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SECTION VII.
RE-EXAMINATION OF WITNESSES, 970.`
In what cases permitted, 970, 971.
After publication, 971, 973.
Before publication, 973, 974.
SECTION VIII. EXAMINATION OF WITNESSES AFTER PUBLICATION, 975.
In what cases granted, 975.
To discredit a former witness, 976.
Never allowed as to competency of witness, 980.
CHAPTER XXII.
OF SETTING DOWN THE CAUSE FOR HEARING.
Before what Court, 982.
Within what time, 982, 983.
Certificate that the cause is ready for hearing, 984.
CHAPTER XXIII.
OF THE SUBPOENA TO HEAR JUDGMENT.
Suing out the writ, 985.
Form of the writ, 986.
Service of, 987.
Affidavit of service, 988.
CHAPTER XXIV.
OF HEARING CAUSES.
Of advancing causes, 990.
As short causes, 990.
Of setting down causes as consent causes, 990.
Adjournment of causes, 993.
Proceeding where defendant does not appear, 995.
Where plaintiff does not appear, 995.
Where all parties appear, 996.
Of reading pleadings and depositions, 997.
Of hearing cause on bill and answer, 998.
Costs of causes standing over, 999.
CHAPTER XXV.
OF DECREES.
SECTION I. GENERAL NATURE OF DECREES, 1000.
Interlocutory decrees, 1000.
Preliminary inquiries, 1004.
Decretal orders, 1007.
Final decrees, 1009.
Dismissal of bill, 1010.
Without prejudice to a new bill, 1011.
With liberty to bring action, 1012.
Further order to dismiss, 1013.
Reservation of liberty to apply, 1014.
Decrees which require a final order, 1015.
SECTION II. OF THE FORM OF DECREES, 1019.
Recitals, dates, parties' names, &c., 1019, 1020.
Recitals of pleading and evidence, 1020.
Form of ordering part, 1023.
SECTION III. OF DRAWING UP, PASSING, AND ENTERING DECREES, 1024.
Form of minutes, how rectified, 1025.
Drawing up and passing the decree, 1026.
Of entering the decree, 1026.
When decree intended to operate as a judgment at law, 1028.
SECTION VI. EFFECT OF STATUTE 1 & 2 VICT. c. 110, 1045.
Effect of decrees under the old law, 1045.
under the statute 1 & 2 Vict. c. 110, 1047.
Fieri facias, 1049.
Effect upon real estates, 1050.
upon stock in the funds, &c., 1052.
SECTION VII. OF ENFORCING THE EXECUTION OF DECREES, 1054.
Under statute 1 & 2 Vict. c. 110, and Orders of 1839, 1054, 1055.
By writ under the New Orders, 1056.
By ordinary process of contempt, 1057, 1058.
Attachment, 1060.
Order for Sergeant-at-arms, 1061.
Sequestration, 1061, 1062.
Form of the writ, 1064.
How executed, 1066.
What things sequestrators may sieze, 1067.
Effect of sequestration upon lands, 1070.
Duty of sequestrators, 1071.
Examination pro interesse suo, 1037.
Practice upon, 1076.
Effect of abatement on sequestration, 1077.
Sequestrators, how made to account, 1079.
Execution of deeds, &c., how enforced, 1081.
By writ of assistance, 1082.
Against peers, &c., 1083.
CHAPTER XXVI.
PROCEEDINGS UNDER DECREES AND ORDERS.
SECTION I. FEIGNED ISSUES, 1085.
In what cases directed, 1086.
How heir-at-law forfeits his right to an issue, 1089.
Form of, 1096, 1097, 1099.
Production of documents upon trials, 1097.
How drawn and settled, 1099.
SECTION III. PROCEEDINGS UNDER DECREES FOR A PARTITION, 1121.
By commission, 1124.
Return of Commissioners, 1125.
Form of commission, 1124.
Proceedings of Commissioners, 1126, 1127 et seq.
Rule with regard to title-deeds, 1135.
SECTION IV. PROCEEDINGS Under Decrees TO SETTLE BOUNDARIES, 1137.
Commission, 1137.
Costs, 1138.
SECTION V. PROCEEDINGS UNDER DECREES TO ASSIGN DOWER, 1139.
Costs, 1141.
SECTION VI. PROCEEDINGS IN THE MASTER'S OFFICE, 1141.
Master in rotation, 1142.
Not to be withdrawn from Master to whom first referred, 1142.
Conduct of the cause, 1143.
Of Master's warrants, 1144.
Parties entitled to attend, 1149.
Production of documents, 1153.
How enforced, 1154, 1157.
Examination of parties, 1160 et seq. and notes.
Exceptions to certificate allowing interrogatory, 1163.
Scandal and impertinence in examination, 1170.
Exceptions to Master's certificate of sufficiency, 1171.
Evidence before the Master, 1175.
Depositions in other causes, 1177.
Rule as to affidavits, 1178.
Witnesses previously examined, 1179.
Examination of parties as witnesses, 1183.
Interrogatories before the Master, 1184.
Examination by commission, 1190.
State of facts, 1193.
Of scandal and impertinence in the proceedings, 1195.
Inquiries as to heirs at law, next of kin, creditors, &c., 1197.
Contribution to costs by creditors, &c., 1204.
Claims of next of kin, creditors, &c., how brought in, 1205.
Mode of proving claims, 1206.
Costs of creditors and legatees, 1209.
Inquiries as to legacies and annuities, 1210.
As to facts, 1211.
As to titles, 1211.
Accounts in suits for redemption of mortgaged premises, 1235.
As to the rents and profits, 1236.
As to repairs, lasting improvements, &c., 1239.
Compensation to mortgagee for his trouble, &c., 1245.
As to the mode of stating such accounts, 1246.
Effect of Master's report upon mortgagee's account of rents, profits, &c.,
1246.
Partnership accounts, 1247.
Of making rests, 1249.
Surcharging and falsifying, 1251, 692, 693.
Computation of interest, 1251.
On debts by simple contract, 1255.
Subsequent interest, 1259.
Compound interest, 1259.
Settlement of deeds, 1261.
Where parties differ, 1261.
Appointment of new trustees, 1263.
Sales of property, 1264.
Reserved bidding, 1265.
Advertisements, 1267.
Sale in London, 1268.
Sale in the country, 1269.
Deposit, 1270.
Method of completing, 1271, 1272.
Motion that purchaser may pay in purchase-money, 1274.
Method of enforcing the contract, 1279.
Of rescinding the contract, 1283.
Opening biddings, 1284.
Sales by private contract, 1292.
SECTION VII. MASTER'S REPORT, 1294.
Difference between reports and certificates, 1294.
Separate report, 1295.
General report, form of, 1296.
Liberty to state special circumstances, 1301.
Reference to evidence, 1302 and notes.
Draft report, 1303.
Objections to draft reports, 1305.
Filing and confirmation of report, 1306.
What reports require confirmation, 1307.
Exceptions to the report, 1312.
Review of report, 1325.
Amendment of report, 1327.
Compensation of Master, how fixed in U. States Courts, 1306 in note.
CHAPTER XXVII.
PROCEEDINGS IN THE JUDGES' CHAMBERS.
Cases under the Winding-up Act, 1329.
Abolition of Master's Offices, 1329.
Power of the Judge in chambers, 1330.
Powers of chief clerks, 1332.
What business in chambers, 1332, 1333.
How proceedings originate in chambers, 1334 et seq.
Forms of summonses, 1336.
Service of summons, 1338.
Hearing, 1340.
Evidence in chambers, 1340.
Mode of taking accounts, 1342.
Accounts of personal estate, 1343, 1346.
Accounts of real estate, 1347.
Form of reports and certificates, 1351.
Signing reports by the Judge, 1354, 1355.
Mode of preparing advertisements, 1356.
Claims, how entered, 1358.
Hearing of claims in chambers, 1359.
Computation of interest on debts, 1362.
Costs of parties before Judge in chambers, 1363.
SECTION II. SALE OF ESTATES, 1364.
Sale when directed by the Court, 1364.
How conducted, 1366.
Reference to conveyancing counsel, 1366.
SECTION III. PRODUCTION OF DOCUMENTS, 1372.
General principles as to, 1372.