666 INDEX.—1 BLAND.

SPECIFIC PERFORMANCE.—Continued.

such choses in action within a reasanable time; but could not do so
after he had filed his bill against B, for a specific performance: And
that B must use due diligence in collecting the choses in action so put
into his hands; and should be allowed all proper expenses, to be de-
ducted from the sums collected. Dorsey v. Campbell, 332.

2. On a bill for specific performance, where the agreement is admitted
or proved as set forth in the answer, no cross bill is necessary, but a
decree may be passed against each party according to the extent of
his liability—against the one directing him to convey the estate; and
against the other ordering him to pay the purchase money. Jb.

3. If. on a bill for a specific performance, a decree be passed directing
the defendant to convey on the payment of the purchase money;
there cannot afterwards be a decree ordering the plaintiff to pay the
purchase money without a cross bill; although such a reciprocal de-
cree might have been passed in the first instance, had it been called
for, without a cross bill. Etchison v. Dorsey, 503.

STATUTE OF FRAUDS.
See CONTRACT, 2, 3, 7.

STATUTES.

I. CONSTRUCTION AND EFFECT.

1. The form and mode of proceeding in Chancery, according to the Act
of Assembly, to obtain a division of an intestate's real estate among
his heirs, where the lands lie in different counties. Hughes'' Case, 39.

2. Where an Act of Assembly authorizes an object to be attained, and
the prescribed course of attaining it is deficient, that of the forum
resorted to may be pursued for the purpose of supplying such de-
ficiency. If the deficiency canuot be so supplied, with propriety
and effect, then the Court applied to can have no jurisdiction; and
if it cannot be supplied by any other Court, then the Act of As-
sembly must be treated as a nullity, because of there being no tribu-
nal competent to execute it. Ib.

3. The express provisions of a constitutional Act of Assembly cannot
become obsolete, and are of superior authority to any usage or ad-
judged case whatever. Snowden v. Snowden, 516.

See ATTACHMENT.

II. ACTS OF ASSEMBLY.

1820. c. 161. Hall v. Hall, 120; Alien v. Burke, 511; Griffith v. Bronaugh,

514.
1825, c. 103. Dorsey v. Campbell, 333.

SUPPLEMENTAL ANSWER.
See PRACTICE, 3, 4. 5.

SURETY.

See DEBTOR AND CREDITOR, 16.

TAXES.

See MESNE PROFITS, 7.

TRUSTS AND TRUSTEES.

1. A person appointed trustee is not obliged to accept the office; but if
he does so, he is bound to obey the orders of the Court. Latimer v.
Hanson, 45.