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PROCEEDINGS IN THE MASTER'S
OFFICE.

The first step to be taken in the Master's Office under a Decree, is to furnish him with a copy of the Decree or Order under which the particular proceeding to take place before the Master arises; or if it be a Decree or Order comprising more than the immediate subject of reference, then a copy of only so much of the ordering part as relates to the particular matter; which copy is to be preceded by an exact copy of the title of the cause. The copy is made thus: -the title of the cause is first copied, verbatim, in the inner or half margin of brief paper, book-ways; then in the outer or quarter margin commence with the word whereupon," omitting the statement of the hearing of the parties, but add, &c., instead of such statement, and then in the words of the Decree or Order, "It is ordered," or "this Court doth order," as the case may be, to the end of the Order, verbatim. The copy so made is then taken to the Master's Office and there left; the Master's clerk will examine it by the original with the solicitor, and grant him a warrant "to consider the Decree," which should be served on the Clerk in Court of the opposite party.

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By the 48th of the Orders of April, 1828, it is directed" that every Master shall enter in a book, to be kept by him, the name or title of every cause or matter referred to him, and the time when the Decree or Order is brought into his office, and the date and description of every subsequent step taken before him in the same cause or matter, and the attendance or non-attendance of the several parties on each of such steps."

And the 50th Order directs, "that upon the bringing in of every Decree or Order, the solicitor bringing in the same shall take out a warrant appointing a time, which is to be settled by the Master, for the

purpose of the Master taking into consideration the matter of the said Decree or Order, and shall serve the same upon the Clerks in Court of the respective parties, or their solicitors, in cases where they shall have no Clerks in Court."

And by Order 59, every warrant is to be peremptory, that is, that the party may proceed on it, without taking out any other, in case the opposite party do not obey it, for only the second or third warrant was deemed peremptory before this Order.

A warrant, when so taken out, is to be underwritten at the foot or corner of it; the occasion or purpose for which it is taken out must be shortly stated. Thus, in the instance of the above Decree or Order, it would be "At which time the Master will take into consideration the matter of this Decree."

It is proper here to remark, that the Decree or Order is seldom taken into the Master's Office alone, but accompanied with some document or paper to be proceeded upon under the Decree or Order. But when papers are left, the opposite party must take copies, and then the warrant on leaving must be underwritten, "On leaving, &c." describing the documents. This warrant on leaving is notice to the adverse party to take a copy. A correct copy of the warrant so underwritten must then be delivered to the opposite party's Clerk in Court, at his seat in the Six Clerks' Office, or to his clerk or agent there, and he transmits it to the solicitor. All warrants should be served two days before the day of attendance; but a warrant for a Monday's attendance must be served on the preceding Friday. When a warrant is served the clerk or person serving it should make a memorandum of service upon the original he keeps, in case it should at any time thereafter be necessary to swear to such service.

The 51st Order of April, 1828, directs "That at the time appointed for considering the matter of the said Decree or Order, the Master shall proceed to regulate, as far as may be, the manner of its execu

tion, as for example, to state what parties are entitled to attend future proceedings, to direct the necessary advertisements, and to point out which of the several proceedings may be going on pari passu, and as to what particular matters or interrogatories for the examination of parties appear to be necessary; and whether the matters requiring evidence shall be proved by affidavit, or by examination of witnesses; and in the latter case, if necessary, to issue his certificate for a commission; and if the Master shall think it expedient so to do, he shall fix a certain time within which the parties are to take any certain proceeding before him."

And by Order 52 it is directed, "That upon any subsequent attendance before him, in the same cause or matter, the Master, if he thinks it expedient so to do, shall fix a certain time or certain times within which the parties are to take any other proceeding or proceedings before him."

In cases where subsequent warrants are taken out to proceed upon any matter, the papers relating to which have been already left, and the warrant on leaving duly served, such warrant should be underwritten, "To proceed on &c.," (describing the subject of the reference). But by Order 53 it is directed, "That where some, or one, but not all the parties, do attend the Master at an appointed time, whether the same is fixed by the Master personally, or upon a warrant, there the Master shall be at liberty to proceed ex parte, if he thinks it expedient, considering the nature of the case, so to do." And by Order 54 it is directed, "That where the Master shall proceed ex parte, such proceeding shall not in any manner be reviewed in the Master's Office, unless a special application is made to him for that purpose, by a party who was absent, who shall be satisfied that he was not guilty of wilful delay or negligence, and then only upon payment of all costs occasioned by his non-attendance; such costs to be certified by the Master at the time, and paid by the

party, or his solicitor, before he shall be permitted to proceed on the warrant to review."

But by Order 55, "Where a proceeding fails by reason of the non-attendance of any party or parties, and the Master does not think it expedient to proceed ex parte, there the Master shall be at liberty to certify what amount of costs, if any, he thinks it reasonable to be paid to the party or parties attending, by the absent party or parties, or by his or their solicitor or solicitors, or Clerk or Clerks in Court personally, as the Master in his discretion shall think fit; and upon motion or petition without notice, the Court will make an Order for payment of such costs accordingly."

Where the party, by Order 56," Actually prosecuting a Decree or Order, does not proceed before the Master with due diligence, there the Master shall be at liberty, upon the application of any other party interested, either as a party to the suit, or as one who has come in and established his claim before the Master, under the Decree or Order, to commit to him the prosecution of the said Decree or Order, and from thenceforth neither the party making default, nor his solicitor, shall be at liberty to attend the Master as the prosecutor of the said Decree or Order."

And by the 58th Order, "The Master is to be at liberty, without Order, (that is, without the party's application, as formerly, to the Court for an express Order, enabling the Master) to proceed in all matters de die in diem, at his discretion."

And by Order 59 it is directed, "That every warrant for attendance before the Master, shall be considered as peremptory, and the Master shall be at liberty to continue the attendance beyond the hour, and during such time as he thinks proper, and shall be empowered to increase the fee for the solicitor's attendance, in proportion to the time actually occupied; and in case the Master shall not be attended by the solicitor, or a competent person

on behalf of the solicitor of any party, the Master shall, in such case, disallow the usual fee for the solicitor's attendance; taking care, either in allowing an increased fee, or disallowing the usual fee, to mark his determination in his attendance book, and also on the warrant for attendance."

And by Order 65, "All affidavits which have been previously made, and read in Court upon any proceeding in a cause or matter, may be used before the Master." And depositions in a former cause between the same parties, if offered in evidence to the Master, may be received by him, if he thinks them evidence.-3 Atk. 523.

And by Order 66, "Where upon inquiry before the Master affidavits are received, there no affidavit in reply shall be read, except as to new matter which may be stated in the affidavits in answer; nor shall any further affidavits be read, unless specially required by the Master."

And by Order 67, "The Master shall not receive further evidence as to any matter depending before him, after issuing the warrant, on preparing his Report; but that he shall not issue such warrant without previously requiring the parties to show cause why such warrant should not issue."

And by Order 68, "No warrant to review any proceeding in the Master's Office shall be allowed to be taken out, except by permission of the Master, upon special grounds to be shown to him for that purpose, and the costs of such review, when allowed, shall be in the discretion of the Master, and shall be paid by and to such persons, and at such time as he shall direct."

And by Order 69, "The Master shall have power, at his discretion, to examine any witnesses viva voce; and in such case the subpoena for the attendance of the witnesses shall, upon a note from the Master, be issued from the Subpoena Office; and that the evidence upon such vivá voce examination shall be taken down by the Master, or by the Master's clerk,