the conveyancing counsel of the Court; but (r. 8) any party may object to such opinion, and the Judge may decide thereon in Court or at Chambers. By O. Lv. 1a, it is provided that in any proceedings before the Judge in Chambers any party may, if he so desire, be represented by counsel.

By Jud. Act, 1873, s. 30, every order made by a Judge in Chambers (except orders by consent, or as to costs only, which by law are left to the discretion of the Court, see s. 49) may be set aside or discharged upon notice by any Divisional Court, or by the Judge in Court, according to the course and practice of the particular division, and no appeal shall lie from any such order, to set aside or discharge which no such motion has been made, unless by special leave of the Judge by whom such order was made, or of the Court of Appeal.

The time for moving to discharge an order made in Chambers is (subject to the discretion of the Judge) twenty-one days, by analogy to 0. LVIII. 15: see Re Hardwidge, 52 L. T. N.S. 40; Re Munns and Longden, 50 L. T. N.S. 356; Heatley v. Newton, 19 Ch. D. 326; Re Lewis, L. v. Williams, 31 Ch. Div. 623; 54 L. T. N.S. 198. And the rule is the same whether the order be final or interlocutory: Re Johnson, Manchester and Liverpool Banking Co. v. Beales, 42 Ch. D. 505.

As to appeals from orders made in Chambers, see Chap. XXXVI., "APPEALS.'

COSTS OF PROCEEDINGS IN CHAMBERS.

By O. LXV. 27 (12), costs of proceedings in Chambers on the higher scale may be allowed on account of the difficulty of the case, &c.

By r. 27 (13), parties may be made to pay costs caused by their own neglect or non-attendance, and are not to be allowed to charge such costs.

By r. 27 (16), no costs of counsel attending in Chambers are to be allowed, unless the Judge certifies it to be a proper case, and this rule has been held to apply to solr and client taxations in Q. B. D.: Re Chapman, 9 Q. B. D. 254 ; 10 Q. B. Div. 54.

Byr. 27(23), a party appearing upon any application in Court or at Chambers, in which he is not interested, or upon which, according to the practice of the Court, he ought not to attend, is not to be allowed the costs without express direction. Persons attending proceedings in Chambers under the common order without special leave may be ordered not only to bear their own costs, but to pay the extra costs occasioned by their unnecessary attendance: see Sharp v. Cash, 10 Ch. D. 468; Re Marshall, Bowyer v. M., W. N. (79) 12. By r. 27 (24), the costs of only one application for further time are to be allowed without special order.

As to costs of creditors establishing their debts in Chambers under any judgment or order, see O. LV. 58.

A claimant failing in Chambers to make out his claim may be ordered to pay costs: Re Knight, 57 L. T. N.S. 238; Hatch v. Searles, 2 S. & G. 157, L. JJ., 16 Nov. 1854, B. 106, though not applied for at the time: Yeomans v. Haynes, 24 Beav. 127; Colyer v. C., 10 W. R. 748.

As to costs of proceedings in Chambers generally, see Dan. 1167; Lister v. Bell, 5 Jur. N.S. 115; Halliley v. Henderson, 4 Jur. N.S. 202. By O. LXV. 20, 21, the chief clerk is, on the taxing master's request, to transmit to him any books, papers, or documents relating to the proceedings.

Mere liberty to attend proceedings in Chambers does not entitle the persons having such liberty to their costs of attendance as a matter of course; and to entitle them to such costs the order giving liberty to attend should make express provision to that effect: Day v. Batty, 21 Ch. D. 830.

Costs of action include the costs of properly working out the judgment: Krehl v. Park, 10 Ch. 334, sup. pp. 221-223.

SECTION III.-CERTIFICATE AND APPLICATIONS TO VARY SAME.

1. Order on Summons to vary Certificate heard in Chambers.

High Court, &c.

Mr. Justice X. &c. at Chambers.

[Date and Title.]

UPON the application of (the Plt, or Deft) A. to vary the chief clerk's certificate dated the day of, and upon hearing the solrs for the

applicant, and for &c., and upon reading &c., It is ordered &c.

2. The like Order—on Summons Adjourned to Court.

THE application of (the Plt, or Deft) A. to vary the chief clerk's certificate dated the day of, which upon hearing the solrs for the applicant, and for &c. in Chambers, was adjourned to be heard in Court, coming on (the day of and) this day to be heard accordingly, and upon hearing counsel for the said (Plt, or Deft) A. and for &c., and upon reading the judgment [or order] dated the - day of —, and the said certificate, This Court doth, &c.

If application refused, see p. 272.

3. Order on Motion to vary the Certificate.

UPON motion this day made unto this Court by &c., counsel for (the Plt, or Deft) A. to vary the chief clerk's certificate dated the

day of

and upon hearing counsel for (the Plt, or Deft) A., and for &c., and upon reading &c., This Court doth &c.

If application refused, see p. 272.

4. If Certificate is to be reviewed.

THIS Court doth order that the chief clerk's certificate, dated &c. [If as to part only, as to that part which is contained in the paragraph thereof, or, so far as it is thereby certified that &c.] be reviewed.— Wakefield v. Jones, V.-C. S., 14 Feb. 1857, B. 562; Willoughby v. Sanders, V.-C. K., 20 Dec. 1856; and see White v. Coram, 3 K. & J. 652.

5. Where Certificate varied without referring back to Chambers, or

Discharged-0. LV. 71.

THIS Court being of opinion that, &c., doth order that the chief clerk's said certificate be varied so far as the same certifies that &c., and that the said certificate, as varied, be as follows &c., or be discharged.

CHIEF CLERK'S CERTIFICATE.

For the form of the chief clerk's certificate, see R. S. C., Appx. L. Form No. 10.

By O. LV. 65, the result of the proceedings is to be stated in the shape of a certificate, which is to be signed by the chief clerk, and, unless an order to

discharge or vary is made, is to be deemed to be approved and adopted by the Juize.

By r. 69, any person may, before the proceedings before the chief clerk are concluded, take the opinion of the Judze.

By r. 70, the certiblate is to be tied at the Central Office, and shall thenceforth be binding on all parties to the proceedings, unless discharged or

varied.

By 0. Lv. 68, where an atcernt is directed, the certificate is to state the result, not set it out by schedule, but refer to the account verified by the affidavit fled, and specify by number any items disallowed or varied, and any additions by surcharge, an 1. if necessary, a fair transcript is to be made; the accounts and transcripts, if any, are to be filed with the certificate.

By r. 66, unless the circumstances require it, the judment or order, or any documents, or evidence, or reasons, are only to be referred to, and not set out.

If the Judge shall so direct, the certificate shall be prepared by the solr of one of the parties, who shall obtain an appointment to settle the certificate and give notice to the other parties: r. 66a.

The certificate is not an order for payment of money within the 1 & 2 V. c. 110, s. 13, so as to make a sum certified to be due carry interest: E. Mansfield v. Ogle, 4 D. & J. 38.

By 0. LXIII. 13, “any Judge of the Chancery Division whose Chambers may be open for business during any vacation, or any vacation Judge acting on his behalf, may issue summonses for the purpose of any proceeding before any other Judge of that division at Chambers after the vacation."

By r. 14, "in the interval between the close of any sittings and the commencement of the next sittings, the judgments or orders of any Judge may be prosecuted at the Chambers of any other Judge by his permission; and in case the prosecution thereof shall not be completed during such interval, the prosecution may be continued at the Chambers of the same Judge if and so far as he shall think fit."

By O. LV. 70, the time within which an application may be made by summons to discharge or vary any certificate is eight clear days after the filing of such certificate. But in the case of certificates to be acted on by the Paymaster, without further order, or certificates on passing receivers' accounts, the time limited is two clear days.

A party who has not taken out a summons to vary the certificate cannot dispute it: Smith v. Armstrong, 6 D. M. & G. 150; Jaquet v. J., 7 W. R. 543 ; Mackintosh v. G. W. Ry., 4 Giff. 683; 11 Jur. N.S. 681; Lambe v. Orton, 6 Jur. N.S. 61; 8 W. R. 111; even as to matters appearing on the record: Leigh v. Turner, 14 W. R. 361.

A motion for payment into Court of money found due by the certificate should not be made until the eight days have expired: Douthwaite v. Hensley, 18 Beav. 74; and motion for leave to receiver to distrain for rent fixed by the certificate was adjourned to come on with a summons to vary the finding: Craven v. Ingham, 58 L. T. N.S. 486; W. N. (88) 83.

By r. 71, if the special circumstances require it, a certificate may, upon an application by motion or summons, be discharged or varied at any time. By O. LV. 70, the certificate (with the accounts, if any, to be filed therewith) is to be transmitted by the chief clerk to the Central Office to be there filed.

Where the application to vary a certificate is by summons, which is the more usual way, it will be disposed of in Chambers or adjourned into Court, according to circumstances. If the cause is about to come on for further consideration, and the application to vary the certificate involves any point requiring to be argued by counsel, the summons is usually adjourned into Court to come on with the cause: see Mackintosh v. G. W. Ry., 4 Giff. 683; Cooper v. Everett, 2 W. R. 388; Hudson v. Carmichael, 18 Jur. 851. It is set down in the cause book upon a note from the chief clerk for that purpose, and is placed in the paper for hearing with the cause. Notice of the summons having been so set down must be given by the solr of the applicant to the solrs of the other parties. If the cause is not about to come on for further consideration, the application by summons to vary the certificate will either be disposed of by the Judge in Chambers, or if any of the parties desire to have it argued in Court, the summons will be adjourned

into Court without discussion, and placed in the paper for hearing by the registrar on a note from the chief clerk. An application to vary the chief clerk's certificate cannot be made on the hearing on further consideration unless a summons has been taken out for that purpose: Re Dove, Bousfield v. Dove, 27 Ch. D. 687.

An irregularity in the certificate may be waived by attending to settle it with knowledge of the irregularity: Buckeridge v. Whalley, 23 W. R. 224. Where a certificate has been discharged for irregularity, a summons to proceed must be taken out on the original judgment and not on the order discharging the certificate: Cross v. Maltby, 8 W. R. 646.

Where by a slip the cause was set down on further consideration without a summons to vary the certificate being taken out, notice of motion was allowed to be given after the time: Ashton v. Wood, 8 D. M. & G. 698.

In the winding-up of a co. the certificate found a large sum due to certain policy-holders; and a summons to vary the certificate, though not taken out till six months afterwards, when a call was about to be made, was allowed to be heard: In re Arthur Average Association, 10 Ch. 545, 562.

As to proceedings to vary chief clerk's certificate, see Dan. 1147-1153. The physical act of varying the chief clerk's certificate by striking out and altering portions of the original will not be ordered: Fox v. Bearblock (2), 30 W. R. 119, 342.

Upon a summons to vary, the Court will regard only the evidence entered in the certificate as that upon which the finding is based; but where the finding was not warranted by the evidence, and further evidence was adduced, the Court dealt with the matter on the whole evidence instead of sending it back to Chambers: Re Miller, Chapman v. M., 58 L. J. Ch. 728; 60 L. T. N.S. 634.

CHAPTER XIX.

SALES BY THE COURT.

SECTION I.-PROCEEDINGS UP TO CERTIFICATE.

1. Order for Sale of Unincumbered Estate.

LET a sufficient part of the hereditaments comprised in the indenture dated &c., in the pleadings [or chief clerk's certificate &c.] mentioned [or of the real estate of A. deceased, the testator, or intestate, in the pleadings, or summons, named; or of the testator's, or intestate's, real estate in the chief clerk's certificate mentioned] to make good the deficiency of his personal estate, or, if necessary, the whole thereof, be sold with the approbation of the Judge; And Let the money to arise by such sale be paid into Court to the credit of this action &c., to an account to be intituled "Proceeds of sale of [testator's, or intestate's] real estate," subject to further order.

As to raising separate accounts of the sale proceeds, and for leave to apply at Chambers for their distribution, see Chap. XLIV., “ADMINISTRATION. The sale, unless directed to be made out of Court, should be directed to be made "with the approbation of the Judge": 0. LI. 3; Nash v. Worcester Impt. Commrs., 1 Jur. N.S. 973; and see Re Adam's Estate, 27 W. R. 110. For orders for sale free from or subject to incumbrances, see Chap. XLIV., "ADMINISTRATION."

2. Leave to bid.

LET the Plt [or Deft, or any of the parties not having the conduct of the sale] be at liberty to bid for and become the purchaser at the sale of the estates directed to be sold by the judgment [or order] dated the day of, or of any part thereof.

-

For an order allowing a Deft to be the purchaser, notwithstanding he had not obtained leave to bid, see Heath v. Barlow, V.-C. H. at Chambers, 10 Jan. 1878, A. 45.

3. Sale out of Court-O. LI. 1A.

UPON the application of the Plt, and upon hearing the solrs for the Plt, and for the Defts, and upon reading the judgment, dated &c.; And the Judge being satisfied by the evidence aforesaid that all persons interested in the estate to be sold are before the Court, or are bound by the said judgment, doth order that the estate in the pleadings