rected. The order appointing him directed it to be paid from time to time. The Master reported upon his accounts, that he found several sums to have been received in October and December 1804, and retained to the end of 1806, when he made a payment. The Master disallowed his claim of one shilling in the pound for his salary, and submitted whether interest should not be paid for each sum from the time it was received. Lord Eldon confirmed the disallowance of the salary, but decided that as this receiver was not like one of the rents and -profits, who was recognized to pay in annually, that he should not be charged with interest from the time the money came to his hands, but like an exccutor, having regard to the circumstances of the retention." 66 "A receiver not paying in at the proper period, may either Davis v. be moved against for a commitment, or his bond may be put 14 Vesey, Craycraft, in suit." 141. 1 Collinson, The decisions of the court are equally rigorous with regard to committees, though there is no general rule similar to the above relating to receivers. "The balances remaining in 304. the committee's hands, after passing his accounts, ought in general to be laid out in the purchase of bank 3 per cent. consolidated annuities in trust to the matter of the lunacy." "The committee of a lunatic upon paying his accounts for several years together, applied for costs. Lord Thurlow,— Ex-parte Clark, 1 Vesey, Jun. 296. sey, jr. 156. I will not give him costs. If a committee desires costs, he must pass his accounts regularly as he ought. The negligence of a Committee, in not passing his accounts regularly is alone a reason upon which I will always refuse him costs." "Petition by a committee to pass his accounts before a Mas- Ex-parte ter. Lord Chancellor,-The thing has run into so much Cattan, 1 Veabuse lately, that I will never suffer a committee to pass his accounts without referring it to a Master to see what sums of money he has had in his hands from time to time. not allow a committee to keep money in his hands without paying interest for it. Therefore let that inquiry be made." "Petition to pass accounts.-The Master had reported Ex-parte above £2000, savings from the personal estate made by the 1 Vesey, jr. lunatic's brother the petitioner before the commission was tak- 156, en out. I must Lord Chancellor,-He means to pay interest I suppose. Chumley, In Matter of 305. The interest given is 4 per cent. "The committee having preferred his petition to pass his in 1 Colinson, accounts for several years together, Lord Thurlow directed the Master to make annual rests, and compute interest on the balances appearing due from the end of each year to the date of his report, at the rate of 4 per cent. per annum. 127. Sheldon v. Where the whole income is allowed for maintenance the Fortescue, 3 P. Wms. 105, committee is not compelled to account, unless fraud appear. Ex-parte "In a case where the surplus, after retaining the annual Pickard, 3 allowance was not sufficient to bear the expense of annually Vesey & B. accounting, being but £8. On petition it was ordered that the sum annually received by the committee might from time to time when received, be paid into the bank, (the amount to be verified by the affidavit of the committee and that the order directing the committee to pass his accounts annually, be dispensed with." 2 Sch. and Appendix. Such are the regulations of the court upon this subject in England. In Ireland, Lord Redesdale appears to have taken it into very deliberate and anxious consideration, and has framed a rule of great utility, and admirable precision. This rule extends to guardians, receivers, and committees, Lefroy, 732. appointed in any manner whatever. Its provisions are these in substance. After reciting that several such persons have neglected to account, and that many instances have of late appeared, of gross misconduct and neglect, as well in such persons, as in their solicitors, and solicitors for minors and others, who ought to have taken care that such accounts were duly passed, whereby great loss has happened to the parties interested, and the securities have been put in hazard, and in some instances have been obliged to pay for the default of their principals, and considerable costs have been incurred, it directs, that the Masters in whose offices such persons ought to account, do take care, that they be required to account from time to time at the direction of such Masters, according to the circumstances of their respective cases, and the value of the property; and such accountable persons shall account at the times of the Master shall so direct. That the Masters make lists of all accountable persons in their respective offices, the nature of their appointment, time of their appointment, and time to which they have accounted, the securities, and the balances in hand, if any, on their last passing their accounts. That if the Master deems any person should account, he may, of his own authority, or at the instance of any person he shall think competent to apply to him touching the same, issue a summons to the accountable person, requir ing him to account within a certain period, limited in such summons; and shall direct it to be served by such person's solicitor or agent in the matter, or if he cannot find him, or think him not likely to proceed diligently in compelling the account, the Master may direct the summons to be served and proceedings to be taken, by any other solicitor; that if such person do not duly account, upon the Master's certificate of such default, an attachment shall issue against him as of course; and if the Master shall so direct, the recognizance shall forthwith be put in suit. It further directs, that lists of all accountable persons should be put up in the Chancery office, to apprize the sureties of the hazard they incur. That the Masters in passing receivers' accounts inquire into their diligence in the office, and if neglectful, do not allow them poundage, or moderate the allowance; or if guilty of delay in accounting, the Master may refuse to allow his costs or poundage, or may report the matter specially with his opinion thereon; that the court may order costs, or discharge him, as circumstances require." The evils arising from a neglect to call such persons frequently to account, and requiring the payment of their balances, are strongly displayed by Lord Elden. "Motion to discharge a receiver, and that he should pay interest on the balances in his hands. Fletcher v. Dodd, was Vesey, 72. cited. “Lord Chancellor,—I am glad to find Lord Thurlow has stated, what is expressed in the case cited. I will have receivers know, that if they do not pass their accounts, they shall always pay interest. I have been informed by several of the Masters that this ease has frequently happened. A receiver passes no account during the whole minority; and just when the infant becomes adult, tempts him with a large balance. An amicable bill is filed. The young man consents, and so the receiver passes no account whatever, pays over the balance, and pays no interest." Jolland, 8 274. In Potts v. Leighton, Lord Eldon makes similar remarks. 15 Vesey, The passing of accounts is in our state very much neglected, and the rule itself is not sufficiently strict to ensure the safety of the fund. In effect it is merely an advantage to the accounting party, by stating an account for him, frequently under the inspection of a Master, which probably can only be surcharged and falsified afterwards. It is not in any manner serviceable to the objects of the trust. It is not brought before the court V. by an adverse party. The court in almost every case, is entirely ignorant of the state of the account, and the balances remain in the party's hands, subject to the peril of a change in his circumstances, or his misapplication. If it is found so important to press such accounting parties with great vigilance in England, where the recognizance binds all the lands of the cognizor from its inrollment; much more essential is it here, where this security does not exist, where the facilities of passing property out of the reach of creditors are so great, and where the fluctuations of responsibility are so rapid. It may be suggested whether a set of rules similar to the following would not be beneficial. That the order made, and the recognizance entered into, upon the appointment of every guardian, committee of lunatics, and receiver, should contain a provision, that he account (annually, or every two or three years, according to the amount of property) and pay in the balances in his hands, or such part thereof as the court shall direct. That the guardian, &c. account in the office of the Master, by whom they were approved of, except otherwise specially directed. That the Master appointing a guardian, &c. shall at the expiration of every year, (or other time according to the period fixed for accounting) issue a summons requiring such guardian, &c. to produce and prove his accounts before him, at a certain time to be fixed in such summons, and direct the same to be served upon the party by a solicitor to be chosen by the Master, not being the Solicitor prosecuting the appointment.(a) That notice of the time of passing the accounts be given to such persons, as would be entitled to a distributive share of the lunatic's or infant's estate, if he were dead intestate, or in the case of a receiver, to the parties in the cause, and also to the sureties of such accounting party. That after the accounts are passed, the guardian, &c. pay in their balances, or so much thereof as the Master reports should be paid in, within a time to be fixed in the report for (a) This differs from the rule of Lord Redesdale. He directs the Master to require the proper solicitor or agent of the accountable party, to conduct the proceeding, unless he deem that such solicitor will neglect the duty, when he may select another. This discretion may be very proper in England and Ireland, where the Masters are honourably independent of the favour of solicitors, and receive their business immediately from the court. But in the situation of Masters here, it would be imposing a duty upon them, too often conflicting with their interests, to be exercised decisively. such payment, after service of an order entered thereupon; and that, upon filing the report, an order may be entered requiring the payment, according to the direction of the report. The rule of our court does not require that the accounts of guardians, &c. should be examined and passed by a Master, directing only that they shall exhibit to the court, and file with the register, &c. an account of their trusts. It is a general practice however to pass them before a Master. This proceeding is ex-parte, though the Master may summon the next of kin, or parties in the cause, if he deem it proper. The Master examines the party, or receives sufficient evidence of the items of the account, and reports the amount of disbursements, of receipts, and the balance. The accounts are sometimes stated by the guardian, &c. and filed without any examination by a Master, and of course without the privity of the court. I cannot perceive of what use this mode can be, even to the accounting party himself. It cannot obviate the necessity of treating his accounts as entirely open upon a final settlement; whereas if he passes them regularly before a Master, who examines him upon oath, and inspects his vouchers, and reports that he has done so and is satisfied, I should think the court would afterwards treat it as a stated account, and only give leave to surcharge and falsify. This would unquestionably be the case, if the parties interested had been summoned to attend according to English rules. And perhaps even against an infant himself, it would be considered as a settled account. 1 Ball and In the case of Dawson v. Massey, the bill was filed among Beatty, 219. other things to have the accounts of a guardian opened as fraudulent; that the plaintiff might be at liberty to surcharge and falsify, specifying errors. The guardian had passed five accounts during the minority, which it appears were passed in the court of chancery. The bill was by the ward on arriving at age. |