a by bill pray relief and a discovery against b and proceed at law against he  upon the same account b pray that a may make his election which court he will  proceed in a elect to proceed at law but have leave to proceed here also with  regard to so much of his bill as seek a discovery a amend his bill on payment  of cost by strike out that part which tend to pray relief thereupon the bill  be dismiss of course because that it pray only a discovery and b s cost tax to  pound a get judgement at law for pound for which b be take in execution but at  the same time b take out a attachment against a for the pound cost a petition  that he may deduct the pound out of the pound Lord Chan say the petition seem  to he to be very reasonable and that he will grant it if the precedent will  justify it which he doubt because the bill of discovery be dismiss therefore  he make no order but direct it to stand over in order that plaintiff may  search for precedent hill Geerish and Donaccon Barnard Rep in Chan atk Rep pl  where there be only mistake in a account equity while both party be live will  only give liberty to surcharge and falsify but where there be imposition will  set aside the account entire although a charity be not bar in equity by the  statute of limitation yet that statute seem to be a good rule how far back to  carry the account m S note equity case abridge er p equity case abridge cap  III affidavit a where a affidavit be necessary econt b of a evasive affidavit  where affidavit be allow to be read on a motion to dissolve a injunction and  concern affidavit order to be swear on both side by a limit time a where a  affidavit be necessary econt the follow rule be lie down per Lord Chan in  Trinity term in a anon case that if a man prefer a bill for a thing of which  the court have jurisdiction there the plaintiff need not make a affidavit that  he have not the write but if it be to entitle the court to a jurisdiction  there he must as if a man bring a bill to be satisfy a debt upon a bind and  pretend the bind be lose he must make affidavit of it for if the bind be not  lose the court have no jurisdiction but in the case before the court the bill  be for a discovery of write a and that his lordship say the court have a  jurisdiction of and there need no affidavit that plaintiff have they not Freem  pl a Prec in Chan Trin in a anon case the bill be for discovery of write and  the defendant demurrer because the plaintiff have not annex the usual  affidavit that he have none of they in his custody but the demurrer be  overrule and Lord Chan say that if on such a bill as this be it shall be allow  it will overthrow half the bill in this court will Rep Trin the S p be rule on  demurrer after debate and on look into the case for per king c if a bill be  bring only for discovery and deliver up of a deed and which bill pray no other  relief there it be not necessary to annex such a affidavit for it can be  intend that a man will bring a bill only for discover or deliver up of that  deed which he himself be possess of ibidem but where the bill be for a  discovery of a particular bind suggest to be lose or for discovery of a  particular deed for want of which the plaintiff can not recover his debt at  law or the possession in ejectment in these case it be fit he shall make oath  that he himself have not the bind or deed because if he have his remedy be  proper and open at law and then he be not to put another to the unnecessary  expense of a answer to deny his have of it per Lord Chan in a anon case Trin  Prec in Chan so if a bill be for relief general upon any deed or bind as to  recover the money upon the bind or the profit of the land under the deed in  this or the like case there must be a affidavit annex to the bill that the  deed be not in the plaintiff custody because such a bill do by consequence  seek to transfer the jurisdiction from the commonlaw to the court of equity  per king c Trin will Rep and the reporter say that the very next day in the  case of sander and Stephens on demurrer to a bill for want of a affidavit  annex that the deed be not in the plaintiff custody his lordship give the same  rule ibidem