No. V.

SEPARATE REPORT.

And let the Master be at liberty to make a separate report as to any of the matters aforesaid.

NOTE.

It seems that formerly a separate report was commonly granted for asking, at the expense of the party applying. See Harr. 478. And now by Lord Lyndhurst's orders, 70. 2 Russ. (Appendix), 24. It is ordered, that in all matters referred to him the Master shall be at liberty, upon the application of any party interested, to make a separate report or reports, from time to time, as to him shall seem expedient; the costs of such separate reports to be in the discretion of the Court.

In the Exchequer a separate report is not allowed, except to expedite proceedings; nor on account of distinct matters, as they may be kept distinct by the general report. Hare v. Bruford, 13 Price, 277.

Proceeding de die in diem.

Where the circumstances of the case require it, the Master will be ordered to proceed de die in diem. See Gilb. For. Rom. 165. For an order for this purpose, see Hand's Pract. 161.

In Lingham v. Sturdy, 5 Ves. 423. the Master of the Rolls observed, that the order was unnecessary; and that the Master might, and that it was his duty to proceed, without an order, where the case required it. But in Purcell v. M'Namara, 11 Ves. 362. the Lord Chancellor held that an order was necessary, but that it was not imperative upon the Master; and that he might avail himself of it, or not, as the case required.

In decrees in the Exchequer the Master is directed to make the report with all convenient speed. See Directions for Decree in the Exchequer, No. III. ante.

No. VI.

DIRECTION FOR SALE OF ESTATES.

It is ordered that the said estates, or a sufficient part thereof, be sold, with the approbation of the said Master (1), to the best purchaser or purchasers that can be got for the

same, to be allowed of by the said Master, wherein all proper parties are to join, as the said Master shall direct. And in order to such sale, the parties are to produce (2) before the said Master upon oath, all deeds and writings in their custody or power relating to the said estates.

For orders nisi, and to confirm report of purchaser absolutely. See Hand's Pract. 143, 144.

For the like orders in the Exchequer. See 2 Fowl. 308, 311. For orders for letting purchaser into possession, and delivery of title deeds. See Hand's Pract. 145, 146. 148. 151. 154.

For like order in the Exchequer. See 2 Fowl. 313.

For order for delivery of deeds, where deeds relate to the estates sold jointly with other estates said to be settled by Lord Hardwicke. See Hand's Pract. 152.

For certificate of payment of purchase money. Pract. 272.

See Hand's

For certificates of delivery of title deeds. See Hand's Pract. 266. 267.

For order for opening biddings. See Hand's Pract. 141.

For certificate of payment of deposit. See Hand's Pract. 271. For order by consent for discharging purchasers, and for a re-sale. See Hand's Pract. 153.

NOTES.

(1) For mode of sale. See 1 Turn. Pract. 213.

By Lord Lyndhurst's orders, 75. 2 Russ. (Appendix) 25. It is ordered, that in cases where estates or other property are directed to be sold before the Master, the Master shall be at liberty, if he shall think it for the benefit of the parties interested, to order the same to be sold in the country, at such place and by such person as he shall think fit.

Leave will be given to the Master to fix a reserved bidding, Shaw v. Simpson, 1 J. & W. 392. note; and see Jervoise v. Clarke, 1 J. & W. 389.

For order for sale by auction. See Equity Draftsman, 630.

(2) The production should also be subject to the direction of the Master, Gregory v. Barefoote, (Appendix (1). Wride v. Clarke, Appendix (1). And see Production of Books, &c. ante.

APPENDIX (1).

Direction for Production limited.

It is ordered and decreed that the said intestate's real estate, or a sufficient part thereof, be sold, &c. And in order for such sale, the parties are to produce before the said Master, upon oath, all deeds and writings in their respective custody or power relating thereto as the said Master shall direct. Gregory v. Barefoote, M. R. Nov. 23, Reg. Lib. A. 1747. fol. 101.

1747.

The like direction.

Wride v. Clarke, M. R. July 1, 1766. Reg. Lib. B. 1765. fol. 464. S. C. 2 Bro. 261, note. 1 Dick. 382.

No. VII.

DIRECTION TO SETTLE CONVEYANCE, &c. IN CASE PARTIES DIFFER.

And the said Master is to settle the said conveyances, in case the parties differ about the same.

NOTE.

For the mode of proceeding under this direction, see Lord Lyndhurst's orders, 76. 2 Russ. (Appendix) 25. and order for costs of settling conveyance. Hand's Pract. 208.

Exceptions lie to the Master's certificate of having settled a conveyance, Lloyd v. Griffith, 3 Atk. 264.

And in order that the party may except, the Master will be ordered to certify. Lloyd v. Griffith, 1 Dick. 103. Huggins v. York Buildings Company, there cited.

No. VIII.

DIRECTION FOR PAYMENT OR TRANSFER BY PARTY.

It is ordered, that the said defendant do pay unto the plaintiff the sum of £

NOTE.

The direction by the decree for doing any particular act is usually general in the first instance, without specifying any particular time for compliance.

Otherwise in the case of an interlocutory order. See Direction for Payment into Court, No. X. post.

Sometimes it is referred to the Master by the decree, to fix a time and place for compliance. See Gilb. For. Rom. 170. Lowther v. Andover, 1 Bro. 396. And see Decrees respecting Mortgages, post ; Decrees respecting Partners, post; and Decree for securing Annuity Real Assets, post.

Sometimes it is referred to the Master by a subsequent order. See Urmston v. Singleton, Appendix (1).

But of late a time for compliance is usually fixed by a subsequent order, called the "Short Order."

See Short Order, post.

APPENDIX (1).

Order for Reference to Master to fix Time, &c.

Upon opening of the matter this present day unto the Right Honourable, &c. by Mr. B. of counsel with the plaintiffs, It was alleged that, &c. that upon the hearing of this cause, the 24th of July, 1747, it was (among other things) decreed that the said agreement should be carried into execution, and that it should be referred to Mr. E. one, &c. to inquire whether a good title could be made by the plaintiffs, &c. That the said master by his report, dated the 4th of March, 1747, certified that a good title could be made by the plaintiffs, &c. That by a subsequent report of the 14th of June last the Master certified that he had computed interest, &c. and that he had settled the conveyances. That the plaintiffs, finding that the defendant is not able to pay the said money, are unwilling to execute the deeds, and thereby convey the estate to him; and in regard no time or place is fixed by the decree for payment of the said purchase money: It was, therefore, prayed that, &c. Whereupon, and upon hearing of Mr. A. of counsel with the defendant, and what was alleged, &c. his Lordship doth order that it be referred to the said Master to appoint a time and place for the execution of the purchase deeds, and payment of the purchase money. And it is further ordered, that the plaintiffs do execute the purchase deeds at the same time and place; and at the same time, on execution of those deeds, the defendant is to pay the plaintiffs the purchase money. Urmston v. Singleton, L. C. 23d July, 1748. Reg. Lib. B. 1747, fol. 404.

No. IX.

SHORT ORDER.

Upon motion this day made unto this Court by Mr. N. of counsel for the plaintiff, it was alleged, that by a decree made in this cause, bearing date, &c. It was ordered, that the defendant should pay unto the plaintiff the sum of £ together with interest thereon after the rate of, &c., and that it should be referred to Mr. C. one &c., to compute such interest, in case the parties differed about the same. And it was ordered, that the said defendant should pay unto the plaintiff her costs of this suit, to be taxed by the said Master, in case the parties differed; and any of the parties were to be at liberty to apply &c. That the said Master, by his report, dated, &c. certified &c. That it appears, by the affidavit of E. A., that, by virtue of a power of attorney, &c. he did, on, &c. personally demand, &c. And therefore it was prayed that the said defendant, Richard Crump may, within one month from the date hereof, pay to the said plaintiff the sum of £ by the said Master's report made in this cause, dated &c. certified to be due from the defendant to the plaintiff, for principal and interest on the legacy in the pleadings in this cause mentioned, which, upon hearing the said decree, dated &c., and the said Master's report, dated &c. and an affidavit of notice of this motion to the plaintiff read, is ordered accordingly. Collins v. Crump, V.C. 19th June, 1818. Reg. Lib. A. 1817, fol. 1301. S. C. 3 Mad. 390.

For like orders. See Hand's Pract. 180. 182.

No. X.

DIRECTION FOR PAYMENT OR TRANSFER INTO COURT. (1)

It is ordered that the said defendant do pay (2) the sum of £— (3) into the Bank with the privity of the AccountantGeneral (4) of this Court, to the credit of this cause (5), subject to the further order of the Court.