The master in ordinary having become incapacitated from attending to the Business of his office, the matters were transferred to the master in rotation, with liberty for him to adopt the proceedings already had.
One of the Masters in ordinary having by illness become permanently incapacitated from attending to the Business of his office, frequent applications were made by motion to the court, to transfer the matter to the office of another master. in some of these cases, the Masters report had actually been prepared, and only required his signature; and the application in such cases was, that the master in rotation might sign the report.
The master of the rolls settled, in all these cases, that the proper order to be made was, to transfer the matters to the master in rotation, ‘with liberty for him, if he should think fit, to adopt the proceedings already had in the Masters office.’
[1840] EngR 11, (1840) 3 Beav 130, (1840) 49 ER 51 (A)
Commonlii
England and Wales
Updated: 22 October 2021; Ref: scu.309437 br>