Page images

Meinertzhagen v. Davis 95 Platel v. Morley
Mendizabel v. Hullett 19 Plunket v. Penson
Merry, in re

240 Poole v. Gordon Milbank v. Stevens .. 20, 72, 82 v. Marsh Milburn v. Lister

125 Pope v. Gwynne Miller v. Horton

222 Powel v. Robins Milligan v. Mitchell..

23 Prendergast v. Eyre. Monck v. Tankerville

48 Price v. Carver.. Morris v. Smith

140 v. Dewhurst Mortimer v. Frazer


v. Swan Mountford v. Couper.

42 Prickett, Ex parte

Prideaux, in re..

Prytharch v. Haward

Pugh v. Pugh


30 .222, 223

8 63 229 228 238 227 240 246 270 235 251 139

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Padmore v. Bodfield.... 28
Page v. Adam

224 Sanderson v. Walker.... 91 Parker v. Burney 246 Sandys v. Long...

53 v. Lloyd

114 Sawyer v. Birchmore 53 Partington v. Bailie

32 St. Antholine, re Trustees, Peace v. Hodgson.


257 Peacock v. Sievier 29, 32 Saxby v. Saxby...

67 Pearse v. Brook..

40 Scholefield v. Heafield, 229, 231 Penny v. Pretor.. 231 Seddon v. Evans

21 Perry v. Walker 6 Semple v. Price

23 Pesbeller v. Hammelt 21 Senior v. Wilkes

39 Phelps o. Sproule..

35 Shirk, Ex parte ..

..245, 255 Piggott v. Garraway. 85 Shirley v. Ferrers, Earl of.. 77 in re....

Sim, v. Naylor...

236 Pitman v. Lockyer 150 Slatter v. Slatter

27 Plaskett v. Beeby.. 226 Smethurst v. Longworth .. 230

. . . . . . . . . .

..... 271

v. Swift


Page Smith v. Evans... 21 Walmesley v. Froud

32 v. Hammond.

53 Warburton v. London and v. Oliver .. 28, 30, 110 Blackwall Railway Com. 62 v. Webster.

...71, 82

Ward v. Fitzhugh... 50 Smyth, Ex parte

30 Snow v. Hole 108 Wardle v. Claxton

62 Spencer v. Boys 227 Warren, Ex parte...

275 Starkie, in re...

274 Waterton v. Croft .11, 62 Stonard, Ex parte. 277 Watkins v. Parker

146 Strother v. Dutton 95 Watts v. Scrivens..

239 Strickland v. Strickland 31 Weale v. Rice

1 Stubbs v. Sargon 2 Webber v. Bolitho

32 Swan, Ex parte.

246 Wedderburn v. Wedderburn 41 Welch, in re...!

236 Welford v. Daniel..

145 T. Whalley v. Pepper

27 Wharton v. Swann

24 Tarleton v. Dyer 22 Wheat v. Graham...

7 Tate, in re.. 241 White v. Rigg

97 Taylor v. Bailey

v. Smith

v. Harrison
6 Whitehead v. North

...58, 76 v. Salmon....

140, 142
Whittley, Ex parte

255 Tench v. Cheese

Whition, Ex parte

242 Thompson v. Byron


v. Peacock Tomlinson v. Swinnerton 4, 62 Wilkins v. Stevens .... Traile v. Bull 33 Willats v. Busby

108 Trotter v. Trotter

.79, 116
Williams, in re....

243 Turner v. Hitchon.

v. Janaway

30, 44
v. Turner

136 v. M.Donnell, 30, 43

v. Parkinson, 142, 145 U.

v. Townshend


Willoughby Charity, in re . 101 Uvedale v. Uvedale.... 227 Wilson, in re..

265 v. Wilson..

102 Winter, Ex parte

243 V.

v. Innes


Woodroffe v. Daniel ..22, 24 Vent v. Pacey

v. Titterton

74 Woods v. Woods

Woodward v. Twinaine 16
Woollams v. Baker

132 Wright v. Castle

102 Wagstaff v. Bryant

-0. Green

139 Walker, in re

Wyatt v. Sadler....



50 .39, 40

v. Jones



Analysis of the Orders in Chancery of the 3d

April, 1828; 230 November, 1831; 21st December, 1833; 5th May, 1837; 9th and 10th May, 1839; 3d April, 1841; 26th August, 1841, and

Ilth, 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.-Weule v. Rice, M.R. Nov. 1834, Cooper, P.C. 438.



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.”


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(6). — [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.

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