It appears that the duty of keeping the requisite papers ready for the prosecution of the cause in the Judges' chambers falls upon the solicitor of the party prosecuting the cause or matter. The affidavits are filed at the Record and Writ Clerks' Office.

With respect to the hearing of the claims, the 38th and following Orders direct that

"If on the day appointed for hearing the claims there are any not then disposed of, an adjournment day for hearing such claims is to be fixed; and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed, and directions may be given as to the mode in which such evidence is to be adduced."

66

Any claimant who has not before entered his claim may be heard on such adjournment day, provided he enters his claim and files his affidavit four clear days prior to such day, and no certificate of debts or claims shall in the mean time have been made."

"Creditors claiming debts not exceeding 5l. need not attend on the day of hearing, unless required to do so by notice from some party."

The result of this Order is, that all debts under 51. will be allowed unless express notice is given to the claimants of the intention to dispute them. The party prosecuting the suit or matter must therefore examine all the debts of this description, and determine whether notice of objection should be given. A fee for this investigation is provided for.

By the 41st of the same Orders, "After the time fixed by the advertisement, no claims are to be received except as before provided in case of an adjournment, unless the Judge at chambers shall think fit to give special leave, upon application made by summons, and then upon such terms and conditions as to costs and otherwise as the Judge shall think fit."

This Order renders it most expedient that every person having a claim should bring it in before the time fixed by the advertisement. He cannot calculate on an adjournment until the 39th Order, and if he delays till after the time limited he will have to pay the costs caused by his delay.

By the 42d of the same Orders, "A list of all claims allowed shall, when required by the Judge, be made out and left in the Judge's chambers by the party prosecuting the order."

As the onus of making out this list is to fall entirely upon the

party prosecuting the order, it need scarcely be stated that the solicitor must be very particular at the hearing of every claim to indorse on the claim how it is dealt with, and to be sure that his indorsément is identical in effect with the minute made by the Judge's clerk.

Before leaving this subject it will be convenient for the practitioner to set out the forms that are actually now in practice in They are as follows:-

making out the lists.

NOTE. The names are to be inserted alphabetically.

Where the debt does not carry interest, but interest is allowed under the 10th General Order of 16th October, 1852, it is to be stated as in the first Example above. If the debt carries interest, the rate and time from which it is computed is to be stated, as in the second Example.

As in all cases the interest is computed to the date of the certificate this need not be stated.

When there are both specialty and simple contract debts, separate lists are to be prepared.

NOTE. - Where the interest is to be computed from the end of one year after testator's death it is to be stated as in the first Example above. If otherwise, the time from which it is payable is to be stated. As in all cases interest is computed to the date of the certificate, this need not be stated.

NOTE.

The arrears to be explained as in the second Example, if due from any other period than that of testator's death.

NOTE.

- The names of the creditors to be stated in same order as in the certificate

from which they are taken.

The computation of interest upon debts and legacies is another material portion of the duty of the chief clerk in chambers, under a decree for the administration of the estate of a deceased person.

This duty was formerly specially directed by the decree, but it is now provided for by General Orders.

The 10th Order of 16th October, 1852, directs, that "Where an order is made directing an account of the debts of a deceased person, unless otherwise ordered, interest is to be computed on such debts as to such of them as carry interest after the rate they respectively carry, and as to all others after the rate of four per cent per annum, from the date of the order."

With respect to specialty debts no question can in general arise; the rate of interest will generally appear on the instrument by which they are created.

It would appear, however, that with respect to bond debts interest cannot usually be calculated beyond the amount of the penalty.1

With respect to judgment debts, the 1 & 2 Vict. c. 110, s. 17, enacts, that "Every judgment debt shall carry interest at the rate of four per cent from the time of entering up the judgment, or from the time of the commencement of the Act (in cases of judgments then entered up and not carrying interest), until the same shall be satisfied."

With respect to legacies, the 11th Order of 16th October, 1852, directs, that "Where an order is made directing an account of legacies, unless otherwise ordered, interest is to be computed on such legacies after the rate of four per cent per annum, from the end of one year after the deceased's death, unless any other time of payment or rate of interest is directed by the will, and in that case according to the will."

With respect to the costs of persons coming in to establish their claims under a decree, the general rule is, that next of kin going in to prove their right pay the expenses of so doing; but that if, after having established their claims, they are permitted to mix in the cause as if they had been parties, then in respect of such proceedings they may be entitled to their costs 2; but with respect to creditors, the 47th Order of August, 1841, amended by 6th Order, April, 1842, and 12th Order, October, 1842, directs, "That a creditor, who has come in and established his debt before a Master, under a decree or order in a suit, shall be entitled to the costs of so establishing his debt, and the sum to be allowed for such costs shall be fixed by the Master without taxation at the time the Master allows the debt of such creditors, unless the Master shall think that such costs ought to be taxed in the regular mode, and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established."

In addition to this Order, the 55th Order of 16th October, 1852, directs, that "Parties attending any proceeding in chambers, without having previously obtained the leave of the Judge to allow the same, are not to be allowed any costs of such attendance unless by special order of the Court." We have seen, that the

1 Crosse v. Bedingfield, 12 Sim. 35; but see Jeud wine v. Agate, 3 Sim. 129. Waite v. Waite, Mad. & Geld. 110; Harvey v. Harvey, ibid. 91; Watkins v. Maule, Jac. 107.