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EAR, OP OSOOODE HAlt, ESQVtRES, OARIttSTKKS'AT'IiAW. -^U 03000DE HAU, EIQCIBES, BABBiaT£BS-AT-Li.W. -ui^(G)j(g[^nn- TORONTO : ROLLO LVII. s. 12. fer to paragraphs. demption suits ; XCVIII. 8. 1. CXL Forms of admis- sions. CXXVII Time for rehear- • insr IX. 8. 17. XIV. 3. 8. XO. s. 4. CXII. e' ••■•••••■ , XOVI. Costs of not ad- CXXVIII IX. 8. 17. mitting. Petitions, &c., for CXIII XL. 8. 4. rehearing XLIIL s. 7. Office copies dis- IX. s. 17. pensed with. CXXIX XLIIL 8. 7. OXIV. Rehearing on pne- Four written co- cipe. pies allowed. CXXX IX. 8.17. CXV. Varying decree. .XLIIL s. 7. Printing. CXXXI IX. 8. 18. CXVL Fiat on petition. Demanding two CXXXII XL VLB. 9. copies printed bill. Nisi abolished. r XXXIII. CXVII. Notice to admit. CXXXIII XXXVL XXXVIL 8. ( XXXVIIL CITVIII. Accountant's i duties XLIL Form of notice to XLV. admit. LVIII. CXIX. LXXIL Service of notice. LXXIII. IV INDEX TO CASES CITED. OXXXIV. Accountant'l powers. CXXXV XLV. Jeea to Account- * ants. CXXXVI XLII. Transfer of refer- ences. CXXXVII LXXIX. Objections to Mas- ter's Report. CXXXVIII XLV. Taxation by Tax- ing Officer. CXXXIX XLV. Taxing Officer's duties. CXL XLVLs. 7. Local Master's powers. CXLI XLV. Fees for attend- ances. CXLII XLV. Fees for searches. CXLIIT XLV. Fee on settling minutes. CXLIV XLV. Fees on attend- ances in Master's Office. OXLV XLV. Solicitor's fees on examinations. OXLVI XLV. Sums to be stated in dollars V. OXLVII XLIIL Hours of service. CXLVin. Returns by Reg's- trar. CXLIX. Date of Orders coming in force. INDEX TO CASES CITED. Agabcg V. Hartwell 12 Ballard v. Hartwell 15 Bowker v. Nickson 18 Cameron, &c., Re 10 Gooper t. Wrozeter, &c 8 Hare v. Smart 10 Heron v. Wallis 10 Noel V. Ward 16 Ottey V. Pensam 16 Oxford, &c., V. Scudamorc 8 Pennington v. Lord Muncaster 16 Perkins v. Plebs H Re Cameron, &c 10 Richardson v. Brecker 10 Rutter V. Chapman • 7 Sharpe v. liamb 8 Smith V. Bird S Spencer v. Barough 8 Stone T. Davies 1 Vane v. Whittington 8 Wood T.Lambirth 16 ADDENDA TO SECOND EDITION OF TAYLOR'S ORDERS. ORDERS OF COURT. 12 IS 18 10 8 10 10 16 16 8 IG 3 10 10 7 8 8 8 1 8 IS I e, lees. WITH NOTES. BY T. W. TAYLOR, M.A., AND G. M. RAE, ESQUIRES, BARRISTERS AT LAW. CII. Pleadings and other proceedings in a cause may be written or printed, or partly written and partly printed. {Ord. 1.) This order is od approach to the practice which has, since August 1852, prevailed in England, •where printing is compulsory. Imp, Act 16 and 16 Vic. c. 86, s. 1, enacted that " the practice of engrossing on parohment, bills of complaint and of. filing such engrossment shall be discontinued, and the clerk of Records and Writs shall receive and file a printed bill of complaint in lieu of an engrossment thereof." By recent English orders, answers and affidavits are also required to be printed. The above order, it will be observed, applies to all proceedings as well as the pleadings in a cause, so that were it advisable printed affidavits might be used in cur Court. Where an amendment made in a printed bill exceeded 2 folios the bill was ordered to be re-printed, Stone v. Davits, 8 DeG. Mac. lioation for the relief provided under ss. 7 or 8 of Ord. 9 or Ord. 11 is made. Perkins v. Flebi, V. (!. Mowat, 26th Feb- ruary, 1866. 4 ORBER CVllI. CVII. A defendant is to admit in his answer such of the allegations contained in the plaintiff's bill as are to the knowledge of such defendant true, or the truth of whicli he can readily ascertain, or as he has reason to believe and does believe to be true ; and it shall be sufficient if such admissions are expressed to be only Tor the purposes of the suit in which the same are made iOrd. 6.) The plaintiff, in England, can serve the defendant, and the defendant after be had put in a sufficient ..ijswer, the plaintifiF, with interrogatories the answers to which are on oath, and, ic the grent majority of cases, <'lucidate all evidence necessary for either side to adduce. We had no process by which admissions could be compelled; and, as motions for decree were confined by Ord. 68 to a limited number of cases, the conse- quence has been, that the evidence required by the parties could oJy be taken by salting the cau^e down for examination of witnesses and hearing By this, and the four following orders, the discovery formerly obtained by interrogataries, more recently by cross-examination on the answer can be had fi-om the defendant by less expensive means. To a great extent, they, as well as Oru. 117 post, are founded o- Section 7 of the Eneli^h Chancery Amendment Act, 1858. It should be borne in mind, that the admissions of the defendant are on oath, and bs answer can be used as evidence against him generally, while theplamtiff ebill or replication being merely allegations, are not in the same '^itegory. Althou-h the orders now promulgated make no exceptions m to parties competent to make admissions, they cannot be held to apply to those such ap guardians arf/«V«„, who have, hitherto, been considered incompetent. The plaintiff alone ha. the power of calling upon the defendants for p-oductioa of documents, and one defendant cannot compel production by a co-defendant. It U presumed these orders do not authorize one defendant to nail on a co-defendant to admit. The classes in which admissions are to be made ave three: Ist. What th3 party knows to be true; 2nd. What he can readily ascertain to be true; and 3rd. What he has reason to, and does, believe to be true, and J n each case he is allowed to give a qualified admission, but Order 110 provides that the qualifications allowed are to be only such as ara necessary or proper. C VIII. Plaintiffs are to admit in their replication such facts alleged by the answer as are to the knowledge of the plaintiffs or any or either of them true ; or tho trutl^ of which they or he can readily ascertain, or as they or ORDER CXI. 6 he have or has reason to believe and do or doth believe to be true ; and it shall be sufficient if such admissions are expressed to be only for the purposes of the suit in which the same are made. {Ord. 7.) See note to Ordtr 107. CIX. The replication may hereafter be in the follow- ing form : — I admit, &c., and I join issue with the answers of the defen- dants, C. D. , &c. , except in so far as I have herein made admissions in regard to allegations contained in such answers, and I will hear the causo upon bill and answer against the defendants, E. F., ''»'"^ a mere cop^.lJlow Z cop"- o be u!:d l^th" '•'""'^ ^ '^ ^P^' »--^ original ^A«.;,« , Za^ftfil A /e sJl """''""' "'^•"''* ''''•'« An unintentional admissioD contrnrv fr> .!.„ r n. . answer, a supp.c.cntar, auLeJtZllt J tf o 3 "^''"''"^ " » costs. Cooper.. Wro.eUr Burial Boar^.Tl^^m^'^Z'^^^^^^ form"?!"'- "^'^ "°^"^ "^^y '^^ - the following "In Chancery. iietween A. R, and • Plaintiff, -ay be inspected ^3^^^^^^^^^^ *^^* *^° «-« agent, at— _ &„ '„ ''™"*' Z^'' Pl'^^^t^Q,) his solicitor or *c. ;and the d^ftXtl^T^lattim'^T" ^^ '°"" °' ^ four days from the said dlv • , ^ '' ^'""'^^ "'l"^''^^' ^'^^^ ^aiddocLentsas a Ini^^^ *.^^^-^* that such of the written, signed or exe Jted as b '"^"'"^'' ''''' respectively been;thatU docuTets 1 r Lf^^^^^^^ T''*"'^^^ '""'"^'^ or delivered, were so served Int or d«lf I ''" '""'•^' ^* aU just exceptions to thell ttfof Tl' ^^^^^^^^^^^ ' «»vi„g in this cause. admitting of such documents as evidence Dated this day of igg __, To S ^ ^Q Yours, Ac. tioD8 are not ,lly mentioned d to a re- as hereto- ! judge's fiat, ORDER CXXXni 13 5 the order drawn up ordered that, upon the petitioner 4epositing the sum of £10 with the registrar, and undertaking to pay such costs, if any, as the court might award, the cause should be set down to be re-heard. The present order is silent as to the deposit ; but it is presumed the registrar will refuse to receive any prfflcipe, or- set any cause down, under this order, unless aocorapanied by such depoeit and undertaking, see Ord. 9 8. 17, p. 65; aud Ord. 43, s. 7, p. 169. For forms of consent, see an<« p.' 291, and for Forms of priBcipe, see Forms posf. CXXX. If a parly seeks to vary part only of a Decree or Order, he may, in the notice of re-hearing, state the part of the Decree or Order which he seeks to vary {Ord. 29.) For form of notice, see Forms. And as to costs, note to Ord. 128. CXXXI. It shall not be necessary to procure a Judge's fiat to a petition appointing a time and place for the hearing thereof; but in lieu of such fiat there is to be indorsed on the petition a notice addressed to the parties concerned, stating the time and place at which the peti- tion is to be heard, and informing them that if they do not appear on the petition at such a time and place, the Court may make such Order, on the petitioner's own shewing, as shall appear just. {Ord. 30.) For form of the notice required above, see Forms. CXXXII. Orders nisi are abolished, and in lieu thereof notice is to be given of the motion for an Order absolute. {Ord. 31.) By sec. 7, of Ord, 46, ante page 184, all orders ni&i for the production of documents under Ord. 20, required personal service ; but for disobedi- ence to a master's warrant, service upon the solicitor of the order nux was sufficient, Ord. 42 sec. 3, note, page 180. It is left indefinite, by the pre- sent order, whether service upon the solicitor of the notice of motion now substituted for the order nm, will bo sufficient in either case. The inten- tion of the court has been to make the practice ur i; and until the point is actually decided, the safer course would be to serve the notice of motion personally in all cases. CXXXIII. The Accountant is to take and dispose of such references of account and other matters as shall 14 ORDER CXXXV. from time to time be made to him by any Decree or Order. {Ord. S2.) CXXXIV. The Accountant is, in regard to matters referred to him, to have the same powers as the Master in Ordinary to issue warrants, make appointments, and settle and sign reports and certificates, and is to have all other powers and privileges of the Master ; and the reports, certificates, and other acts of the Accountant, are to have the same effect, and be subject to the same Orders and Rules as those of the Master. (Ord. 33.) By the 7 Wiu, IV., c. 2, b. 9, it was enacted, that it should be lawful for the QoTernor, Lieutenant-OoTeroor, or person administering the govern^ ment of the Proylnce, from time to time, under the great seal of the ■ FroTince, to appoint, during pleasure, one registrar, two masters, one accountant, and a sergeant at-arms, to the said Oourt of Chancery, who, when appointed, shall, in addition to the duties usually performed by the like ofScers in England be liable to perform such other duties as shall be assigned to them by the vice-chancellor of Upper Canada. Although, from the wording of the statute, it would appear as if the registrar had the first rank, the master the secosd, and the accountant the third, the order should, in fact, be reversed. The master takes rank over the registrar, and the accountant general is the senior master. In Eng- land there were, pl-ior to 16 ife 16 Vic, cap. 80, when the office of master was abolished, twelve masters. The Master of the Rolls was one, and the chief; the Accountant General was usually the senior master of the re- maining eleven ; and the ten others were the ordinary masters in chancery — Bennetfa Matter's Office 1. The powers and duties of the master are defined by Orders 42, 58, 70, 72, 74, and 81, to whith, and the notes appended, the reader is referred. Ord. 4S, 8. 8, which directs that "money paid into court is to be paid, into the Commercial Bank with the privity of the registrar ; and that all sums of money to be paid out of the court are to be so paid upon the cheque of the registrar, countersigned by one of the judges of the court, and not otherwise," has not been abrogated. It is, however, presumed that an aocountant having now been appointed, a change in the above order will be made. The original Chancery Act, 7 Wm. IV., c. 2, s. 7, is as follows : "AU moneys that become subject to the control and distribution of this court, shall be paid, in the name of tba accountant general of the court, into the hands of such persons or body corporate, or oe vested in the name of the accountant general in the public funds of the Province, or in such other securities as the court from time to time directs." CXXXV. The accountant is to be entitled to take and o T g b n fi e: a b I OlRbER CXXXVII. Decree or to matters the Master nents, and is to have ; and the ccountant, I the same 'd. 33.) be lawful for ; the govern- t seal of the masten, one lancery, who, >rm«d by the i aa shall be ear as if the countant the es rank over ;er. In Eog- ce of master one, and the !r of the re- in chancery r« 42, 58, 70, is referred. 8 to be paid and that all lid upon the of the court, r, presumed above order is as follows : ution of this le court, into the name of , or in such take and 15 receive for his own use, the same fees for all warrants, reports, certificates and other matters as are allowed to the Local Masters. {Ord. 34.) CXXXVI. The Master in Ordinary, with the assent of the Accountant and either of the parties to the refer- ence, may transfer to the Accountant any reference, or any part of a reference made, or which may hereafter be made, to such Master ; and the certificate or report of the Accountant in such case is to have the same effect, to all intents and purposes, as a certificate, report, or separate report, (as the case may be), of the Master ; and where part only of a reference is so transferred, the Accountant, after signing the certificate or report, is to deliver the same to the Master, with the evidence taken and the papers used by and before him, in the matter of such reference. (Ord. 35.) CXXXVII. It shall be the duty of parties to raise be- fore the Master, Accountant, or Local Master, in respect of any matter presented in his office for his decision, all points which may afterwards be raised upon appeal, and in case an appeal is allowed on any ground not dis- tinctly taken before the Master, the Court may, in its discretion, order the appellant to pay the costs of the appeal. {Ord. 36.) This order re-establishes the practice which existed prior to the orders of 1853. Orcfer 43, 8. 17, provided for appeals from master's reports " without objections or exceptions btlSng previously taken," and the same language was used in order 79, e. 1, which repealed order 48, B. 17, Permitting appeals without objections being previously taken, was a great injustice to the Masters of the Court, as on many occasions objections were taken and argued before the Court on the appeal, which had they been brought under the notice of the Master, would have led him to re-consider his decision and induced him to come to a different oonclusioa from that at which he did arrive. As objections are the foundation for exceptions, and as the latter must strictly follow the objections, great attention ia required in framing them, so that the points may be prop-^rly brought before the court. Ballard v. White, 2 Hare, 168. 16 UREER CXXXVIII. In Hiiifliind tho praolico wnt tlint tliero tliould be four clays betnrecn tbo openiog of iLe warrant " to aigii tho i aport " nnil tlio return, to allow the opposing or other parties tirao to object to tho draft of tho I't'port, if re- advised. Whoru piirtiea were disHatlRtied with tho moators finding, and were advised to bring that Gliding mere particularly before the court, they had then four days allowed them to bring in objections to the draft of such report ; and unleea those objections were carried in the court would not afterwords allow a party to except to the report ; unless under very special circumstances, Noel v. Ward, I Madd. 839 ; Pennington V. Lord Muncaster, \ Madd. 656 ; Wood v. Lambirth, 9 Sim, 196. Where permission given to file exoeptious, where no objections to tho draft report brought in before the master, tho party depending upon the chanoo of his appeal to tho court seeking delay, though tho objections are allowed, yet tho party, for the neglect ond occasioning trouble to the court shall pay suoh costs as tho court thinks reasonable, Bowker v. Nickion, 8 Madd. 430. The leaving objections not mere form, but to enable the matter to re-consider his opinion. Ibid, Where from the nature of the case, the master consideri it proper to allow tho party further time to prepare and bring in his olyectioot', he does so, on his being attended by the parties ou a warrant taken out for that purpose, by the party requiring time. As to objections generally, see Ottey v. Fensam, 1 Hare, 322. t CXXXVIII. The Judges having observed in bills of costs which have come under their notice, numei nia items allowed by Local Masters upon taxation, whicli are not warranted by the tariH", it is ordered, that every Local Master do forthwith, after taxing a bill of costs, transmit the same by mail to Toronto, addressed, " To the Taxing Officer of the Court of Chancery, Toronto," and he U- 1^ ■•Ilow in the bill the postage for the trans- missi'n a':' xeUnu of the bill, and shall prepay the same ; ^^Md :"> to allow in the bill the sum of One Dollar as a fee to the Taxing Officer at Toronto, and the same, with postage stamps for the postage, is to be paid at the time of taxation by the party procuring the bill to be taxed ; and the Local Master is to transmit with the bill to the Taxing Officer at Toronto, the said sum of One Dollar, and the postage stamps for the postage on the return of the bill to the Local Master. {Ord 37.) M, ORDER CXLII. 17 between tbo to allow the report, if re- fiiuliiig, niiii b the court, to the draft n the court iiileas under Ptnnington 9 Sim. 1U6. Joos to the ig upon the )jccUon3 are to the court , Niekton, 8 I matter to it proper to 1 oly'ectioDi', b taken out 9 generally, bills of lumer IU3 n, whicli lat ijvcry of costs, ed, "To ^'oronto," le transi- jpay ilie le Dollar he same, id at the 3ill to be 1 the l)ill I of One 3 on the CXXXIX. The Taxing Oflicer at Toronto, upon re- ceiving the bill of costs, or as soon thereafter as his other engagements will permit, is to examine the same, and to mark in the margin such sums (if any) as may appear to him to have been improperly allowed, or to be questionable ; and he is to revise the taxation, either ex parte, or upon notice to the Toronto agent (if any) of the Solicitor whose bill is in question, as in his discre- tion he may see lit ; but notifying such agent (if any) in all cases where the taxation is not clearly erroneous, or where the amount in question is so large as in the judg- ment of the Taxing Oflicer, to make such notification proper. Such notification may be by appointment mailed to the address of the agent (if any.) If upon such revi- sion the sums disallowed shall amount to one-twentieth of the amount allowed upon taxation, the Taxing Officer is to add to the amount taxed off, the amount of postages, and the sum of One Dollar aforesaid, and is thereupon to re-transmit the bill so revised to the Local Master. {Ord. 38.) It becoraea necessary on filing bills of costs in n local mnster's office to eniJorso thereon the name and addrcaa of the Toronto ajjeiit, us it is not made the taxing ofBcers duty to ascertain from the registrar's book who such agent is. CXL. No sum is to be inserted in the report of a Local Master as taxed and allowed for costs, until such revision by the Taxing Officer ; but in a case of urgency, a writ of execution may issue to levy costs, or debt and costs, upon the order of a Judge, subject to the future revision by the Taxing Officer : and the party may without order issue at his own expense a separate execution for the debt before the revision takes place. {Ord. 39.) CXLL The fee for a necessary common attendance including preecipe, if any, shall be fifty cents. {Ord. 40.) CXLIL A fee of twentv cpnts i« In b«^ r>nid Hv the 18 ORDBR CXrV. !i parties for every search ift the office of the Master in Ordinary, Accountant, or Local Master, but it is to be taxed only when the search was, in the opin'on of the Taxing Officer, necessary or proper. ( Ord. 41.) CXLIII. The fee on settling minutes and on passing Decrees oi Orders may be increased in the discretion of the Registrar, in special cases, to Two Dollars, where the solicitor attends personally on such settling or pass- ing. {Ord. 42.) CXLIV. For attendance in the Master's office and in the office of the Accountant upon a warrant or appoint- ment to hear and determine, it shall be in the discretion of the Master, Accountant, and Local Master, to in- crease the fee for such attendance to any sum not exceeding Two Dollars per hour, where in the judgment of the Master, or other officer aforesaid, the matters to be heard and determined are of such special nature as to have required previous preparation, and where the Master shall find that previous preparation has beeu bestowed thereupon, and that in his judgment such increased fee is reasonable and proper under the cir- cumstances. But no such allowance is to be made for more than one day, unless the hearing is proceeded with de die in diem to the conclusion thereof ; or unless such proceeding be prevented by a party other than the one claiming the increased allowance : and the in- creased allowance is not to be made unless the same is noted at the time in the book of the Master, or other Officer aforesaid. {Ord. 43.) CXLV. The fee on the allendance of a Solicitor upon the examination of parties or witnesses, where the So- licitor attends in person, and no counsel is employed, may in special cases be increased in the discretion of the Judge, or Officer, before wiiom the examination is had, to two dollars, and where the examination occupies ORDER CXLVni. 19 Master in it is to be on of the a passing cretion of irs, where g or pass- 2e and in r appoint- discretion er, to in- sum not judgment natters to nature as vhere the has becLr lent such r the cir- made for proceeded or unless ' than the i the in- e same is or other itor upon e the So- mployed, ;retion of nation is occupies more than one hour, then two dollars for every addi- tional hour which is so occupied, and during which the Solicitor is present in attendance thereupon, provided tht same is noted at the time in the Registrar's Book, or in the book of the Master, or other Officer, as the case may be. {Ord. 44.) The expression, " the registrar's book," must have been inserted inad- vertently, as counsel only are beard before the court. CXLVI. In all Decrees, Orders, Reports and Certifi- cates, sums are to be stated in dollars and cents. Ord. 45. CXLVII. Service upon Solicitors of Pleadings, No- tices, Orders, and other proceedings, is to be made between the hours of ten o'clock A.M., and four o'clock P.M., except on Saturdays, when it shall be made between the hours of ten o'clock A.M., and two o'clock P.M. If made after four o'clock P.M., on any day except Saturday, the service is to be deemed as made on the following day, and if made after two o'clock on Saturday, the service is to be deemed as made on the following Monday. {Ord. 46.) Personal service, however, can still be made at any time. CXLVIII. Every Deputy Registrar is forthwith, after the 30th of June and 31st of December, in every year, to make a return to the Registrar at Toronto, of the number of bills, answers, and demurrers, filed with such Deputy Registrar during the preceding six months, and is to transmit with such return the amount of fees payable into " The Suitors' Fee Fund Account." The Registrar is forthwith to deposit to the credit of the said account the sums so received, and is on the 31st day of January, and 3 1st day of July, in each year, to lay before the court a statement of the condition of the said account, and the names of the Deputy Registrars (if any) who are in arrear thereto. {Ord. 47.) See note to Ord. 134. 20 ORDER CXLIX. CXLIX. The foregoing Orders are to take effect on the twentieth day of February instant, as to all suits then pending, as well as to those instituted on or after thi& date. ( Ord, 48.) P. M. VANKOUGHNET, C. J. G. SPRAGGE, V. C. 0. MOWAT, V. C. effect on the ill suits then or after this :NET, C. \ C. FORMS. 131. Affidavit of Service oj Office Copy Bill as altered by the Preceding Orders. In Chancery. (L. I.) I, of say, 1. That I did, on the named Defendant (Style of Cause.) in the County of make oath and day of serve the above- with a paper which purported to be an Office Copy of the Bill filed in this Cause, by delivering to and leav- ing with him, the said Defendant, at in the County of the said Ofl&ce Copy. I further say, that the said Office Copy pur- ported to be authenticated by the signature of the Registrar of this Coiu-t at the foot thereof, and that each page of the said Office Copy was stamped with a stamp similar to the one which T now look upon in the margin of this affidavit. I further say, that upon the said Office Copy, at the time of the service thereof, there was endorsed the following memorandum — to wit : " NOTICE TO THE DEFENDANT WITHIN NAMED. " Your answer is to be filed at the Office of the Registrar, «fec. "You are to answer or demur within fo?ir weeks from the ser- '* vice hereof. " If you fail to answer or demur within the time above limited "you are subject to have such Decree or Order made against "you as the Court may think just, upon the Plaintiff 's own ' ' showing ; and if this notice is served upon you personally, " you will not be entitled to any further notice of the future " proceedings in this cause. " iVToee.— This Bill is filed by of in the County " of solicitor fo/ the above-named plaintiff." 2. And I further say, that to effect the said service I necessarily travelled miles. Sworn before me, n behalf of the lourable Court, i on • the — — day of , at ten o'clock in the fore- noon, or so soon thereafter as counsel can be heard, and unless you attend the time and place appointed the same may be re-heard and the decree already pronounced (reversed or) varied in your absence, (and take notice that such re-hearing is had in order that the decree may be varied in the following pai'ticulars ; 1st. By adding, &c. , 2nd. By varying the directions," sts of GoSTB—{coHtiniced.) of non-attendanco before registrar, 11 ; delay before, 11. of rehearing, &c., not included in costs of suit, 12. appeal from master'-a report, 15. not allowed by local masters, 1 6 ; exceptions, 1 1. execution for, 17. revision of, 17 ; retaxation of, 17 ; of search in master's office, 17, 18 i of attendance there, 18; of attendance on (xamination of witr nesses, 18, 19> of common attendance, 17. icn to ar, 3; jopies axed, jefore 2; of when s dis- 6; if , 7, 8. s on, Datks — wlien pleadings printed to be in figures, 1. of orders taking effect, 20. Dbcuee— orders to have effect of, 12 time for rehearing, 12; may be varied on, 13 ; part of, to be stated in notice, 13 ; accountant to dispose of matters referred by, IS. to be entered, 9, 10. settling and passing, 10; registrar to give directions as to, 10, 11 ; fees on, 18. in redemption suits, 11. suras in, to be in dollars and cents, 1!>. Defkndan'. — to admit by answer, 4. practice as to advertising, 3. may demand two copies of printed bill, 7. Delay— to be accounted for, in serving, 3 ; on motion to dismiss, 10 ; on settling minutes, 11 ; costs of, 11. Dbposit— for sale, when to be made, 12; order on, 12 ; for rehearing, 13 • Deputy IIkgibtrars - to make semi-annual returns, 19. sec Heoistrak. DiLiQBNCB— to be used in effecting service, 3 ; in answer to motion to dit- miss, 10. Directions— further decree on dispensed with in certain cases, I'J. Discharge— of decree or order, within what time to move to, 12. DisnuBSEMKNTS — for printing allowed, 6 Dhapts — of pleadings allowed, 6. Documents— notice to admit, 7 ; form of 8. Dollars and Cents — .sums to bu stated in, 19. Duties— of accountant, 1.3, 14. of taxing officer, 16, 17. Effect — orders, when to take, 20. of orders substituted for decrees, 12. of accountant's report, 14, 15. EndOi sbment — on petitions in place of fiat, 13. on bills of cost in local master's office, 17. Entry —of orders of course, &c., dispensed with, 9, 10. 34 INDEX. of decree or order, 12. of increas3d fees in officer's book, 18, 19. EviDBNCB — in cases of absconding defendants, 3. taken by accountant, 15 ; delivered to master in certain cases, 16. costs of adducing where not admitted, 6, T, 8. Examination— of witnesses, &e., increased fees on, 18, 19, ExcBPTiONS — to master's report, 16, 16. Execution— for costs before revision, 17. ExppEssED— dates, &c., to be in figures in printed proceedings, 1. Facts— costs of proving where not admitted, 6. Fibs— of accountant, 14, 16. for revision of costs, 1 1. for common attendance, 17. for search in master's, &c., office, 17, 18. on settling minutes, 18, for attendance in master's, &c., office, 18; on examination of wit- nesses, 18, 19. fund, suitors, semi-nnnual returns of, 19 Fiat — on petitions abolished, 13. FiGDRBS— dates and sums to be in, when pleadings printed, 1. English order as to, 1. Filing— improperly prepared proceedings, registrar to refuse, 2. service of bill within twelve weeks after, 2; computation of time from, 3. of bill, not to be certified, 2. FoEKOLosuEE— decrees in, 11 ; in redemption suits, 11, 12. FoEM — of paper to be used, 2. FoBifs — of replication, 5. notice to admit, 8. affidavit of service, 21. schedule to notice to admit, 22. pi'cecipe to take bill pro eon., 22. prnecipe to set down for rehearing, 22. notice of rehearing, 23. of motion for order absolute, 24. foreclosure decree, account taken by court, 24 . sale decree, account taken by court, 25. foreclosure decree, reference to accountant, tS abjec- {( costs pr.ic- post. aper, 3, 1 ; PRiKTi:i)—(continutiI j Englisli ordere as to l 2 wheu to be, 6. ' dpfendant n.uy demand two copie. of biil 7 i'RocEEDiNQs— see pleadings. ' ' Pro coM-E8so-no order, >., issue, 9 to be nofp,l six moDtb., t. '"' '>■ f«e:'8trar,i.; wJthm PRooF-costs of, where no udmijsiou, 7, s y PuurosKs— of suit, adniissions for, 4,'{. ' Redkmption— decrees in gaits fnr it e .i .^^ ^^ n salts for, 11; fu.,Ker directions not reserTe 1 RKoisTRAR-wheu to rcfuse to tiie pruceedinge 2 not to certify office copies of bills, 2 ; to sign at foot > to enter bills as ♦aken pro con.. 9 ; f^, for, 9. not to enter orders of coursti <} • tr, «t»^ ' • x pass.,0;settleoostsof;r;^crt:;ero:1^^^^^^ docrees and orders an prcBcipe. ,'7/ '''"°' '^ ' <^ •»«"'^' «««•*«" to make returns in suitors' fee fund, to court,, 19 deputy, may allow increased fees or Po,.f„,„ .. j „ 1 . "iwcu lecH or oertnm attendancpR i« 10 . make semi-annual returns, 19, «'ancpR, js, 19 ; i.> RKUEAHiNo-time within vfclch allowed I'i- t^ hnu a decreeorordervariedon,18; Jm of nluclf of 4° ''^«^''-- "■' ^ R.i.AxivKs-of absent defendants to .e examined. 3 ' REPUCATioNs-admissions to b. made in, 4 ; forms of 6 diviii,ou into paragraphs, 5. tftitice to admit may be served after, 1 fi"ug "o answer to notice to dismiss, 10 report before, 17. ^^"^ '° '"'"*' °"»8*«'"'^ execution for, before, in certain cases, 17, SATuaDAT—time for service on, 19, »"•«*-. 'o .s, 12. SKAECH-iu master's, Ac, office, fee for, 17, 18 '^^^'^^-:;;^;V'^''''"^''"*'^'--''^'-= .H.„„owedby of notice to admit, 9. of notice to dismiss, lO. of notice of motion for order absolute, 13 on solicitor, 19 ; within what hours good, 19 38 INDEX. Signature— of registrar at foot of office copy bill, 2. Size— of paper, &c., to be used, 2. Six months— bill may be taken pro eon., within, 9, SoLioiTOE— when not allowed costs of proceedings, 2, fees to be increased on settle minutes, 18; in master's office , 1 8 ; on examinations, 18, 19. service on, 19. Speed— undertaking to, no answer to notice to dismiss, 10. Stamped- office copies of bills to be, 2. ' Su'iT — admissions may be for purposes of, 6. SuiTOEs— fee fund account, returns relating to, 19. ScMS— in printed proceedings to be in fi^'ures, 1. * in decrees, &c., to be in dollars and cents, 19, • Taxin* Offickr- to settle cosU in regard to admissions, 1 ■ bills of cost* to be sent to by local masters, 16 ; to revise costs, 17 ; to retax, 17 Theek— copies of written proceedings allowed, 6. Tedth— of allegations to be admitted in answer, 4 ; in replication, 5, Time— for service of bill, 8. to serve notice to admit, 7, 9 ; within what, admission to be made, 8. within which to take bill joro eon., 9. in foreclosure and redemption suits, to be settled by master, &o., 11. for rehearing, 12. for service, 10. for returns to be made by registrar and deputy registrars, 19. for orders to take effect, 20. Twelve— weeks allowed for service of bill, 3. * Two— copies of printed bill allowed to defendant, 7. days' service of notice to admit, 9. Validity— of service of bill, 3 ; may be allowed by judge, 3. Variation — in form of replication, 6. of decree or order on rehearing, 13 ; form of notice of, 22, 23. Warrant — accountant to issue, 14. to hear objections, 1 0. Weeks -twelve allowed for service of bill, 3. Weitten— proceedings, to be neat and legible, 2 ; on good paper, 2 ; costs of non-compliance with order, 2. 1 ( r )n ■y- ^^ }j ''l H I NOW READY. 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