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As to parties accounting before, see tit. « Accounts.”
As to regulations concerning receivers, see tit. “ RECEIVER.”
Not to receive further evidence as to any matter depending before him, after issuing the warrant 'on preparing his report; but not to issue such warrant without previously requiring the parties to show cause why such warrant should not issue.—[1828, Order 67.) And no warrant to review any proceeding to 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 to be in the discretion of the Master, and paid as he shall direct.-[Ibid. Order 68.]
Empowered to examine any witness viva voce; and in such case, on a note from the Master, the subpoena for the attendance of the witness to be issued from the subpæna office;
hands of his clerk in court various deeds, documents, and writings, the Court, on motion, ordered them to be left in the Master's office. Quære, whether the clerk in court would be justified in complying with a direction of the Master for the purpose ?—Glover v. Williams, Cooper, P. C. 438.
The Court will not order documents produced under a bill of discovery to be produced on a trial at law, but leaves parties to make the best use of the discovery they can.—Brown v. Thornton, 1 Myl. & Cr. 249, sed q. Crowley v. Perkins, 5 Sim. 552.
and the evidence on such vivâ voce examination to be taken down by the Master, or by the Master's clerk in his presence, and preserved in the Master's office, in order that the same may be used by the Court if necessary (a).-[1828, Order 69.]
May make separate reports. See tit. “ REPORTS.”
May examine any creditor or other person coming in to claim before him either upon written interrogatories, or viva voce, or in both modes; the evidence upon such examination being taken down at the time by him, or his clerk in his presence, and preserved, in order that the same may be used by the Court if necessary.—[Ibid. Order 72.]
Any party wishing to complain of any matter introduced into any state of facts, affi
(a) The discretion given to the Master by this Order to examine witnesses vivá voce, cannot be exercised after issuing the warrant on preparing his report.- Trotter v. Trotter, 5 Sim. 383.
But where a matter is referred back to the Master, he is at liberty, without special order, to receive further evidence thereon.-Cottrell v. Watkins, 1 Beav. 366.
The examination of witnesses viva voce under this Order may be the subject of exception; but the Court will not interfere with the Master's judgment in the conduct of inquiries before him, unless upon his report or certificate regularly brought before the Court by exception.– Maddeford v. Aus ick, Law Jour. Rep. (N. S.) v. 10,
davit, or other proceeding before the Master, on the ground that it is scandalous or impertinent, or that any examination taken in the Master's office is insufficient, may, without any order of reference by the Court, take out a warrant for the Master to examine such matter, and the Master may expunge any such matter which he shall find to be scandalous or impertinent.—[1828, Order 73.]
In deciding on the sufficiency or insufficiency of any answer or examination, to take into consideration the relevancy or materiality of the statement or question referred to.[Ibid. Order 74.]
May order estates or other property directed to be sold before him to be sold in the country, and at such place and by such person as he shall think fit, if he shall think it for the benefit of the parties interested.—[Ibid. Order 75.]
To tax costs and settle conveyance in case the parties differ as to mode of proceeding, for which see tit. “ Costs, Taxation of,” and “ CONVEYANCE.”—[Ibid. Order 76.]
Whenever the same solicitor is employed for two or more parties, the Master may, at his discretion, require that any of the said parties shall be represented before him by a
distinct solicitor, and may refuse to proceed until such party is so represented.—[1828, Order 77.]
All references to a Master to be made to the Master in rotation, unless there has been a previous reference in the cause or matter, and then to the Master to whom the last reference was made (a).-[1833, Orders 15 and 16.] And for the purpose of ascertaining the Master in rotation, one of the six clerks shall give to the solicitor of the plaintiff or defendant, requiring the same, a certificate of the bill filed, which certificate shall, on the same or the following day, be marked by the Master of the day at the public office with the name of the Master in rotation for such cause ;
and such certificate so marked (having first been produced to the said Master in rotation, who shall cause a minute thereof to be taken) shall on the same day be returned to the six clerk, and filed by him ; and he shall add the name of such Master to the original entry of the cause in the six clerk's book, and
(a) Where a decree in a cause, in which previous references have been made, directs a reference to the Master in rotation, the decree will be carried to the Master to whom the previous references were made.- Attorney-General v. Shore, 6 Sim. 460.
Where a reference has been made to the Vacation Master, the cause is excepted from the operation of this Order.- Kelsey v. Larken; 4 Jur. 363.
shall also cause the name of the cause and of such Master to be entered in a book to be kept by the six clerks for that purpose in the Six Clerks' Office, which shall be open to inspection at all times during office hours without fee.-[1833, Order 17.]
To hear and determine all applications for time to plead, answer, or demur, and for leave to amend bills, and for enlarging publication, and all such other matters relating to the conduct of suits, in such manner and under such rules as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and Vice Chancellor, or one of them, shall by any General Order or Orders direct; and either party may appeal by motion from the order made on such application to the Lord Chancellor, Master of the Rolls, or Vice Chancellor, but the order made upon such appeal to be final, and no such application to be heard by any of the judges of the Court of Chancery except on appeal. (3 & 4 Will. 4, c. 94, ss. 13 & 14) (a).
All special applications for leave to withdraw replication, as well as to amend bill, to be heard and determined by the Master in
(a) Whether the Masters on application under this statute have power to dispense with the strict observance of the General Orders seems at present doubtful.-See Milbanke v. Stevens, 8 Sim. 160; and Smith v. Webster, 3 Myl. & Cr. 244; and d. p. 71, ante.