CHAN 
tion is made of the depofitions, and the caufe is fet down 
for hearing, after which follows the decree. If, however, 
in the procefs of the caufe the parties come to an ilfue of 
fact, which by the common law is triable by a jury, the 
lord chancellor, in this cafe, delivers the record into the 
king’s-bench to be tried there ; and after trial had, the 
record is remanded into chancery, and judgment given 
there. Trials and iffues at law are frequently directed 
by the court, which in that cafe makes an interlocutory 
decree or order, that'after trial the parties lhall refort to 
the court on the equity referved. Interlocutory orders 
and decrees are alfo made on other occafions; as for in¬ 
junctions till a hearing, where the injury fuftained by 
the plaintiff requires fuch immediate interference. 
If the plaintiff diffniifes his own bill, or the defendant 
obtains the difmiffal of it for want of profecution, or if 
the decree is in behalf of the defendant, the bill is dif- 
tniffed with cofts to be taxed by a mailer. Stat. 4 &“5 An. 
c. 16. If the defendant does not appear, on being lerved 
with the procefs of fubpcena, in order to anfwer, upon 
affidavit of the fervice of the, writ, an attachment illiies 
out againft him ; and if a non ell inventus is returned, 
an attachment with proclamation goes forth againft him; 
and if he Hands further out in contempt, then a commif- 
fion of rebellion may be ifiued for apprehending him, 
and bringing him to the Fleet-priion; in the execution 
whereof the perlbns to whom directed may juftify break¬ 
ing open doors. If the defendant Hands further in con¬ 
tempt, a ferjeant at arms is to be lent out to take him; 
and, if he cannot be taken, a fequeftration of his land 
may be obtained till he appears. And if a decree, when 
made, is not obeyed, being ferved upon the party under 
the leal of the court, all the afore-mentioned proceffes of 
contempt may iffue out againft him for his imprifonment 
till he yields obedience to it. The court of chancery, 
notwithftanding its very extenlive power, binding the 
perfon only, and not the eftate or effects of the defendant. 
And in this ’fenfe, we prefume, it is faid that it is no 
court of record. 1 Dannj. Ab. 74.9. and Chan. Rep. 193. 
Howard v. Suffolk. 
Where there is any error in a decree in matter of law, 
there may be a bill of review, which is in nature of a 
writ of error; or elle an appeal to the houfe of lords. 
Old authorities have been quoted, that a writ of error 
lies returnable in the court of king’s-bench; and that a 
judgment of chancery may be referred to the twelve 
judges. 4 bij}. So. 3 Buljl. 116. But it is now ufual to 
appeal to the houfe of lords; which appeals are to be 
ftgned by two counlel of eminence, and exhibited by 
way of petition; the petition or appeal is lodged with the 
clerk of the ho.ule of lords, and read in the lioule, where- 
on the appellee is ordered to put in his anfwer, and a day 
fixed for hearing the caufe ; and after counfel heard, and 
evidence given on both fides, the lords affirm or reverie 
the decree of the chancery, and finally determine the 
caufe by a majority of votes, &c. Though it is to be 
obferved on an appeal to the lords from a decree in chan¬ 
cery, no proofs will be permitted to be read as evidence, 
which were not made ufe of in the chancery. - Preced. 
Cane. 212. 
No fubpcena, or ether procefs of appearance, lhall iffue 
out of chancery, till after a bill is filed, (except bills for 
injunctions to flay wafte, or to ftay fuits at law com¬ 
menced,) and a certificate thereof brought to the fub¬ 
pcena office. Stat. 4 5 An. c. 16. Perfons in remainder, 
or reverfion of any eftate, after the death of another, on 
making affidavit in the court of chancery, that they have 
caufe to believe fuch other perfon dead, and his death 
concealed by the guardian, truftees, or others, may move 
the lord chancellor to order fuch guardian, truftees, &c. 
to produce the perfon fufpeCted to be concealed; and if 
he be not produced, he lhall be taken to be dead, and 
thole in reverfion may ’enter upon the eftate ; and if fuch 
perfon be abroad, a commiffion may be ilfued for bis be¬ 
ing viewed by commiffioners. Stat, 6 An. c. 18, Infants 
C E R Y. 91 
under the age of tw'enty-one years, feifed of eftates in 
trull, or by way of mortgage, are enabled, by ftatute, to 
make conveyances thereof; or they may be compelled 
thereto, by order of the court of chancery, upon petition 
and hearing of the parties concerned. 7 An. c. 9. And, 
by ftatute 4 Geo. II. c. 10. ideots and lunatics feifed of 
eftates in trull, may make conveyances by order of the 
court of chancery. By 12 Geo. I. c. 32. and 33. the 
power of the mailers was abridged, with refpeCt to the 
iuitor’s money, wdiich is now to be paid into the Bank of 
England; and an additional llamp-duty, on writs, pro¬ 
ceffes, &c. is granted for relief of the fuitors, and as a 
common Hock of the court of chancery. 
All orders and decrees made and figned by the mailer 
of the rolls, lhall be deemed and taken to be good and 
valid orders and decrees of the court of chancery ; but 
not to be inrolled till figned by the lord chancellor, and 
fubjeCt to reverlal, &c. by him. Stat. 3 Geo.. II. c. 30. 
Where a defendant does not appear after fubpcena iffued, 
but keeps out of the w r ay to avoid being ferved with the 
procefs, on affidavit that he is not to be found, and fuf¬ 
peCted to be gone beyond lea, or to abfeond, the court 
of chancery will make an order for his appearance at a : 
certain day; a copy of which order is to be publi filed in 
the London Gazette ; and then, if he do not appear, the 
plaintiff’s bill lhall be taken pro confeffo, and the defen¬ 
dant’s eftate lequeftered. But perfons out of the king¬ 
dom, returning in feven years, may have a rehearing in 
fix months, and be admitted to anfwer, otherwife to be 
barred by final decree. 5 Geo. II. c. 25. The following 
officers have their appointments in the court of chancery, 
as affiftants to the lord chancellor: 
The Master of the Rolls, having judicial power, is- 
an afiiftant to the lord chancellor when prefent, and his 
deputy when abfent; but he has certain caufes affigned 
him to hear and decree, which he ufually doth on cer¬ 
tain days appointed at the chapel of the rolls, being af- 
filted by one or more mailers in chancery ; he is, by vir¬ 
tue of his office, chief of the mailers of chancery and 
chief clerk of the petty-bag office. The twelve mailers in 
chancery lit fiome of them in court, and take notice of 
fuch references as-are made to them, to be reported to 
the court, relating to matters of practice, the Hate of the 
proceedings, accounts, &c. and they alio take affidavits, 
acknowledge deeds and recognizances, Sec. The fix clerks 
in chancery transact and file all proceedings by bill and 
anfwer, and alfo iffue out fome patents that pals the great 
leal; which bufinefs is done by their under-clerks, each 
of whom has a feat there, and whereof every fix-clerk has 
a certain number in his office, ufually about ten; the 
whole body being called the fixty clerks. The curfitors 
of the court, four-and-twenty in number, make out all 
original writs in chancery, which are returnable in C. B. 
&c. and among thefe the bufinefs of the feveral counties 
is feverally dillributed. The regifter is a place of great 
importance in this court, and he hath feveral deputies 
under him, to take cognizance of all orders and decrees, 
and enter and draw them up. The mailer of the.lub- 
poena office iffues out all writs of fubpcena. The exa¬ 
miners are officers in this court, who take the depofitions 
of witneffes, and are to examine them, and make out co¬ 
pies of the depofitions. The clerk of the affidavit s, files all 
affidavits ufed in court, without which they will not be 
admitted. The clerk of the rolls, fits conllantly in the* 
roils to make fearches for deeds, offices, &c. and to make 
out copies. The clerks of the petty-bag office, in num¬ 
ber three, have great variety of bufinefs that goes through 
their hands, in making out writs of fummons to parlia¬ 
ment ; conge d'elires for bifliops ; patents for cuftomers ; 
liberates upon extent of ftatute-ftaple, and recovery of 
recognizances forfeited ; and alio relating to fuits for and 
againft privileged perlbns. The ufher of the chancery, 
had formerly the receiving and cuflody of all money or¬ 
dered to be depofited in court, and paid it back again 
by order; but this bufinefs - was afterwards affirmed by 
