from time to time upon passing their accounts be also continued. Gibson v. Lord Montfort, 25th June, 1750. Reg. Lib. A. 1749, fol. 583. S. C. 1 Ves. 485. Ambl. 93.

For direction for continuing consignee. See Equity Draftsman, 663.

NOTES.

(1) The appointment of a receiver made previously to a decree will be superseded by it, unless the receiver is expressly continued. Gibson v. Lord Montfort, supra.

So in the case of an injunction. See Decrees respecting Injunctions, No. X. ante.

(2) Since the general orders for receivers accounting [See No. I. Note (7), ante.] this direction has become unnecessary.

No. XI.

ORDER FOR PASSING ACCOUNTS OF DECEASED RECEIVER, AND APPOINTMENT OF NEW RECEIVER.

This Court doth order that the said Ann Burgess, the administratrix of James Giblett, deceased, the receiver appointed in this cause, do pass the accounts of the said James Giblett, as such receiver, before Mr. F. the Master to whom this cause stands transferred. And it is ordered, that the said Robert Burgess and Ann Burgess his wife, do pay what the said Master shall certify to be due from the said James Giblett on the balance of such account, into the Bank, with the privity &c. [See Usual Directions, No. X. ante.] And upon such payment being made, it is ordered that the recognizance entered into by the said James Giblett and John Feetham and Thomas Feetham, his sureties, be vacated (1); and for that purpose the proper officer is to attend the Right Honourable the Master of the Rolls with the record of the said recognizance. And it is ordered that it be referred to the said Master to appoint a proper person to be receiver of the tithes, rents,

issues, and profits of the said rectory of Elvetham, in the said county of Hants, in the pleadings of this cause mentioned, in the room and stead of the said James Giblett &c. [See No. VIII. ante.] Littleboy v. Spooner, V. C. 14th June, 1826. Reg. Lib. B. 1825. fol. 1516.

NOTE.

(1) See Discharge of Receiver, No. I. Note (4). ante.

ORDERS RESPECTING SOLICITORS.

No. I.

ORDER FOR DELIVERY AND TAXATION OF SOLICITOR'S BILL. (1)

It is ordered, that they (Messrs. T. M. and R. T.) do in a fortnight after notice hereof deliver (2) unto the petitioner a bill of all such fees and disbursements as they claim to be due to them in these and all other causes and matters wherein they have been concerned as the attornies or solicitors of the petitioner. And it is ordered that it be referred to Mr. S. one &c. to tax such bill. And it is ordered that the said T. M. and R. T. and also the petitioner do produce before the said Master upon oath, as the said Master shall direct, all books, papers and writings in their custody or power respectively relating to such bill, or any of the items or charges therein, and be examined (3) upon interrogatories touching the same, or otherwise as the said Master shall direct. And it is ordered that the petitioner pursuant to his said submission (4), do pay to the said T. M. and R. T. what shall appear to be due to them on such taxation. And on payment thereof (5), or in case such bill shall appear to be already paid, it is ordered that the said T. M. and R. T. do deliver to the petitioner upon oath all deeds, books, papers and writings in their custody or power belonging to the petitioner. And if upon such taxation it shall appear that the said T. M. and R. T. are overpaid, it is ordered that they do refund (6) and repay unto the petitioner what shall appear to be so overpaid. And it is ordered, that all proceedings at law in respect of the said bill be stayed until after the said Master shall have made his report. Gard

ner v. M. of Townshend, M. R. 31st January, 1815. Reg. Lib. B. 1814. fol. 207.

For like orders. See Hand's Pract. 242. 244. 247. Equity Draftsman, 612.

For like orders in the Exchequer. See 2 Fowl. 461. 274.

For order for enlarging time for delivery of bill. See Hand's Prac.

249.

For order for extending former order for taxation. See Hand's Prac. 250.

For order for reviving order for delivery and taxation &c. by executors of client. See Hand's Pract. 252.

For orders for payment of costs of taxation. See Hand's Prac254. 257. 2 Fowl. 465.

For Master's certificates of taxation. See Hand's Pract. 267. 268.

NOTES.

(1) Although bills have been filed by solicitors for their fees, it seems that there are no instances of decrees in such suits. See Barker v. Dacie, 6 Ves. 685. 687.

In Sayers v. Walond, 1 S. & S. 97. the Vice Chancellor refused to make an order for taxation on the petition of the solicitor. And see Beames on Costs, 293. But see Gilb. For. Rom. 207. Harr. 360.

(2) Delivery of Bill.

The delivery of the bill and taxation may be ordered at the same time. See Beames on Costs, 266. Gardner v. M. of Townshend, supra.

Otherwise at law. See Beames on Costs, supra. Tidd's Prac. 99.

(3) Examination of Parties.

The order for taxation usually authorizes the Master to examine the parties. Gardner v. M. of Townshend, supra. And see Beames on Costs, 283. Drapers' Company v. Davis, 2 Atk. 295. Wilson v. Williams, Barn. 263. Temple v. Horne, M. R. 30th Oct. 1746. Reg. Lib. B. 1746. fol. 5. Stapleton v. Scarlet, M. R. 19th Nov. 1747. Reg. Lib. B. 1747. fol. 14. Aubrey v. Popkin, No. III. post.

(4) Submission to pay.

Previously to the statute 2 Geo. II. c. 23. s. 23. it seems that in equity, as well as at law, the client could not compel taxation without bringing the amount of the bill into Court. See Beames on Costs, 258. But by that statute taxation is to be ordered upon a submission to pay what shall appear to be due, without any money being brought into Court.

(5) Lien of Solicitor on Papers.

In Clutton v. Pardon, Turn. 304. the Lord Chancellor refers to the terms of this part of the order, as proving the lien of the solicitor upon the papers of the client.

For the lien of the solicitor on papers. See Beames on Costs, Tidd's Pract. 100.

320.

(6) Refunding.

By the statute 2 Geo. 2. c. 23. s. 23. the overplus if any is to be refunded.

No. II.

ORDER FOR LEAVE TO FILE EXCEPTIONS TO MASTER'S REPORT ON TAXATION OF COSTS.

Upon the humble petition of Thomas Skipp, this day preferred unto the Right Honourable the Lord High Chancellor &c. shewing (among other things) that by an order of the 9th day of June last, it was ordered that &c. That the said Master has taxed the said petitioner's said bill, but on such taxation has disallowed all the said several above-mentioned charges of &c. whereas the petitioner is advised that the said Master ought to have allowed all the said charges. That the said Master, on the 8th day of July inst. made his report on such taxation. It is ordered, that the said petitioner be at liberty to file exceptions to the said Master's said report, for his disallowance of the said several charges above-mentioned, to be comprised in the petitioner's said bill of costs; of which notice is forthwith to be given. Skipp v. Harwood, 9th July, 1748. Reg. Lib. B. 1747. fol. 391.

NOTE.

An exception does not lie to the Master's report as to costs; but