supplemental bill requires.(c)

Bill Impeaching the Decrees of the Court, on the

ground of Fraud.

A bill in the nature of an original bill may be exhibited in this court for the purpose of impeaching and setting aside a decree obtained by fraud; and there are several instances of relief, notwithstanding a decree signed and enrolled, if the same has been obtained by fraud and imposition; for fraud infects judgment at law and decrees of all courts, and annuls the whole proceedings in the consideration of the court of equity. (a) It has been held, that when an infant conceives him

(b) Rules and Orders in Chan. 107. 2 Atk. 139. 3 Atk. 811.2 Ves, 371. 596. (1 Har. 145.

(a) 1 Har. 146. 2 P. Wms: 73.74: SP, Wms. 111. 1 Brown Parl. Cas. 414. 2 Ves. 120,

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self aggrieved by a decree, he is not under the necessity to stay till he comes of age before he seeks redress, but may apply for that purpose as soon as he thinks fit; neither is he bound to proceed by way of re-hearing or bill of review, but may impeach a former decree by original bill, in which it will be enough for him to say, the decree was obtained by fraud and collusion, or that no day was given him to show cause against it. (b)

There are many cases, though not of direct fraud, which a court of equity would construe to participate so much of the nature of fraud, that was this species of bill exhibited for relief in such cases, the same would be deemed a proper one; as where a decree has been made against a trustee, the cestui que trust not being before the court, and the trust not discovered; or against a person who has made some conveyance or encumbrance not discovered, or when a decree has been made in favor of, or against an heir, where the ancestor has disposed by will of the subject matter of the suit. (c)

In this bill the former proceedings and decree must be stated with the circumstances of fraud used to procure the decree, and the prayer will necessarily depend upon the nature, quality and extent of the fraud, and must be adapted according to the circumstances of the case. (d)

Bill to carry Decrees into Execution.

A bill in the nature of an original bill may be brought to execute or confirm a decree, or to carry an act of the legislature into execution, or to revive or

(b) 1 Har. 146.1 P. Will. 737. Gadly v. Baker, Cas. Temp. Talbot, 201. Wortley v. Bukhead, 3 Atk. 811.

(c) 1 Har. 147. Treatise on pleadings

on English bill 84. vide also Ch. Cas. 151,
152. 3 Ch. Rep. 95.
(d) 1 Har. Chan. 147.

enforce the performance of decrees, and a decree has been explained by matters subsequent, but may not be explained on a matter precedent to it. (a)

So, where after a decree, an original bill is become necessary, or, in case the decree be of twenty or thirty years' standing, or, that the party neglecting to procure a stay of proceedings at law, is ousted of his possession by the judgment; there, in such case, the former decree may be set forth as evidence; but the court will not decree the same thing merely upon the foot of that decree, but will examine the grounds of the former decree before they make a new one. (b)

An original bill to execute a decree of lands against a purchaser, when claimed by parties bound by that decree, was allowed good on a demurrer thereto by the Lord Keeper. (c)

If a bill be brought to have the benefit of a former decree, the plaintiff cannot examine witnesses, much less the same witnesses, to the matters in isssue in the former cause on such a bill the court may examine the justice of the former decree, but then it must be by proofs taken in the court wherein the decree was made. (d)

A Bill in the nature of a Bill of Revivor.

An original bill in the nature of a bill of revivor, is filed, and has so far the effect of a bill of revivor, that if the title of the representative of the deceased party in the one case, or of the assignee in the other, is established, the same benefit may be had of the proceedings upon the former bill, as if the suit had been continued by a bill of revivor. (a)

(a) 1 Har. 148.

(b) 1 Har. 148. 2. Ch. Rep. 128. (c) Hinde, 6a, 9. Organ v. Gardiner. 1 Chan. Cas. 231.

(d) Hinde, 69. 2 Vern. 409. 226. 1

Chan Cas. 45.

(a) 1 Har. Ch. 149. Treatise upon Pleadings by English Bill, 66, 67. 1 Ves. 427. 2 Ves. 548. 672. 2 Brown's Parl, Cas. 529. 1 Equity Cas, abr. 83.

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A bill for this purpose must state the original bill, the proceedings upon it, the abatement, and the manner in which the interest of the party deceased has been transmitted; and it must charge the validity of the transmission, and state the rights which have accrued by it. (b)

A Bill in the nature of a Supplemental Bill.

This species of suit becomes necessary when a suit cannot be continued by a bill of revivor, and its defects are not remediable by a supplemental bill; and this happens when the interest of a plaintiff or defendant deceased in a suit, then pending, becomes wholly extinct, and the same devolves upon and vests in another, by a title not derivable from or through him; so that no privity exists between the person last, and him in the present possession of the interest in question. (a)

A bill for this purpose must state the original bill, the proceedings upon it, the event which has determined the interest of the party, by or against whom the former bill was exhibited, and the manner in which the property vested in the person who became entitled to it. It must then show the ground, upon which, the court ought to grant the benefit of the former suit to, or against the person who so became entitled, and pray the decree of the court, adapted to the case of the plaintiff in the new bill. (6)

A Bill to suspend or put a period to the operation of

Decrees.

A bill lies to put a period to a temporary decree; as where a feme cover, after separation from her

(b)1 Har. 149. Treatise on Plead-
ings by English Bill, 88,
(a) 1 Har. 150.

(b) Har. 151. Treatise upon Pleadings by English Bill, 90. Vide also Brown's Parl. Cas. 3, 20.

husband, had a decree for alimony, which decree was confirmed on a bill of review; but the husband being willing to be reconciled to his wife, and to cohabit with her, exhibited an original bill to set aside the decree : and it was held by Finch Lord Keeper, assigned by North Chief Justice, to be a proper bill, and said to have been received, that where a decree has been temporary, or for special ends, an original bill lies to show that the purposes of the decree are satisfied, and to put a period to it. (a)

So where a decree is to foreclose, the court will in cases of necessity, enlarge the time for performance by payment of the money, and though the decree be filed and inrolled. (b) .

A Bill filed by the particular direction of the Court.

This species of bill is merely filed, where it appears that the suit already instituted is insufficient to bring before the court all matters necessary to enable it fully to decide upon the rights of all the parties.

This frequently happens when persons in opposite interests are co-defendants, so that the court cannot determine their opposite interests, upon the bill already filed, and the determination of their interests is yet necessary to a complete decree, upon the subject matter of the suit. In such a case, if upon hearing the cause the difficulty appears, and a cross bill has not been exhibited to remove the difficulty, the court will direct a bill to be filed, in order to bring all the rights of all the parties fully and properly for its decision; and will receive the directions or declarations, which it may be necessary to give, or make, touching the matters more

(a) 1 Har. Ch. 149. 1 Chan, Cas. 250. (b)1 Har. Ch. 149. 1 Ch. Cas. 64 2 Chan. Rep. 28.

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