Compare New Jersey rules 92-4; Ontario rules 207; English rules, Order 30, rule 2; Order 55, rule 15.

a master: In no part is the reform of procedure so bound up with that of court organization as in the question of the manner of disposing of the wealth of interlocutory applications in an action called for by the introduction of flexibility and adaptability into the conduct of causes. Without the adoption of the permanent master as an officer of the court, these interlocutory motions become a curse to the judges instead of a blessing; but with proper provision for sub-judicial officers it becomes possible for the court to watch an action from its inception, to guide it in its course, and, if it should finally reach trial, to hear it shorn of all uncontested and time-wasting immaterialities. The master is an essential and indispensable part of the modern judicature. He prepares causes for the judge's attention, just as the rough pointer prepares the block of stone for the sculptor's chisel. He becomes expert in the hearing of interlocutory points, and he saves the county money as he is paid at a lesser rate than the judge whose time he saves.

Sec. 2.

ASSIGNMENT.

Where there is more than one master attached to a division or court, every proceeding shall, upon its commencement, be assigned to one of the masters, who shall thereafter have jurisdiction of all applications made therein, unless the court shall otherwise order.

Compare Rodenbeck Act, s. 31; English rules, Order 5, rules 7-8; Order 54, rule 18.

be assigned: The purpose of this is that the master should be familiar with the action as a whole, instead of regarding any motion made as a thing to be looked at strictly through the rules, irrespective of its context. otherwise: The court may order a transfer for good cause, and there may be emergencies when the original master is not available.

Sec. 3.

LIMITATIONS. The following applications shall not be heard by a master, except where no judge is available within the county for the purpose:

(1) Applications concerning the personal liberty of a party or witness;

(2) Applications concerning the custody of infants;

(3) Applications for injunctions or receivers ;

(4) Such other applications as by these rules are required to be heard in the first instance by a judge.

Compare Rodenbeck rules 241; New Jersey rules 94; Ontario rules 208; English rules, Order 54, rule 12.

following: These matters are of sufficient importance to require the order of a judge even though interlocutory in character.

(1) personal liberty: Such as motions for attachment as provided for in various rules.

Sec. 4. FUNCTION. Except as otherwise provided in these rules, or ordered by the court, every application made to the court in the course of an action, except if made at the trial or hearing of any issue or application therein before a judge, shall be heard in the first. instance by a master.

Compare Rodenbeck Act, s. 32; New Jersey Act, s. 17; New Jersey rules 95.

first instance: This fixes the status and duties of a master; in all but the excepted cases he stands between the judge and the parties as the arm of the court.

Sec. 5. REVIEW. Orders made by masters, shall on motion be reviewable by a judge of the Superior Court in each division, designated for that purpose by the Chief Justice.

Compare English rules, Order 54, rule 21.

reviewable: After the system is once in operation, it is very likely that very few orders will actually be sought to be reviewed, as the masters get to know the attitude of the judges on the usual motions. In England only 1 order in every 33 made by the masters is varied or reversed by the reviewing judge.

motion: Due notice to adversaries is required by the rules of Article 19.

Sec. 6. MOTION. Motions for review of orders made by Masters shall be in writing and heard by the judge designated under Section 5.

Compare English rules, Order 54, rule 24.

ARTICLE 46.

IRREGULARITIES.

Sec. 1. DEVIATIONS. Non-compliance with these rules shall not render any paper or step in the action void, but the same may be set aside either wholly or in part as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the court may deem just.

Compare New York Code, s. 723; Rodenbeck Act, s. 8, 10, 47; Rodenbeck rules 16; New Jersey rules 218; Ontario rules 184; English rules, Order 70, rule 1.

non-compliance: Throughout these rules the court is expressly given power to make exceptions in proper cases and to apply general rules flexibly so as to do justice in every case; this final rule covers every possible instance that might arise in which non-substantial deviations ought to be overlooked though made without authority. This provision includes pro

cedure on appeals.

Sec. 2. TIME. An application to set aside any proceeding for irregularity must be made within a reasonable time and shall not be allowed if the applicant has taken any fresh step after knowledge of the irregularity.

Compare Ontario rules 185; English rules, Order 70, rule 2.

any fresh step: Which in itself thus condones previous slips, and shuts the door to technical contention.