Order on petition. said decree &c. read and what was alleged by Counsel on both sides, his Lordship doth order, &c. (Date and Title). day of Whereas A. B. did, on the prefer his petition unto, &c., setting forth as therein set forth, and praying (here state the prayer), whereupon all parties concerned were ordered to attend his Lordship on the matter of the said petition, and Counsel for the petitioner and for this day attending accordingly, upon hearing the said petition, &c. read, and what was alleged by the Counsel for the petitioner and the Counsel , his Lordship doth order, &c. for The same form to be observed upon the decree for further directions, mutatis mutandis, where, upon the original hearing an issue or a case for the opinion of a Court of law is directed, or the bill is retained for twelve months with liberty to bring an action. The issue and verdict of the jury to be stated at length, but the judge's certificate upon the case only and not the case itself. A decree " on further directions", of which the form is above given, is made under the following circumstances. Further direc- In cases involving matters of account, the decree made on the first hearing, cannot, except rarely, finally dispose tions. 1850. LXXIX. of the case. The proceedings in the Master's Office are more summary than under the old practice, under the following Orders: Every decree or order, referring any matter to the Bringing the Master, is to be brought into his office within 14 days decree into the after the decree or order shall have been pronounced, by Master's office. the party having the carriage of the same; otherwise any other party to the cause, or any party having an interest in the reference, may apply to the Court, as he shall be advised, for the purpose of expediting the prosecution thereof. Upon the bringing in of every decree or order, the solicitor, bringing in the same, shall take out a warrant appointing a time, which is to be settled by the Master, for the purpose of taking into consideration the matter of the said decree or order, and shall serve the same upon the parties, or their solicitors, unless the Master shall dispense therewith; and upon the return of such warrant to consider, or upon the bringing in of the reference, when no such warrant shall have been issued, the Master shall proceed to regulate in all respects the manner of proceeding with such reference, and shall direct the time and manner in which such steps as may be required shall be taken by the respective parties, and shall further fix a time at which to proceed to the hearing and determining of such reference. And the Master, having determined the time and manner of proceeding with such reference, shall enter, in a book to be kept by him for that purpose, the name and title of the cause and the time fixed for proceeding in the matter. 1850. LXXX. Considering the decree. LXXXI. Every reference appointed to be heard, as by Order LXXX provided, shall be called on and proceeded with Proceedings de at the day and time so fixed, unless the Master shall, in die in diem. his discretion, think fit to postpone the same; and, in granting any application to postpone the hearing of any such reference, as aforesaid, the Master may make such order as to the costs consequent upon such postponement, and may impose such conditions upon the party applying for such postponement as he may think just. And, so soon as the Master shall have entered upon the hearing of any such reference, he shall proceed therewith to the con'clusion, without interruption, where that is practicable; and, where any reference cannot be concluded on a single day, the Master shall proceed de die in diem without any fresh warrant, unless the Master shall be of opinion that an adjournment, other than de die in diem, would be proper and conducive to the ends of justice; and, when any such adjournment shall be ordered, the Master shall note in his book the time and reason thereof; and in no case shall any matter be discontinued or adjourned for the mere purpose of proceeding with any other matter, unless such course shall have become necessary. LXXXII. So soon as the hearing of any matter pending before the Completion of Master shall have been completed, he shall so inform the reference. 1850. LXXXIII. Appeal from finding of the Master. LXXXIV. parties to the reference then in attendance, and shall make a note to that effect in the book in which the proceedings shall have been entered; and after such entry no further evidence shall be received or proceeding had without the special permission of the Master; but the Master shall proceed to prepare his report, certificate or other determination in the matter, without further warrant except the warrant to settle, which shall be served on such parties as the Master shall direct. So soon as the Master's report; certificate or other determination shall have been prepared, it shall be delivered out to the party having the carriage of the reference, who shall be allowed a common attendance therefor. Objections, and exceptions to reports, are hereby abolished. Reports shall henceforth become absolute in fourteen days after the signing thereof, unless previously appealed from, as hereinafter provided. An appeal shall lie to the Court upon motion from all reports made by the Master within fourteen days from the signing thereof. Such appeal motion may be made by any party affected by such report; and, upon notice thereof being served, all the proceedings which shall have taken place before the Master in the matter, and all papers and evidence relating thereto, shall, at the instance of any party interested therein, be handed by the Master to the Registrar, to be by him produced in Court upon the hearing of such motion. No state of facts, charge, discharge, account or affidaStates of facts vit in the Master's office, shall set out any decree, order, aud charges. Master's report, or other like document, or any part thereof, further than by stating the date of the same, nor shall it state any other state of facts, charge, discharge, account or affidavit, or any or either of them, or any part thereof further than as aforesaid; save that so much of any account brought into the Master's office may be incorporated in such charge as may be absolutely necessary for the proper stating of the said account; nor shall any state of facts, charge, discharge, account or affidavit, state any matter which may already appear by the pleadings or evidence, or otherwise in the cause, further than by referring thereto (if necessary) in such manner as may be requisite to explain other matter contained in such state of facts, charge, discharge, account or affidavit. Any matter set out in contravention of this order shall be deemed impertinence and dealt with according to Order XXX, save that the Master shall stand in the place of the Court. Provided that nothing herein shall prevent any charge or discharge from stating the gross amount appearing by the accounts, upon which the same shall be founded respectively, or the gross amount found due by any Master's report or other like document. The practice has been little, if in any respect, altered by the above Order (84). The accounting party will be compelled to bring in his accounts upon oath, and the claimant will then base his charge upon such information as the accounts may give him. And the accounting party may be put on proof of his discharge. The charge will not recapitulate the accounts on which the charging party relies, but will merely state shortly the result. Formerly the defendant often accounted fully in his answers. The Plaintiff could then base his charge on the schedules of the answer, but was not to set them out in full, but merely a short statement. The following are the previous rules concerning the practice in the Master's office : That all parties accounting before the Master shall bring in their accounts in the form of debtor and creditor: and any of the other parties, who shall not be satisfied with the accounts so brought in, shall be at liberty to examine the accounting party upon interrogatories as the Master shall direct. That, when by any decree or order of the Court, books, papers, or writings are directed to be produced before the Master for the purposes of such decrees or orders, it shall be in the discretion of the Master to determine what books, papers, or writings are to be produced, and when, and for how long, they are to be left in his office, or, in case he shall not deem it necessary that such books, papers, or writings should be left or deposited in his office, then he may give directions for the inspection thereof by the parties requiring the same at such time and in such manner as he shall deem expedient. That all accounts, when passed and settled by the Master, shall be entered in a Book to be kept for that purpose in the Master's office with indices in order to be referred to as occasion may require. That in all matters referred to him the Master shall be at liberty, upon the application of any party interested, to make a separate report or reports from time to time as to him shall seem expedient, the costs of such separate reports to be in the discretion of the Court. July 1837. XLV. Mode of bringing in and proceeding on ac counts. July 1837. Production and inspection of papers, &c. July 1837. Accounts to be entered in a book. July 1837. Separate Reports. July 1837. That, when a Master shall make a separate report of The Master the state of may certify debts or legacies, then the Master shall be at liberty to with respect to make such certificate as he thinks fit with respect to the state of the assets, and every person interested shall thereupon be at liberty to apply to the Court as he shall be advised. assets. January 1845. Charge and discharge. January 1845. Schedule of accounts. April 1843. Accounts to be taken without tions. The following Orders 160 and 161 are only in force so far as it does not contravene the above 85th New Order. The discharge and charge will be still in use; but the schedules to answers will seldom be available, in consequence of the defendant not being compellable to make full discovery in the answer. That the party, wishing to proceed with the reference, shall bring in his charge or at once file interrogatories for the examination of the accounting party, and thereupon bring in discharge; and the schedules to the answer shall be used to substantiate the charge in the same way that is now the practice with respect to the accounts brought into the Master's office in the shape of debtor and creditor, and the discharge shall be brought in, and shall be dealt with in the same manner as is now done in respect of the debtor and creditor's account brought into the Master's office. That, upon a reference to the Master to take accounts between parties in all cases where there have been schedules of the accounts by the accounting party annexed to the answer, there shall be no warrants taken out to bring in any accounts except such accounts as are subsequent to the time of the schedules annexed to the answer. That, in the taking of accounts in the Master's office, it shall be within the cognizance of the Master to take the specific direc- same according to the laws and practice of the Court of Chancery without any specific direction in the decree or order referring such accounts to the Master, and therein to take the same with rents, or otherwise to take account of rents and profits received, or that but for wilful neglect or default might have been received to set occupation rent to take into account necessary repairs and lasting improvements and expenses properly incurred otherwise, or claimed to be so, and generally in the taking of accounts to inquire and adjudge as to all matters relating thereto as fully as if the same had been specifically referred, subject nevertheless to the revision of the Court upon exceptions to the Master's report upon the matters aforesaid. Provided nevertheless that no claim for improvements shall be entertained in the Master's office, unless the party making such claim shall before the pleadings have made |