1. As to guardianship of infants, except the appointment of guardian ad litem. 2. For the appointment of special guardian to concur in a special case. 3. As to maintenance or advancement of infants. 4. Under the Drainage Acts. 5. Under the Trustee Acts of 1850 and 1852. 6. For the administration of estates under the Act of 15 and 16 Vict. c. 86. 7. Under the Legacy Duty Act for the payment of money out of Court. 8. For time to plead, answer or demur. 9. For leave to amend bills or claims. 10. For enlarging publication. 13. As to matters connected with the management of property. 14. As to matters connected with the payment into Court of purchasers' moneys under sales by order of the Court, and investing the same. It appears, also, that applications under 15 & 16 Vict. c. 86, s. 57, for allowances out of income pendente lite may be made in chambers.1 Under the Act for the abolition of the office of Master the juris diction of the Judge at chambers is the same as in open Court, and to prevent all doubt we have seen, that, by 18 & 19 Vict. c. 134, this power is extended to orders to be made under Acts of Parliament, so that there can be no doubt of the validity of orders made on all the subjects above mentioned in chambers. We have seen, that in cases requiring the exercise of much dis cretion on the part of the Judge, the application may be adjourned from chambers and heard in open Court.3 It will be convenient in the next place to consider in what manner proceedings are conducted in chambers; and on this subject it may be remarked, that some proceedings originate in chambers, and others commencing in open Court are subsequently 1 Knight v. Knight, 16 Beav. 359. * Subject, however, to a General Order issuing upon the subject. referred to chambers. It will be found, that there are some orders applicable exclusively to proceedings originating in chambers, but in general the practice is the same. By sect. 28 of 15 & 16 Vict. c. 80, "The mode of proceeding before the Master of the Rolls and Vice-Chancellors respectively shall be by summons, and as near as may be according to the form now adopted by the Judges of the Superior Courts of Common Law when sitting at chambers." By the 1st Order of 16th October, 1852, the following form of summons may be adopted for the purpose of proceedings, "whether originating in chambers or not, with such variations as the circumstances of the case may require : In Chancery. In the matter of John Thomas, an infant, or Joseph Wilson Let all parties concerned attend at my chambers in the Rolls Yard, Chancery Lane, Middlesex, (or at No. ——, Lincoln's Inn, Middlesex,) on the day of at o'clock in the noon, on the hearing of an application on the part of [here state on whose behalf the application is made, and the precise object of the application.] Dated this day of John Romilly, Master of the Rolls, [or Richard T. Kindersley, Vice-Chancellor.] This summons was taken out by A. and B., of Lincoln's Inn, in the county of Middlesex, solicitors for To. The following note is to be added to the original summons when proceedings originate in chambers; and when the time is altered by indorsement, the indorsement to be referred to as below: NOTE.If you do not attend, either in person or by your solicitor, at the time and place above mentioned [or at the place above mentioned, at the time mentioned in the indorsement thereon] such order will be made and proceedings taken as the Judge may think just and expedient. It will be recollected, that, under the 30th section, the chief 1 Ante, p. 1332. clerk has power to issue summonses for parties or witnesses to attend and be examined before him. The following is the form of summons given by the Orders of October, 1852, for this purpose: In Chancery. In the matter of the estate of John Thomas, late of the county of, deceased, or No. Joseph Wilson in The defendant William Jackson [or A. B., of &c.] is hereby summoned to attend at the chambers of the Master of the Rolls [or Vice-Chancellor], in the Rolls Yard, Chancery Lane, [or Square, Lincoln's Inn, Middlesex,] on the day noon, to be examined [or to be examined as a witness] on the part of the, for the purpose of the proceedings directed by the Master of the Rolls [or the said Vice-Chancellor] to be taken before me. of at of the clock in the Dated this day of 1852. A. B., Chief Clerk. The summons was taken out by A. and B., of Lincoln's Inn, in the county of Middlesex, solicitors for . It will be recollected that, under the 45th sect. of 15 & 16 Vict. c. 86, a power is given to creditors' legatees and next of kin to proceed at once without bill filed for a summons upon the personal representative of the deceased person, in whose estate they are interested, and that, by the 47th section, a similar power is given in the case of real estate, which is by devise vested in trustees, who are authorized by the Act to sell the same, and to give receipts for the rents and profits, and for the produce of the sale.1 A form of summons for a person proceeding in this form is given in the Orders of the 7th August, 1852. In Chancery. In the matter of the estate of John Thomas, late of the parish of H., in the county of M., deceased. Joseph Wilson against William Jackson. 1 See Acaster v. Anderson, 19 Beav. 161; Ashley v. Sewell, 3 De Gex, M. & G. 933, as to the circumstances under which such a summons will be granted. Upon the application of Joseph Wilson, of Russell Square, in the county of Middlesex, Esq., who claims to be a creditor upon the estate of the above-named John Thomas, Esq., William Jackson, the executor of the said John Thomas, attend at my chambers, in the Rolls Yard, Chancery Lane, Middlesex, [or at No. -, Square, Lincoln's Inn, Middlesex,] on the day of at of the clock in the afternoon, and show cause, if he can, why an order for the administration of the personal estate of the said John Thomas by the High Court of Chancery should not be granted. Dated this day of 1852. John Romilly, Master of the Rolls, [or NOTE. If the above-named William Jackson does not attend This summons was taken out by A. and B., of Lincoln's Inn, in the county of Middlesex, solicitors for the above-named Joseph Wilson. One or other of the foregoing forms of summons, " or with such variations as the circumstances of the case may require" will be found applicable to all cases in which such a document is required. The 3d Order of October, 1852, then provides, that "A seal is forthwith to be prepared for the chambers of the Master of the Rolls and each of the Vice-Chancellors, and summonses are to be prepared by the parties and sealed by one of the clerks at the chambers of the Judge from whose chambers they are issued, and a copy of such summons is to be left at the Judge's chambers by the party obtaining such summons." Moreover, with respect to proceedings originating in chambers the 4th Order directs, that "In cases of application under 15 & 16 Vict. c. 86, s. 45, applications for guardianship and maintenance of infants originating-in chambers (and of all other applications originating in chambers) a duplicate of the summons is to be filed in the Record and Writ Office, and in cases where service is required the copies served are to be stamped in the manner prescribed by sect. 46 of 15 & 16 Vict. c. 86." 1 Order 1 of 16th October, 1852. The 46th section here referred to is as follows: "A duplicate or copy of such summons shall, previously to the service thereof, be filed in the Record Office of the said Court; and no service thereof upon any executors or administrators shall be of any validity unless the copy so served shall be stamped with a stamp of such office, indicating the filing thereof, and the filing of such summons shall have the same effect with respect to lis pendens as the filing of a bill or claim." - By the 21st of the same Orders "At the time any summons or appointment is obtained an entry thereof is to be made in a book, called The Summons or Appointment Book,' stating the date on which the summons is issued or appointment made, the name of the cause and matter, and by what party, and shortly for what purpose such summons or affidavit is obtained and at what time returnable." The foregoing regulations provide for everything connected with the preparation of the summons. With respect to the service of the summons The 5th Order of 16th October, 1852, provides, that "In cases where proceedings originate in chambers the original summons is to be served seven clear days before the return thereof. All other summonses not being summonses referred to in Order 21 are to be served two clear days before the return thereof." And by the 6th Order, "In cases where proceedings originate in chambers, and where from any cause the summons may not have been served upon any party seven clear days before the return thereof, an indorsement may be made upon the summons, and upon a copy thereof stamped for service, appointing a new time for the parties not before served to attend at the chambers of the Judge, and such indorsements are to be sealed at the Judges' chambers, and the service of the copy so indorsed and sealed is to have the same force and effect as the service of an original summons; and where any party has been served before such indorsement the hearing thereof may, upon the return of the summons, be adjourned to the new time so appointed." No precise directions with respect to the service of a summons are given. Consequently, it may be well inferred, that, with respect to proceedings originating in chambers, when persons are 1 The summons here referred to is that to be issued by the chief clerk for the examination of parties. |