CHAPTER I.

Analysis of the Orders in Chancery of the 3d April, 1828; 23d November, 1831; 21st December, 1833; 5th May, 1837; 9th and 10th May, 1839; 3d April, 1841; 26th August, 1841, and 11th, 17th and 19th November, 1841, as to

ACCOUNTS.

All parties accounting before the Masters to bring in their accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the accounts so brought in, to be at liberty to examine the accounting party upon interrogatories, as the Master shall direct (a).— [1828, Order 61.]

All such accounts, when passed and settled by the Master, to be entered in a book to be kept for that purpose in the Master's office,

as is the practice with respect to receivers'

(a) Although this Order is imperative, yet a party, having acquiesced in the account being brought in according to the old form, cannot afterwards be permitted to turn round and insist that all the proceedings before the Master shall be set aside.-Weale v. Rice, M. R. Nov. 1834, Cooper, P. C. 438.

B

ACCOUNTS-continued.

accounts, and with proper indexes, in order to be referred to as occasion may require (a).— [1828, Order 62.]

As to preliminary accounts to be taken before the Master, see tit. "PRELIMINARY ACCOUNTS."

AFFIDAVITS.

At the time appointed for considering the decree, the Master to state whether the matters requiring evidence shall be proved by affidavits, or by examination of witnesses(b).— [1828, Order 51.] 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 [Ibid. Order 65]; but

(a) If copied into schedules annexed to the Master's report, such schedules are only to be charged at the rate of 6d. per folio.-Attor ney-General v. Lubbock, 1 Myl. & K. 264.

(b) If the Master does not decide at the time appointed for considering the decree to admit affidavits as evidence, he cannot afterwards receive them unless by consent.-Gibbs v. Payne, 4 Sim. 554.

Where witnesses have been examined viva voce in the Master's office, their affidavits cannot afterwards be read.-Hopkinson v. Roe, 1 Beav. 182.

An affidavit made in support of a state of facts may be referred for scandal, but not for impertinence, by a party who has filed in support of a counter state of facts an affidavit which appears to be an answer to the former.-In the matter of Burton, 1 Russ, 380.

Affidavits in the Master's office ought to be regularly filed like other affidavits.-Stubbs v. Sargon, 2 Beav. 496.

AFFIDAVITS-continued.

no affidavit in reply to be read upon any inquiry before the Master, except as to new matter, which may be stated in the affidavits in answer; nor any further affidavits unless specially required by the Master. - [1828, Order 66.]

ANNUITIES.

In all orders directing the payment of annuities, the time when the first of such payments, and when all subsequent periodical payments, whether quarterly, half-yearly, yearly, or otherwise, shall be made, to be cified and expressed in words at length.[1833, Order 28.]

ANSWER.

spe

Defendant not to be bound to answer any statement or charge in the bill, unless specially and particularly interrogated thereto, nor any interrogatories except those which he is required to answer (a); and where he shall answer any statement or charge to which he is not interrogated, only by stating his ignorance of the matter so stated or charged, such answer to be deemed impertinent.—[1841, Aug. 26th, Order 16.]

(a) This will materially shorten answers in most cases.—ED.

ANSWER-continued.

Defendant may by answer decline answering any interrogatory, or part of an interrogatory, from answering which he might have protected himself by demurrer, and this notwithstanding he answer other parts of the bill from which he might have protected himself by demurrer. [1841, August, Order 38.]

Dedimus for.

Defendant may, without order, sue out a dedimus to take his plea, answer, or demurrer (a) (not demurring alone) in the country, on giving two days' notice in writing to plaintiff's clerk in court to give commissioners' names, and in default thereof defendant may sue out the same, directed to his own commissioners; and in case of illness or infirmity, whereby a defendant resident not less than four miles from Lincoln's Inn Hall shall be rendered unable to travel or leave home, he shall, upon filing an affidavit thereof, after such notice as above, be entitled to such dedimus.-[1833, Dec. Order 9.]

Exceptions to.

In all cases, whether answer filed in term

(a) If the defendant demur to part of the bill, and answer the remainder, he must sue out a special dedimus.-Tomlinson v. Swinnerton, 1 K. 9.

But this will in many cases be rendered unnecessary by the 38th Order of Aug. 1841.—ED.