Page images

Ι Ν D Ε Χ.


In case of, order may be made, having same effect as bill

of revivor, page 49 Of proceedings upon claims, how to be revived, 169, 170


Of title to be laid before conveyancing counsel before sale of

real estate, 53

Time for delivery of, to be specified in conditions of sale, ib. ACCOUNTANT GENERAL,

Future, not to be master in ordinary, 59
Draft of, not required for payment of compensation ordered

by Lord Chancellor, 75, 76, 106
Rights of, as a master in ordinary, not affected, 80.

Nor his salary or retiring allowance, ib.
Not to be required to perform additional duties, 81
To act on certificate in lunacy filed in office of registrar in

lunacy, 96.
Duties and salaries of clerks in office of, may be regulated

by Lord Chancellor, 99 Future, salary of, 92. Duties as to countersigning notes or cheques by, to be per

formed by master of reports and entries, or a registrar, 97 Note or cheque signed by, and countersigned by master of

reports and entries or a registrar, sufficient authority to the

Bank, 98, 200
May pay to surviving representative, when, 201
Trust monies or stock may be transferred to account of,

under Trustees Relief Act, 110
Regulation of salary of, in reference to Trustees Relief Act,
To direct payment or transfer to the particular account,

To invest interest or dividends, when, 119.


Court may obtain the assistance of, 72
Fees to, to be regulated by taxing master, ib.
Subject to appeal to court, ib.



Mode of taking may be directed by court, 52
Books of, may be admitted as prima facic evidence, ib.

With liberty to parties to take objections, ib.
Court may decide questions without taking, in some cases, 48
May be taken by chief clerks of judges, as before chief
clerks of masters, 68

See Clerks OF JUDGES.


For enrolling deeds in Chancery, how to be taken in Scot-

land, Ireland and Colonies, 25
May be taken by judges' clerks, 68

By married women, not to be taken by judges' clerks, ib.

Court may obtain assistance of, 72
Fees to, to be regulated by taxing master, ib.

Subject to appeal to court, ib.

Of estates of deceased person may be obtained by one of

class of certain persons, when, 40
Executor or administrator may be summoned to show cause

why order for administration of personal estate should not

be granted, 43
Form of such summons, 218
Of personal estate, may be ordered by court, 44
Order for, to have same effect as decree for, ib.
Of real estate, may be ordered by court, when, 45
Of trust may be obtained upon petition under Trustees Relief
Act, 112


May obtain decree against one of next of kin, 40
By claim, may obtain administration of personal estate of de-

ceased, 151
Form of claim by, 179

Form of order for, on claim, 193
To be protected by decree on special case, 125
On application of, court may order reference to take account
of debts and liabilities of deceased person, 127
Order not to be made until expiration of one year after

death of party, ib.

Nor pending decree for administration, ib.
May apply to court to have debt or claim reported due, dis-

allowed, 128
Course to be pursued in objecting to master's report, ib.
On application of, court may direct appropriation of money

to answer contingent liability, ib.
Proceedings against, may be restrained by court, 130


Protection to be afforded to, in certain events, 130
May pay trust monies or transfer stocks and securities into

the Court of Chancery under Trustees Relief Act, 110

Of appointment of personal representative of deceased per-

son, 43
May be issued by chief clerk of judges, 68

In proceedings by claim, 168

Office of clerk of, assistant clerk of and second clerk of,

abclished, 94

Duties of, to be performed by clerks of records and writs, 95

The word " affidavit,” in 15 & 16 Vict. c. 86, to include
affirmation, 57

The like in Orders, 7th August, 1852..212
May be filed on motion for decree, 19
General orders as to filing, to be used on motion for decree,

209, 210
How to be taken and sworn in Scotland, Ireland and Colo-

nies, 25
Penalty for making false, 26
Plaintiff may give notice to defendant to adduce evidence

orally or by, 29
Such notice to be given seven days after issue joined, 208
If no such notice, or if plaintiff'shall desire evidence to be
adduced upon, cases may be verified by, ib.
Unless defendant shall, by notice, desire evidence to be

oral, ib.
Evidence by, to be closed within time prescribed by general
order, 34
Within nine weeks after issue joined, except for cross-

examination of witness by, 208
May be used at hearing, by consent or leave of court, 34

Such consent may be given for parties under disability, 34
To be divided into paragraphs numbered consecutively, ib.

Confined to distinct portions of subject, ih.
Filed before issue joined, not to be used at bearing, unless

one month's notice given to opposite party, 209
Witnesses by, subject to oral cross-examination and re-exa-
mination, 35
Notice to be given by party desiring to cross-examine

witnesses by, 209
Re-examination immediately to follow cross-examina-

tion, ib.
Parties having made, to attend before examiner for cross-
examination, 35
Parties desiring to cross-examine witnesses by, to give
notice, 209


Answer of defendant on motion for injunction or receiver, to

be regarded merely as, 54
May be read in opposition to such motion, 54
May be taken by chief clerks of judges, 68.
Proof by, authorized to be admitted at hearing, or on further
directions of matters not directly in issue, 132

Cases on, ib.
To be filed on paying or transferring monies or securities into
court under Trustees' Relief Act, 117

Particulars to be contained in, 117, 119
For leave to amend when necessary, 10
How considered and when required in the case of claims,

161, 162

Included in word affidavit in act 15 & 16 Vict. c. 86, 57

in orders, 212, 174
How to be taken in Scotland, Ireland, and Colonies, 25
Penalty for making false, 26
May be received by chief clerks of judges, 68

by examiners of court, 34

Service and delivery of printed copies of bill or claim with, 8
May be made by written alterations when, 8
Of bill or claim without new engrossment, when, 11
Amended bill or claim, how to be served, 203
On defendant appearing in person, 204
Orders as 10, not applicable to bills or claims filed before 2nd

November, 1852, ib.
May be directed in case of misjoinder of plaintiffs, 47
Facts which occurred after institution of suit may be intro-
duced by, when, 51, 52

How to be stated when cause will not allow, 211
Application for, to be disposed of in chambers, 8
Order for, may be obtained without notice, when, 9
When order of course for leave to amend may be obtained, 9
Special order for, cannot be obtained without affidavit, 10

Of claims has been ordered, 158

Not required from defendant unless interrogatories filed and

copy thereof delivered, 17
May be put in by defendant whether required or not by

plaintiff, 18
Leave of the court, when required for putting in, ib.
Further time may be granted for putting in, ib.
Applications for time to put in to be made at judges' cham-

bers, 19, 67


May contain not only defendant's answer to interrogatories,

but statements material to his case, 19
To be divided into paragraphs and numbered consecutively, 19
Each paragraph to contain distinct statements, ib.
Exceptions to, for impertinence abolished, 20
Defendant may file interrogatories for plaintiff's examination

after a sufficient answer, 22
Such interrogatories to be answered as if contained in bill of

discovery, ib.
Practice as to exceptions to, for insufficiency, applicable to

interrogatories, ib.
In determining materiality of such answers or exceptions, the

statements in original bill and answer thereto to be re-

garded, ib.
Defendant may require production of documents by plaintiff

atter, 25
Commission to take, within jurisdiction of court, abolished, ib.
To be put in by defendant, required to answer within fourteen
days from delivery of copy of interrogatories, 206

Time for, may be enlarged by court, ib.
Form of, in new orders, 217
May be filed without further formality than affidavit, 25
How to be sworn and taken in Scotland, Ireland, and Colo-

nies, ib.
Falsely swearing of, perjury, 26
Tendering in evidence, with false or counterfeit signature or

seal of judge, &c. to be felony, ib.
May be filed without oath of messenger, 27
Copy of, to be furnished to examiner by plaintiff for oral

examination of witness, 29
Of defendant, on motion for or to dissolve injunction, or to

discharge order for receiver, to be regarded as affidavit, 54
Defendant not required to answer, and not answering, to be

considered as having traversed case made by bill, 27, 207

Two persons to be appointed judges of, 137
Each judge of, to have secretary, usher and train bearer, 138
Judges of, to be styled Lords Justices of, ib.

To take oath in form prescribed, ib.
To have jurisdiction exercised by Lord Chancellor, ib.
Statutory jurisdiction exercised by Lord Chancellor may be

exercised by, 139
Jurisdiction of Vice-Chancellor in bankruptcy transferred to,

May sit with assistance of common law judge, ib.
Decision of majority of, to be binding, 140

If judges of, equally divided, decree appealed from to be

affirmed, ib.
Decrees of court of, may be appealed from to House of

Lords, ib.
One LordJustice with Lord Chancellor to form, ib.

« EelmineJätka »