When appeal or rehearing is necessary, 17. Decree cannot be added to nor discharged
on motion, 17. Appeal and rehearing how distinguished from each other, 18. Cause
cannot be reheard on minutes, 18. Nor after the decree has been enrolled, 18.
How it may be varied, 18. From what Courts an appeal or rehearing lies, 19. By
an infant, 20. Not against a decree by consent, 20. Appeal or rehearing for costs,
20. How decree taken by defendant's default in not appearing at the hearing is
varied, 22. How decree taken pro confesso varied, 22. An appeal may be prose-
cuted in forma pauperis, 25. Granting a rehearing is in the discretion of the Court,
26. How many rehearings and under what circumstances, 26. Petition of appeal,
how drawn and proceeded with, 26. How set down, 30. Hearing of, 30. What
evidence admissible, 32. Deposit and costs of appeal or rehearing, 34. Appeal
motion, 35. Appeal petition, 36. Appeal from an order allowing or disallowing a
demurrer or plea, 38.
When requisite, 39. What necessary to enable a party to appeal direct to the House
of Lords, from a decree of the Master of the Rolls, or of the Vice Chancellor, 39.
From what orders appeals to the House of Lords lie, 40. Appeal for costs to the
Lords, 40. Who may appeal, 40. Effect of appealing against one part of a decree,
41. Time allowed for presenting appeal, 41. How petition of appeal prepared, and
prayer of, 42. Must be signed by two counsel, who must certify, 43. Petition
copied on parchment, 43. What preliminary notice is necessary, 43. How petition
presented, 43. Recognizances to answer costs, 44. Answer of respondent, and in
default exparte hearing, 44. Proceedings by respondent, 44. Printing case and
appendix, 44. Hearing appeal, 45. Evidence on the hearing, 46. Effect of no one
appearing for the appellant, 46. Objection for want of parties, how taken, 46. How
judgment of the House of Lords carried into execution, 46. Cross appeal-abatement
of appeal, 47. Decree not to be altered pending appeal to the Lords, 47.
error apparent, 52; how this bill drawn, 52; prayer of and how filed, 52; how pro-
ceeded with, deposit, 53; effect of on the execution of the decree, 54; to entitle a
party to file this bill he should have obeyed the decree, 54; where obedience to the
decree may be dispensed with, 54; and how, 55; how defendant's appearance enfor-
ced, 56; how bill defended, 56; how suit prosecuted and decree varied, 56. Bill to
reverse decree on new facts, 57. Requires the leave of the Court before it can be filed,
57. When it may be brought, 57. Petition for leave to file same, and affidavit in
support, 57. The matter must not only be new but material, 57. What the new
matter must prove, 58. Need not be confined to points in issue in the original cause,
59. Within what time the evidence must have come to knowledge of the plaintiff,
61. Order made on petition, and what deposit ordered, 63. Defence to, 63. Remedy
where decree not signed and enrolled, and the error is apparent, 64. Where not
apparent but on new matter, 64. Supplemental bill in the nature of a bill of review,
64. Proceedings on, 64. Must be accompanied by a petition, 67.
When directed, 74. Not on motion, 76. At whose instance, 76. Decree or order,
directing same, 76. Special directions contained in same, 76. Where usually tried,
79. How proceeded on-if defendant neglect to name attorney, 80. How issues
settled, and when by the Master, 80. Special jury, 81. Issue pro confesso, 81. Order
directing should, if objected to, be reheard without loss of time, 81. Trial of, and
further directions, 83. New trial, 83. On what grounds granted, 84.
for, must be to this Court, and how made, 86. And before whom, 87.
for judge's notes, 88. Hearing motion for new trial, 88.
How the decree is referred to the Master, 96. If the plaintiff neglect to refer same,
what steps necessary, 97. Warrant to consider the decree, 98. Object of, 99.
Principles regulating the Master's decision as to rights of parties to attend, 100.
General proceedings in the Master's office, 103. Warrants, 104. Service of, 105.
All warrants peremptory, 106. Attendance on, 106. Effect of neglecting to attend,
107. Warrant on leaving further evidence, 107. Proceedings de die in diem, 108
Where same solicitor employed for two or more parties, 108. Effect of party neglect.
ing to proceed, 108. Advertisements, for what inserted, 109.
Formerly the only mode of examining a party, 122. When necessary, 122. What
parties may examine each other, and when examination is evidence, and against
whom, 123. How prepared, where left, and how settled and proceeded with, 123.
Further interrogatories, 124. Examination of a creditor, 126. Exceptions to allow-
ance of interrogatories, 126.
Proceedings to compel a defendant to put in his examination, 127. Certificate of default,
motion for order nisi for serjeant-at-arms, 128. Order absolute, 129. Order nisi
against a feme sole who afterwards married, 130. Proceedings upon a serjeant-at-
arms, 130. Proceedings to compel a peer, member of parliament, or corporate body,
to put in examination, 131. Resuming process after insufficient examination, 132.
How examination prepared, 132. Time to put in examination, 132. Further time,
132. If examination reported insufficient, what examinant should do, 133. Signa-
ture of counsel, 134. How examination taken, 135. May be referred for imperti-
nence or insufficiency, 136. Proceedings on such reference, 136. Exceptions to
Masters' reports of insufficiency or sufficiency, 137.
What necessary to found the evidence upon, 138. General rules of evidence same as
at law, 139. How proceedings in the Master's office are supported, 139. By evi-
dence in the cause, 139. By the examination of a party by affidavit, or examination
of witnesses, 140. Right to read affidavits, 140. Re-examination of the same wit-
ness after decree, 142. When allowed, and when not, 142. Other witnesses may
be examined to the same point, 144. The same witness may be examined by other
parties under circumstances, 145. What application necessary for liberty to re-exa-
mine a witness, and order for, 146. The interrogatories are settled by the Master,
146. How an irregular re-examination discharged, 146. Examination of a party as
a witness, 147. Examination of witnesses vira voce, 148. Allowed by the 69 N. O.,
148. The practice before the Orders of 1823, 148. How far the examination bene-
ficial, 149. How taken, and steps preliminary to, 149. After what time not allowed,
Producing and leaving deeds, books, &c. 155. How compelled, 155. Discretionary
with Master whether to be only produced or to be left, 156. Affidavit made on
leaving same, 157. Master's certificate of books left, ditto of default, 157. Separate
report, 158. Under 70th and 71st N. O., 158. Warrant to show cause, 159. Inten-
tion and effect of this warrant, 159. Warrant on preparing report, 160. Effect of
this warrant, 160. Reports and certificates, 161. Draft report, 163. Settling same,
163. Warrant to sign, 164. Objections to report, 164. Necessary before exceptions
can be taken, 164. Variation from the rule, and reason of the distinction, 165. How
objections prepared, and how proceeded on, 166. Consequence of their being dis-
allowed or allowed, 166. Excepted cases under special circumstances, 167. Objec-
tions by one not a party to the suit, 167.
Directions in the order, 168. Special directions if the estate encumbered, or if a party
to the suit desires to bid, 169. For reserved bidding, 170. Or to appoint a person
to bid, 171. Where chattels to be sold, 171. If estates wished to be sold in the
country, 171. Proceedings on the decree for, 172. Advertisement, 172. Particu-
lars and conditions of sale, 173. How intituled, 173. And what they should contain,
174. Lotting the property, 174. Conditions of sale where title defective, 174.
Where timber on the estate, 175. Where title deeds cannot be delivered up, 175.
As to forfeit of deposit and resale and other conditions in case of a bad title, or mis-
take in description, 176. Provision for expenses of confirming report, and paying
in purchase-money, 177. Reserved biddings, 177. How particulars and conditions
of sale settled, 177. Where wished that property should be sold in the country, 177.
Reserved biddings, 178. The sale, fixing day of, and peremptory advertisement, 179.
How sale conducted, and the manner of taking the biddings, 180. Fees payable on
a sale to the Masters, 181. If a person appointed by the Master sells, how sale is
conducted, 182. Affidavit made by, 183. If any lots remain unsold, 184. Master's
report allowing the purchaser, 184. Report filed and confirmed by orders nisi, 185.
And absolute, 186. Completion of purchase, 187. Until what time biddings may
be opened, and when prudent to commence an investigation of title, 188. Abstract
and examination of, 188. Notice of motion to pay in purchase-money, 188. When
contract considered complete, to fix purchaser with loss, &c. of property, 188. Who
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