References are to pages. BILL IN CHANCERY evolution of; its origin, 107-111. is but petition to the king's deputy, 107, 108. early bills consisted of six parts: introduction, 118, 119. stating or narrative part, 119. absence of other remedy, 120, 121. prayer for process, 121, 122. prayer for remedy, 122-126. petitions to the king and his council consisted of same principal in former years was but a petition to the king, 107–124 allegations of, not traversed by answer, 487. burden of proof in case of, 487. bill against witchcraft, 89. BOOKS AND PAPERS (see HEARING IN THE MASTER'S OFFICE) production of, power of court to compel, 272, 273. warrant to produce, 274, 275. duty of party upon service of warrant, 276. affidavit on leaving books and papers, form of, 276. master's discretion, 277. English Order of 1828, No. 60, 277. New York Chancery Rule No. 103, 228, 278. United States Equity Rule No. 77, 228. books in daily use, inspection or production of, 278, 279. issues must be made and books required as evidence, 279. what necessary to justify compelling production, 281. form of subpoena duces tecum, 287. better to proceed under order of court, and why, 286. failure to produce, effect of, 288. certificate of default in not producing, 290. when voluminous tabulated statements of, should be made and used BRADLEY, MR. JUSTICE (Of the Federal Court) on the rights of defaulted defendants in the master's office, 291. BREWER, MR. JUSTICE (Of the U. S. Supreme Court) on the wholesomeness of the doctrine of laches, 588. BRICE, A. G. (Master in Chancery U. S. Circuit Court, New Orleans, La.) — - BRICKELL, CHIEF JUSTICE (Of the Supreme Court of Alabama)· brief of appellant, points made, authorities relied upon, 811, 813, 814. argument, 812, 813, 815. brief on part of appellee, 812, 814, 815. points to be kept constantly in mind in making, 822. some means must be adopted for presentation of facts, 816. importance of rule requiring, 822. brief of authorities; object and importance of, 823. errors relied upon: every error relied upon must be pointed out in opening brief, 824 argument, third and last part of brief, 825. citations of authority, 825. reports, great fountain or source of legal principles, 825. citation of authorities; importance of selection of, 828. loose and indiscriminate citation of, condeinned, 828. should be carefully examined before citing, 829. Mr. Justice Cartwright on, 829. prolixity of citations condemned, 828, 830. be honest in your citations, 831. preservation of briefs, 832. Daniell's Chancery Practice, what edition should be cited, and why, BRINGING THE DEFENDANT INTO COURT (see DEFENDANT; SUB- letters missive, 132, 133. form of, 133. first appeared in time of Elizabeth, 134. BURDEN OF PROOF. See ACCOUNTING IN THE MASTER'S OFFICE; MAS- BURROUGHS, MR. JUSTICE (Of the Appellate Court of Illinois) — on the duty of the upper court where the lower court sets aside the in such a case the upper court will not hesitate to sustain the master CALIFORNIA - C. rule governing hearing before masters, 296. notice of judicial sale, what it must contain, 872. see MASTERS' SALES. CAMDEN- origin of the terms "chancellor" and "chancery,” 15, 16. on master of the rolls, 29. on great seal, 102, CAMPBELL, MR. JUSTICE (Of the Supreme Court of Michigan) - on origin of references to masters, 47. transfer of great seal from Warham to Wolsey, 20. CARTWRIGHT, MR. JUSTICE (Of the Supreme Court of Illinois) — on briefs and brief making, 809, 810, 820. on importance of brief of authorities on appeal, 823. on loose method of citation of authorities, 829. on prolixity in citation of authorities, 830. CAVENDISH- his description of Lord Chancellor Wolsey and his manner of living, 26-28. References are to pages. -- CERTIFICATE OF EVIDENCE (see PROCEEDINGS IN UPPER COURT) – definition of, 555-558. CERTIFICATE OF SALE. See MASTERS' SALES. CHANCELLOR, LORD. See LORD CHANCELLOR. CHANCERY, COURT OF — - its early officers, see LORD CHANCELLOR; MASTER OF THE ROLLS; location of court of, at first migratory, 143. always open, 144. CHAMBER OF MARCOLF. See PRIVY COUNCIL CHAUFFWAX— "wax heater," an officer who assisted the lord chancellor in sealing, 106. on matters to be taken into consideration in fixing the master's com- CIRCUIT COURT COMMISSIONERS (see MASTERS IN CHANCERY) — Mr. Justice Cartwright on, 830. CLERK AND MASTER. See MASTERS IN CHANCERY. --- -- CLERK UNITED STATES CIRCUIT COURT (Ft. Smith, Ark.) — CLERK'S CERTIFICATE TO RECORD (see PROCEEDINGS IN THE UPPER COURT) - form of, 798. CLIFFORD, MR. JUSTICE (Of the Federal Court) — on the proper time to correct irregularities in the master's office, 451. CLYFF, WILLIAM DE, AND ROBERT DE BARDELEY- use of great seal by, 100. CODE STATES- equity causes referred to referees, who perform duties of masters in COKE, LORD — on method of appointment of chancellor, 22. on antiquity of the office of chancellor, 18, 19, on antiquity of the office of master of rolls, 29, 31. on judicial authority of master of rolls, 32, 33. gives definition of great seal, 98. on number of masters in chancery, 34, 35. form of oath administered to lord chancellor, 24. contest with James the First over the power of the king to interfere controversy with Ellesmere, Bacon and the king over right of chan- - COMMISSIONERS IN CHANCERY (see MASTERS IN CHANCERY) – officer of the early court of chancery, 56. References are to pages. COMYN, CHIEF BARON — on judicial authority of master of the rolls, 32. CONCLUSIONS OF LAW AND FACT. See MASTER'S REPORT. CONFIRMATION OF MASTER'S REPORT (see HEARING BEFORE THE when proper, 769. form of order, 769. CONTEMPT OF MASTER'S AUTHORITY (see HEARING IN THE Mas- master as representative of the court, 464. in what contempt consists, 466, 467. immunity of witnesses, suitors and others when in attendance upon master's duty and remedy, 469. master's report or certificate in case of refusal of witness to testify, CONTINUANCES. See EVIDENCE, TAKING THE; HEARING IN THE MAS- COOPER, CHANCELLOR (Of Tennessee) - - condemnation of loose practice of referring causes before entry of a CORTIS, SAMUEL S. (Master in Chancery U. S. Circuit Court, Omaha, report of, on practice in eighth circuit, 539. COTTENHAM, LORD- the proper practice in case of exceptions to master's report, 768. COTTON, SIR ROBERT- on antiquity of the office of master of the rolls, 32, on origin of references to masters, 46. COURT OF CHANCERY its antiquity, 61-64. the king as the source of all legislative and judicial power, 64-66. its equitable jurisdiction, see EQUITABLE JURISDICTION OF THE COURT COSTS (see MASTERS' FEES AND OTHER COSTS; ATTORNEYS) – exceptions for costs only, not permissible, 641. - CROSS-EXAMINATION OF WITNESSES. See EVIDENCE, TAKING THE; CURSITORS - clerks in the court of chancery, 55. why so called, 44, 55. antiquity of the office, 56. number of, 56. their office and duties, 55, 56. their skill in the formation of original writs, 56. CUTTING, MR. JUSTICE (Of Maine) — on source of master's authority, 217. D. DANIELL'S CHANCERY PRACTICE- DEADY, MR. JUSTICE (Of the Federal Court) – on what should be taken into consideration in fixing attorneys' fees, References are to pages. DECREE reversal of; effect upon rights of purchaser at masters' sales, see MAS- DECREE PRO CONFESSO (see REFERENCE TO MASTER; HEARING IN THE discretion of court to refer cause to master, 195-198 effect of decree without reference or proof, 198. in case of minors, 197. DEFAULTED DEFENDANTS- when may file exceptions to master's report, 633. default for want of an answer, 293. rules applicable to defaulted defendants, 294. after amendment of bill should be again ruled to answer, 439. compelling appearance of defendant by subpoena, bitter opposition of chancellor reading the bill, 126–129. earliest printed bill containing prayer for subpoena, 130 subpoena; present form of, framed by John de Waltham as master of examination of for discovery of assets, 359. order for appointment of receiver, 360. power of court, 361. defendant must obey order, 366. scope and extent of investigation, 368. - DEFICIENCY, DECREE FOR (see FORECLOSURE; MASTERS' SALES) – DEGREE OR QUANTUM OF PROOF. See MASTER'S REPORT. 172. DILLON, JUDGE — on brief making, 807. on importance of clear statement of facts on appeal, 821. on loose citation of authorities. 829. no case should be cited without being carefully examined, 829. DIVORCE - what the master's report must contain in a case of, in New Jersey, 563. DRAFT REPORT. See MASTER'S REPORT. DUGDALE, SIR WILLIAM – on early use of French language in courts, 135. E. EDWARDS, J. J. (Master in Chancery U. S. Circuit Court, Carson City, waiver of right to rescind contract on the ground of fraud by electing ELLESMERE, LORD CHANCELLOR – gives Lord Coke a back-handed lick upon installation of Montagu as battle royal with Coke over right of chancellor to interfere with com- |