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A surety in a common money bond may
come into equity to compel his princi-
pal to pay or relieve him from his lia-
bility; but not in the case of a bond of
indemnity, 105.
. The liability of one who stands as surety
on negotiable paper, is regulated by
peculiar commercial law, 105.
In case of a bond for the performance of
services, if there be any undue laches,
the surety will be discharged, 106.
Where a creditor receives a chose in ac-
tion for the purpose of obtaining pay-
ment from it, he is bound to use due
diligence for that purpose; and on fail-
ing to be ready to reassign, 106; Dor-
sey v, Campbell, 357.
A trustee under a decree and his surety
called on to pay or shew cause. — Mul-
likin v. Mullikin, 529.
A purchaser under a decree and his surety
called on to pay or shew cause, 541.
PRODUCING BOOKS.
An order to produce books, &c. can only
be obtained by a party interested in such
as he particularly describes. — Ringgold
v. Jones, 90.
The application must be made on oath ac-
cording to the act of 1798, ch. 84, to pro-
duce books, &c. — Williams v. Hall, 196.
Although the books be held under the di-
rection of a trustee who objects, they
must be produced, 196.
PUBLICATION.
After an order of publication against an
absent defendant, he must appear and
also answer, or the bill may be taken
pro confesso. — Clapham v. Clapham, 126.
An order of publication is the substitute for
a subpoena; hence it must appear by the
bill, that the case is such as to authorize
such order. — Lingan v. Henderson, 245.
The wife as well as the husband must be
warned by such order, or she will not be
bound, 246.
If the case be in fact such as does not
allow of such an order, the decree will
be void; hence the party takes the or-
der as of course at his peril, 246; Snow-
den v. Snowden, 558.
As to publication against absent infant
defendants. — Bard v. Greenleaf, 556.
PUBLIC RECORDS.
An affidavit to an answer to a bill in chan-
cery of this State, or the like, is an
authentication called for by the judicial
power here, and as such is parcel of the
records of this State, and not within the
act of congress providing for the authen-
tication of records, &c. of other States.
Gibson v. Tilton, 353.
Such authentications and the executions
of commissions to take evidence al-
lowed and executed by the comity of
all nations, and to be encouraged as
between the States of this Union, 354.
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Although a person cannot lie punished
here for a false oath taken abroad; yet
if such authentication be spurious a party
who introduces it may be punished for
such an imposition upon the court, 356.
RECEIVER.
The appointment of a receiver does not
involve a decision upon any right — it
can only be made at the instance of a
party who has an acknowledged inter-
est or a strong presumption of title in
himself alone or in common with others;
and where the property itself or its rents
and profits are in danger of being materi-
ally injured or totally lost. —H. K. Chase's
case, 213; Williamson v. Wilson, 422.
Where lands are charged with the pay-
ment of an annual sum, a receiver may
be put upon it as a means of enforcing
payment. — Rebecca Owings' case, 297.
The power to appoint a receiver is now
as well established and of as great
utility as any which belongs to the
court. — Williamson v. Wilson, 420.
A receiver may be clothed with authority
to take and hold property, to collect
debts, &c. so as to meet the exigency
of the case, 421.
He is an officer of the court — his appoint-
ment alters no right, not even so as to
prevent the running of the statute of
limitations, 421.
The appointment of a receiver is as little
open to abuse as any other judicial pro-
ceeding, 422.
A receiver may be appointed before an-
swer at the instance of a partner alleging
that the firm is insolvent, and that his
co-partners are wasting the effects, 422.
The appointment does not of itself divest
any one of possession; the possessor
may shew cause against a delivery, 424.
A proper person is selected on the recom-
mendation of the parties and on con-
sideration of all circumstances, 427.
A receiver may be compensated by a
commission, and allowed for all expenses
incurred in the defence and preserva-
tion of the property on vouchers being
produced, 433.
He is bound so to keep the property as
that it may be easily traced, delivered
up, or accounted for, 436.
He may be proceeded against in a sum-
mary way, or his bond sued on here by
scire facias, or at law by action. 488.
On the death of a receiver his personal re-
presentatives may be proceeded against
summarily to enforce payment or de-
livery, 437.
On a final and full account a receiver or
his representatives may be discharged
and his bond cancelled, 439.
RELIGION.
A devise to a religious society without
the leave of the legislature it void. —
Murphy v. Dallam, 529.
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