application of any other party interested, either as a party to the suit, or as one who has come in and established his claim under the judgment or order, to commit to him the prosecution of the reference; and from thenceforth neither the party making default nor his solicitor is to be at liberty to attend the Master as the prosecutor of the judgment or order. O.R., 50.

case of undue

42. Where there is undue delay in prosecuting a reference Master may in the office of a Master, he may issue his warrant to the close reference in solicitors or parties interested, which may be transmitted by delay. post, calling upon them to show cause why the reference should not be duly proceeded with. In default of sufficient cause being shewn to excuse the delay, or upon default being made in attending upon the return of the warrant, the Master is to certify to the Court the circumstances of the case; and thereupon the reference in his office is to be deemed closed, and is not to be resumed until further order. O.R., 51.

proceeded with

ordered.

43. Unless the Master in his discretion thinks fit to post- Reference to be pone the same, every reference is to be called on and pro- de die in diem ceeded with at the day and time fixed; and so de die in diem, unless otherwise without interruption, and without a fresh warrant, unless he is of opinion that an adjournment other than de die in diem would be proper and conducive to the ends of justice; and Noting adjourn when an adjournment is ordered, the Master is to note in his ments. book the time and reason thereof. O.R., 52

t be unneces

44. In no case is any matter to be discontinued or adjourn- References not ed for the mere purpose of proceeding with any other matter, unless that course becomes necessary. O.R., 53.

sarily adjourned to take up other

cases.

consider.

45. Upon the bringing in of a judgment or order, the solici- Warrant to tor bringing in the same is to take out a warrant (unless the Master dispenses therewith) appointing a time, which is to be settled by the Master, for the purpose of taking into consideration the matter referred by the judgment or order, and is to serve the same upon the parties or their solicitors, unless the Master dispenses therewith. O.R., 54.

upon return to warrant.

46. Upon the return of the warrant to consider, or upon the Proceedings bringing in of the reference, where the warrant is dispensed with, the Master is to fix a time at which to proceed to the hearing and determining of the reference, and is to regulate in all other respects the manner of proceeding with the reference, and is to give any special directions he thinks fit as to

(1) The parties who are to attend on the several accounts and enquiries;

No statement in pleading or evidence at trial necessary to enable Master to exercise his powers.

Powers of Master upon reference.

Examination of witnesses upon

(2) The time at which, or within which, each proceeding is to be taken;

(3) The mode in which any accounts referred to him are to be taken or vouched;

(4) The evidence to be adduced in support thereof;

(5) The

manner in which each of the accounts and enquiries is to be prosecuted;

And such directions may be afterwards varied or added to, as may be found necessary. O.R., 55.

47. To enable the Master to exercise all or any of the powers conferred upon him by, or to take the accounts and make the enquiries referred to in, the following rules, it shall not be necessary that any of the matters therein mentioned shall have been stated in the pleadings, or that evidence thereof shall have been given before the judgment or order of reference, or that the judgment or order shall contain any specific direction in respect thereof. O.R., 56.

48. Under a judgment or order of reference, the Master shall have power:

(1) To take the accounts with rest or otherwise;

(2) To take account of rents and profits received, or which, but for wilful neglect or default, might have been received;

(3) To set occupation rent;

(4) To take into account necessary repairs, and lasting improvements, and costs and other expenses properly incurred otherwise, or claimed to be so;

(5) To make all just allowances;

(6) To report special circumstances;

(7) And generally, in taking the accounts, to enquire, adjudge, and report as to all matters relating thereto, as fully as if the same had been specially referred. O.R., 57.

49. Under a judgment or order of reference, witnesses may reference. be examined before any Examiner of the Court. O.R., 58.

witnesses and

Examination of 50. The Master may cause parties to be examined, and to produce books, papers and writings, as he thinks fit, and may

production of

documents.

determine what books, papers and writings are to be produced, and when and how long they are to be left in his office; or in case he does not deem it necessary that such books and papers or writings should be left or deposited in his office, he may give directions for the inspection thereof, by the parties requiring the same, at such time and in such manner as he deems expedient. O.R., 59.

for creditors.

51. The Master may cause advertisements for creditors, and Advertisements if he thinks it necessary, but not otherwise, for heirs or next of kin, or other unascertained persons, and the representatives of such as are dead, to be published as the circumstances of the case require; and in such advertisements he is to appoint a time within which such persons are to come in and prove their claims, and within which time, unless they so come in, they are to be excluded from the benefit of the judgment or order. O.R., 60.

52. The Master is to proceed on the claims brought in be- Dealing with fore him pursuant to such advertisement, without further creditors' claims notice, and may examine witnesses in relation thereto at the time appointed in the advertisement, or thereafter as he sees

fit; and he is to allow or disallow, or adjourn the claims as to him seems just. O.R., 61.

ances.

53. Under every order whereby the delivery of deeds or ex- Settling conveyecution of conveyances is directed, the Master is to give directions as to delivery of such deeds, and to settle conveyances where the parties differ, and to give directions as to the parties to the conveyances, and as to the execution thereof. O.R., 62.

of verifying

accounts.

54. Where any account is to be taken, the accounting party Form and mode is, unless the Master otherwise directs, to bring in the same in the form of a debtor and creditor account, verified by affidavit. The items on each side of the account are to be numbered consecutively and the account is to be referred to by the affidavit as an exhibit, and not to be annexed thereto. O.R., 63

as prima facie evidence.

55. The Master, if he thinks fit, may direct that in taking Books of account accounts, the books of account, in which the accounts required to be taken have been kept, or any of them, be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objection thereto as they may be advised. O.R., 64.

56. No state of facts, charges or discharges are to be into the Master's office; and where original deeds ments can be brought in, no copies are to be made special direction. O.R., 65.

&c., to be

brought No state of facts, or docu- brought in. without Copies of deeds,

&c.

Copies of docu

ments to be sup

directs.

57. Where directed, copies or abstracts of, or extracts from, plied as Master accounts, deeds or other documents and pedigrees, and concise statements, are to be supplied; and where so directed, copies are to be delivered as the Master may direct.

Parties bound by Master's direction without warrant,

Ascertaining matters contested

ing with refer

O.R., 66.

58. A party directed by the Master to bring in an account, or do any other act, is to be held bound to do the same in pursuance of the direction of the Master, without any warrant or written direction being served for that purpose. O.R., 67.

59. Before proceeding to the hearing and determining of a before proceed reference, the Master may appoint a day in the meantime, if he thinks fit, for the purpose of entering into the accounts and enquiries, with a view to ascertaining what is admitted and what is contested between the parties. O. R., 68.

ence.

Warrant to

ascertain inatters contested.

Party seeking to

charge accounting party must give notice of particulars.

Master's Book.

Master to certify proceedings in his office.

Simplest and

speediest

secuting refer

60. Where the Master has omitted to appoint a day for the purposes mentioned in Rule 59, he may grant to the party bringing in accounts a warrant to proceed on the same, for the purposes aforesaid; such warrant to be underwritten as follows: "On leaving the accounts of, &c., &c., and take notice that you are required to admit the same, or such parts thereof as you can properly admit." O. R.,69.

61. A party seeking to charge an accounting party beyond what he has in his account admitted to have received is to give notice thereof to the accounting party, stating, so far as he is able, the amount so sought to be charged, and the particulars thereof in a short and succinct manner. O. R., 70.

62. The Master is to keep in his office a book, to be called the "Master's Book" in which, upon the bringing in of a judgment or order of reference, are to be entered the style of the cause, the name of the solicitor prosecuting the reference, the date of the judgment or order being brought in, and the proceedings then taken; and the Master is also to enter therein, from time to time, the proceedings taken before him, and the directions which he gives in relation to the prosecution of the reference, or otherwise. O. R., 71.

63. Upon the application of any person, the Master is to certify, as shortly as he conveniently can, the several proceedings had in his office in any cause or matter, and the dates thereof. O. R., 72.

64. In giving directions, and in regulating the manner methods of pro- of proceeding before him, the Master is to devise and adopt the simplest, most speedy and least expensive method of prosecuting the reference, and every part thereof; and with that view, to dispense with any proceedings ordinarily taken,

ence to be

adopted.

but which he conceives to be unnecessary, and to shorten the periods for taking any proceedings, or to substitute a different course of proceedings for that ordinarily taken. O. R., 73.

for several days

in one warrant.

65. Where the Master directs parties not in attendance be- Appointments fore him to be notified to attend at some future day, or for may be included different purposes at different future days, it shall not be necessary to issue separate warrants, but the parties shall be notified by one appointment, signed by the Master of the proceedings to be taken, and of the times by him appointed for the taking of the same. O.R., 74.

by Master not

66. Where parties are notified, by appointment from the Parties notified Master, of proceedings to be taken before him, no warrants to be served are to be issued as to such parties, in relation to the same proceedings. O.R., 75.

with warrant.

67. Parties making default upon such appointments are to Parties notified be subject to the same consequences as if warrants had been liable for default. served upon them. O.R., 76.

68. As soon as the hearing of any matter pending before closing hearing the Master is completed, he shall so inform the parties of reference. to the reference then in attendance, and make a note to that effect in his book; and after such an entry no further evidence is to be received or proceedings had without

the special permission of the Master; and the Master may Master's report. proceed to prepare his report or certificate without further

warrant, except the warrant to settle which is to be served Warrant to settle on the parties as the Master directs. O.R., 77.

to be raised upon

69. Parties are to raise before the Master, in respect of any Points intended matters presented in his office for his decision, all points appeal to be which may afterwards be raised upon appeal. O.R., 78.

taken before Master.

not to be set out

70. In the Master's report no part of any account, charge, Accounts, &c., affidavit, deposition, examination or answer, brought in or in report. used in the Master's office, is to be stated or recited, but instead thereof the same may be referred to by date or otherwise, so as to inform the Court as to the paper or document so brought in or used. O.R., 79.

a

brief

may

be

preparing reports affecting money in Court.

71. Reports affecting money in Court, or to be paid into Method of Court, are to be set forth in figures in a schedule, with summary of the sums found by the report, and which paid or payable into or out of Court, and the funds or shares to which the sums of money are respectively chargeable. O.R., 80.

72. As soon as the Master's report or certificate is prepared, Delivery of it is to be delivered out to the party prosecuting the reference,

report.