named in the warrant the solicitors attend, and the master taxes the bill. The certificate is then prepared and filed, and an office copy obtained. The modes of taxation are two; between party and party, and between solicitor and client. Also on the higher or lower scale: (Evans, Ch. Pr. 236.)

Q.-On what amounts is the lower scale of costs chargeable?

A. In all causes and matters commenced after the Rules of 1883, and no higher fees are to be allowed in any case except such as by this order otherwise expressly provided for: (Ord. LXV., r. 8.) (a)

Q. What parties are usually allowed to attend the taxation of costs? A.-The persons usually allowed to attend the taxation of costs are the solicitors of the parties in the cause: (Hal. Suit, 94.)

PROCEEDINGS IN CHAMBERS.

[NOTE.-When the judgment is preliminary or interlocutory, as is usual in the first instance, the accounts and inquiries, &c., directed to be taken and made, are worked out by the judge's chief clerk in chambers.

Question.-State the mode of procedure before the chief clerks and judges in chambers.

Answer.-Proceedings in chambers are commenced by summons, which must be sealed, a copy left for the use of the chief clerk, and a copy served on the other side two clear days before the hearing if the application is made in an action, or seven days if it is a summons originating proceedings. The parties attend at the time appointed, and the chief clerk after hearing them and considering the evidence (if any) either makes or refuses the order. The party decided against may then ordinarily, if he pleases, appeal to the judge who attends at chambers on certain days for hearing summonses. The order is then drawn up, passed, and entered. If a judgment directs inquiries at chambers, the party having the charge of it (usually the plaintiff) leaves at chambers a certified copy of it, a copy of the writ, with list of the parties and their solicitors, and then issues a summons to proceed on the accounts and inquiries. On the return of this summons the chief clerk sees that all proper parties have been served, and states what evidence he shall require on each inquiry and account. Having taken the evidence, he makes and signs the certificate, which is then filed; but if either party is dissatisfied with it he may apply to the judge to vary it within eight clear days after.

Q-Contrast the procedure in chambers in the Chancery Division with that in the common law divisions.

A. The proceedings in the chambers of the Chancery Division are more judicial than those in the common law. The common law sum

(a) The higher scale may be allowed either generally in any cause or matter, or as to the costs of any particular application made, or business done, in any cause or matter, if, on special grounds arising out of the nature and importance or the difficulty or urgency of the case the court or a judge shall at the trial or hearing or further consideration of the cause or matter, or at the hearing of any application therein, whether the cause or matter shall or shall not be brought to trial or hearing or to further consideration (as the case may be) so order: (Ord. LXV., r. 9.)

monses were till lately all returnable at the same hour, whilst in the Chancery they were returnable at different hours. The orders of the chief clerks are made in the name of the judge to whom they are attached, whilst a master's order is made in his own name. In Chancery the judges only attend two or three afternoons a week to hear appeal summonses, &c., whereas at the common law divisions one judge attends every day. These are a few of the chief differences between the procedure in the chambers of the Chancery and common law divisions, but there are many others.

Q. Can the procedure in the Chancery Chambers be improved, and how?

A.-When the officials are obliging and give facilities for the conduct of business in chambers (as they almost invariably do), we have always found the procedure work well; and now that the number of chief clerks has been increased, and the pressure of winding-up matters has diminished, we think there is no further change required at present.

Q. What is the first usual proceeding in the chief clerk's chambers after the copy of the judgment or order, &c., has been left, and what is done thereupon?

A.-A summons is issued to proceed with the accounts or inquiries directed; and upon the return of such summons, the chief clerk is to be satisfied by proper evidence that all necessary parties have been served with notice of the order; and thereupon directions are to be given as to the manner in which the accounts and inquiries are to be prosecuted, the evidence to be adduced in support thereof, the parties who are to attend thereon, and the time within which each proceeding is to be taken: (see Ayck. Pr. 489, 9th edit.; Hal. Suit, 73, 74.)

Q.-Within what period is a judgment directing accounts and inquiries to be brought into the judges' chambers; and in case of default by the party entitled to prosecute the same, can any other party take steps to prosecute the judgment?

A. The judgment must be brought in within ten days after the same has been passed and entered; and, in default thereof, any other party to the action or matter is at liberty to bring in the same and have the prosecution thereof, unless the judge otherwise orders: (Ord. LV., r. 32.)

Q.-State some of the proceedings which are taken to the chief clerk's chambers on a reference in a suit for administration of assets.

A. The copy judgment, &c., having been left, and summons to proceed issued, the accounts and inquiries directed will be proceeded with. The necessary accounts must be brought in, and advertisements for debts and claims issued. Claimants (other than creditors) must enter their claims in the claim book, and give notice thereof, and of the affidavit filed, to the solicitor in the action, and creditors send in particulars of their debts to the executor within the time fixed by the advertisement; or within four clear days before any adjournment of the matter, if no certificate of debts or claims has been made in the meantime. The executor then makes an affidavit of the claims and gives notice to the creditor. But a creditor need not make any affidavit or attend in support of his claim (except to produce his security) unless he is served with a notice requesting him to do so.

The chief clerk having completed the accounts and inquiries directed, makes his certificate as detailed infra: (Ayck. Pr. 508 et seq., 9th edit.; Ord. LV.)

Q-In what form do accounting parties bring their accounts into the chief clerk's office, and is the oath of the accounting party sufficient evidence of the payments?

A.-Where the judgment is in the common form, the account is simply a debtor and creditor account. The items on each side of the account are to be numbered consecutively, and the account itself must be verified by affidavit, and referred to therein as an exhibit. The oath of the accounting party is not sufficient where any payments exceed forty shillings; but such payments must be vouched by producing the receipts properly stamped: (see Hal. Suit, 74, &c.; Drew. Pr. 146, &c.)

Q.-Give a sketch of the contents of the affidavit of executors verifying the accounts, and answering the inquiries directed by a common administration judgment.

A. The executors' affidavit should state that in the first schedule thereto is set forth a true account and inventory of the personal estate which the testator died possessed of or entitled to (not specifically bequeathed, if so in judgment), and the affidavit should negative the possession of any other personal estate.

It should next state the amount of funeral expenses, and whether paid, or to whom due. An account of the personal estate come to the hands of the executors (and not specifically bequeathed, if so in judgment), and of all payments by them, should be exhibited, marked A., and verified by the affidavit, and the receipt of any other sums should be negatived.

In the second schedule thereto should be set forth the account of personal estate outstanding, and the existence of any other should be negatived.

Where real estate has to be administered, the affidavit of the real estate which the testator died seised of or entitled to is set out in a third schedule, and a list of the incumbrances thereon in the fourth schedule. The existence of any others in either case being negatived.

An account, marked B., of the rents and profits of the real estate received by the executors should also be exhibited and verified by the affidavit (see Cox's Forms, p. 156.)

Q.-An administration order directs an inquiry what children of the testator were living at his decease. Give an outline of the proper evidence in answer to this inquiry.

A.-Certificates must be produced of the marriage of the testator and of the births of all the children and of the deaths of any of them who may have died. These must be identified by an affidavit or statutory declaration made by some one well acquainted with the family, and further proof must be given by affidavit of the existence of the survivors at testator's decease.

Q. What is the proper course to procure the attendance of a witness before the chief clerk ?

A. By subpoena issued from the Central Office upon a note from the judge: (Ord. XXXVII., r. 28.)

Q. What are the proceedings to be taken on obtaining the chief clerk's certificate ?

A.—It is to be transcribed by the solicitor prosecuting the proceedings, and is then to be signed by the chief clerk at an adjournment to be made for that purpose; except where, from the nature of the case, these proceedings can be done at chambers whilst the parties are present before the chief clerk. The certificate should, if no one is dissatisfied with it, then be signed and filed: (Evans' Ch. Pr. 143; Hal. Suit, 76.)

Q.-A party being dissatisfied with the chief clerk's certificate in a cause in which he is interested (for instance, a creditor whose claim has been disallowed), and desirous of taking the opinion of the court thereon, what is his course of proceeding under such circumstances, and within what time taken?

A.-A summons must be taken out for this purpose within eight clear days after the certificate is filed. If no application be made within the eight days it will be binding on the parties, unless the court otherwise directs under special circumstances: (Ord. LV.)

Q. Do the certificates of the chief clerks upon the inquiries prosecuted before them correspond with the reports of the late masters in Chancery? Must such inquiries be prosecuted with or without the direct intervention of the judge, and has the suitor the right of appealing to a judge before or after the certificate is signed by the latter?

A. The certificates of the chief clerks correspond with the reports of the late masters, and the inquiries are prosecuted before them without the direct intervention of the judge. But an appeal lies to the judge after the certificate is filed by the chief clerk, as stated supra; and any party may, pending the inquiry, take the opinion of the judge on any matter arising in the course of the proceedings: (Ord. LV., rr. 69, 70.)

SALE.

[NOTE. When a sale of property is ordered by the judge it is carried on through the intervention of his chief clerk in chambers.

Question.-Define the difference between proceedings in rem and in personam, and say in what way the Chancery Division of the court acts when it directs the sale of real estate subject to the trusts of a will.

Answer.-Proceedings in rem actually deal with the property which is the subject of the action. Proceedings in personam merely direct certain persons to deal with the property.

When the court directs the sale of real estate it ordinarily directs the trustee to convey, in which case it acts in personam; but if there is any incapacity in the trustees it will itself convey by means of a vesting order, in which case it acts in rem.

Q.-Trace the course of proceeding on a sale of an estate under the direction of the court, from the order directing the sale, to the confirmation of the certificate of the result of the sale.

A. The plaintiff's solicitor having left the order, &c., in chambers, a summons to proceed thereon is issued and served. The advertisements

are then prepared by the solicitor, and approved and signed by the chief clerk, and inserted in the Gazette and newspapers. The particulars are next prepared, and with an abstract of title laid before the proper conveyancing counsel to the court for him to advise on the title, and draw and settle the conditions; after which the particulars and conditions are approved by the chief clerk, and printed, and two certified prints thereof left at chambers. The reserved biddings are then fixed by the chief clerk (on the usual affidavit of a surveyor as to the value of the property) and inclosed in a sealed cover.

The auctioneer and day of sale being appointed, a copy of the particulars and conditions of sale, signed by the chief clerk, and the bidding paper, affidavit, and directions are obtained at chambers, and handed to the auctioneer with the reserved biddings. The sale is conducted in the usual way, and when concluded the auctioneer makes the affidavit verifying the biddings and the signatures of the purchasers, and it is filed, the bidding paper and particulars being marked as exhibits. An office copy of this affidavit and the bidding paper and particulars are left at chambers, and the chief clerk thereupon prepares a certificate of the result of the sale, which is approved and filed in the usual way: (Evans, Ch. Pr. 737, et seq.)

Q.-A judgment directing a sale by auction of real estate having been carried into chambers, the solicitor having the conduct of the proceedings desires to forward the sale with all possible despatch. What papers should he be prepared with at the first appointment?

A.-The abstract of title, the proposals for sale, the particulars of the property, and the ordinary conditions of sale, the draft advertisements of the sale, the surveyor's valuation and report as to lotting the property, affidavit of fitness of proposed auctioneer and reasonableness of his charges the latter being set out in a letter from him: (see Ayck. Ch. Pr. 877, 9th edit.)

Q.-To whom does the court commit the conduct of a sale under its direction in an administration action? Under what circumstances may parties to the action bid?

A. The sale is conducted by the solicitor to the plaintiff, who is considered as the agent for all the parties to the suit. The plaintiff's right to the conduct of the sale is not affected by the extent of interest of or possession of title deeds by other parties to the suit: (Knott v. Cottee, 27 Beav. 33.) If a party to the suit be desirous of bidding at the sale, it is necessary, unless the judgment contain such a direction, to obtain an order for such purpose, and in such case the court will not allow such party to conduct the sale: (Evans, Ch. Pr. 737.)

Q. When an order has been made in an action directing a sale of real estate, and giving all parties liberty to bid, who conducts the sale ?

A. The conduct of the sale is never given to any party having liberty to bid, but the court will appoint some independent person to conduct the sale.

Q. What is the distinction between a sale by auction by order of the Chancery Division or Bankruptcy Court, and an ordinary sale as regards a purchaser who signs no contract?