beard v earl OF powis d August though a cause be abate money may be order to  be pay out of court without revive the cause upon the consent of all the party  actual interest see the supplement p this cause abate by the marriage of miss  Herbert one of the coplaintiffs with the defendant and be not revive petition  consent to by the plaintiff that the executor may raise money by sale or  mortgage of a term and pay it to defendant with a view to put a end to the  suit Lord chancellor by consent of party I may indeed order money to be pay  out of court without revivor of the suit where it have abate I may go so far  as to declare that defendant be entitle to so much but the question be how  much I can go far as to the prayer of this petition I can make a order in the  nature of a decree on motion or petition provide it be consent to by all the  party interest but here be not party to consent for as to the raise money out  of the estate it concern the estate and those interest in remainder it be  limit to the defendant for life remainder to first c son in tail remainder in  fee to his wife who be a infant and a plaintiff so that she and her heir will  be concern how then can I make a decree on motion for sale or mortgage of a  term which must be a charge on the estate or inheritance of a infant I can do  it by decree on the hear but not by a order on consent of these party and  though there be a private act of parliament I can carry that into execution by  order on petition any more than I can the trust of a deed the act of  parliament can not give I a better jurisdiction than I otherwise shall have if  lady powis be of age that may be vesey senior another consideration and make  it strong though there the contingent remainder may stand in the way but here  be that further objection nor can I order the party to be pay the cost of suit  here be not party to consent to make the decree on petition complete I can  only declare that on the plaintiff affirm their consent to the prayer of the  petition I will not restrain the trustee from raise and pay it to defendant  Reg lib a fol