Year: 1871




If he fail to appear, or, appearing, fail to
SHOW sufficient cause for not Obeying the
summons, he shall be committed until be
consents to give his testimony.


Chancellors GoOdpasture, Scott and Nix
on, the committee to whom was referred
rule Is, reported the following, which was
adopted in lieu Of the same: If bin OF
answer be excepted to for scandal or imper-
tinence the same shall be heard by the
Chancellor in vacation or in term time with
out the Intervention Of the Clerk and Mas
ter; but in such cases if heard by the Chan
cellor in vacation, five days notice, of the
time and place shall be given to the oppo-
site party or his counsel.


ChancellOrs Fentress, Scott and East,
who were appointed a committee on con-
tempts, reported the following, which was
adopted


Exceptions for insuficiency to answer
shall be fled within twenty days after notice
served Of the filing of the answer. The
party filing the exceptions shall set them
down for hearing before the Clerk and Mas
ter within ten days after they are filed, and
upon failure to do so the answer shall be
deemed sufficient. Upon the exceptions
being set down for hearing, the Master shall
act upon the same Immediately, and if
allowed, he shall notify the defendants sOli-
citor 10 file a sufficient answer within
twenty days, from which order he may
within said time appeal, but if the defend
ant in obedience to the order file an answer,
declared sufficient by the Clerk and Master,
he shall notify the complainant's solicitor
and he may appeal within ten days after
the notice. The Chancellor shall act imme-
diately, or as soon as may be convenient
upon the matter.


EXCEPTIONS TO DISPOSITIONS. - The
Committee also reported the following:


Exceptions to dispositions for want of
notice because not filed in reasonable time
or for other causes going to the admissible
ty thereof, shall be filed within twenty DAYS
from the filing of the deposition, and shall
be acted upon Immediately by the Clerk
and Master, allowing OF disallOwing the
same, who shall endorse his action upon
the deposition, from which the party may
appeal within ten days. Upon a appeal to
the Chancellor from the ruling of the Clerk
and Master, the exception must be acted
upon by the Chancellor at chambers within
the first five days of the next succeeding
term, unless the cause be sooner reached !;
and provided, further, that in all cases
exceptions must be acted on and
disposed on or before the hearing
although the depoSitions may have been
filed less than twenty days before the cause
is reached for hearing.


DOCUMENTS FILED AS EVIDENCE
(embraced under) Rule Is was amended by
an appendix which reads: ''PrOuided the
records of the court need not be filed, but
one days notice that they will be offered
as testimony on the hearing must be given"


Rules No. %, %, "A, 26 and 20, concern
ing 'duty of clerk on order of reference to
take account" service of notice. "ad-
journment of matter of reference" ''re-
ports and the time when same are to be
made" were referred to Chancellor East as
a committee to report on the same.


REFERENCE, WHEN oPENED.-Rule Is
was enlarged BY an appendix reading as
follows: g But the Chancellor shall have
discretion to open the account for additional
proof at any time before confirmation"


RULES CONCERNING ACCOUNTS AND RRS
PORTS were adopted as follows:


"When a matter is reserved to the Clerk
and Master to take an account and make a
report, the court may, in the decree, fix the
time in which said account shall be taken
and the report made, and upon whom the
notice of taking the same shall be served, if
in the discretion of the court any notice is
necessary. And in cases in which the de-
cree does not specify any time, the account
shall be taken and the report made to the
S11coaadinT ta1-1n of tho oourf 11nor tba fol
lowing rules:


"The Master shall assign atime and place
to consider the same, and shall issue anOtice
thereof to the parties interested in the ac-
count and to be affected thereby, and also to
their respective solicitors, if both the party
and solicitors are residents of the county. If
the solicitor is a resident of the county and
the party is not, then the solicitor, and vice
versa. If the party is nonresident Of the
county then to the solicitor alone said notices
shall be issued five days before the day as
signed, and it shall be expressed in the no
tice, that if the party or their solicitors, as
provided above, fail to attend, the account
will be proceeded with ex parte, and if the
parties or their solicitors fail to attend, the
Master shall proceed to take the account
upon the proof and papers before him, pro-
vided the Master may, upon the affidavit of
either party, showing sufficient cause, adj
jouTn the matter to another day prior to the
of the next term, at which
time unless he again adjourn the same, he
shall proceed. If parties are numerous the
notice shah be served upon such of them as
the Master may designate.


"After the evidence has been closed, the
master shall proceed without delay to make
his report in writings in ink, with the pages
marked thereon, and in said report he shall
refer by page to the particular parts of the
record upon which he bases each item al
lowed, and shall file said report, when COM
pleted in the cause, and note the filing upon
trial docket and also upon the judges docket
opposite the cause, and said report, unless
ordered to be made and fled by given
time, shall be filed by the second day of the
term, unless the cause is sooner reached,
in which event it shall be filed by the hear
ing.


ssExceptions to the Masters report shall
be filed in writing, in ink, within twenty
days after the same has been filed, unless
the cause is sooner reached, in which event
the exceptions must be filed before the call
ing of the cause. Said exceptions shall dis
tinctly state the matters or items excepted
to. and shall refer to the page or pages of
the report, which show the items or matters
excepted to, and also the page or pages of
the deposition or other part OF the record,
by which it is sought to impeaeh the report.
And after the time of filing exceptions, as