The relevancy or materiality of statements or questions to be considered by the Master.

LXXIV.

THAT the Master in deciding on the sufficiency or insufficiency of any answer or examination, shall take into consideration the relevancy or materiality of the statement or question referred to.

Property directed to be sold before the Master, may be sold in the country as the Master shall think fit.

LXXV.

THAT in cases where estates or other property are directed to be sold before the Master, the Master shall be at liberty, if he shall think it for the benefit of the parties interested, to order the same to be sold in the country at such place and by such person as he shall think fit.

Directions as to the course of proceeding where a Master is directed to settle a conveyance, or to tax costs, in case the parties differ about the same.

The Master may require parties to be represented before him by distinct solicitors.

LXXVI.

THAT where a Master is directed to settle a conveyance, or to tax costs, in case the parties differ about the same, there the party claiming the costs, or entitled to prepare the conveyance, shall bring the bill of costs or the draft of the conveyance into the Master's office, and give notice of his having so done to the other party; and at any time within eight days after such notice, such other party shall have liberty to inspect the same without fee, and may take a copy thereof if he thinks fit; and at or before the expiration of the eight days, or such further time as the Master shall in his discretion allow, he shall then either agree to pay the costs or adopt the conveyance, as the case may be, or signify his intention to dispute the same; and in case he dispute the same, the Master shall then proceed to tax the costs, or settle the conveyance, according to the practice of the Court.

LXXVII.

THAT whenever in any proceeding before a Master the same solicitor is employed for two or more parties, such Master may at his discretion require that any of the said parties shall be represented before him by a distinct solicitor, and may refuse to proceed until such party is so represented.

LXXVIII.

THAT Such of the foregoing Orders as limit or allow any specified time for any party to take any proceeding, or for any other purpose, shall only apply to cases where the period from which such specified time is to be computed shall be on or subsequent to the first day of Easter Term now next ensuing.

Directions as to the time from which the preceding Orders should take effect.

LXXIX.

THAT Such of the foregoing Orders as relate to the manner in which the costs of any suit or proceeding are to be taxed, and to the amount of costs to be paid on any occasion, shall not apply to any costs which shall have been incurred, or to the costs of any proceeding which shall have been had or taken previously to the first day of Easter Term next ensuing.

LXXX.

THAT Such of the foregoing Orders as relate to the course of proceeding in the offices of the Masters of the Court, or to the authority of the Masters, shall have effect from and after the first day of Easter Term next ensuing, and shall be acted upon by the Masters in all cases except where from the then advanced stage of any proceeding they are not practically applicable.

LXXXI.

THAT Subject to the regulations hereinbefore specified, the foregoing Orders shall take effect as to all suits whether now depending or hereafter commenced, on the first day of Easter Term next,

LYNDHURST, C.

JOHN LEACH, M. R.

LANCELOT SHADWELL, V. C.

་

INDEX

TO THE

ORDERS IN CHANCERY.

ACCOUNTS

ORDER

61

62

to be carried in before a Master in the form of debtor and creditor.
when passed and settled by the Master, to be entered in a book to be
kept in the Master's office.

AFFIDAVIT

of materiality of amendments to be made upon a second application for
leave to amend bill before replication filed.

having been read in court may be used before the Master.

in reply to affidavits upon an inquiry before the Master, not to be read
except as to new matter stated in the affidavits in answer, nor any
further affidavits unless required by the Master.

AMENDMENT,

before replication, one order for leave to amend obtainable as of

course.

no further leave to be granted before replication, except on affidavit.
within what time an order to amend before replication must be ob-
tained. .

order for leave to amend to contain an undertaking to amend within
three weeks from the date of the order.

no amendment after replication, except on special application supported
by affidavit.

66

ib.

ib.

14

15

time for amending bill expiring in the vacation after Trinity or Michael-
mas Term, to extend to and include the day of the ensuing general
seal.

19

ANSWER,

in a country cause to be put in within eight days after appearance,
unless orders for time obtained.

3

to be deemed sufficient unless exceptions thereto delivered within two
months.

4

not to be referred for insufficiency until the expiration of eight days
(except in injunction causes), if not referred within the next six
days to be thenceforth deemed suflicient.

5

ORDER

ANSWER-continued.

a second or third answer, if not referred for insufficiency on the old
exceptions within a fortnight after it is filed, to be thenceforth
deemed sufficient.

when found insufficient, the Master to fix a time for putting in a further

when certified sufficient, to be deemed so from the date of the Master's
report.

defendant submitting to answer without a report, the answer to be
deemed insufficient from the date of the submission.

if a third answer be reported insufficient, the defendant to be examined
on interrogatories, and to stand committed until the same are fully
answered, and to pay additional costs.

6

9

ib.

10

when referred for insufficiency, scandal, or impertinence, the Master's
report to be obtained within a fortnight from the date of the order,
or within such further time as Master shall certify is necessary, other-
wise the order to be considered as abandoned, and from such time,
in case of alleged insufficiency, the answer is to be deemed sufficient. 12
Master, in deciding on sufficiency or insufficiency of, to consider the
relevancy or materiality of the statement or question.
(See tit. Costs.)

APPEAL. (See titles Costs; Deposit.)

CAUSE,

time for setting down a cause for hearing.

when set down to be heard in the Lord Chancellor's court, and after-
wards in the court of the Master of the Rolls, or vice versa, the
plaintiff's solicitor to certify the fact to the Registrar, and to be
allowed 6s. 8d. for so doing, if certified within eight days.

when abated or compromised after it is set down to be heard, the
plaintiff's solicitor to certify the fact to the Registrar, and to be
allowed 6s. 8d. if certified as soon as possible.

CLERK IN COURT,

service on, in what cases good service.

fees not to be allowed to the sworn clerks and waiting clerks for attend-
ance in court, except their attendance necessary.

74

20. 21. 50

37

upon request of any person, to furnish certificate of dates and descrip-
tion of the proceedings in any cause.

may be directed to pay costs personally in the discretion of the Master
where a proceeding fails by reason of non-attendance of any party.
COMMISSION,

order for, to be obtained by plaintiff within one week after filing re-
plication.

order for, when obtained in term time, the commission to be returnable
on the first return of the following term at the latest.
order for, when obtained in vacation, the commission to be returuable
on the last return of the following term at the latest.

ib.

ib.

CONTEMPT,

ཚུ

defendant to be in contempt in default of putting in a further answer
within the time directed by the Master, after exceptions allowed to
the former answer.

process of, may be taken up at the point to which the plaintiff had
before proceeded, in the event of the answer being found insufficient,
notwithstanding he accepted costs upon the defendant's dischargo. 24

3