ADDISON v. BOWIE. 617

tion to stay waste or proceedings at law, are required, by a statute
passed in the year 1705, to be filed before a subpaena can be
issued, (a) And all other pleadings must be put upon file before
they can be noticed; and can only be taken off the file by the ex-
press allowance or direction of the court, (b) So long ago as the
year 1692, by a rule of the English Court of Chancery, which has
been ever since followed here, every report of a master or auditor
is required to be filed within four days after it is signed, or at least
before any proceedings are had thereon, (e) And all depositions,
exhibits, and documents, intended 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, (d) This course is in all cases
proper and necessary to enable the register to make up a full re-
cord in an orderly and correct manner; and in many cases it is
indispensably necessary as the only means of so conclusively fixing
dates as to enable the Chancellor to decide correctly. The ancient
and well established course of the court must be in every particu-
lar punctually observed. The Chancellor has often explained and
complained as to this matter; yet he is satisfied, that, in this
instance, there has been no intentional departure from the proper
course.

Whereupon it is Ordered, that this case stand over, and after
such of the now loose papers shall have been marked filed as the
parties may think proper to have put upon the record, that the
register return the bundle to the Chancellor.

After which the report of the auditor, with the depositions and

(a) 4 Ann. c. 16, s. 22; Kilty's Rep. 245—1714 PER CURIA. Ordered and Ruled,
that all bills filed in the Chancery office, be filed before subpcena issue, according to
the statute of the fourth and fifth of Queen Anne, in such case made.— Chancery
Proceedings, lib. P. L. fol. 84.—(6) Beam's Order, 168, 240; Curzon v. De La
Zouch, 1 Swan. 185.—(c) Beam's Orders, 293; Eyles v. Ward, 2 P. Will. 517.—
(d) Beam's Orders, 46, 110.

11th February, 1793.—HANSON, Chancellor.—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 subpcena, because the party
has it in his power to strike out the reference, and therefore, to obtain the subpaena.
(See also the revised rules of March, 1S17, No. 3.]

ENNALLS v. BOND.—17th July, 1800.—HANSON, Chancellor.—A reference to
papers or records, of which neither the originals nor copies are filed in the cause,
are altogether improper; and no paper which is not exhibited and filed in a cause,
ought to have any influence on the decision.—M. S.