REBECCA OWINGS1 CASE.

become due; and the payment of the future instalments might be
enforced by fieri facias sued out within the year after every day of
payment, though it might be many years after the judgment, (m)
And in an action of debt upon a bond conditioned for the payment
of certain sums of money on certain days by way of instalments;
or upon a bill in equity for the arrears of an annuity; under a
judgment for the penalty, or decree for the annuity, it was ruled,
that the plaintiff should be allowed to levy by execution the sum
found due at the trial; and that the judgment or decree should
stand as a security for the future arrears, with liberty to apply
from time to time to sue out fresh executions thereon, (n) So in
this court, where alimony, or the payment of a certain sum annu-
ally had been decreed; the payments as they became due were
enforced on petition and order in a summary way.(o) And where
an estate has been mortgaged, the tenant for life in possession will
be ordered to keep down the interest; and if he does not do so, a
receiver may be put upon the estate with directions to take, and
apply the rents and profits to the interest as it bBComes due on the
mortgage, and to pay the surplus to the tenant.(p)

Upon these suggestions and analogies, I shall decree, that Wil-
liam Owings forthwith bring into this court, or pay to the plaintiff
John Cromwell, the whole amount now due, with interest on each
annual sum as it became due until brought in or paid; and let the
decree stand as a security for what may hereafter become due.
The payment of the several sums, as they may hereafter become
due, may, on petition, be enforced by a summary proceeding,
either as against the person or personal property of William
Owings; and should he fail to pay the whole amount now decreed,
or which may hereafter become due, I may be induced, on a proper
application, to put a receiver upon the estate devised to him, with
authority to take and apply the rents and profits of it under the
directions of the court.

The devise gives sixty pounds a year; but does not distinctly
say from what date it is to be computed. This charge, from
its nature, should take effect from the day of the death of the
testator ;(q) but as the date of that event has not been clearly
shewn, I shall direct the years to be reckoned from the 25th

{m) 2 lost. 471; Gilb. Excu. 12.—(n) Ridgely v. Lee. 3 H. & McH. 94; Marshall v.
Thompson, 2 Mun. 412; Sparks v. Gamgues, 1 Bin. 152; Ranclaugh 0. Hayes,
1 Vein. 190.—(o) Darnev. Catiett, 6 H. & J.476; Hewittv. Hewitt, ante, 101.
(p) Bow. Mort. 800, note.—(q) 2 Mad. Chan. 88.