COSTS,

Court may direct costs of impertinent matter to be paid, 20
Of motion for a decree in discretion of court, ib.

Of immaterial or irrelevant depositions to be dealt with by
court, 30

Of demurrer of witnesses to be in discretion of court, 31
Cases on costs, 33

Of copies of depositions to be settled by general order, ib.
Of cross-examination and re-examination of witnesses on
affidavit, how to be paid, 35

Of examination of witnesses before court, how to be paid, ib.
Of impertinent matter to be disposed of, with costs of
suit, 208

Order may be made respecting, in suits by one or more of a
class having a common interest, 40

May be awarded in case of mistake of parties in not follow-
ing directions of act, 15 & 16 Vict. c. 86..54

General orders may be made for regulating, upon master's
report, 61

Of parties neglecting to proceed before masters, 62

Not to be allowed for written bill or written copy of bill
filed under 15 & 16 Vict. c. 86, unless directed by court,
202

Of written bill filed, where no printed copy filed within
fourteen days, to be paid by plaintiff or his solicitor, ih.

To be payable to solicitors under new orders, 213

Under act for trustees relief, by whom to be paid, 114, 115
Extra, occasioned by proceedings by bill instead of claim,
may be thrown on plaintiff, 172

To be taken in proceedings by claim, 172-174

COUNSEL,

Witnesses to be examined orally in the presence of, 29

Examiner to state his opinion on objectionable questions to, 30
Special case to be signed by, 123

See CONVEYANCING COUNSEL.

COURT KEEPER,

May be appointed by Lord Chancellor, under 15 & 16 Vict.
c. 80..79

COURTS AND BUILDINGS,

Expenses of providing and furnishing, may be ordered to be
paid by Lord Chancellor, 107

CREDITOR,

May summon executor or administrator to show cause why
order for administration of personal estate should not be
granted, 43

Form of such summons, 218

On proof of service or appearance, judge may make adminis-
tration order, 44

Such order to have effect of decree, ib.

Special directions may be given as to carriage of order, and
subsequently given to other parties, ib.

CREDITOR-(continued.)

Duplicate of summons to be filed in record office, 44

May apply for order for administration of real estate, when, 45
May file claim seeking payment of debt, 149

Claim by, defective for want of parties, ib.

Leave given to, to file claims, 154

CRIER,

Form of, 179

Of Court of Chancery, office of, abolished, 94

CROSS BILL,

May be exhibited by defendant against plaintiff, instead of
filing interrogatories, 23

Object and effect of, 24

CROSS-EXAMINATION,

Witnesses produced before examiner subject to, 29
Witnesses by affidavit to be subject to oral, 35.

Bound to attend for, on notice, and payment of ex-
penses, ib.

Re-examination of witnesses to follow immediately after, 209

DEATH,

D.

On abatement of suit by, an order to revive may be obtained,

49

See REVIVOR AND SUPPLEMENT.

DECLARATIONS,

How to be taken in Scotland, Ireland, and Colonies, 25
Penalty for making false, 26

On honour, included in word "affidavit,” 174

DECREES AND DECRETAL ORDERS,

May be moved for by plaintiff, after expiration of time to
answer, but before replication, 19

Affidavits may be filed on motion for, ib.

Orders as to affidavits to be used, on motion for, 206, 207
Motion for, may be refused or granted, 20

Right to move for, how suspended, 18

In what cases it may be obtained by one of a class of several
persons, 40

Notice of, when to be served on persons not parties to
suit, 41

Persons served with notice of, may, within time to be pre-
scribed, apply to court to add to, ib.

Orders as to adding to decree, 210

Order for administration of personal estate, to have same
effect as, 44

May be modified in case of misjoinder of plaintiffs, 47

Not objectionable on ground of being merely declaratory, 48

DECREES AND DECRETAL ORDERS-(continued.)
Supplemental, may be obtained for reviving suit, 49, 50
Made under act 13 & 14 Vict. c. 35, subject to appeal, 135
Appeal from, within what time to be set down for hearing,
220

Not to be enrolled after six months, without special leave of
court, ib.

DEED,

How such leave is to be obtained, ib.

Caveat to stay enrolment of decree to be prosecuted within
twenty-eight days, ib.

No enrolment of, to be allowed after five years from date
of, ib.

See OBJECTIONS FOR WANT OF PARTIES-PARTIES-
SPECIAL CASE.

Acknowledgments for enrolling in Chancery, before whom
to be taken in Scotland, Ireland, and Colonies, 25
See ACKNOWLEDGMENTS.

DEMURRER,

May be put in by defendant, within what time, 18
Leave to put in, when required, ib.

To be put within twelve days after defendant's appearance,

19

To be put in by defendant required to answer within four-
teen days from delivery of copy of interrogatories, ib., 206
Applications for time to put in, to be made to judges at
chambers, 67

Of witnesses to questions to be taken down by examiner, 31
Objections of witnesses to answer interrogatories, to be stated
in form of, 32

Form of, ib.

Course to be pursued on deciding, ib.

Costs of, 33

See ANSWER.

DEPOSITIONS,

To be taken down in writing, and read over to the witnesses, 30
To be signed by witnesses, ib.

Course to be pursued if witnesses refuse to sign, ib.

Costs of immaterial or irrelevant, to be dealt with by
court, ib.

To be transmitted to Record Office, and filed, 33

Copies of, to be supplied, ib.

See EVIDENCE-WITNESSES.

DEPOSITS,

On appeals, to be paid to senior registrar in Chancery, 100
See MORTGAGE.

DISABILITY,

Consent to use affidavits at hearing, may be given on part of
persons under, 34

DISABILITY-(continued.)

Guardian to be appointed for persons under (other than cover-
ture), in case of order to revive suit, 50

See INFANTS-LUNATICS-MARRIED WOMEN.

DISCLAIMERS,

Commissions for taking within jurisdiction of court, abo-
lished, 25

May be filed without further formality than affidavit, ib.
How to be sworn and taken in Scotland, Ireland, and Colo-
nies, ib.

May be filed without oath of messenger, 27

Alterations in, how to be authenticated, ib.

DISMISSAL,

Of bill for want of prosecution may be moved for by defend-
ant not required to answer, and not answering, 28

Subject to restrictions to be prescribed by general
order, ib.

Application for order of, may be made after expiration of
three months from defendant's appearance, 207

Unless motion for decree or cause has been set down
to be heard, ib.

Power for court to make order of, or other order, 208

Appeal from, within what time to be set down for hearing, 220
Within what time to be enrolled, 221

Not to take place for misjoinder of plaintiffs, 47

DOCUMENTS,

Production of by defendant, may be ordered upon oath, 20
By plaintiff upon oath, upon defendant's application
after answer, 25

Former practice as to charging possession of, 20

Order to produce founded on admission in answer, 21
Possession of by agent, equivalent to that of principal, 21
Must be for defendant's use exclusively, ib.

Production of, not ordered where defendant has joint posses-
sion with party not before court, 22

Not to be received or used unless stamped, 87

Filed or used by mistake without stamp, may be ordered to
be stamped, ib.

Tendering in evidence false or counterfeit, to be felony, 96
Expenses of examining official and other copies of, may be
ordered to be paid, 107

Referred to in special case, how to be identified, 126

May be ordered to be produced, ib.

See COPIES.

DOOR-KEEPER OF COURT OF CHANCERY,
Office of, abolished, 94

ENGINEERS,

E.

Court may obtain assistance of, 72

ENGINEERS-(continued.)

Fees to, to be regulated by taxing master, 72
Subject to appeal to court, ib.

ENGROSSMENT,

Printed bills and claims to be filed in lieu of. 1

When bill or claim may be amended without new, 11

ENROLMENT,

Orders made at chambers may be signed and enrolled as
orders made in court, 64

Of all decrees and orders, and all dismissions, to be within
six calendar months, 220

Afterwards with special leave of court, ib.

How such leave is to be obtained, ib.

Caveat to stay signing of docket for, within what time to be
prosecuted, 221

Of any decree, order, or dismission, not to be allowed after
five years from date thereof, ib,

Power for Lord Chancellor alone or with Lords Justices, to
enlarge periods for, ib.

See ACKNOWLEDGMENTS.

EVIDENCE,

Plaintiff in suits by bill may give notice to defendant to ad-
duce evidence orally or by affidavit, 29

Such notice to be given seven days after issue joined,208
To be adduced by affidavit, when, 29, 208

May be taken orally if required, 29

Power of court to make order respecting oral, ib.

Affidavit filed before issue joined not to be received unless
one month's notice given to opposite party, 209

To be closed within time prescribed by general order, 34
Within nine weeks after issue joined, 208

Except that witness by affidavit, who may be cross-
examined within one month afterwards, ib.

When closed, leave of court required for taking further, 35
Not to be excluded by crime, incapacity or interest of persons
giving, 37

Subsequent to hearing to be taken the same as prior to hear-
ing, 39

Books of account may be directed to be primâ facie evidence
of matters therein contained, 52

Office copies of orders in lunacy signed, sealed or stamped
by registrar in lunacy, to be, 95

By affidavit, authorized to be received at hearing or on further
directions of matters not directly in issue, 132

See AFFIDAVITS-DEPOSITIONS-EXAMINATIONS-Ex-
AMINERS WITNESSES.

EXAMINATIONS,

-

Commissions for taking within jurisdiction of court abolished,

25