The office of Master was abolished by the 15 & 16 Vict. c. 80, subject, however, to the final termination of some matters then before the existing Masters, and subject also to cases under the Winding-up Act, as to which the 10th section provides that, "From and after the first day of Michaelmas Term, 1852, no reference shall be made to any of the Masters in ordinary of the said Court, except in cases in which, from some previous reference made in the cause or matter, or in some other cause or matter connected therewith, the Court may think it expedient to make such reference, and except in matters arising under the JointStock Companies Winding-up Acts, 1848-1849." As the matters now before the Master are nearly worked out, and as it is not probable that any more references will be made to them, it will not be necessary to enter further into the practice of the Master's offices. The preamble of the Act of Parliament abolishing the office of Master, in the following short vigorous language, states the desire of the Commissioners, and of almost every one else who recollects the former practice of the Court and of the Masters' offices: "Whereas proceedings before the Masters in ordinary of the High Court of Chancery are attended with much delay and expense, and it is expedient that the business now disposed of in the offices of such Masters should be transacted by and under the more immediate direction and control of the Judges of the said Court."

It is intended in this Chapter to explain in what manner the object of the Act has been carried into effect, and by what means the business formerly conducted in the Masters' offices is now transacted, under the more immediate direction and control of the Judges of the said Court.

In the first place the Act provides, that the Judges themselves should preside over and take part in the duties performed at chambers. For by the 11th section it is provided, that "It shall be lawful for the Master of the Rolls, and the Vice-Chancellors, for the time being, and they are hereby required, to sit at chambers for the despatch of such part of the business of the Court as can, without detriment to the public advantage, arising from the discussion of questions in open Court, be heard in chambers, according to the directions hereinafter in that behalf specified or referred to."

1 The Judge has, however, a discretion to refer cases under the Winding-up Acts to himself in chambers. See 17 Beav. 470.

In former times the jurisdiction of the Master was limited strictly by the terms of the reference to him. He could prosecute no other inquiries than those contained in the decree, nor deviate in any manner from the strict terms of the reference. But now, by the 13th section, "The Master of the Rolls, and every one of the Vice-Chancellors respectively, when sitting at chambers, shall have the same power and jurisdiction in respect of the business to be brought before them, as if they were respectively sitting in open Court."1 A Judge will not therefore be compelled to prosecute any inquiry against the wishes of the parties, and which may turn out to be unnecessary. Moreover, there is no want of jurisdiction to prevent a Judge at chambers varying the terms of the inquiry, though such a step is not usual.2

By the 40th section, the Judge in chambers has power to act upon the opinion of conveyancing counsel in certain matters which were formerly referred to such counsel by the Master;3 and, by the 36th section of the Act, he has all the "powers, authorities and jurisdiction" which the Masters formerly possessed under any Act of Parliament; and by the 58th Order of 16th October, 1852, the Judges in chambers may exercise all the jurisdiction which the Masters possessed under any order of the Court; and, by the 59th of the same Orders, "The power of the Court, and of the Judge sitting in chambers, to enlarge or abridge the time for doing any act, or taking any proceeding, and to give any special direction as to the course of proceeding in any cause of matter, is unaffected by the Orders." This Order prevents any doubt as to the jurisdiction of a single Judge in chambers to vary the times fixed by General Orders.

The orders of the Judges at chambers have the same force and effect as orders of the Court of Chancery, and may be signed and enrolled in like manner. They are usually drawn up by the clerks of the Judges, but a power is given, enabling the Judges to direct that particular orders be drawn up by the Registrars of the Court in the same manner as orders made in open Court are

1 Any Judge of the Court, whose chambers may be open for business during the vacation, may issue summonses for the purpose of any proceedings before the Master of the Rolls or any Vice-Chancellor after the vacation. 2d Order of June, 1854.

2 Saunders v. Walter, 9 Hare, Appx. v.

* For the manner in which these counsel are appointed, see post, the chapter on Sales of Estates.

drawn up.1 And by the 28th Order of the 16th October, 1852, they are to be entered in the same manner, and in the same office, as orders made in open Court.

By the Act for abolishing the office of Master, each of the Judges appoints two chief clerks, and one junior clerk to each chief clerk, who are under the control of the Judge who nominates them. The chief clerks hold their office during good behavior, subject to removal by the Lord Chancellor under the 25th section; but the junior clerks hold their office at the pleasure of the Judge to whose Court they are attached.2

Moreover, since the passing of the Act for abolishing the office of Master, by the 18 & 19 Vict. c. 134, it is enacted, that "It shall be lawful for the Master of the Rolls, and each of the Vice-Chancellors, to appoint forthwith after the passing of this Act one additional junior clerk to each of their respective chief clerks, and for the Master of the Rolls and the Vice-Chancellors, for the time being, respectively to fill up from time to time such vacancies as may occur in the respective offices of the junior clerks so appointed."

With respect to the powers of the chief clerks, it will be convenient to set forth the precise language of the statutes on the subject. By the 29th, 30th and 31st sections of the Act for abolishing the office of Master, it is enacted, that—

"The Master of the Rolls and the Vice-Chancellors respectively shall have the sole power (subject to any rules which may be made by the Lord Chancellor with the advice and assistance of them or any two of them) to order what matters and things shall be investigated by and before their respective chief clerks, either with or without their direction, during their progress, and what matters and things shall be heard and investigated by themselves; and particularly, if the Judge shall so direct, his chief clerks respectively shall take accounts, and make such inquiries as have usually been prosecuted before the chief clerks of the present Masters; and the Judge shall give such aid and directions in every or any such account or inquiry as he may think proper, but subject nev

1 See Sects. XIV. and XV., and ante, p. 1024, as to the manner of drawing up orders made in open Court; and see observations of the Vice-Chancellor Wood, in Hayward v. Hayward, 1 Kay, App. xxxi.

15 & 16 Vict. c. 80, § 16 to 25.

15 & 16 Vict. c. 80.

ertheless to the right hereinafter provided for the suitor to bring any particular point before the Judge himself." 1

"Each chief clerk shall, for the purpose of any proceedings directed by the Master of the Rolls or any Vice-Chancellor to be taken before him, have full power to issue advertisements, to summon parties and witnesses, to administer oaths, to take affidavits and acknowledgments, other than acknowledgments by married women, to receive affirmations, and, when so directed by the Judge to whose Court he is attached, to examine parties and witnesses either upon interrogatories or viva voce, as such Judge shall direct."

"Parties and witnesses so summoned shall be bound to attend in pursuance of any such summons, and shall be liable to process of contempt, in like manner as parties or witnesses are now liable thereto in case of disobedience to any order of the said Court, or in case of default in attendance, in pursuance of any order of the said Court, or of any writ of subpæna ad testificandum; and all persons swearing or affirming before any such chief clerk shall be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing or affirming contained therein as if the matters sworn or affirmed had been sworn and affirmed before any person now by law authorized to administer oaths, to take affidavits, and to receive affirmations."

With respect to the particular description of business that is usually transacted at chambers, it will be convenient first to set out the statutory provisions on the subject.

By the 26th section of the 15 & 16 Vict. c. 80, it is enacted, that the business to be disposed of by the Master of the Rolls and the Vice-Chancellors respectively, while sitting in chambers, shall consist of such of the following matters as the Judge shall from time to time think may be more conveniently disposed of in chambers than in open Court, videlicet:

Applications for time to plead, answer or demur;

for leave to amend bills or claims;

for enlarging publication;

And also applications for the production of documents; appli cations relating to the conduct of suits and matters; applications as to the guardianship and maintenance of infants.

Matters connected with the management of property and such 1 See Saunders v. Walter, 16 Jur. 1008; 9 Hare, App. 5.

other matters as each such Judge may from time to time see fit, or as may from time to time be directed by any General Order of the Lord Chancellor.

In all the cases enumerated above, the parties to the cause may at once apply to the Judge at chambers, without any previous order of the Court.

In addition to applications of the above description there is a very large amount of business arising out of direct references by the Judges in open Court. For by the 27th section of 15 & 16 Vict. c. 80, "It shall be lawful for the Master of the Rolls, and every of the Vice-Chancellors respectively, when sitting in open Court, to adjourn for consideration in chambers any matters which, in the opinion of such Judge, may be more conveniently disposed of in chambers; or when sitting in chambers, to direct any matter to be heard in open Court which he may think ought to be so heard."

It was doubtful, until recently, whether there was any jurisdiction to order that proceedings on petitions to be presented in a summary manner under Acts of Parliament might be at once commenced in chambers. But now, by the 18 & 19 Vict. c. 134, s. 16, it is enacted as follows:

"And whereas, by divers Acts of Parliament, the Court of Chancery is empowered to make orders in respect of the disposition of trust funds and other matters under its jurisdiction upon petition presented, or motion made in a summary way without bill; but such orders cannot be made in respect of the same matters at chambers: be it therefore enacted, That the business to be disposed of by the Master of the Rolls and the Vice-Chancellors respectively, while sitting at chambers, shall comprise such of the matters in respect of which the Court of Chancery is so as aforesaid empowered to make orders in a summary way as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and the Vice-Chancellors, or any two of them, may by any General Order direct."

This portion of the jurisdiction remains at present incomplete, as no General Order under the Act appears to have issued.

These statutes and orders seem to define with sufficient accuracy what matters and things may originate in chambers. It may be convenient, however, also to set forth a notice affixed at the Judges' chambers on the 10th of November, 1852.