Year: 1871

allowed, shall have expired, the report may


be confirmed, unless for good cause shown
the court shall allow longer time. All ex-
| ceptions TO reports shall be heard and dis
posed of as other motions.


"A failure of the Clerk and Master to
comply with an order Of reference. or any
other order or degree, shall be punishable
By fine not exceeding fifty dollars"


Instead of rules y and %, the following
were adopted:


"UpOn a reference, a witness cannot be
examined either by the Master or the party
| whose witness he is, to the same matter to
which he has been examined in chief before
| the hearing of the cause, without an order
from the court ofthe Clerk and Master upon
| affidavit showing sufficient cause, but he
may be examined touching any other mat
| ter.


"a witness once examined by the Master
may be re-examined by the Master at his
discretion


On motion of Chancellor Fentress, the
following was substituted for rule 32:
"The Master shall not pay out any funds
| in his hands without an order of the court.
| In all continuance of cases the Chancellor
may order the funds in the hands of the
| Clerk, in such cases, to be loaned out upon
such time and upon such security, or in
vested as he may ORDER"


Rule "a was adopted without change.


The following new rule, offered by Chan
cellor East, was adopted:


"The complainant or his solicitor, before
presenting a cause for hearing, shall cause
all the depositiOns or other papers to be used
| by him, except the pleadings, to be neatly
| put together in one or more packages, and
| securely fastened at the top, and the same
PACED and a general index of the contents
of the package made at the beginning or con-
| clusiOn thereof. So likewise shall the de-
| fendant or his solicitor do with all the depo-
| sitiOnS or papers to Ee used by him, and no
decree or order shall be written upon less
than a half sheet of paper, and always in
| ink, and these DEGREES, as they are entered
upon the minutes, shall be fastened together
at the top securely by the Master"
ENROLMENT OF BILLS, RECORDS, ETC.
Immediately upon the fling of any pa
per in cause, the Master shall cause the
same to be enrolled in a well bound book
kept for that purpose, and this enrolment
shall supeTsede any other enrolment, so far
as the Courts of Chancery are concerned,
as provided for in the Code by sections,
1921 TO 3,22S inclusive, and any paper or
papers lost shall be supplied from this book
upon the certificate of the Clerk that the
same is full, true and perfect copy; and
the costs of the enrolment shall be included
in the general bfll of costs; and the rule
docket shall show the book and pages upon
which the enrolment is made.


ISSUANCE OF Process BY CLERK AND
MASTER.-The Master shall not regard nor
issue any process on an order or fiat direct
ing an injunction, SUpersededS, or suspension
of an order or decree of his court, unless
such order or fiat is made by the Chancel-
lOr of his court; or in case Of his ineOmpe-
tency or sickness, BY another Chancellor.
This rule shall have no application 10 a sup
erSedeGS ordered by judge of the Sapreme
Court. Offered by Chancellor East.


DEPosITIoNs.-Thes subject ofdepositions
was referred to a committee consisting Of
Chancellors Smith, Nixon and Morgan.


AGREEMENT OF SOLICITORS.-Alla agree
ments of Solicitors, made in cause and in
reference to the same, shall be reduced to
writing and signed by each, otherwise the
same shall not be binding upon either or
their respective clients, unless both subse-
quently agree thereto, in open court, when
it shall he reduced to writing and filed as a
part of the record. BY Chancellor Fentress.


INJUNCTIoN.-Chancellor Scott offered a
rule to require bills for injunction to stay
sales under deeds Of trust, etc, because Of
usury, to tender with the bill 10 show the
amount of money admitted to be due. Re
ferred to the Committee on injunctiOns.


The meeting at this point adjourned to
meet to-day at o'clock. A note was read
from Chancellor Goodpasture, stating that
illness had prevented him being present with
the committee the night previous, and though
absent yesterday Winchester, he would
be with the body to-day. i i5 90 --E