summoned not at the time before the Court, the same practice will apply as before stated concerning the service of a copy of a bill and other documents that require personal service.1 When the person to be served is before the Court the summons will be served in the same manner as documents not requiring personal service.2

It will be observed, that "seven clear days" must intervene between the service and the return of the summons. The word "clear" takes this order out of the ordinary rule of computation. It would appear that the day of service and also the day of return must be excluded from the computation. In computing the "seven clear days," and the "four clear days," Sundays and the days when the offices are closed are included, unless the day of return falls upon them, in which case the return must necessarily be postponed to the following day.

With respect to the persons to be served in administration suits, the course of proceedings is this:- having ascertained who are the parties interested in the estate, upon the first summons before the Judge in chambers to proceed with the decree, the Judge will consider any circumstances which may be brought before him. with reference to any of the parties, and direct who are the parties to be served, and whether service on any of them can be dispensed with.3

The summons having been duly served, an affidavit of service should be made and filed, and an office copy preserved. It is incumbent on the person served, if he is not already before the Court, to enter an appearance; for the 7th Order directs, that "In all cases when proceedings originate in chambers the parties served are, before they are heard in chambers, to enter appearances in the Record and Writ Office, and give notice thereof."

The appearance will be similar in form to the appearance to a bill. It will give an address for service, and notice will have to be given to the solicitor of the person serving the summons.

When the time comes for hearing the matter, concerning which the summons has issued, it will then be taken in its turn. By the 22d Order, lists of matters appointed for each day are to be made

1 Ante, p. 428.

2 Ibid., et seq.

De Balinhard v. Bullock, 9 Hare, App. xiii. And see Orders 18 & 19 of 16th October, 1852.

out and affixed outside the doors of the chambers of the respective Judges, and subject to any special direction, such matters are to be heard in the order in which they appear on such list.

With respect to the course of proceeding upon the hearing any matter in chambers, the following General Orders apply. "The course of proceeding in chambers is ordinarily to be the same as the course of proceeding in Court upon motions. No state of facts, charges or discharges are to be brought in; but when directed, copies, abstracts or extracts, of or from accounts, deeds or other documents, and pedigrees and concise statements are to be supplied for the use of the Judge and his chief clerk, and where so directed copies are to be handed over to the other parties. But no copies are to be made of deeds or documents when the originals can be brought in without special direction.”

The practice of the Court on motions, which is by this Order made to apply in general to proceedings in chambers, will be stated in a subsequent chapter; but it may be here stated, that the notice of motion contains the form of order sought to be obtained, and is all that the Court has before it to determine the issue between the parties. The whole case for or against the motion is submitted in the shape of affidavits. This practice is very convenient and inexpensive for the hearing of the particular application; but it is open to the objection, that, on reference back to the proceedings at any future time, the foundation for the order, or the grounds for the refusal of the order, and everything else explanatory of it, are to be sought for from the contents of a variety of documents. Moreover, neither the orders themselves, made by the Judge or his clerk, nor the evidence wherein they were based, will be found in the proceedings of the office. This must in many cases produce confusion and some repetition in affidavits, but probably the balance of convenience is in favor of the simplest form of practice.

By the 24th Order of 16th October, 1852, "The party intending to use any affidavit in any proceeding in chambers is to give notice to the other parties concerned of his intention in that behalf." The rules with respect to filing affidavits in proceedings before the Court have been before fully stated,2 and they are made generally applicable to proceedings in chambers.

1 23d Order, October, 1852. Cannon v. Evans, 10 Hare, App. iii. Ante, p. 893 et seq.

By the 25th of the same Orders, "The practice of the Court with respect to evidence before the hearing, when applied to evidence to be taken before an Examiner in any cause subsequently to the hearing, is to be subject to any special directions which may be given in any particular case." In the absence of any such special directions, the 41st sect. of 15 & 16 Vict. c. 86, expressly directs, that "In cases where it shall be necessary for any party to any cause depending on the said Court to go into evidence subsequently to the hearing of such cause, such evidence shall be taken as nearly as may be in the manner hereinbefore provided with reference to the taking of evidence with a view to such hearing."

The manner in which evidence is taken before an Examiner has already been very fully pointed out; and the 26th Order of October, 1852, directs, that "Where a chief clerk is directed by the Judge to examine any witness, the practice and mode of proceeding is to be the same as in the case of the examination of witnesses before the Examiner, subject to any special directions which may be given in any particular case."

By the 27th of the same Orders, after the examination is over, "The original examination and depositions of parties and witnesses taken by or before the chief clerk, and authenticated by his signature, are to be transmitted by him to the Record and Writ Office, to be there filed; and any party to the suit or proceeding may have a copy thereof, or of any part or portions thereof, upon payment of the proper fee.

We have before seen that the chief clerk may summon parties or witnesses, and, when so directed by the Judge, may examine parties and witnesses, either upon interrogatories or viva voce. Moreover, 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 subpana ad testificandum.1

The preceding orders refer to the manner in which proceedings in general are conducted in chambers. It will now be convenient

1 Sect. 31 of 15 & 16 Vict. c. 80.

to direct attention to certain particular matters frequently occurring in chambers. One of the most important duties heretofore performed by the Master, and now transferred to the Judge in chambers, is the taking of accounts.

Until recently the mode of taking accounts was by charge and discharge, state of facts and counter state of facts. This practice gave rise to great delay and expense, and frequently also to much injustice and hardship. The Commissioners recommended that the system should be abolished, and that an account should be taken in the same manner as it would be taken by a man of business. The accounting party should bring in his account and furnish a copy to the opposite party. The Commissioners also alluded to the great hardship of requiring in all cases strict vouchers for all items, and they recommended that the Court should have a discretionary power of giving special directions, with respect to the mode in which the account should be taken or vouched.

These recommendations of the Commissioners have been acted upon, and the 54th section of 15 & 16 Vict. c. 86, enacts, "That it shall be lawful for the Court in any case when any account is required to be taken to give such special directions (if any) as it may think fit with respect to the mode in which the account should be taken or vouched, and such special directions may be given either by the decree or order directing such accounts; and by any subsequent order or orders, when it appears to the Court that the circumstances of the case are such as to require such special directions; and particularly it shall be lawful for the Court, in cases when it shall think fit so to do, to direct that in taking the account the books of account in which the accounts required to be taken have been kept, or any of them, shall be taken as primd facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections as they may be advised."

It must, however, be observed, that this section only applies where the vouchers have been lost and the accounts cannot be taken in the ordinary way. Such directions will not be given merely to save expense, nor when ordinary evidence can be had.1

1 Lodge v. Pritchard, 3 De Gex, Mac. & Gor. 906. Prior to the above enact ment the Court would, if necessary, direct the Master to make a special report, in case he should be unable to take an account by reason of the non-production

It appears, however, that special directions as to the manner of taking accounts and receiving notice of accounts, as primâ facie evidence, are not usually given at the hearing, but the Judge decides such questions in chambers.1

The 29th and 30th Orders of October, 1852, further direct, with respect to the form of accounts, "that when any account is directed to be taken, the accounting party is, unless the Judge shall otherwise direct, to make out his account and verify the same by affidavit. The items on each side of the account are to be numbered consecutively, and the account is to be referred to by the affidavit as an exhibit, and to be left in the Judge's chambers." "Any party seeking to charge any accounting party beyond what he has by his account admitted to have received, is to give notice thereof to the accounting party, stating, so far as he is able, the amount sought to be charged, and the particulars thereof in a short and succinct manner."

Perhaps the most convenient form of giving information as to the manner in which the accounts of the personal estate of a deceased person are in actual practice carried into the Judge's chambers, will be to set forth the specimen of an affidavit and account in the form now adopted.

They are as follows:

Affidavit verifying Account of Personal Estate.

In Chancery.

(Title.)

We, A. B., of &c., C. D., of &c., and E. F. of &c., the above-named defendants, severally make oath and say as follows:

1. We say that we have, according to the best of our knowledge, remembrance, information and belief, set forth in the first schedule hereunder written, a full, true and particular account and inventory of the personal estate of or to which G. H

of books, or other circumstances; see Rowley v. Adams, 7 Beav. 395; Millar v. Craig, 6 Beav. 443; Turner v. Corney, 5 Beav. 515; and the Court would, it seems, declare that, for certain purposes, vouchers should not be required. Adley v. The Whitstable Co. 17 Vesey, 327. Since the enactment, it has been decided that no special directions will be given, except in cases of necessity, and where, unless such directions are given, the accounts required cannot be arrived at. See Lodge v. Pritchard, 3 De G., Mac. & G. 906; Ewart v. Williams, 7 ib. 68. 1 Seton on Decrees, 34.