Office copies only can be read. Affidavits in the Master's office. plaintiff having obtained an ex parte injunction, the defendant filed his answer, and served a notice of motion to dissolve the injunction; exceptions were taken to the answer, to which the defendant submitted, and then filed a further answer; between the filing of the exceptions and the putting in of the further answer, the plaintiff filed affidavits in support of the injunction: the defendant then moved to dissolve, on the notice served prior to putting in his further answer, and it was held that the affidavits so filed by the plaintiff might be read on the hearing of the motion. (Smith v. Cleasby, 10 Sim. 91). Where a motion to dissolve an injunction is ordered to stand over at the plaintiff's request, affidavits filed after ten o'clock of the day for which the notice was given, cannot be read when the motion is made. (Anon., 10 Sim. 50). In a recent case a special injunction was dissolved, with costs, office copies of the affidavits in support of it not having been obtained when it was moved for. (Jackson v. Cassidy, 10 Sim. 326). Upon proceedings before the Master under a reference, affidavits cannot be used in support of a statement of facts brought in, unless by consent, subject to the qualification of this rule by the 65th L. & B., "That all affidavits which have been previously made ' and read in Court, upon any proceedings in a cause or matter, may be used before the Master;" and subject also to this exception, that where the order of reference was obtained on affidavits, then the Master may proceed on affidavits. Where, upon an inquiry before the Master, affidavits are received, 6 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 affidavit be read unless specially required by the Master. (L. & B. 66). A party having answered an affidavit, cannot afterwards refer it, except for scandal. Affidavits are written book-wise on paper, continuously, there being no paragraphs, and the words and figures being written at length. No erasures are allowed, and interlineations must be marked with the initials of the Master or other person before whom the affidavit is sworn. If taken within twenty miles of London, the affidavit must be sworn before one of the Masters in Ordinary at the Public Office, Southampton Buildings; if taken at a distance of twenty miles or upwards, then before a Master Extraordinary. Affidavits sworn before a Master in Chancery in Ireland, or a Baron of the Exchequer in Scotland, will be read; but where taken before a justice of the peace in Scotland, or other official person abroad, proof of the handwriting of the person taking the affidavit, and that he held the situation he professes to do in the affidavit, is necessary. Affidavits ought not to be taken before the solicitor in the cause; if so taken, however, it seems, notwithstanding what was said in Re Hagan, (3 Atk. 812), that they may be read. CHAPTER XXV. ORDER. 1. Special, 172. 2. Drawing up, 173. 3. Service of the Order, 175. 4. Stop Order, 176. 6. Enforcing, 177. 7. Distinction between Interlocutory and Decretal Orders, 177. 5. Making Order Nisi absolute, 177. SECTION 1. THE order which the Court makes is said to be a common or special order, according as the motion or petition on which it is made is of course or special. Orders, also, are either absolute in the first instance; or only nisi, as an order nisi to dissolve an injunction, an order nisi to confirm the Master's Report. By the 5th Order of 9th May, 1839, it is ordered, "That whenever any order of course obtained from the Master of the Rolls in any cause marked for ' or set down to be heard before the Lord Chancellor pursuant to the General Order of the 5th day of May, 1837, shall be alleged to have been irregularly obtained, any application to discharge the same for irregularity shall in the first instance be 'made to the Master of the Rolls, and such cause ' and all other applications to be made therein shall ' nevertheless continue subject to all the regulations ' of the said General Order as if this Order had not 'been made." SECTION 2. Drawing up. AFTER an order has been obtained, it is drawn up by the Registrar who attended in Court when it was made. If it be a common order on motion, the motion paper is taken to the Register Office, and left with the clerk of the register who was in Court when the order was made, to draw up. When drawn, if found on perusal by the solicitor to be correct, it is immediately returned to the clerk to pass, which he does by signing the initials of the Registrar's name in the margin. When thus passed, it is entered in the same office by one of the clerks of entries, according to the letters of the alphabet painted on the pillars, and corresponding with the names of the plaintiff in the cause. If the order be a "one-side order," that is, so short as to be comprised on one side of paper, a copy is first to be made of it, and the order is to be entered from that copy; which when made is, with the original, given to the entering clerk, who thereupon writes his initials on the original, and returns it and keeps the copy to enter the order from. If the order run longer than a oneside order, then the order itself is to be left with the clerk of the entries to be entered. For the mode of obtaining orders on petitions of course, see 29th B. When the order is special, the brief of counsel is to be taken to the desk of the Registrar who was in Court, and left with the clerk there to draw up the order from. The first step is to bespeak of the clerk the minutes. These, when obtained, are examined by the solicitor on whose behalf they are prepared, with a view to seeing whether they want any and what alterations. This being done, the next thing is to settle the minutes. If there be no other parties to consult, this is done with the Registrar; or with his clerk, if the order be very simple. If there be other parties, the solicitor drawing up the order, having first made an appointment with the Registrar, sends a note to each of the other solicitors, apprising them that the Registrar will settle the minutes at such a day and hour. The objections which any party may have to the minutes are then discussed. The minutes being settled to the satisfaction of all the parties, they are then left with the Registrar to draw up the order. The solicitor having examined the order, and having satisfied himself of its accuracy, another appointment is then made with the Registrar for passing it, of which notice must be given to the other solicitors. The parties having satisfied themselves of its correctness, and signified their assent thereto, the Registrar then signs his initials at the foot of the order, on the left hand margin, which is called passing it. The order, being then passed, is to be left with one of the clerks of entries to be entered, that is, copied verbatim into the Registrar's book, after which he writes the word "entered" at the foot of the order, to authenticate the fact of the order having been duly entered in the records of the office. The order is then perfect, and may be acted upon. By a mistake in the Registrar's office, an order made on an undertaking to speed, was erroneously drawn up. The order was discharged, with costs of |