ORD. XXXV. the printer of the Gazette to insert the same. (16th Oct. RULE 37. Appointment of day for hearing claim ants. 37. Advertisements for creditors or other claimants shall fix a time for the creditors or claimants to come in and prove their claims, and shall appoint a day for the hearing and adjudicating thereon, and may be in a form similar to the Form of adver- form set forth in Schedule (L), with such variations as the circumstances of the case may require. Oct. 1852; Ord. 35.) tisement. RULE 38. Claims to be entered. (16th 38. Claimants coming in pursuant to advertisement shall enter their claims at the Chambers of the Judge in the "Claims Book," for the day appointed for hearing by the Notice thereof, advertisement, and shall give notice thereof and of the affidavit filed to the solicitors in the cause, within the time specified in the advertisement for bringing in claims. (16th Oct. 1852; Ord. 36.) and of affidavit. RULE 39. affidavits of 39. The claimants filing affidavits shall not be required Office copies of to take office copies; but the party prosecuting the cause or matter shall take office copies, and produce the same at the hearing, unless the Judge shall otherwise direct. (16th Oct. 1852; Ord. 37.) claimants. RULE 40. Adjournment. 40. Where, on the day appointed for hearing the claims, any of them remain undisposed of, an adjournment day for hearing such claims shall be fixed; and where further evidence Closing further is to be adduced, a time may be named within which the evidence on both sides is to be closed; and directions may adducing same. be given as to the mode in which such evidence is to be adduced. (16th Oct. 1852; Ord. 38.) evidence. Mode of RULE 41. Claim entered and affidavit filed before adjournment day. RULE 42. Debts not exceeding £5. RULE 43. Exclusion of claims. 41. Any claimant who has not before entered his claim, may be heard on such adjournment day, provided he has entered his claim and filed his affidavit four clear days prior to such day, and no certificate of debts or claims has been made in the mean time. (16th Oct. 1852; Ord. 39.) 42. Creditors claiming debts not exceeding £5, need not attend on the day of hearing, unless required to do so by notice from some party. (16th Oct. 1852; Ord. 40.) 43. After the time fixed by the advertisement, no claims shall be received (except, as before provided, in case of an adjournment), unless the Judge at Chambers shall think fit ORD. XXXV. Proceedings in to give special leave, upon application made by summons, Chambers and then upon such terms and conditions as to costs and otherwise as the Judge shall think fit. (16th Oct. 1852; Ord. 41.) 44. A list of all claims allowed shall, when required by RULE 44. the Judge, be made out and left in the Judge's Chambers List of claims by the party prosecuting the decree or order. (16th Oct. 1852; Ord. 42.) allowed. of fund. 45. Where the Court directs any computation of RULE 45. interest, or the apportionment of any fund, which is to Computation of interest, or be acted upon by the Accountant-General or other person apportionment without any further order from the Court, the decree or order made by the Court may direct such computation or apportionment to be made by one of the Chief Clerks attached to the Court of the Judge, and may direct the certificate thereof, signed by such Chief Clerk, to be acted upon accordingly, without the same being signed and adopted by the Judge. (16th Oct. 1852; Ord. 43.) RULE 46. What the certi account. 46. Where an account is directed, the certificate shall state the result of such account, and not set the same ficate is to state out by way of schedule, but shall refer to the account in cases of verified by the affidavit filed, and shall specify by the numbers attached to the items in the account, which, if any, of such items have been disallowed or varied, and shall state what additions, if any, have been made by way of surcharge. And where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account as altered, such transcript Transcript of may be required to be made by the party prosecuting altered. the decree or order, and shall then be referred to by the certificate. The accounts, and the transcripts (if any), re- Filing of acferred to by certificates, shall be filed therewith, but no transcripts. copies thereof shall be required to be taken by any party. (16th Oct. 1852; Ord. 44.) account as counts and 47. The certificates to be made by the Chief Clerk to RULE 47. Certificate only the Judge shall not, except the special circumstances of to refer to orthe case shall render it necessary, set out the decree or der, documents, H or evidence. ORD. XXXV. order or any documents or evidence or reasons, but shall Proceedings in Chambers. refer to the decree or order, documents, and evidence, or particular paragraphs thereof, so that it may appear upon what the result stated in any such certificate is founded. (16th Oct. 1852; Ord. 45.) RULE 48. Form of Chief Clerk's certificate. Transcript thereof. 48. The certificate of the Chief Clerk to the Judge may be in a form similar to the form set forth in Schedule (M), with such variations as the circumstances of the case may require; and, when prepared and settled, it shall be transcribed by the solicitor prosecuting the proceedings, in such form and within such time as the Chief Clerk shall require, and shall then be signed by the Chief Clerk at an adjournment to be made for that purpose. But where, from the nature of the case, the certificate can be drawn and copied in Chambers whilst the parties are present before the Chief Clerk, the same shall be then completed and signed by him without any adjournment. (16th Oct. 1852; Ord. 46.) 49. The time within which any party is to be at liberty Time for taking to take the opinion of the Judge upon any proceeding which shall have been concluded, but as to which the certificate of the Chief Clerk shall not have been signed and adopted by the Judge, shall be four clear days after the certificate shall have been signed by the Chief Clerk. (16th Oct. 1852; Ord. 47.) RULE 49. opinion of Judge before he has signed certificate. RULE 50. Summons for taking such opinion. RULE 51. Signing, by the Judge, of the Chief Clerk's certificate. 50. Any party desiring to take the opinion of the Judge, as mentioned in the last preceding Rule, shall, within four clear days after the certificate shall have been signed by the Chief Clerk, obtain a summons for such purpose. (16th Oct. 1852; Ord. 48.) 51. At the expiration of four clear days after the certificate shall have been signed by the Chief Clerk, if no party has in the mean time obtained a summons to take the opinion of the Judge thereon, the Chief Clerk shall submit the certificate to the Judge for his approval, and the Judge may thereupon, if he approve the same, sign such certificate in testimony of his adoption thereof, as follows:-"Approved, this day of ." (16th Oct. 1852; Ord. 49.) Chambers. 52. The time within which an application may be made, ORD. XXXV. by summons or motion, to discharge or vary any certifi- Proceedings in cate which has been signed and adopted by the Judge in RULE 52. Chambers, shall be eight clear days after the filing of such Time for applycertificate. (16th Oct. 1852; Ord. 51.) ing to discharge or vary certifi cate signed by Judge. RULE 53. When Chief Clerk's certi ficate to be acted upon by 53. The 49th, 50th, 51st, and 52nd Rules of this Order shall not apply to certificates which are to be acted upon by the Accountant-General without any further order. Such certificates may be signed and adopted by the Judge on the day after the same shall have been signed by the Chief Clerk, unless any party desiring to take the opinion of the AccountantJudge thereon, obtains a summons for that purpose before further Order, twelve of the clock on that day. And the time for apply- may be signed by Judge. ing to discharge or vary such certificates, when signed and Time for applyadopted by the Judge, shall be two clear days after the ing to discharge filing thereof. (1st June 1854; Ord. 4.) General without or vary same when signed. RULE 54. passing Receiv. 54. The 49th, 50th, 51st, and 52nd Rules of this Order shall not apply to certificates on passing Receivers' accounts. Certificates on Such certificates may be approved and signed by the Judge ers' accounts. without delay, and, upon being so signed, shall be filed and forthwith acted upon. (16th Oct. 1852; Ord. 53.) 55. The certificate, when signed by the Judge, with the accounts, if any, to be filed therewith, shall be transmitted by the Chief Clerk to the Report Office, to be there filed, (16th Oct. 1852; Ord. 50.) 56. Certificates of the Chief Clerk, made as mentioned in the 45th Rule, and not required to be signed and adopted by the Judge, shall be transmitted and filed in the manner as those signed and adopted by the Judge. Oct. 1852; Ord. 52.) RULE 55. Filing of certificate and accounts. RULE 56. Filing of cer tificates of same Chief Clerk which require (16th no signature by Judge. RULE 57. Register of 57. A register shall be kept of all proceedings in the Judge's Chambers, with proper dates, so that all the pro- proceedings. ceedings in each cause or matter may appear consecutively and in chronological order, with a short statement of the questions or points decided or ruled at every hearing. (16th Oct. 1852; Ord. 54.) 58. Any Judge of the Court whose Chambers may be open for business during any vacation may issue sum RULE 58. Issuing sum Proceedings in ORD. XXXV. Monses for the purpose of any proceeding before any other Chambers. Judge at Chambers after the vacation. (1st June 1854; monses in the Ord. 2.) vacation. adopting cer Clerk of an other Judge, of decree or order of another Judge. 59. In the interval between the close of the sittings after RULE 59. any Term and the commencement of the sittings before or Signing and at the beginning of the next ensuing Term, any Judge of tificate of Chief the Court may sign and adopt any certificate made by the Chief Clerk of any other Judge; and decrees or orders and prosecution made by any Judge of the Court may be prosecuted at the Chambers of any other Judge by his permission; and in case the prosecution thereof shall not be completed during such interval, the prosecution may be continued at the Chambers of the same Judge, if and so far as he shall think fit. In all cases in which any Judge signs and adopts a certificate made in pursuance of a decree or order made by any other Judge, it shall be expressed that he does so for such other Judge; and such certificate shall in all future proceedings be deemed to be signed and adopted by the Judge for whom it is signed and adopted, save that no application to discharge or vary such certificate shall be made to the Judge for whom the same is signed and adopted, without the consent of the Judge by whom it has been signed and adopted; and the Judge by whom it has been signed and adopted shall have the same power to discharge or vary the certificate as he would have had if it had been made RULE 60. Scandal. RULE 61. Judge in Chambers in pursuance of a decree or order made by himself. (26th July 1853.) 60. If any party wishes to complain of any matter introduced into any statement, affidavit, or other proceeding before the Judge in Chambers, on the ground that it is scandalous, he shall be at liberty to take out a summons for the Judge to examine such matter, and the Judge may cause any such matter which he shall deem to be scandalous to be expunged. (3rd April 1828; Ord. 73.) 61. All other powers and authorities which at the time of the passing of the Stat. 15 & 16 Vict. c. 80, were exercisable to have powers by the Masters in Ordinary of the Court of Chancery, under of the Masters. or by virtue of any general order or orders of the Court, |