1070.—Special allowances. In English practice. In taxing the costs of an action as between party and party, the taxing officer is, in certain cases, empowered to make special allowances; 4. e.. to allow the party costs which the ordinary scale does not warrant. Sweet.

68; Story, Eq. Pl. § 42.—Bill to perpetuate testimony. A bill in equity filed in order to procure the testimony of witnesses to be taken as to some matter not at the time before the courts, but which is likely at some future time to be in litigation. Story, Eq. Pi. (5th Ed.) § 300 et seg.— Bill to suspend a decree, ne brought to avoid or suspend a decree under special circumstances.—Bill to take testimony de bene esse. One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at law which is actually commenced, where there is good cause to fear that the testimony may otherwise be lost before the time of trial. 2 Story, Eq. Jur. § 1813, n.—Cross-bill. One which is brought by a defendant in a suit against a plaintiff in or against other defendants in the same suit, or against both, touching the matters in question in the original bill. tory, tq. Pl. ; Mitf. Eq. Pl. 80. A cross-bill is a bill brought by a defendant against a pluintiff, or other parties in a former bill depending, touching the matter in question in that bill. It is usually brought either to obtain a necessary discovery of facts in aid of the defense to the original bill, or to obtain full relief to all parties in reference to the matters of the original bill. It is to be treated as a mere auxiliary suit