ASSISTANCE OF EXPERTS.

The Judge in Chambers may, in such way as he thinks fit, obtain the assistance of accountants, merchants, engineers, actuaries, and other scientific.persons the better to enable any matter at once to be determined, and he may act upon the certificate of any such persons: r. 19, in substitution for 15 & 16 V. c. 80, s. 42. For instances, see A. G. v. Chambers, 4 D. & J, 58; Case v. Metropolitan Rail. Co., 27 Beav. 427.

The report of such an expert was merely to inform the Court, and evidence in opposition could be received: Ford v. Tynte, 2 D. J. & S. 127; Morris v. Llanelly Rail. Co., W. N. (68) 46; and the chief clerk could not refer the whole case to an accountant and adopt his report as part of the certificate: Hill v. King, 3 D. J. & S. 418.

Though the provision in the repealed Act giving this power to the Court as well as the Judge has not been repeated, the Court still directs experts to inquire and report to it, and the report is filed and entered in the order: Charlton Chalk, Land, and Ballast Co., Limited v. Fuller, M. R., 18 June, 1877; but such an order can apparently be made only by consent. The expert has often been treated as a special referee, and so described in the order appointing him: Bond v. Tone, 8 Feb. 1884 (G. L. Reg. fo. 131). But (notwithstanding the suggestion of Fry, L. J., in the case of Lady Wenlock v. River Dee, 19 Q. B. Div. 159) semble, this is not correct, as the procedure laid down in the rules applying to the report of a special referee is not applicable when a report from an expert is required to assist the Court in arriving at a decision based on other evidence besides the report.

In Bendelow v. Wortley Union, 15 Nov. 1887, Stirling, J., considered that it was not proper to describe an expert so nominated as a special referee, and it was not necessary to draw up the order directing him to report. The report was filed and entered in the order as "The report of S. F. M., the person nominated by consent of the Plts and Defts to inquire and report whether, by reason of the situation of the place called 'The Hirst,' and now used as a small-pox hospital, or the management thereof or otherwise, there is danger created to the Plts, or any of them, which report is filed at the Central Office." See form of order, inf. p. 521.

And now, as to referring questions to official or special referees, see Arbitration Act, 1889 (52 & 53 V. c. 49), and O. xxxvi. 43—55, and inf., Chap. XXVI., "ARBITRATIONS."

SUMMONSES IN CHAMBERS.

By O. LV. 20, an originating summons is prepared by the applicant or his solr, and sealed in the Central Office, and when sealed is deemed to be issued. A copy of the summons, properly stamped, is to be left at the Central Office to be filed: O. LV. 20. For form of originating summons, see R. S. C., Appx. L., Form 25.

By r. 21, the day and hour for attendance under an originating summons are left blank and added after the sealing thereof when the day and hour have been fixed at Chambers, and the summons is then sealed with the seal in use there.

As to an originating summons under the Jud. Acts being an "action," v. sup. pp. 3, 7.

If the summons is not served in time a new time is fixed: see O. LV. 22. By r. 23, parties served with an originating summons are to enter appearances in the Central Office and to give notice thereof.

The third party procedure under 0. XVI. 48-55, is not applicable to proceedings by originating summons: Re Wilson, A. G. v. Woodall, 45 Ch. D. 266.

As to making application by motion, in lieu of summons, to Judge who does not sit in Chambers, see Snow v. Bolton, 17 Ch. D. 433.

SECTION II.-PROCEEDINGS UNDER JUDGMENT OR ORDER.

1. Service of Notice of Judgment abroad.

UPON the application of the Plt, and upon hearing the solrs for the Plt, and it appearing by the affidavit &c. that B., who is required to be served with notice &c. [Form 1], is resident at - in the United States of America, and upon reading the said judgment and affidavit, It is ordered that the Plt be at liberty to serve notice of the said judgment upon the said B. in the United States of America, and that the time to be specified in the indorsement on such notice within which the said B. may apply to this Court to add to or vary the said judgment is to be (two calendar months) after such service; And it is ordered that a copy of this order be served with the said notice.Re Bailey, Bailey v. B., V.-C. M. at Chambers, 16 Jan. 1877, A. 50.

2. Service on Infants and other Persons abroad of Notarial
Translation of Notice of Judgment.

UPON the application of the Plt, and it appearing by the affidavit &c. that F. and A., who are respectively required to be served with the notice of the judgment pursuant to O. xvi. 40, are respectively infants, and are residing at &c., in Paris, in the Republic of France, and that R. and E. his wife, who are also required to be served with notice of the said judgment pursuant to the said rule, are residing at &c., in Paris aforesaid; and upon reading the said judgment, dated &c., and an affidavit of &c., filed &c., It is ordered that a notarial translation of notice of the said judgment, and of this order, into the French language be served upon the said F. and A., the infants, by serving the same upon R. their father, at &c. or elsewhere in Paris aforesaid, and upon the said R. and E. at &c. or elsewhere in Paris aforesaid, and that the time to be indorsed on such notices within which the said F., A., R., and E., may apply to this Court to add to or vary the said judgment, is to be (six weeks) after service of the said notice.Ayrton v. Badger, V.-C. M. at Chambers, 21 June, 1876, A. 93.

This order is usually made at Chambers; for the practice thereon, see O. XVI. 40-44.

For order dispensing with service of notice of decree, under Cons. Ord. 35, r. 18, now O. LV. 35, see Gavin v. Osborne, V.-C. S., 25 Nov. 1858, A. 247. No order is necessary to serve this notice, except where the party is out of the jurisdiction. An order will be made extending the time specified in the notice: Hasluck v. H., V.-C. W. at Chambers, 9th June, 1863, A. 1084; and see Maybery v. Brooking, 7 D. M. & G. 673.

3. Leave to attend Proceedings under Judgment or Order—

O. xvi. 47.

UPON the application of &c., and it being alleged that the said applicant is a claimant upon [or interested in] the estate of B., the testator [or intestate] in the pleadings named, and that the Plts on the

obtained a judgment [or order] for the admon of the estate of the said testator [or intestate], that the said A. hath not been served with a copy of the said judgment [or order], and is desirous of having liberty to attend the proceedings under the same, and upon reading the said judgment [or order], It is ordered that the said A. be at liberty to attend the proceedings under the said judgment [or order], dated &c.

4. Classification Order-O. Lv. 40.

UPON the application of the Plt, and upon hearing the solrs for the Plt, and for the Defts, and for C., D., and E., who have been served with notice of the judgment, and have entered appearances, and upon reading the judgment [or order] dated &c., It is ordered that, for the purposes of the proceedings in Chambers, except proceedings in reference to the accounts of the said A., Mr. X. be nominated to represent the class of [describe the class].

5. Another Form.

UPON the application of &c., Let, for the purposes of the future proceedings in this action before the Judge in Chambers under the judgment dated &c., Mr. P. be nominated, in pursuance of O. LV. 40, to represent the following persons who are residuary legatees under the will of D., that is to say &c.-Re Docwra, D. v. Faith, V.-C. B. at Chambers, 17 July, 1884, A. 1468.

This order was altered and framed as it now stands by the Court of Appeal.

6. Conduct of Action given to Plt in a prior Action.

UPON the application of L., the Plt in the first above-mentioned action, and upon hearing &c., and upon reading &c., It is ordered that the conduct of the secondly mentioned action be committed to the said L.-Costs of application to be included in costs of the second action. As to the conduct of admon proceedings, see Chap. XLIV., (6 ADMINISTRA

TION."

7. Service of Notice of Judgment on Infants or Persons of Unsound Mind-O. XVI. 40.

UPON the application of the Plt, and upon hearing the solr for the applicant, and it being alleged that A., B., and C., who are respectively required to be served with notice of the judgment [or order], dated &c., pursuant to r. 40 of O. xvI., are respectively infants [or persons of unsound mind not so found by inquisition], as by the affidavit &c. appears; And upon reading the said judgment [or order] and affidavit, It is ordered, that notice of the said judgment [or order] be served upon the said A., and that a copy of this order be also served with each of the said notices.

This notice is to be served in the same manner as a writ of summons in an action: O. XVI. 44.

8. Order to bring in Accounts and Answers to Inquiries within a Time Limited.

UPON the application of (the Plt) A., and upon hearing the solr for the applicant, and for (the Deft) B., and upon reading the judgment [or order], dated &c., It is ordered that the said (Deft) B. do within days after service of this order [or on or before &c., or subsequently, within days after service of this order], leave in the Chambers of Mr. Justice N., situate &c., the following accounts and statements, duly verified by affidavit, that is to say &c. [state them from the judgment or order].

For such orders, see Russell v. R., M. R. at Chambers, 3 Dec. 1853, B. 172; Price v. P., M. R. at Chambers, Aug. 1853, B. 1241; Reece v. Grimley, M. R., 5 June, 1854. For like order to leave further account, Paterson v. P., M. R., 2 Dec. 1861, B. 2307.

NOTES.

By O. xvI. 40, "wherever, in any action for the admon of the estate of a deceased person, or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or an order has been pronounced or made

(a) Under O. XV. ;

(b) Under O. XXXIII. ;

(c) Affecting the rights or interests of persons not parties to the action; the Court or a Judge may direct that any persons interested in the estate or under the trust or in the hereditaments, shall be served with notice of the judgment or order; and after such notice such person shall be bound by the proceedings, in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may, within one month after such service, apply to the Court or Judge to discharge, vary, or add to the judgment or order."

By r. 4, "it shall not be necessary for any person served with notice of any judgment or order to obtain an order for liberty to attend the proceedings under such judgment or order, but such person shall be at liberty to attend the proceedings upon entering an appearance in the Central Office in the same manner, and subject to the same provisions, as a Deft entering an appearance."

And as to leave to attend admon proceedings, see inf. Chap. XLIV., MINISTRATION."

"AD

Where notice was served by Plts on a person not affected by the judgment, he was held right in appearing, and Pits paid all costs in Court below and Court of Appeal: Re Symons, Betts v. B., 54 L. T. N.S. 501.

CONDUCT OF PROCEEDINGS.

By O. XVI. 49, the Judge may give the conduct of the action or proceeding to such person as he may think fit.

As to the conduct of proceedings in admon actions, v. inf. Chap. XLIV., "ADMINISTRATION;" and in the case of concurrent actions, inf. Chap. XXXIV., "TRANSFER AND CONSOLIDATION."

Where the conduct is taken away from one party and given to another, the former will not be allowed costs of proceedings taken subsequent to the date of the order, but before it is drawn up: Re Minter, Slater v. Callaway, W. N. (81) 31.

SUMMONS TO PROCEED.

By O. LV. 32, every judgment or order directing accounts or inquiries to be taken or made is to be brought into Chambers by the party entitled to

prosecute the same within ten days after the same shall have been passed and entered, and in default thereof any other party to the cause or matter shall be at liberty to bring in the same, and such party shall have the prosecution of such judgment or order unless the Judge shall otherwise direct.

Upon the judgment or order being left, a summons to proceed (r. 33) is to be issued, and upon its return the Judge, if satisfied by proper evidence that all necessary parties have been served, will give directions as to the manner of prosecuting the accounts and inquiries, the evidence to be adduced, the parties who are to attend, and the time within which each proceeding is to be taken, and will from time to time give any further necessary directions. Where the judgment or order directs a deed to be settled, the party entitled to prepare the draft deed is, on the return of the summons to proceed, directed to deliver a copy of the draft to the party entitled to object thereto, who is to deliver his objections, if any, within eight days, for which period the proceeding is adjourned: r. 34.

By r. 35, the Judge may dispense with service of notice of the judgment or order, or may direct substituted service.

If all necessary parties are not parties to the action, advertisements for creditors may be issued, but no proceeding is to be taken until all necessary parties are bound: r. 36.

The chief clerk may decide all questions necessary under the inquiry: Wadham v. Rigg, 2 Dr. & S. 78.

PROCEDURE ON SUMMONS IN CHAMBERS.

By O. XXXVIII. 1, the evidence on any summons may be given by affidavit, subject to the deponents being ordered to be cross-examined on the application of either party; and as to giving evidence, see O. XXXVII. 28, and O. XXXVIII. 20, 21.

By O. XXXIII. 7, any directions for accounts or inquiries are to be numbered as in R. S. C., App. L., Form 28. The object of this order is that the answers in the chief clerk's certificate may be numbered to correspond. And so directions for sale of estates ought to be numbered, but other directions ought not. By O. XXXIII. 8, in taking any account directed, all just allowances are to be made, without any direction for that purpose in the judgment or order.

It is not usual to send to Chambers an inquiry merely involving a point of law: Sladen v. Whitting, V.-C. W., 26 April, 1860, Reg. Min.; but see Prichard v. Norris, 10 Ha. lii.; Duffield v. Denny, 1 W. R. 74; and mixed questions of law and fact are often so sent.

By O. XXXIII. 2, the Court or a Judge may, at any stage of the proceedings, direct any necessary inquiries or accounts to be made or taken.

By O. LV. 40, the Judge may direct classes of persons to be represented by one solr whom he may nominate. And by r. 41, may require any parties to be represented by distinct solrs. By O. XXXIII. 9, in case of delay, the Judge may give directions for the better prosecution of the proceedings by the official solr.

By O. LV. 37, the ordinary course of proceeding is to be as in Court on motions. Copies, abstracts, or extracts of or from accounts, deeds, or other documents and pedigrees, &c., are to be supplied for the use of the Judge and chief clerk, and, where so directed, copies are to be handed to the other parties, but no copies are to be made where the originals can be brought in, without special directions.

O. XXXVIII. 20, 21, relate to notice of using affidavits, and O. XXXVII. 28, relates to compelling witnesses to attend.

By O. xxxIII. 4, accounts are to be verified by affidavit, and the items on each side of the account to be numbered, and the account referred to as an exhibit.

By O. XXXIII. 5, notice of surcharging is to be given.

O. LV. 45-59, provide for advertisements, and the mode of making and disposing of claims.

Under O. LV. 73, notes are to be kept of all proceedings in Chambers; and by O. XXXVIII. 11, any scandalous matter contained in any affidavit may be struck out by the Judge with costs as between solr and client.

By O. LI. 7, the Judge at Chambers may receive and act on the opinion of