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Master of the Rolls, and the Master's report, pursuant to such Order of reference, shall be excepted to, the exceptions thereto shall be heard before the Lord Chancellor or the Vice Chancellor and in all cases in which, according to the 12th preceding Order, interlocutory applications (other than applications for Orders of course) are directed to be made before the Master of the Rolls, if any Order nisi, upon which cause against making the Order absolute is to be shown to the Court, shall be obtained as of course from the Lord Chancellor or Vice Chancellor, such cause shall be shown before the Master of the Rolls; and if any Order of reference to the Master in Ordinary shall be obtained as of course from the Lord Chancellor or Vice Chancellor, and the Master's report, pursuant to such Order of reference, shall be excepted to, the exceptions thereto shall be heard before the Master of the Rolls.

And by Order 15, it is directed, That in the interval between the close of the sittings after any term, and the commencement of the sittings before or at the beginning of the next ensuing term, applications for special Orders may be made to any Judge of the Court in the same manner as if these Orders had not been made, but that the Orders which shall be made in any such interval by the Lord Chancellor, or by the Master of the Rolls, or by the Vice Chancellor, shall, if not made by the Judge to whom the application, if made during the ordinary sittings of the Court, would have been made pursuant to the directions contained in these Orders, be marked as having been made for such Judge, and shall in the future proceedings of the cause be deemed to be the Order of such Judge in all respects save this,-that no Order so made by one Judge for another, under the circumstances aforesaid, shall be reheard for the purpose of being discharged, or varied, otherwise than by the Lord Chancellor.

MOTIONS.

A motion is an application orc tenus by counsel to the Court for some specific Order, grounded upon the circumstances which form the subject of such application.

Motions are of two kinds: motions of course are made without notice of it required to be given to the opposite party, and special motions, which are only allowed to be made upon such notice previously given.

Motions of course are for such matters as by the rules of the Court are granted upon being asked for, and not allowed to be opposed. The manner of conducting a common motion of course is to give the junior counsel a short brief or motion paper, with the title of the cause, naming only (if a long title) the first of the plaintiffs, adding "and others." But in all cases the names of the parties applying must appear, when parties to the suit, in the title of the cause, in the inside of the motion paper; on the indorsement of it also the same must appear; and both are for the information of the Registrar in drawing up the Order. When the motion has been made, and the Order granted, the motion paper is to be received back from counsel signed by him, with the date, and taken to the seat of that Registrar who attended the Court in order to be drawn up, and when had away (if a one side Order only) a copy thereof should be made, and left at the seat of the proper entering clerk, who will mark the Order entered; and a copy thereof as entered must then be made and served on the Clerk in Court of the

opposite party. Motions of course are made on any day at the rising of the Court.

Special motions are those which, having for their object some application which by the rules of the Court the adverse party may oppose, can therefore only be made after notice in writing served upon that party, who has thereby an opportunity of ap

pearing and opposing it. These motions can only be made on the days exclusively appointed for them, viz. the general seal days before and after term; and by Order 22, of the Orders of April, 1828, it is required, "that notice of motion (and every every petition, notice of which is necessary,) shall be served at least two days before the hearing of such motion (or petition)."

The notice to be given must express shortly all the objects of the application, and signed with the solicitor's name, and a true copy thereof served upon the Clerk or Clerks in Court for the opposite party. An affidavit of the service, and in support of the application, verifying the material facts of the case, must be made and filed two days before the hearing, at the Affidavit Office in Symond's Inn, Chancery Lane, and office copies obtained to read on the hearing. The briefs to be delivered to counsel must accord with the nature of the application, and a copy of the notice should be annexed thereto, and the brief may be indorsed, "to move pursuant to the annexed notice of motion." When the Order has been made, the same must be drawn up as before stated. Formerly motions could only be made before the Lord Chancellor or Vice-Chancellor; but now, by the Chancery Regulation Act, 3 & 4 Will. 4, c. 94, s. 24, they may be made before the Master of the Rolls.

PETITIONS.

A petition is an application to the Lord Chancellor or Master of the Rolls, showing some matter or ground whereupon the petitioner prays a direction or order for the purpose of obtaining some permission or authority or other benefit.-Harr.

Petitions are either cause petitions, or petitions ex parte. The former are when the petitioner is a party to the suit to which the petition relates, or

derives a right or title from some such party. Petitions are either of course or special. Cause petitions of course are for those matters which in general may be also obtained by motions of course, for the ordinary purpose of forwarding a suit, and are generally presented at the Rolls. These petitions of course are very short, and to be fairly transcribed on brief paper book-ways, and if at the Rolls, to be left with the Secretary of the Master of the Rolls, at his office in the Rolls' Yard, who will draw up the Order thereon, and pass and enter the same, by virtue of Order 29 of the Orders of the 21st December, 1833. Having obtained the Order passed and entered, a copy thereof should be made and served on the Clerk in Court of the opposite party, in cases where service is necessary.

Special petitions may be presented either to the Lord Chancellor or Master of the Rolls, as the case may be, under the Orders of the 5th of May, 1837. The answer to them requires "the attendance of all parties on the matter of the petition on the next day of petitions," and notice to be given as above mentioned in case of petitions of course. When presented, a copy of the petition must accompany it for the Lord Chancellor's or his Honor's perusal and use in Court. An affidavit of service should be made and filed, and the petition must be supported by affidavits verifying the material facts; and to be filed two days at least before the day of hearing, and office copies thereof obtained. The brief should consist of a copy of the petition and affidavits, with any observations that may be thought necessary. When the petition has been heard, and Order made, the brief and petition are to be taken to the Register Office, and left with the clerk to that Registrar who was in Court, and who will prepare minutes of the Order for both parties, which minutes, when settled and agreed upon, are to be returned to the Registrar, who will then draw up and pass the Order, which must be afterwards left for entry, the petition having been previously filed in the Report Office, and

a copy of the Order duly passed and entered, served as above-mentioned, where service is required.

By the 44th Order of the 3rd of April, 1828, whenever a person, who is not a party, appears in any proceeding either before the Court or the Master, service upon the solicitor in London, by whom such party appears, whether such solicitor act as principal or agent, shall be deemed good service, except in matters of contempt requiring personal service.

to.

AFFIDAVITS.

An affidavit is a declaration upon oath before some person having authority to administer an oath. Affidavits in Chancery are used for certifying the service of process Orders or other interlocutory matters, incidental to the proceedings on a cause, for which purpose the affidavit is reduced into writing, and serves as a deposition to the fact therein stated and sworn An affidavit must be true in substance with all necessary circumstances of time, place, manner, and other material incidents, and it must also be sufficient to sustain the case made by the motion or petition of which it is the ground-work. Scandalous and irrelevant matter should be carefully avoided, otherwise it may be expunged by reference to the Master, and most probably at the costs of the party filing it, or of the solicitor who drew it. (Hind.) In all affidavits, the true place of residence, description, and addition of every person swearing the same, must be inserted. In ingrossing them for being sworn, erasures and interlineations should be avoided as much as possible. No erasure with a knife is allowed, only words struck out with a pen, and so as to be capable of being read, though thus altered.

In town, affidavits are sworn (when not in the Master's chambers in a matter depending before him) before the sitting Master in the Public Office, Southampton Buildings, Chancery Lane. If the

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