Vice-Chancellor, shall pay the sum of 107., unless the Court shall make other Order to the contrary." It is always advisable to have an office-copy affidavit of service of subpoena to hear judgment ready to read in Court, otherwise the plaintiff cannot have a decree nisi, nor the defendant have the bill dismissed with costs. HEARING. The cause is in its turn put into the paper of causes to be heard, viz. the paper of the day. This is done by the Registrar from his cause book on the day before the day of hearing. Twelve causes are generally put in the paper; but for hearings at the Rolls in the interval between the end of the term and the first seal, usually sixteen. One copy of the paper is fixed up in the Registrar's Office, and another in the Six Clerks' Office. Briefs of the pleadings and evidence should be ready to deliver to counsel, accompanied by such observations as the nature of the case may seem to require, for the purpose of drawing the attention of counsel to the several points meant to be insisted upon at the hearing; and care should be taken that a copy of the title of the cause and prayer of the bill is made to be handed up to the Court when the cause is called on for hearing. The cause being called on in its turn, as it stands in the paper, is usually opened or stated briefly to the Court by the junior counsel, after which the case is more fully gone into, and the points in issue explained by the plaintiff's leading or senior counsel, as far as he thinks fit, before the Court. Evidence is brought forward, if there be any, by reading the depositions of the plaintiff's witnesses, and such parts of the defendant's answer as are conceived to support the plaintiff's case may be read also; the whole generally by the solicitor; but in term time in Westminster Hall a Six Clerk attends for that purpose. When the plaintiff's leading and other counsel have finished their arguments, a similar course is taken on the part of the defendant, both in regard of evidence and the hearing of his counsel; after whom the leading counsel for the plaintiff is heard in reply, which concludes the hearing. The Court either then pronounces its decree or defers it to a future day, particularly in causes of importance and difficulty. Minutes of the Court's decisions or Orders are taken by the Registrar of the Court, and frequently by the solicitor for his own satisfaction, as well as by counsel. In cases where a cause is struck out of the paper, the plaintiff may by petition have the same restored to the paper of causes, but to be postponed till after all the causes then set down have been heard. DECREE. After the Court has pronounced judgment, the drawing up of the Decree is the next proceeding; for which purpose the solicitor of the party in whose favour the Decree was made, leaves at the seat, and with the Clerk of the Registrar who was in Court on the day of hearing, the brief of the leading counsel, and bespeaks the minutes, preparatory to the drawing up of the Decree itself. At this time, also, a deposit is made (say twenty shillings) towards the expense of drawing up the Decree. The like application for the minutes is also made by all the other parties in the cause, who may think proper to do so. The minutes, when obtained, are examined by the respective parties, to ascertain their correctness; and after the minutes are agreed upon and settled, they are again returned and left with the Registrar's Clerk at his desk, with such alterations (if any) as may be needful, to draw up the Decree; but where the parties cannot agree upon the minutes, it then becomes necessary to see the Registrar himself thereon. Having obtained the decree from the Registrar's clerk, the same must be examined and compared with the documents and papers, and the minutes as agreed upon, marking in pencil any remarks, or proposed alterations, that may be thought necessary to submit to the Registrar. In cases of importance, it is usual for the defendant's solicitor to bespeak a copy of the Decree, as drawn up and settled by the Registrar, to be ready by the time the Decree is passed, and which must be carefully examined therewith, and the Registrar will then mark the copy as examined, by putting his initials after the word "examined," at the foot thereof. When the Decree is ready, a day and hour is fixed with the Registrar, or his clerk, for passing it, and the other solicitors are then to be apprised by a note, which may be in the following form, when the Registrar will pass the decree. the A. v. B. The Registrar will pass this decree noon, (or, "at case may be). T. M. (Plaintiff's Solicitor.) (Date.) The parties having met, attend before the Registrar, and being all satisfied of the correctness of the Decree, the Registrar will pass the same by signing his initials at the foot of the Decree, in the left hand margin. This being done, and the office copies. examined and marked, the Decree is then to be left with that one of the entering clerks who sits in the division corresponding with the name of the cause, to be entered, who will inform the solicitor when he may have it away. The Decree being entered and so marked, may be then acted upon. See further, 1 Grant. REHEARINGS AND APPEALS. If either party in a cause thinks himself aggrieved by a decree, he may petition the Lord Chancellor for a rehearing, if the cause was heard before his Lordship; but if it was heard before the Master of the Rolls, or Vice Chancellor, then application may be either made to those respective Judges, by petition for a rehearing before them, or to the Chancellor, by petition of appeal. The petition, in either case, must be signed by two counsel, usually those in the cause, who certify that they are of opinion there is good cause for the petition, which is usually drawn by the junior counsel, on instructions, and the necessary papers left by the solicitor. It should state all special facts and circumstances, and the point upon which the cause is sought to be reheard. The parties desirous of rehearing a cause should immediately enter a caveat with the Secretary of Decrees, to prevent the Decree being inrolled. By Order 42 (Orders, April 1828,) "the deposit upon every petition of appeal or rehearing shall be increased to 201., to be paid to the adverse party when the Decree or Order appealed from is not varied in any material points, together with the further taxed costs occasioned by the appeal or rehearing, unless the Court shall otherwise order; This sum is to be deposited in the hands of the Registrar by any party appealing from a Decree, or after a hearing obtaining a rehearing of any cause, or a rehearing of any exception. REFERENCES. A Reference is an Order of the Court, whereby, as well before as after a Decree, divers matters, as bills, answers, examinations, and other proceedings, exceptions, accounts, and whatever the Court requires evidence or information upon to guide its ulterior decisions, are refered to a Master, to examine into and make his Report thereon, to the end that the Court may make an Order absolute, and determine such matters. (Harr. 472.) But an inquiry before the Master will not be directed at the hearing of the cause, unless the pleadings lay a ground for it.1 Mad. 414. Upon hearing causes, all matters of account and other matters (with some exceptions) are generally referred to a Master, with appropriate directions how to proceed thereon and in making his Report. Where a reference, ordered by the Court, occurs at a late period of the sittings after Trinity term, so as to be very near the commencement of the long vacation, and the subject is on any account pressing in point of time, the Court itself will sometimes, or otherwise at the instance of any party, direct that the reference shall be to the Vacation Master, viz. the Master appointed, as one always is, to remain in town and attend at his chambers for such occasion. REPORTS. A Report is a Master's certificate to the Court how the fact or matters referred to him by the Court are, or do, upon examination, appear unto him, or of something which it is his duty to inform the Court of. (Harr. 478.) Reports are either general Reports or separate Reports. When the Master has investigated the several matters referred to him by the Decree, he proceeds to make his general Report thereon. to the Court. But it is frequently inconvenient to some of the parties to wait until the general Report is ready (which is often unavoidably delayed) in cases where the Master's Report and the Court's directions are wanted upon some particular pressing matter in the suit, such as maintenance of infants, debts, &c., in which cases the Master has now, by the Orders |