ADDISON v. BOWIE.—2 BLAND. 585

except to any allowance to the complainants of any part of the
profits of the estate which the defendants Walter and Kitty claim
under the will of their grandfather Duckett, and the appointment
by their father William Bowie, as stated in the proceedings; be-
cause the said Walter and Kitty are entitled to claim the same,
and will hold the same, under, the will of their grandfather; and
will hold the same absolutely. The will of William Bowie, their
father does give them the same, and could not, and it is con-
tended does not subject it to any in cum bran ces, charges, or condi-
tions.

BLAND', C-, 28th June, 1830.—Having disposed of the previously
argued cases, I this day opened the bundle of papers of this case,
which was argued, on the 1st instant, and find that there are seve-
ral reports and papers not marked filed, which I take it for
granted the parties deem important, and wish to have considered
as a part of the proceedings in this case.

Upon which I would observe, that it has been the regular course
of this Court during the Provincial government, and thence down
to the present time, to mark as filed all pleadings, exhibits and
papers, more especially the reports from the regular or any special
auditor, as of the day on which they are lodged in or returned to
the Chancery office. All bills, except such as pray for an injunc-
tion * to stay waste or proceedings at law, are required, by
a statute passed in the year 1705, to be filed before a sub- 617
poena can be issued. 4 Ann. c. 16, s. 22; Kilty's Rep. 245;(e) And
all other pleadings must be put upon file before they can be noticed;
and can only be taken off the file by the express allowance or
direction of the Court. Beam's Orders, 168, 240: Curzon v. De La
Zouch, 1 Swan. 185. So long ago as the year 1692, by a rule of
the English Court of Chancery, which has been ever since fol-
lowed here, every report of a master or auditor is required to be
filed within four days alter it is signed, or at least before any pro-
ceedings are had thereon. Beam's Orders. 293; Eyles v. Ward, 2
P. Will. 517. And all depositions, exhibits and documents, in-
tended to be used, in any way, must be filed before they can be
regarded as a part of the proceedings, or in any manner noticed
by the Court. Beam's Orders, 46, 110.(/) This course is in all

(e) 1714, PER CURIA.—Ordered and Ruled, that all bills filed in the Chancery
office, be filed before subpoena issue, according to the Statute of the Fourth
and Fifth of Queen Anne, in such case made.—Chancery Proceedings, lib.
P. L. fol. 84.

(f) HANSON, C., 11th February, 1793.—Ordered, that hereafter, no subpoena
issue on any bill or petition referring to any deed, writing or paper, as an
exhibit, and praying that the same may be taken as part of the bill, until
such deed, writing or paper be actually exhibited and filed. N. B.—If a bill
refer to an exhibit which is not filed, there can be no grievance in denying a