case astel and other versus MONTGOMERY second seal after Hilary term February  Lord Hardwicke think a defendant make a usual deposition petition for a rehear  be a great hardship on a plaintiff and not a adequate compensation a issue  have be direct to try the validity of the will of Elias turner Esq and a  verdict be find in favour of the will this court be afterward please to give  the defendant his cost on the cause come back on the equity reserve upon his  promise to give no further trouble see ante since the first decree the  defendant have bring his ejectment at law and have also petition to have the  cause reheard and likewise bring a bill here charge new matter discover since  the decree in order to prevent the plaintiff in the original bill from get his  decree sign and enrol Mr Chute move that the original plaintiff may have time  allow he to answer the new bill till the first cause be reheard because this  will give his client a opportunity of enrol the decree and plead it in bar to  the new suit Lord chancellor deny the motion because he find it the practice  of the court when he come to the seal to allow the method of proceed the  defendant have take in this case but say at the same time it be a extreme  hardship on the plaintiff that he shall be oblige to acquiesce upon the  defendant make the usual deposit onlyin case it shall be decree against he  upon the rehear which he think be not a adequate compensation and therefore  will think of some rule atkins which he will establish for the future in case  of this kind or there never will be a end of suit and for the present allow  the defendant in the new bill and plaintiff in the former six week to plead  answer or demurrer the that of October Lord Hardwicke make the follow order  that no supplemental or new bill in nature of a bill of review ground upon any  new matter discover or pretend to be discover since the pronounce of any  decree of this court in order to the reverse or vary of such decree shall be  exhibit without the special leave of the court first obtain for that purpose  and unless the party exhibit the same do first deposit with the register of  this court so much money as together with the deposit by the rule of this  court to be make on obtain a rehear of the cause wherein such decree be  pronounce will make up the sum of fifty pound as a pledge to answer such cost  and damage as shall be award to the adverse party in case the court shall  think fit to award any at the hear of the cause on such supplemental or new  bill and to the end all party may take notice of this order it be direct to be  enter with the register and set up in the office of the six clerk and register  of this court