INDEX.—3 BLAND. 667

PROCESS —Continued

Couit of Chancery any where within the State Cape Sable Com-
pany s Case 587

REGISTER OF WILLS

1 The original copy of a will of real or personal estate when proved
and lodged with the register of wills cannot be taken from his pos-
session, except under special circumstances Randa.ll v Hodges, 468

2 The documents and vouchers upon which an account has been passed
by the Orphans' Court form no part of its records, and therefore, if
they have been lodged with the legister of wills he may be com
pelled, by a subpoena duces tecum to produce them Ib
REHEARING

1 On an application for a. rehearing, it is not enough to show that in
justice has been done but that it has been done under circumstances
which authorize the Court to mterfeie Wahh v Smyth 1

2 The prayer of the petition for a lehearmg can be no farther regarded
than as it may injuriously affect the interests of the petitioner 1b
See DEBTOR AND CREDITOR 15

RIGHT OF WAY

1 Where a canal and its towing paths are directed to be kept in repair
for the use of the public they must be considered as highways, and
the Acts of Assemblj in relation thereto as public laws of which the
Court must take notice Bosley v. Susquehanna Canal 49

2 A fee simple as enoumbeied with a right of wav Ib

3 Nothing can be deemed a breach of an injunction forbidding the dis
turbance of a peculiar right of way which does not interfere with
its free exeicise Ib

SALE

1 Where the widow herself is the petitioner hei separate assent to a sale
is not requued Williams, Case, 200

2 The credit given on the sale of an infant s real estate consideied as
an investment for his benefit Ib

3 A bid may be reseived or a bye bidder allowed in certain cases Ib

4 An estate ordered to be sold is under the protection of the Court, and
may be rented until a sale can be effected Ib

5 In a creditor s suit the purchaser may be directed to pay a creditor out
of the unpaid purchase money Coombs v. Jordan 292

6 The administrator of a deceased trustee ordered to bring into Court the
bonds given by the purchaser with the purchase money which had
been collected and also to account Ib

7 The administrator and hen of a deceased purchaser ordered to pay
the purchase money Ib

8 The estate ordered to be re-sold to pay the balance of the purchase
money Ib

9 A puichaser under a decree is not bound to see to the application of

the purchase money Ib
See DEBTOR AND CREDITOR, 14, 37, 28, 29, 31

SHERIFF

1. The sheriffs, for the time being of the several counties are the execu-
tive officers of this Court, and as such amenable to it Deale v
Estep, 428