.'i:A.- C/ /(p MatHljaU lEquttg QJoUertton iE. 3. ilaraljaU. iCffi. 1. 1834 CORNELL UNIVERSITY .LIBRARY 3 1924 085 505 083 The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924085505083 GENERAL ORDERS AND R.ULES HIGH COURT OF CHANCERY. ISSUED BY THE LORD HIGH CHANCELLOR, -. ,, 7th day of august, 1852. LONDON: ' V. & E. STEVENS AND G. S, NOETON, ILaSa 13oofi0eIInB artU ?3ublia^ers, [Successors to the late J. Sf TV. T. CLARKE, of Portugal Street,) 26, BELL YARD, LINCOLN'S INN. 15^-3^^^ LONDON: STETIfrS iKD CO., PBIKTEBS, BELL TAEB, LlWOOI.If'S ISN. ORDER OF COURT. The 1th day of August, 1852. ^^ if Ia^ The Right HonouFable Edward Burtenshaw Lord St. Leonards, Lord High Chancellor oF Great Britain, by and with the advice and assistance of the Right Ho- nourable Sir John Romilly, Master of the Rolls, the Right Honourable the Lord Justice Sir James Lewis Knight Bruce, the Right Honourable the Lord Justice Lord CbanwortHj the Right Honourable the Vice-Chan- cellor Sir George James Turner, the Honourable the Vice-Chancellor Sir Richard Torin Kindersley, and the Honourable the Vice-Chancellor Sir Jambs Parker, doth hereby, in pursuance and execution of all powers enabling him in that behalf, order and direct : — That all and every the Orders, Rules, and Directions hereinafter set forth shall henceforth be, and for all pur- poses be deemed and taken to be, General Orders and Rules of the High Court of Chancery, viz. : I. — That no appeal from any Decree, Order, or Dismis- sion, or any re-hearing of the case on which such Decree. Order or Dismission is founded, shall be allowed, unless the same is set down for hearing, and the requisite notice thereof duly served, within five years from the date of any such Decree, Order, or Dismission respectively. n. — That all Decrees and Orders, and all Dismissions, pronounced or made in any cause, claim or matter in this Court which shall be enrolled, shall be so enrolled within six calendar months after the same shall be so pro- nounced or made respectively, and not at any time after without special leave of the Court, such leave to be ob- tained in manner next hereinafter mentioned. in. — In case any party is desirous to enrol a Decree, or Order, or Dismission after the expiration of six calendar motnhs from the time the same shall have been made, he shall obtain an Order for that purpose, and which Order, unless made by consent of the adverse party, or on motion and notice to all the parties, shall be a conditional Order in the first instance, but shall become absolute without further Order, unless cause is shown against it within twenty-eight days after service of the Order. IV.— That where a caveat is entered with the proper Officer to stay the signing of the Docket of the Enrolment of any Decree, Order, or Dismission, such caveat shall be prosecuted with effect within twenty-eight days after the Docket of such Decree, Order, or Dismission shall be left to be signed with the proper Officer by the party who entered the same, otherwise such caveat shall be of no force ; and the Docket of such Decree, Order, or Dis- mission may immediately after the expiration of the said twenty-eight days be presented to be signed, as if no such caveat had been entered. V. — That no Enrolment of any Decree, Order, or Dismission shall be allowed after the expiration of five years from the date thereof. VI. — That the Lord Chancellor, either sitting alone, or with the Lords Justices, or either of them, shall be at liberty, where it shall appear to him under the peculiar circumstances of the case to be just and expedient, to en- large the periods hereinbefore appointed for a Re-hear- ing, or an Appeal, or for an Enrolment. VII. — That these Orders shall take effect on and from the twenty-eighth day of October next, (Signed) St. Leonards, C. John Romilly, M. R. J. L. Knight Beuce, L. J. Ceanworth, L. J. G. J. Turner, V. C. Richard T. Kindersley, V. C. James Parker, V. C. 35p ^utftori'tp. GENERAL ORDERS RULES HIGH COURT OF CHANCERY, ISSUED BY THE LORD HIGH CHANCELLOR, 7th day of august, 1852. LONDON: V. & R. STEVENS AND G. S. NORTON, 3laiD iSoaftsellets anH ^ubltsttrs, (Succisaors to the late J. Sf W. T. CLARKE, of Poriusal Street,) 26, BELL YARD, LINCOLN'S INN. LONDON; BIETKK8 AKD CO., VBIHTKBS, BELL YABD, LlKCOLn's ins. ORDER OF COURT, Saturday, the 1th day of August, 1852. Tqe Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honour- able Sir John Romii.ly, Master of the Rolls, the B/ight Honourable the Lord Justice Sir James Lettis Knight Beuce, the Right Honourable the Lord Justice Lord Cranworth, the Right Honourable the Vice-Chancellor Sir George James Turner, the Honourable the Vice- Chancellor Sir Richard Torin Kindersley, and the Honourable the Vice-Chancellor Sir James Parker, doth hereby, in pursuance of an Act of Parliament passed ii) the 'fifteenth and sixteenth years of her present Majesty, intituled " An Act to amend the Practice and Course of Proceeding in the High Court of Chancery," and in pursuance and execution of all other powers enabling him in that behalf. Order and Direct : — That all and every the orders, rules, and directions hereinafter set forth shall henceforth be, and for all pur poses be deemed and taken to be. General Orders and Rules of the High Court of Chancery ;" viz. Printing. I. Bills and claims are to be printed on writing royal paper, quarto, in pica type,* leaded ; and the copy to be filed is to be interleaved with paper of the same der scription. a2 II. No costs are to be allowed, either as between party and party, or as between solicitor and client, for any written bill or written copy of a bill, filed under the 16 & 16 Vict. c. 86, s. 6, or for any written copy thereof, served upon any defendant thereto, or for any written brief of such bill, unless the Court shall, in dissposing of the costs of the cause, direct the allowance thereof. III. The Clerks of Record and Writs shall, at the ex- piration of fourteen days from the filing of any written bill or written copy of a bill, take off the files of the Court, without further order, the bill or copy so filed, unless a printed copy thereof shall in the mean time have been filed, and the plaintiff in the suit, or his solicitor, who shall personally have undertaken to file such printed copy, shall pay to the defendant all the costs incurred by him in the suit, such costs to be taxed by the Taxing Master, without further order, upon production to him of the certificate of the Clerk of Records and Writs, that a printed copy of the bill has not been filed pursuant to such undertaking, and to he recoverable in like manner as costs ordered to be paid by a party in a suit to another party in a suit are now recovei-able. IV. In lieu of the fees now payable to solicitors for instructions for bills for engrossing bills and claims for eopies of bills and claims, for abbreviating bills and making a brief thereof, solicitors shall be entitled to charge, and be allowed in suits commenced after these Orders come into operation, the fees specified in Schedule (A.) to these Orders. V. The payment to be m&de by the defendant to the plaintiff for printed copies of the bill or claim shall be at the rate of one half-penny per folio. VI. No defendant shall be at liberty to demand from the plaintiff more than ten printed copies of his bill or claim. Amendment of Bills and Claims. VII. Where, according to the present practice of the Court, an amendment of a bill or claim may be made without a new engrossment thereof, a bill or claim may be amended by written alterations in the printed bill of com- plaint or claim so to be filed, and by additions on the paper to be interleaved therewith, according to the directions of Order I. VIII. The practice of amending a defendant's copy of the bill shall, with respect to the amendment of bills filed after these Orders come into operation, be abolished. IX. A copy of an amended bill or claim, whether upon an amendment by a reprint, or by such alterations and additions as mentioned in Order VII., is to be served upon the defendant or his solicitor ; and such copy may be partly printed and partly written, if the amendment is not made by a reprint : but in every case the copy to be served is to be stamped with the proper stamp by one of the Clerks of Records and Writs, indicating the filing of such amended bill or claim, and the date of the filing thereof. X. In all cases where, according to the present prac- tice of the Court, a subpoena to appear to and to answer an amended bill may be served upon the solicitor of a de- fendant, service upon the defendant's solicitor of a copy of an amended bill, whether wholly printed, or partly printed and partly written, shall be good service on the defendant. 6 XI. Where a defendant has appeared in person to any bill, service at the address for service of such defendant of a copy of an amended bill, whether wholly printed, or partly printed and partly written, shall be good service on the defendant. Limitation of preceding Orders. XII. None of the preceding Orders shall apply to bills or claims filed before these Orders come into operation, though afterwards amended ; and the existing practice of the Court is to continue in force, with reference to the amendment of such bills and claims. XIII. The existing practice of the Court with reference to issuing and serving writs of subpoena to appear to and answer bills and writs of summons on claims is also to continue in force with respect to bills and claims filed before these Orders come into operation. Form of Bill. XIV. Fills may be in a form similar to the form set out in Schedule (B.) to these Orders, with such variations as the nature and circumstances of each particular case may require. Interroga tories. XV. The interrogatories for the examination of the de- fendfint to a bill may be in a form similar to the form set ouf in Schedule (C.) to these Orders, with such variations as the nature and circumstances of each particular case may require. XVI. In cases in which the plaintiff requires an answer to any. bill from any defendant or defendants thereto, the interrogatories for the examination of such defendant or defendants are to be filed within eight days after the tim^f limited for the appearance of such defendant or defendants. XVII, If the defendant appear in person, or by his own solicitor, within the time limited for that purpose by the rules of the Court, the plaintiff is, within eight days after the time allowed for such appearance, to deliver to the defendant or defendants so required to. answer, or to his or their solicitor or solicitors, a copy of the interrogatories, so filed as aforesaid, or of such of them as the particular defendant or defendants shall be required to answer. And the copy so to be delivered is to be examined with the original, and the number of folios counted by the Clerks of Records and Writs, who on finding that such copy is duly stamped and properly written are to mark the same as an office copy. XVIII, If any defendant to a suit commenced by bill do not appear in person, or by his own solicitor, within the time allowed for that purpose by the rules of the Court, and the plaintiff has filed interrogatories for his examina- tion, the plaintiff may deliver a copy of such interroga- tories so examined and marked as aforesaid, to the defendant, at any time after the time allowed to such defendant to appear and before his appearance in person or by his own solicitor ; or the plaintiff may deliver a copy of such interrogatories so examined and marked as aforesaid, to the defendant or his solicitor, after the ap- pearance of such defendant in person or by his own solicitor, but within eight days after such appearance. XIX, A defendant required to answer a bill must put in his plea, answer, or demurrer thereto, not demurring alone, within fourteen days from the delivery to him or his solicitor of a copy of the interrogatories which he is required to answer ; but the Court shall have full power to enlarge the time, from time to time, upon application being made to the Court for that purpose. XX. After the time allowed by Order XVI. for filing interrogafories for the examination of any defendant, no interrogatories are to be filed for the examination of such defendant, without special leave of the Court, to be applied for upon notice of motion. F . . . . Defendants. Henry Jones ^ The Answer of James Styles, one of the above-named Defendants to the Bill of Complaint of the above- named Plaintiff. In answer to the said bill, I, James Styles, say as fol- lows : — 1. I believe tbatthe defendant, Henry Jones, does claim to have a charge upon the farm and premises comprised in the indenture of mortgage of the 1st of May, One thousand Eight hundred and Fifty, in the plaintiff's bill mentioned, 2. Such charge was created by an indenture dated the 1st of November, One thousand Eight hundred and Fifty, made between myself of the one part, Jind the said defendant Henry Jones of the other part, whereby I granted and conveyed the said farm and premises, subject to the mortgage made by the said indenture of the 1st of May, One thousand Eight hundred and Fifty, unto the defendant Henry Jones for securing the sum of two thousand poulids and interest at the rate of five pounds per centum per annum, and the amount due thereon is the said sum of two thousand pounds, with interest thereon, from the date of such mortgage. 3. To the best of my knowledge, remembrance, and •22 belief there is not any other mortgage, charge, or incum- brance affecting the aforesaid premises. M. N . (name of counsel.) SCHEDULE (E.) Form of Summons. In Chancery. In the Matter of the Estate of John Thomas, late of the Parish of A., in the County of B.) deceased. Joseph Wilson against William Jackson. Upon the application of Joseph Wilson, of Russell Square, in the county of Middlesex, Esq., who claims to be a creditor upon the estate of the above-named John Thomas, let William Jackson, the executor of the said John Thomas, attend at my chambers [in the Rolls Yard, Chancery Lane, Middlesex], \or at No. — , square, Lincoln's Inn, Middlesex] on the day of , at of the clock in the afternoon, and show cause, if he can, why an order for the administration of the personal estate of the said John Thomas, by the High Court of Chancery, should not be granted. Dated the day of 1852. John Romilly, Master of the Rolls, or, G. J. Turner, Vice-Chancellor, or, Richd. T. Kindersley, Vice-Chancellor, or, James Parker, Vice-Chancellor. Note. — If the above-named William Jackson does not 23 attend either in person or by his solicitor, at the time and place above mentioned, such order will be made in his ab- sence as the Judge may think just and expedient. This summons was taken out by A. and B., of Lincoln's Inn, in the county of Middlesex, solicitors for the above-named Joseph Wilson. 35p ^UtfiOlltp, GENERAL ORDERS R.ULES HIGH COURT OF CHANCERY, ISSUED BY THE LORD HIGH CHANCELLOR, 16th DAT OF OCTOBER, 1852. LONDON: V, & R. STEVENS AND G. S. NORTON, Ea&i iSoo^tsellets mi ^nbli^txs, {Succeasors to the late J. 8; W. T. CLARKE, of Portugal Street,) 26, BELL YARD, LINCOLN'S INN. LONDQN; BTIiTBWS AND CO., PRlHTltBS, BELL TABD, LincoLir'a inn*. Orders regulating the Fees and Allowances to Soli- citors, in respect of the matters to which these Orders relate, and regulating the Fees to be payable by Suitors of the Court to the Officers thereof in respect of the bu- siness to be conducted before the Master of the Rolls, and the Vice-Chancellors, at Chambers, and their respec- tive Chief Clerks, will be issued before the first day of Michaelmas Term. LONDON: BTliVEHS AKD CO., PEIHTUBS, BSII. lABD. tin coin's ISH. ORDER OF COURT, Saturday, the \Qth day of October, 1852. The Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honour- able Sir John Romilly, Master of the Rolls, the Right Honourable the Vice-Chancellor Sir George James Tur- ner, and the Honourable the Vice-Chancellor Sir Richard^ ToRiN KiNDERSLEY, doth hereby in pursuance of an Act 15 & ig of Parliament passed in the fifteenth and sixteenth years Vict.c.80. of her present Majesty, intituled " An Act to abolish the Office of Master in Ordinary of the High Court of Chancery, and to make provision for the more speedy and efficient despatch of Business in the said Court," and in pursuance and execution of all other powers enabling him in that behalf. Order and Direct : — That ail and every the orders, rules, and directions hereinafter set forth shall henceforth be, and for all pur- poses be deemed and taken to be. General Orders and Rules of the High Court of Chancery, viz. — Summons. L The Summons for the purpose of pi-oceedings before the Master of the Rolls and Vice-Cbancellors respectively at Chambers, whether originating in chambers or not, may be in a form similar to the form set forth in Schedule (A) to these Orders, with such variations as the circumstances of the case may require. n. The Summons to be issued under section XXX. of the Act of fifteenth and sixteenth Victoria, cap. 80, may be in a form similar to the form set forth in Schedule (B) A 2 to,these Orders, with such variations as the circumstances of the case may require. III. A seal is forthwith to be provided for the cham- bers of the Master of the Rolls and each of the Vice- Chancellors, and summonses are to be prepared by the parties, and sealed by one of the Clerks, at the chambers of the Judge from whose chambers they are issued, and a copy of such summons is to be left at the Judge's chambers by the party obtaining such summons. IV. In cases of applications under 15 & 16 Vic. c. 86, s. XLV., applications for guardianship and maintenance of infants, originating in chambers, and of all other applications originating in chambers, a duplicate of the summons is to be filed in the Record and Writ OflSce, and in cases where service is required, the copies served are to be stamped in the manner provided by sect. XLVI. of the Act of fifteenth and sixteenth Victoria, cap. 86. V. In cases where proceedings originate in chambers, the original summons is to be served seven clear days be- fore the return thereof. All other summonses, not being summonses referred to in Order II., are to be served two clear days before the return thereof. VI. In cases where proceedings originate in cham- bers, and where from any cause the summons may not have been served upon any party seven clear days before the return thereof, an endorsement may be made upon the summons, and upon a copy thereof stamped for service, appointing a new time for the parties not before served to attend at the chambers of the Judge, and such en- dorsements are to be sealed at the Judge^s chambers, and the service of the copy so endorsed and sealed, is to have the same force and effect as the service of an original summons; and where any party has been served before such endorsement, the hearing thereof may upon the re- turn of the summons be adjourned to the new time so appointed. Appearances. VII. In all cases where proceedings originate in cham- bers, the parties served are before they are heard in chambers to enter appearances in the Record and Writ Office, and give notice thereof. Orders and Directions, applicable to all Cases, whether originating in Chambers or not. VIII. In all cases in which by any Order any accounts are directed to be taken, or inquiries to be made, each direction shall be numbered, so that as far as may be each distinct account and inquiry may be designated by a number, and such Order may be in the form set forth in Schedule (C) to these Orders, with such variations as the circumstances of the case may require. IX. Where an Order is made directing an account of debts, claims, or liabilities, or an inquiry for next of kin or other unascertained persons, unless otherwise or- dered, all persons who do not come in and prove their claims within the time which may be fixed for that pur- pose by advertisement, are to be excluded from the benefit of the Order. X. Where an Order is made directing an account of the debts of a deceased person, unless otherwise ordered, interest is to be computed on such debts as to such of them as carry interest after the rate they respectively carry, and as to all others after the rate of four per cent, per annum, from the date of the Order. 6 XI. Where an Order is made directing an account of legacies, unless otherwise ordered, interest is to be com- puted on such legacies after the rate of four per cent, per annum, from the end of one year after the deceased's death, unless any other time of payment or rate of in- terest is directed by the will, and in that case according to the will. XII. Where an Order is made directing any property to be sold, unless otherwise ordered, the same is to be sold with the approbation of the Judge to whose Court the cause or matter is attached, to the best purchaser that can be got for the same, to be allowed by such Judge, and all proper parties are to join therein as such Judge shall direct. XIII. Where an Order is made directing a Receiver to be appointed^ unless otherwise ordered, the person to be appointed is first to give security, to be allowed by the Judge to whose Court the cause is attached, and taken before an officer or agent of the Court in the country, if there shall be occasion, duly to account for what he shall receive on account of the rents and profits, for the receipt of which he is to be appointed, at such periods as such Judge shall appoint, and to account for and pay the same as the Court shall direct, or as the case may be, to be answerable for what he shall receive in respect of the per- sonal estate, for the getting in and collection of which he is to be appointed, and to account for and pay the same as the Court shall direct; and the person so to be ap- pointed is: to be allowed a proper salary: for his care and pains in receiving such rents and profits, or, as th e case may be, to have an allowance made to him in respect of his collecting such personal estate. XIV. The General Orders of the Court with respect to Receivers shall, mutatis mutandis, apply to Receivers appointed under Orders made after these Rules and Re- gulations come into operation. XV. Recognizances which have been heretofore given to the Master of the Rolls and the Senior Master in Or- dinary are hereafter to be given to the Master of the Rolls and the Senior Vice-Chancellor for the time being. Proceedings in Chambers. XVI. In all cases where matters, in respect of which summonses have been issued, are not disposed of upon the return of the summons, the parties are to attend from time to time without further summons, at such time or times as may be appointed for the consideration or further consideration of the matter. XVII. In all cases of proceedings in chambers under any Order, the solicitor prosecuting the same shall leave a copy of such Order at the Judge's chambers, and shall certify the same to be a true copy of the Order as passed and entered. XVIII. Upon a copy of the Order being left, a sum- mons is to be issued to proceed with the accoumts or in- quiries directed, and upon the return of such summons, the Judge is to be satisfied by proper evidence that all neces- sary parties have been served with notice of the Order, and thereupon directions are to be given as to the manner in which each of the accounts and inquiries is to be pro- secuted, the evidence to be adduced in support thereof, the parties who are to attend on the several accounts and inquiries, and the time within which each pcoceeding is to be taken ; and a day or days may be appointed for the further attendance of the parties, and all such directions may afterwards be varied or added to as may be found necessary. XIX. If, upon the hearing of the summons, it shall appear to the Judge that by reason of absence, or for any other sufficient cause, the service of notice of the Order upon any party cannot be made, or ought to be dispensed with, the Judge may, if he shall think fit, wholly dispense with such service, or may, at his discretion, order any substituted service, or notice by advertisement or other- wise, in lieu of such service. XX. If, in the prosecution of the Order, it shall appear to the Judge that it would be expedient that further ac- counts should be taken or further inquiries made, he may order the same to be taken or made accordingly, or if de- sired by any party may direct the same to be considered in open court. XXI. At the time any summons or appointment is ob- tained, an entry thereof is to be made in a book, called " The Summons and Appointment Book," stating the date on which the summons is issued or appointment made, the name of the cause or matter, and by what party, and, shortly, for what purpose such summons or appointment is obtained, and at what time returnable. XXII. Lists of matters appointed for each day are to be made out and affixed outside the doors of the cham- bers of the respective Judges, and, subject to any special direction, such matters are to be heard in the order in which they appear in such List. XXIII. The course of proceeding in chambers is ordi- narily to be the same as the course of proceeding in Court 9 upon motions. No states of facts, charges, or discharges are to be broaght in. Bat when directed, copies, abstracts, or extracts of or from accounts, deeds, or other documents, and pedigrees and concise statements, are to be supplied for the use of the Judge and his Chief Clerk, and, where so directr^d, copies are to be handed over to the other par- ties. But no copies to be made of deeds or documents where the originals can be brought in, without special direction. XXIV. The party intending to use any affidavit on any proceeding in chamb§rs is to give notice to the other par- ties concerned of his intention in that behalf. XXV. The practice of the Court with respect to evi- dence before the hearing, when applied to evidence to be taken before an Examiner in any cause subsequently to the hearing, is to be subject to any special directions which may be given in any particular case. XXVL Where a Chief Clerk is directed by the Judge to examine any witness, the practice and mode of proceed- ing is to be the same as in the case of the examination of witnesses before the Examiner, subject to any special directions which may be given in any particular case. XXVII. The original examinations and depositions of parties and witnesses taken by or before the Chief Clerk, authenticated by his signature, are to be transmitted by him to the Record and Writ Office, to be there filed, and any party to the suit or proceeding may have a copy thereof, or of any part or portion thereof, upon payment of the proper fee. XXVIII. All Orders made in chambers, and drawn up by the Chief Clerks or Registrars are to be entered in the 10 same mariner and in the same office as Orders made in open Court are entered. XXIX. Where any account is directed to be taken, the accounting party is, unless the Judge shall otherwise direct, to make out his account and verify the same by affidavit. The items on each side of the account are to be numbered consecutively, and the account is to be referred to by the affidavit as an exhibit, and to be left in the Judge's chambers. XXX. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received is to give notice thereof to the accounting party, stating, so far as he is able, the amount sought to be charged, and the particulars thereof, in a short and succinct manner. XXXI. Upon a Receiver's account being left in the Judge's chambers to be passed, a summons to proceed thereon is to be taken out ; and the account, when passed, is to be entered by the solicitor of the Receiver in books, in the same manner as heretofore ; but the affidavit veri- fying the account so passed is to refer to it as an exhibit, and not to be annexed to it. XXXII. When a receivership has been completed, the book containing the accounts is to be deposited in the Record and Writ Office. XXXIII. Where advertisements are required for any purpose, a peremptory and only one is to be issued, unless for any special reason it may be thought necessary to issue a second advertisement or further advertisements ; and any advertisement may be repeated as many times and in such papers as may be directed. 11 XXXIV. The advertisements are to be prepared by the solicitor, and submitted lo the Chief Clerk for ap- proval, and, when approved, are to be signed by him, and such signature is to be sufficient authority to the printer of the Gazette to insert same. XXXV. Advertisements for creditors or other claim- ants are to fix a time for the creditors or claimants to come in and prove their claims, and to appoint a day for the hearing and adjudicating thereon, and may be in a form similar to the form set forth in Schedule (D) to these Orders, with such variations as the circumstances of the case may require. XXXVI. Claimants coming in pursuant to advertise- ment are to enter their claims at the chambers of the Judge in the " Summons and Appointment Book," for the day appointed for hearing by the advertisement, and are to give notice thereof and of the affidavit filed to the solicitors in the cause, within the time specified in the advertisement for bringing in claims. XXXVII. The claimants filing affidavits are not to be required to take office copies; but the party prosecuting the cause or matter is to take office copies, and produce the same at the hearing, unless otherwise ordered in chambers. XXXVIII. If on the day appointed for hearing the claims, there are any not then disposed of^ an adjourn- ment day for hearing such claims is to be fixed ; and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed, and directions may be given as to the mode in which such evidence is to be adduced. 12 XXXIX. Any claimant who has not before entered his claim, may be heard on such adjournment day, pro- vided he enters his claim and files his affidavit four clear days prior to such day, and no certificate of debts or claims shall in the mean time have been made. XL. Creditors claiming debts not exceeding 51. need not attend on the day of hearing, unless required to do so by notice from some party. XLI. After the time fixed by the advertisement, no claims are to be received except as before provided, in case of an adjournment, unless the Judge at chambers shall think fit to give special leave, upon application made by summons, and then upon such terms and conditions as to costs and otherwise as the Judge shall think fit. XLII. A list of all claims allowed shall, when required by the Judge, be made out and left in the Judge's cham- bers by the party prosecuting the Order. XLllI. In cases where the Court directs any computa- tion of interest, or the apportionment of any fund, which is to be acted upon by the Accountant-General or other person, without any further Order from the Court, the Order to be made by the Court may direct such compu- tation or apportionment to be made by one of the Chief Clerks attached to the Court of such Judge, and may direct the certificate thereof, signed by such Chief Clerk, to be acted upon accordingly, without the same being signed and adopted by the Judge. XLIV, Where an account has been directed, the cer- tificate or report is to state the result of such account, and not to set the same out by way of schedule, but is to refer to the account verified by the affidavit filed, and to 13 specify by the numbers attached to the items in the account, which, if any, of such items have been dis- allowed or varied, and to state what additions, if any, have been made by way of surcharge. In any case in which the account verified by the affidavit has been so altered, that it is necessary to have a fair transcript of the account as altered, such transcript may be required to be made by the solicitor prosecuting the Order, and is then to be referred to by the certificate or report. The ac- counts and the transcripts, if any, referred to by certifi- cates or reports, are to be filed therewith, but no copies thereof are to be required to be taken by any party. XLV. The certificates or reports to be made by the Chief Clerk to the Judge are not, except the special cir- cumstances of the case shall render it necessary, to set out the Order, or any documents or evidence or reasons, but are to refer to the Order, documents and evidence, or particular paragraphs thereof, so that it may appear upon what the result stated in any such certificate or report is founded. XLVI. The certificate of the Chief Clerk to the Judge may be in a form similar to the form set forth in Sche- dule (E) to these Orders, with such variations as the cir- cumstances of the case may require, and when prepared and settled, it is to be transcribed by the solicitor pro- secuting the proceedings, in such form and within such time as the Chief Clerk shall require, and is then to be signed by the Chief Clerk at an adjournment to be made for that purpose. But where, from the nature of the case, the certificate can be drawn and copied in chambers whilst the parties are present before the Chief Clerk, the same shall be then completed and signed by him with- out any adjournment. 14 XLVII. The time within which any party ia to be at liberty to take the opinion of the Judge upon any pro- ceeding which shall have been concluded, but as to which the certificate or report of a Chief Clerk shall not have been signed and adopted by the Judge, is to be four clear days after the certificate or report shall have been signed by the Chief Clerk. XLVIII. Any party desiring to take the opinion of the Judge, as mentioned in the last preceding rule, is within four clear dayis after the certificate or report shall have been signed by the Chief Clerk, to obtain a summons for such purpose. XLIX, At the expiration of four clear days after the certificate or report shall have been signed by the Chief Clerk, if no party has in the meantime obtained a sum- mons to take the opinion of the Judge thereon, the Chief Clerk is to submit the certificate or report to the Judge for his approval, and the Judge may thereupon, if he approve the same, sign such certificate or report in testi- mony of his adoption thereof as follows : — " Approved, this day of ." L. The certificate or report, when signed by the Judge, with the accounts, if any, to be filed therewith, is to be transmitted by the Chief Clerk to the Report Office, to be there filed. LI. The time within which an application may be inade by summons or motion to discharge or vary any certificate or report which has been signed and adopted by the Judge sitting in chambers, is to be eight clear days after the filing of such certificate or report. 15 LII, Certificates of the Chief Clerk made as mentioned in Rule XLIII., and not required to be signed and adopted by the Judge, are to be transmitted and filed in the same manner as those signed and adopted by tiie Judge. LIII. The Orders XLVII., XLVIIL, XLIX., and LI., are not to apply to certificates on passing Receivers' accounts. Such certificates may be approved and signed by the Judge without delay, and upon being so signed are to be filed and forthwith acted upon. LIV. A register is to be kept of all proceedings in the Judge's chambers, with proper dates, so that all the pro- ceedings in each cause or matter may appear consecu- tively and in chronological order, with a short statement of the questions or points decided or ruled at any hearing; LV. Parties attending any proceeding in chambers, without having obtained the previous leave of the Judge to attend the same, are not to be allowed any costs of such attendance, unless by- special order of the Court. LVI. The costs of Counsel attending the Judge in chambers are not in any case to be allowed, unless the Judge certifies it to be a proper case for Counsel to attend. Deposit of Deeds. LVII. Where any deeds or other documents are ordered to be left or deposited, the same are to be left or de- posited in the Record and Writ Office, and are to be subject to such directions as may be given for the pro- duction thereof. 16 Power of Judge. LVIII. Powers and authorities given to the Masters in Ordinary of the Court of Chancery by any General Order or Orders of the Court, may be exercised by the Judge sitting in chambers. LIX. The power of the Court and of the Judge sitting in chambers to enlarge or abridge the time for doing any act or taking any proceeding, and to give any special direction as to the course of proceeding in any cause or matter, is unaffected by these Orders. Commencement of Orders. LX. These Orders shall take effect and come into operation from and after the 1st day of Michaelmas Terra, 1852. LXI. In these Orders the following words have the several meanings hereby assigned to them, over and above their several ordinary meanings, unless there be some- thing in the subject, or context, repugnant to such con- struction ; viz. : — 1. Words importing the singular number include the plural number, and words importing the plural number include the singular number. 2. Words importing the masculine gender include females. 3. The word " party," includes a body politic or cor- porate. 17 4. The word " affidavit," includes affirmation. 5. The word "Order," includes Decree and Decretal Order. 6. The word " Receiver," includes consignee and ma- nager. St. Leonards, C. John Romilly, M. R. G. J. Turner, V.-C. RiCHD. T. KlNDEESLEY, V.-C. 18 SCHEDULE (A). Form of Summons. In Chancery. In the Matter of John Thomas, an Infant, or Joseph Wilson William Jackson. Let all parties concerned attend at my chambers [in the Rolls Yard, Chancery Lane, Middlesex], [or, at No. — , Square, Lincoln's Inn, Middlesex], on the day of , at of the clock in the noon, on the hearing of an application on the part of {here state on whose behalf the application is made, and the precise object of the application'] . Dated this day of 1852. John Romilly, Master of the Rolls, or, Geoege James Turner, Vice-Chancellor, or, Richard T. Kindebsley, Vice-Chancellor, or, John Stuart, Vice-Chancellor. This summons was taken out by A. and B., of Lin- coln's Inn, in the county of Middlesex, solicitors for To The following Note to be added to the original sum- mons where proceedings originate in chambers ; and when the time is altered by endorsement, the endorse- ment to be referred to as below. Note. — If you do not attend, either in person or by your solicitor, at the time and place above mentioned \pr, at the place above mentioned, at the time mentioned. 19 t« the endorsement hereon'], such Order will be made, and proceedings taken, as the Judge may think just and expedient. N.B. — The Form of Summons to be obtained under section 45 of the Act 15 ^16 Vict. c. 86, is pre- scribed by RuleXLII. of the Orders of 1 Aug. 1852. SCHEDULE (B). Form of Summons by 'Chief Clerh. In Chancery. In the Matter of the Estate of John Thomas, late of , in the county of , deceased, or Joseph Wilson agajnst William Jackson. The defendant, William Jackson [or, A. B. of, &c.] is hereby summoned to attend at the chambers of the Mas- ter of the Rolls [or, Vice-Chancellor J, in the Rolls Yard, Chancery Lane \or. No. — , Square, Lincoln's Inn, Middlesex] , on the day of at of the clock in the noon, to be examined [or, to be exa- mined as a witness on the part of the for the purpose of the proceedings directed by the Master of the Rolls [or, the said Vice-Chancellor] to be taken before me. Dated this day of 1852. A. B. Chief Clerk. This summons was taken out by A. and B. of Lincoln's Inn, in the county of Middlesex, solicitors for 20 SCHEDULE (C). Form of Order. This Court doth order, that the following accounts and inquiries be taken and made ; that is to say, 1. An account of the personal estate not specifi- cally bequeathed, of A. B., deceased, the testator in the pleadings named, come to the hands of, &c. 2. An account of the said testator's debts. 3. An account of the said testator's funeral ex- penses. 4. An account of the said testator's legacies. 6. An inquiry what parts (if any) of the said tes- tator's personal estate are outstanding or undisposed of. And it is ordered, that the said testator's personal estate not specifically bequeathed, be applied in payment of his debts and funeral expenses in a course of administration, and then in payment of his legacies. And it is ordered, that the following further accounts and inquiries be taken and made ; that is to say, 6. An inquiry what real estate the said testator was seised of or entitled to at the date of his will and at the time of his death. 7. An inquiry what incumbrances affect the said testator's real estate. 8. An account of the rents and profits of the said testator's real estate received by, &c» 9. And it is ordered, that the said testator's real estate be sold. And it is ordered, that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised. 21 SCHEDULE (D). Form of Advertisement. Pursuant to a Decree or Order of the High Court of Chancery, made in a cause against the creditors of [or persons claiming debts, or liabilities affecting the estate of, or the persons claiming to be next of kin to, or the heir of, as the case may be] , late of in the county of who died In or about the month of are by their solicitors, on or before the day of to come in and prove their debts or claims at the chambers of the Master of the Rolls, in the Rolls Yard, Chancery Lane [or, of the Vice- Chancellor No. — , Square, Lincoln's Inn], Middlesex, or in default thereof they will be peremp- torily excluded from the benefit of the said Decree [or Order] . Monday, the day of at o'clock in the noon, at the said chambers, is appointed for hearing and adjudicating upon the claims. Dated this day of 1852. A. B. Chief Clerk. SCHEDULE (E). Form of Certificate of Chief Clerk. In the Matter of , [or. Between .] [State titleJ] In pursuance of the directions given to me by the Master of the Rolls [or, the Vice-Chancellor J, I hereby certify, that the result of the accounts and inquiries which have been taken and made, 22 in pursuance of the Order in this cause, dated the day of , is as follows : — 1. The defendants, the executors of , the testator, have received personal estate to the amount of £ , and they have paid, or are entitled to be allowed on ac- count thereof, sums to the amount of £ , leaving a balance due from [or to] them of £ , on that account. The particulars of the above receipts and payments appear in the account marked , verified by the affidavit of , filed on the day of , and which account is to be filed with the certificate, except that in addition to the sums ap- pearing on such account to have been received, the said defendants are charged with the following sums [state the same here, or in a schedule^, and except that I have disallowed the items of disbursement in the said account numbered and [ Or in cases where a transcript has been made.] The defendants, , have brought in an account verified by the affidavit of , filed on the day of , and which account is marked , and is to be filed with this certificate. The account has been altered and the account marked , and which is also to be filed with this certificate, is a transcript of the account as altered and passed. 2. The debts of the testator which have been allowed are set forth in the Schedule hereto, and with the interest thereon and costs mentioned in the Schedule, are due to the persons therein named, and amount alto- gether to £ 3. The funeral expenses of the testator amount to the 23 sum of £ , which I have allowed the said executors in the said account of personal estate. 4. The legacies given hy the testator are set forth in the Schedule hereto, and with the interest therein mentioned remain due to the persons therein named, and amount altogether to £ 5. The outstanding personal estate of the testator con- sists of the particulars set forth in the Schedule hereto. 6. The real estate to which the testator was entitled consists of the particulars set forth in the Schedule hereto. 7. The incumbrances affecting the said testator's real estate, are specified in the Schedule hereto. 8. The defendants have received rents and profits of the testator's real estate, &c. [in a form similar to that pro- vided with respect to the personal estate^ . 9. The real estates of the testator directed to be sold have been sold, and the purchase money, amounting al- together to £ , have been paid into court. N.B.- — The above numbers are to correspond with the numbers in the decree. After each statement the evidence produced is to be stated as follows : — The evidence produced on this account [or inquiry] consists of the probate of the testator's will, the affidavit of A. B. filed , and paragraph No. of the affidavit of C. D. filed St. Leonards, C. John Romilly, M.R. G.J.TURMER, V.-C. RiCHD. T. KiNDERSLEY, V.-C. AS EPITOME 07 THE NEW CHANCEST FBACTICE. Just published, in 12mo., price 2s. 6d, sewed, A N EPITOME of the NEW CHANCERY PRACTICE, -'-* combining the Act 15 & 16 Vict. cap. 86, " for the Improvement of the Jurisdiction in Equity,' and the General Orders (dated 7th August, 1852) , made in pursuance thereof, being so arranged as to give a connected reading to the Act and Orders ; and (by a careful avoidance of such parts of the Act and Orders as are merely a repetition the one of the other) to convey concisely, and in language adapted to the ordinary intercourse of the Profes- sion, the Intent and Meaning of their several Provisions. With an Appendix containing the Act and Orders. By Thomas W. Braithwaite, of the Record and Writ Clerks OiEce. THE NEW CHANCEBT ACTS AND OBDEBS.-BT TTTilAm.AM A^ LL THE NEW CHANCERY ACTS of 15 & 16 VICT., with the New Orders of the 7th August and 16th October, 1852, showing the Present Practice of the High Court of Chancery, with Notes referring to the last edition of " DanieWs Practice." By Thomas E. Hbadlam, Esq., M.P., one of Her Majesty's Counsel. STEVENS & NORTON, 26, BELL YARD, LINCOLN'S INN. Bp 9[utftorttp* GENERAL ORDERS RULES HIGH COURT OF CHANCERY, ISSUED BY THE LORD HIGH CHANCELLOR, Saturday, 23rd day of OCTOBER, 1852. LONDON: V. & E. STEVENS AND G. 8. NOETON, HaSn iSooteHers anb )^uiiltsi)ng, {Suceeiiors to the late J. S( W. T. CLARKE, of Portugal Street,) 26, BELL YARD, LINCOLN'S INN. LOJJDON: STETBKI! iHD CO., rEIIfTBKS, BELI. TiHB, MKOOtH'S IHIf. ORDER OF COURT. Saturday, the 23rd day of October, 1852. The Right Honorable Edward Buetenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Ho- norable Sir John Romilly, Master of the Rolls, the Right Honorable the Vice-Chancellor Sir George James Turner, and the Honorable the Vice-Chancellor Sir Richard Toein Kind:|rsley, doth hereby, in pursuance of an Act of Parliament passed in the fifteenth and six- teenth years of Her present Majesty, intituled "An Act to abolish the Office of Master in Ordinary of the High Court of Chancery, and to make Provision for the more speedy and efficient Despatch of Business in the said Court," and in pursuance and execution of all other powers enabling him in that behalf. Order and Direct, as follows, videlicet : — L The Chief Clerks of the Master of the Rolls, and Vice-Chancellors respectively, are directed to take the following fees : — £ s. d, 1 For every original summons for the purpose of proceedings originating in chambers 5 2 For every duplicate thereof . . .050 3 For every other summons . . . .030 4 For every advertisement . . . .10 6 For every certificate or report . . .10 6 For every certificate upon the passing of a Receiver's or Consignee's account, a fur- ther fee in respect of each 100/. received of 10 £ s. d. 7 For every order drawn up by the Chief Clerk made upon applications for time to plead, answer or demur, for leave to amend bills or claims, or for enlarging publication or the period for closing evidence, or for the prodnction of documents, or applications relating to the conduct of suits or matters & 8 For every other order drawn up by the Chief Clerk 10 II. The Registrars are directed to take the following fees : — For orders made by a Judge in chambers, drawn up by the Registrar, the like fees as before directed to be taken by the Chief Clerk for orders drawn up by him. III. The Record and Writ Clerks are directed to take the following fees : — For office copies of original depositions, and examinations, per folio . . . .004 For entering appearances to Judge's summons, same charge as for appearing to a bill. For stamping every copy of a bill or claim for service 5 For stamping every copy of a Judge's summons for service . . . . . . .050 For examining every copy or part of a copy of a set of interrogatories, and marking same as an office copy 5 IV. All fees received by officers of the Court, under the preceding Orders, are to be accounted for and paid by them respectively, once in every month, into the Bank of England, in the name of the Accountant-General, to be placed to the account there entitled "The Suitors' Fee Fund Account;" the amount so received and paid by such officers respectively to be verified by the affidavit of the accounting party. V. Solicitors are entitled to charge and be allowed the following fees : — £ s. d. For instructions to commence proceedings ori- ginating in chambers, or to defend the same 13 4 For preparing an original summons for the pur- pose of proceedings briginating in chambers, and the duplicate thereof . . . . 13 4 For attending at chambers to get such sum- mons and duplicate examined and sealed .068 For attending at the Record and Writ Office to file duplicate and examine copies, and get same stamped . . . . . .068 For endorsing a summons and the copies under Order VI. of 16th October, 1852, and attend- ing to get same sealed . . . .068 For entering the appearance for one or more defendants, if not exceeding three . .068 If exceeding three, for every additional num- ber not exceeding three an additional sum of 6 8 In cases of proceedings originating in cham- bers the same term fee as in a suit. For preparing every other summons and at- tending to get same filled up and sealed at chambers 6 8 For each copy of a summons to serve or leave at chambers 2 £ s. d. For attending on a summons or other appoint- ment, each day, a fee of 6s. Bd., 13s. 4rf., or \l. Is., according to circumstances ; but the fee is to be Qs. 8d., unless a larger fee is allowed by the Judge or his Chief Clerk. Wliere from the length of the attendance, or from the difficulty of the case, the Judge shall think the highest of the above fees an insuf- ficient remuneration for the services per- formed, or where the preparation of the case to lay it before the Judge shall have required skill and labour for which no fee has been allowed, the Judge may allow such further fee, not exceeding one guinea, as in his discretion he may think fit. For preparing every advertisement . . .068 For attending to get same approved and signed 6 8 For attending for every order drawn up by the Chief Clerk, and at the Registrar's office to get same entered 6 8 For attending to enter claim under Order XXXVI. of 16fh October, 1852, and to file affidavit . . . . - . 6 8 For perusing the affidavits of claimants coming in under Order XXXVI. of 16th October, 1852, and attending in chambers at the time appointed by the advertisement, where the number of claims does not exceed five .110 Where the number exceeds five, for every ad- ditional number, not exceeding five, an addi- tional sum of 110 £ 5. d. For attending to bespeak and procure office copy of certificate or report . . .068 For all other business performed such fees as by the practice of the Court they are entitled to for similar business. (Signed) St. Leonards, C. John Romilly, M. R. G. J. Turner, V.-C. Richard T. Kisdersley, V.-C. STAEKIE'8 LAW OF EVIDENCE-NEW EDITION. Just pablished, in 1 vol. royal 8vo. price I/. I6t., cloth, A PRACTICAL TREATISE of the LAW of EVIDENCE. ' By Thomas Stabkib, Esq. Fourth Edition, with very considerable Alterations and Additions. Incorporating the Statutes and Reported Cases to the time of Publication. By 6. M. DowDESWBLL and J. G. Malcolm, Esqrs., 6arristers-at-Law. THE COUMON LAW FBOCEDTTBE ACT. Just published, in 12mo., price 12«. THE COMMON LAW PROCEDURE ACT. With Nu- merous Notes, explanatory of its Practical Effect, as to Process, Prac- tice, and Pleading; and an Introduction. By R. Morris, Esq., Barrister-at-Law, Assistant Master of the Court of Exchequer; and W. F. Finlason, Esq., Barrister-at-Law and Special Pleader. " The Kotes, explaining the practical alterations effected by the Statute, are very full and valuable. iJoth the learned writers are peculiarly well prepared to expound this important Statute.'* — Legal Observer^ 9th October, 1853. AN EPITOME OF THE IfEW CHANCERY PRACTICE. Just published, in 12mo., price 2s, 6d. sewed, AN EPITOME of the NEW CHANCERY PRACTICE, combining the Act 15 & 16 Vict. cap. 86, " for the Improvement of the Jurisdiction in Equity," and the General Orders (dated 7th August, 1852), made in pursuance thereof, being so arranged as to give a connected reading to the Act and Orders ; and (by a. careful avoidance of such parts of the Act and Orders as are merely a repetition the one of the other) to convey concisely, and in language adapted to the ordinary intercourse of the Profes- sion, the Intent and Meaning of their several Provisions. With an Appendix containing the Act and Orders. By Thomas W. Braithwaite, of the Record and Writ Clerks' Office. THE NEW CHANCERY ACTS AND ORDERS.-BY HEADIAU. Nearly ready, in 8vo. ALL THE NEW CHANCERY ACTS of 15 & 16 VICT., with the New Orders of the 7th August and 16th and 25th October, 1852, showing the Present Practice of the High Court of Chancery, with Notes referring to the last edition of " Daniell's Practice." By Thomas E. Headlam, Esq., M.P., one of Her Majesty's Counsel. COMMON LAW PROCEDURE ACT. In a few days will be published, in royal 12mo. •pORMS of PRACTICAL PROCEEDINGS in the Courts of -*- Queen's Bench, Common Pleas, and Exchequer of Pleas, framed to meet the alteration in the Practice effected by the Common Law Procedure Act ; with Copious Notes. By Thomas Chitty, Esq., of the Inner Temple. STEVENS & NORTON, 26, BELL YARD, LINCOLN'S INN. aSp autftoritp. GENERAL OEDERS R.U L E S HIGH COURT OF CHANCERY, ISSDED BT THE LORD HIGH CHANCELLOR, 25th DAT OF OCTOBER, 1852. LONDON: V. & R. STEVENS AND G. S. NORTON, Eaitr 1Saaitet\kte anil puitltsfters, {Successors to the late J. Sf W. T. CLARKE, of Portugal Street,) 26, BELL YARD, LINCOLN'S INN. LONDON SrnrKBB i.WD CO., JBIlfTIlHS, BKM, lABD, tllfOOlH's I»ir. ORDER OF COURT, Monday, the 25th day of October, 1852. The Right Honorable Edward Burtenshaw, Lord St, Leonards, Lord High Chancellor of Great Britain, doth hereby, in pursuance of an Act of Parliament passed in the fifteenth and sixteenth years of the reign of her present Majesty, intituled "An Act for the relief of the Suitors of the High Court of Chancery," and in pursuance and execution of all other powers enabling him in that behalf. Order and Direct that all and every the orders, rules, and directions hereinafter set forth shall henceforth be, and for all purposes be deemed and taken to be, " General Orders and Rules of the High Court of Chancery," viz. : — L In lieu of copies of pleadings and other proceedings in the Court of Chancery, and of the documents relating thereto, being made and delivered by officers of the Court at the office in vrhich they are filed or left, copies of such pleadings, proceedings, and documents (save as hereinafter excepted), are to be made, delivered, charged, and paid for according to the following regulations : — 1. The following copies are exempted from this Order, that is to say, office copies of proceedings filed in the Re- port Office ; office copies of answers, pleas, and demurrers; office copies of depositions of witnesses, and examination of parties to be made for and taken by the party on whose behalf such depositions and examinations have been taken ; office copies of affidavits to be made for and taken by the party filing the same ; and office copies of affi davits to be taken under Order XXXVII, of 16th October, 1852. 2. The party or his solicitor requiring any copy, save as hereinbefore excepted, is to make a written application to be delivered to the party by whom the copy is to be furnished, or his solicitor, with an undertaking to pay the proper charges. 3. Upon such requisition being made with such under- taking as aforesaid, copies of such pleadings, proceedings, or documents, are to be made by the party or his solicitor filing or leaving the same, or who under the first rule may have taken office copies thereof. 4. The copies are to be ready to be delivered at the expiration of forty-eight hours after the delivery of such request and undertaking, or within such other time as the Court may in any case direct, and are to be delivered accordingly upon demand and payment of the proper charges. 5. The charges for all such copies are to be at the rate of id. per folio. 6. Copies of bills of costs are to be made side for side, so as to correspond with the bills of costs left in the office. 7. The folios of all copies are to be numbered con- secutively in the margin thereof, and the name and ad- dress of the party or solicitor, by whom the same is made, is to be endorsed thereon in like manner as upon the pro- ceedings in the Court ; and such party or solicitor is to be answerable for the same being true copies of the original, or of an office copy of the original pleadings, proceeding, or document of which it purports to be a copy, as the case may be. 8. In cases of ex parte applications for injunctions, or writs of ne exeat regno, the party making such applica- tion is to deliver copies of the affidavits upon which it is granted, upon payment of the proper charges immediately upon the receipt of such written request and undertaking as aforesaid, or within such time as may be specified in such request, or may have been directed by the Court. 9. Any party or solicitor who has taken any office copy mentioned in Rule 2, is to produce the same in Court, or at the Judge's Chambers, when required for the pur- pose of the proceedings to which the same relate. II. That all office cppies, and copies to be furnished by parties or their solicitors, shall be written on paper of a convenient size, with a sufficient margin, and in a neat and legible manner, similar to that which is usually adopted by law stationers ; and in the case of copies to be furnished by parties or their solicitors, unless so written, the parties or solicitors furnishing them shall not be en- titled to be paid for the same. III. That in case any solicitor who shall be required to furnish any such copy as aforesaid shall either refuse, or for two clear days from the time when the application for such copy shall have been made shall neglect, to fur- nish the same, the person by whom such application shall be made shall be at liberty to procure a copy from the office in which the original shall have been filed, in the same way as if no such application had been made to the solicitor, and in such case no costs shall be due or pay- able to the solicitor so making default in respect of the copy or copies so applied for. IV. That in case any solicitor by whom any such copy ought to be furnished shall neglect to do so for such two clear days as aforesaid, or for one clear day, an addition of two clear days or one clear day, as the case may be, shall be made to the period within which any proceeding which may have to be taken after obtaining such copy ought to be so taken, so that the person requiring such copy may be as little prejudiced as possible by such neglect as aforesaid. V. That the Taxing Master shall not allow any costs in respect of any copy so taken as aforesaid , unless the same shall appear to him to have been requisite, and to have been made with due care both as regards the contents and the writing thereof. VI. That from and after the first day of November next, all the fees now payable in relation to such pro- ceedings in the said Court as are mentioned in the first part of the first schedule hereinafter contained shall be abolished ; and the fees specified in the second part of such schedule shall be payable, and the same (save as pro- vided by the seventh of these Orders) shall be collected, not in money, but by means of stamps denoting the amount of such fees, stamped or aflSxed, at the expense of the parties liable to pay the fees, on or to the vellum, parchment, or paper on which the proceedings in respect whereof such fees are payable are written, or printed, or which may be otherwise used in reference to such pro- ceeding. And where any of the fees specified in the second part of the said first schedule shall be payable in respect of any matter or thing to be done by any officer, or in any office of the Court, and it shall not have been customary to use any written or printed document or paper in refer- ence to such matter or thing, whereon the stamp could be affixed, the party or his solicitor requiring such mat- ter or thing to be so done, shall make application for the same, by a short note or memorandum in writing, and a stamp denoting the amount of the fee so payable shall be stamped on, or affixed to, such note or memorandum. VII. That in all cases where the costs are directed to be paid out of a fund in Court, the fees of taxation shall not be payable by means of stamps, but shall be carried over by the Accountant-General to the credit of the Suitors' Fee Fund ; and, to that intent, the Taxing Master shall in such cases certify the amount of such fees. VIII. That from and after the 28th October, 1852, the brokerage which shail'or may from time to time be re- ceived by the Accountant-General of the Court of Chan- cery shall be paid by him, on the first day of every month, or as soon after as conveniently may be, into the Bank of England, to be there placed to his credit as such Accountant-General, to the account entitled " The Suitors' Fee Fund Account." IX. That, subject to the superintendence and direc- tion of the Accountant-General of the Court of Chan- cery, with the approbation of the Lord Chancellor, the first, second, and third clerks in each division of the Ac- countant-General's office, shall, from and after the said 28th day of October, 1852, and until other Order or pro- vision shall be made in that behalf, continue to perform the acts or duties hitherto performed by such clerks, and which are mentioned in the said second schedule, in addi- tion to the duties prescribed by Act of Parliament as heretofore ; and such fees as are specified in the second schedule hereto shall be paid for such acts as aforesaid, to be accounted for in like manner as the other fees now received in the office of the said Accountant-General, and to be collected by means of stamps in like manner 8 as provided by Order VI. ; and from and after the said 28th day of October, 1852, no other person shall per- form such acts or duties. And in order to enable the Lord Chancellor, with the consent of the Commissioners of her Majesty's Treasury, from time to time to fix the amount of the yearly salaries to be paid to such clerks, the Accountant-General shall every six months make a return td'the Lord Chancellor of the amount received during the preceding six months in respect of such fees. The First Schedule' to which the foregoing Orders refer. Part I. — FEES NOW PAYABLE WHICH ARE TO BE ABOLISHED. Masters' Office. £ s. d. For drawing every report exclusive of schedules of accounts of parties accounting before the Masters, and exclusive of the fee on signing, per folio 10 For drawing schedules of accounts of parties accounting before the Master, per folio .006 For taking the acknowledgment of any deed .060 For searching for papers in a cause or matter not in immediate progress before the Master 6 8 For entering accounts of receivers, consignees, and committees, per folio, in each book .004 For entering accounts of parties accounting be- fore the Master in a book, if required, per folio 4 For every exhibit 2 6 When a Master shall be required to attend a party to administer on oath, there shall be £ s. d. paid a further fee of 10s. over and besides the coachhire, or reasonable travelling expenses of the Master 10 And for copies of every document or writing made in the Master's office, and also for the transcript of every report, pursuant to the Act of Parliament 3 &4 Will. 4, cap. 94, and the General Orders of 26th October, 1842, per folio 4 « Registrars' Office. 1 For every decree or order on the original hearing of the cause, and on further directions ...... 2 For every office copy thereof 3 For every order on petition or motion of course, not exceeding one side 4 For every additional side of such order 5 For every order on other petitions, where the reference is directed, but the decision of the Master is not to be final, and also where the petition is dismissed 6 For every office copy thereof . 7 For every order for a special injunction, or for the appointment of a receiver . 8 For every office copy .... 9 For every order for payment of money out of court, and for no other purpose, where the sum or sums thereby specifically directed to be paid shall not exceed in the whole 100/ 10 10 For every office copy thereof . . .050 1 1 For every order of transfer out of court, or 3 10 2 3 1 10 10 2 10 1 10 £ s. d. sale of any sum or sums of government stock or South Sea Annuities, (excepting Long Annuities and annuities .for terms of years,) and for no other purpose, where the sum or sums thereby specifi- cally directed to be transferred or sold shall not exceed in the whole lOOZ. stock or annuities . . . . . 10 12 For every office copy thereof . . .050 13 For every order for payment out of court of any annuity or annuities, not exceeding in the whole 51. per annum, or of any in- terest or dividends upon stock or annui- ties, not exceeding in the whole 5/. per annum, and for no other purpose . 14 For every office copy thereof 14a For every office copy of every other order for payment or transfer out of court 15 For every other order on special motions . 16 For every office copy thereof 17 For every order on arguing exceptions 18 For every office copy thereof 19 For every order on arguing pleas and de- murrers . . . 20 For every office copy thereof 21 ^For every order on petition of appeal or re- hearing ...... 22 For every office copy thereof . 23 For every order on petitions not herein otherwise specified .... 24 For every office copy thereof . 25 For every order in any matter of lunacy 26 For every office copy thereof 10 5 1 1 10 2 1 1 10 2 1 2 1 10 5 £ s. d. 10 6 2 10 1 5 11 27 For every order in any matter of bankruptcy 28 For every office copy thereof 29 For every copy of a petition of appeal on the rehearing, per side . . . .006 30 For every order on the hearing of a claim on further directions .... 31 For every office copy thereof 32 For every order on arguing exceptions (on claim) 33 For every office copy thereof 34 For every order (on a claim) for transfer out of court or sale of any government stock, Sec, exceeding lOOZ. stock or an- nuities ; and for every order for payment out of court of any annuity or annuities, or of any intei'estor dividends upon stock or annuities, exceeding in the whole 6/. per annum . . . . . 1 10 35 For every office copy thereof . . . . 10 36 For every order for payment of money out of court where the sum or sums thereby directed to be paid shall exceed 100/. and shall not exceed in the whole 500/. ; and for transfer out of court or sale of any sum or sums of government stock or South Sea Annuities (excepting Long Annuities or annuities for terras of years), when the sum or sums thereby directed to be transferred or sold shall exceed 100/. and shall not exceed in the whole 500/., and for payment out of court of any annuity or annuities exceeding 6/. and not exceeding in the whole 25/. per annum, or of any interest or dividends 12 £ s. d. upon stock or annuities exceeding 61. and not exceeding in the whole 25/. per an- num, and for no other purpose . .10 37 For every office copy thereof . . . 10 38 For every other order for payment or transfer out of court . . . .200 Report Office, Searches, 6c?. per year 6 Examination of office copies for evidence, per folio of ninety words . . . . . IJ Entering Seats. For every order or decree left for entry, con- taining 168 words on a side . . .006 For every certificate on Master's report . .010 ipntering every attachment . . . .003 Affidavit Office. For filing every affidavit, with or without sche- dules, or other papers thereto annexed .004 For the registrar's or his deputy's hand to every copy of an affidavit, with or without schedules or other papers thereto annexed 10 For every search for an affidavit for each term 6rf., with the liberty of reading it over, if found 6 For searching for, and taking an original affi- davit off the file in order to attend the Lord Chancellor or Master of the Rolls therewith, or to be made use of in any court . .068 For attending therewith, at the Lord Chancel- lor's, or at any of the courts at Westmin- ster, or in London, each time . , .068 13 £ s. d. For examining the copy of every aflSdavit, with the original, in order to make use of such copy as evidence in any other court than the Court of Chancery . . . .010 Taking affidavits for distringas . . .010 For carrying an original aflBdavit by the regis- trar, or his deputy, to any assizes, for each day, including horse hire and expenses .110 For trouble, attendance, and taking security to return an original aflSdavit to the office, when by an order of the'Court such original affi- davit is directed to be delivered to an as- sociate or clerk of assize, to be made use of at the assizes ...... For every exhibit ...... Examiners. Every witness sworn, including oath Ditto, sworn, and not examined, including oath Every witness examined on close holidays Examining copy depositions, with record to prove on trial at law, if more than 40 sheets, for each sheet . . - . . . .002 Record and Writ Clerks. Sealing special injunction . . . . 1 10 Resealing any writ, or any alteration thereof .030 Every exemplification, per skin, exclusive of parchment and duty . . . . . 1 14 Amending every office copy, if more than 10 folios, for every folio over , . . .004 Search for records when in record-room, or for any person not being a party in the cause, for each year after the first year . .010 Every exhibit to an affidavit, &c. . . .026 6 8 2 6 2 6 5 1 7 8 14 £ s. d. Taxing Masters. For copies of bills of costs, and other docu- ments, per folio . . . . . .00 For drawing every report, per folio . .01 Per centage on amount of every bill of costs as taxed 2 10 For every exhibit . . . . . .02 Door Keeper of the Court of Chancery. For every cause heard on each side . .0130 In every further directions, ditto . . . 13 In every exceptions, each set . . . . 18 Every appeal, or rehearing, one side . .0130 Every plea, or demurrer, one side . . . 13 Every guardian assigned . . . . 0. 13 Out of \l. paid on setting down every petition 3 Every lunatic petition . . . . .030 Every witness examined viva voce . . .016 Every prisoner by habeas corpus . . .026 Setting down causes to be heard . . .10 Setting down cause at Rolls . . . .10 Term fee from Attorney-General . . . 1 10 Term fee from Solicitor- General . . .10 Upon swearing into oflaces before the Lord Chancellor 2 12 6 From each Queen's Counsel per Term . . 1 12 Rolls Court. — Secretaries. For drawing and copying every order of course For entering every order of course . . .0 For entering every order for setting down fur- ther directions, exceptions, pleas, and de- murrers . ...... For filing every petition for an order of course 5 15 £ s. d. 6 6 1 12 6 10 10 10 1 10 2 6 6 5 6 For answering and setting down every petition for hearing ...... For setting down every cause for hearing For setting down every cause on further direc- tions ........ For setting down every set of exceptions Ditto demurrer . Ditto plea Ditto rehearing . For advancing every cause .... For entering every caveat against the enrol- ment of a decree or order . . . .050 For every docket of decree or order signed by the Master of the Rolls For every office copy of an order For every fiat of enrolment On hearing out of Term of every cause, further directions, pleas, demurrers, and where de- cree is made, each party . . . . 13 On hearing of every petition in which an order is made, the petitioner pays . . .070 From each party, on the hearing of a cause in Term time 2 6 From each party on the hearing of a cause in Michaelmas and Hilary Terms only .010 For papers left at the Secretary's office for the Master of the Rolls on further directions, exceptions, &c. . . . . . .050 For every recognizance vacated . . .060 On the appointment of every guardian in court for infants out of Term . . . .070 For silk gowns. — A fee payable by each of Her Majesty's counsel attending at the Rolls Court, for each Term . . . . 12 6 16 £ s. d. In the Office of the Accountant- General. Certificate of payment in under order Ditto under Act of Parliament Certificate of transfers into court under order Ditto under Act Certificate- of investment of principal money . Ditto of interest money Certificate of sale of stock .... Certificate of transfer of stock out of court Carried over ...... Deposit of Exchequer bills .... Delivery out of ditto ..... Investment of principal money in Exchequer bills Ditto of interest money in ditto . Sale of Exchequer bills .... Exchange of Exchequer bills Chancery Subpoena Office. For every subpoena ..... For sealing every distringas For filing affidavit In the Office of the Secretary of Decrees and Injunctions. Enrolling Lord Chancellor's and Vice-Chan- cellor's decree , . . . . . 10 6 The like, Master of the Rolls . . . 10 6 Petition to enrol, nunc pro tunc . . .010 Answering same 10 If private seal enrolling decree, extra . .039 Searching if decree enrolled or caveats entered 10 2 4 2 4 3 6 2 2 6 1 6 2 6 5 6 5 6 4 5 5 6 6 5 6 1 5 6 3 17 Part II. — FEES TO BE COLLECTED BY MEANS OF STAMPS. In the Judges' Chambers. £ s. d. For every original summons for the purpose of proceedings originating in chambers . For every duplicate thereof . For every other summons For every order drawn up by the chief clerk, made upon applications for time to plead, answer, or demur, for leave to amend bills or claims, or for enlarging publication, or the period for closing evidence, or for pro- duction of documents, or applications relat- ing to the conduct of suits or matters .060 For every other order drawn up by the chief clerk ...,,. For every advertisement For every certificate or report For every certificate upon the passing of a re- ceiver's and consignee's account, a further fee in respect of each 100/. received of . 10 In the Masters' Offices. For every warrant or summons For every certificate or report For taking the acknowledgment of every mar- ried woman For attending any court per day by the clerk For every oath ...... For every certificate upon the passing of a re- ceiver and consignee's account, a further fee in respect of each 1-OOZ. received of . . 10 1 1 1 3 1 1 6 8 14 1 6 18 In the Registrars' Office. £ s. d. For every decree or decretal order on the hear- ing of a cause, or on further directions; and on the hearing of a special case, including the court fee and the charge for entry .400 For every order for transfer or payment out of court of an amount not exceeding 200/. stock or cash, or interest on stock not ex- ceeding £10 per annum, and for every order on petition where the petition is dismissed . 10 For every order for transfer or payment out of court of an amount exceeding 200/., but not exceeding 500/. stock or cash, or interest on stock exceeding 10/. per annum, and not ex- ceeding 25/. per annum, and for every or- der on special motion not herein otherwise specified .10 For every order on the hearing of claims, pleas, demurrers, exceptions, or on petitions not herein otherwise specified, or on petitions of appeal, rehearing for injunctions, receivers, and for writs of ne exeat regno . . .200 For every office copy of a petition of appeal or rehearing . . . . . . .10 For every order on petition or motion of course, including the entry thereof . . .050 For every office copy of a decree or order .10 In the Report Office. Upon every application for a search , .006 For all offijce copies, at per folio • . .004 19 Ajffidavits. £ i. d. 2 6 4 6 For filing every affidavit, with or without sche- dules or other papers thereto annexed, in- cluding exhibits, if any .... For the copy of every affidavit, for each folio . Upon every application to inspect an affidavit . Upon every application for the officer to attend with an affidavit or affidavits at the Lord Chancellor's, or at any of the courts at West- minster or in London, each day . . 10 Upon every application for the officer to carry an original affidavit to any assizes, for each day, besides reasonable expenses of officer .10 For every deponent, affirmant, or declarant to an affidavit, affirmation, or declaration sworn, affirmed, or declared in London, or within ten miles of Lincoln's Inn Hall .016 Upon any application for the officer to attend an invalid, including the attendance . .0100 In the JExaminers' Office. For filing interrogatories . . . .070 For all office copies, per folio . . .004 For every witness sworn and examined, including oath, for each hour 5 For every witness sworn and examined abroad (besides coach hire and reasonable expenses) I 7 If more than five miles from the Examiners' office, for the first day . . . . 2 15 For every Ather day 2 2 For attending the Lord Chancellor or the Master of the Rolls with record, per day . 10 20 For attending any Master at his office For attending with record in any other court or place in London or Westminster, per day If in the country, per day, besides reasonable expenses • . Upon every application to inspect depositions, including the inspection .... Upon every application to examine copies of depositions, with record to prove on trial at law Upon every application to search book for causes, including search . . . . Upon every application to search book for depo- sitions, including search .... £ s. 10 d. 1 2 3 5 1 1 4 1 6 1 N.B. — ^These fees will shortly cease to be payable when the new system comes into operation. In the Record and Writ Clerks' Office For all office copies, per folio Filing every bill or information For filing every claim .... For filing every special case Upon entering every appearance if not more than three defendants .... If more than three and not exceeding six de fendants And the same proportion for every number of defendants. For sealing an attachment or distringas, for not appearing or answering For every certificate For every copy of a bill or claim to be served 7 14 8 4 5 21 d. 5 5 1 For every writ of summons, distringas, or sub- poena 5 For filing and entering duplicate of every judge's summons .... For stamping every copy thereof For sealing every other writ For every oath, affirmation, declaration, or at- testation upon honor . . . . .016 For examining every copy, or part of a copy of a set of interrogatories, and marking same as an office copy 5 Upon every application for a search for a record, and for searching . . . . .020 Upon every application to inspect a record, and for inspecting the same . . . .050 Upon every application to inspect exhibits, if occupied not more than one hour . .050 If more than one hour, per diem . . .0100 Upon every application for the officer's attend- ance in courts of lavr per diem, and for his attendance, besides reasonable expenses of the officer 10 Upon every application for the officer's attend- ance in a court of equity, per diem . . 10 For examining and signing enrolments of de- crees and orders . . . . .300 For filing caveat against claim to revive, or against decree or order or enrolment . .050 For filing supplemental statement or statement for revivor . . . . . . 10 For office copies of depositions taken before examiner, at per folio , . . . .004 22 In the Taxing Masters Office. For every warrant or summons, but not more than one order or summons is to be issued on one hill, or set of bills, unless the Taxing Master shall think it necessary to issue a new warrant or summons . . . • .030 On signing every report and certificate . .10 Upon the Master's certificate of every bill of costs, as taxed, where the amount shall not exceed 201 10 Upon every additional 20/. or fractional part thereof, a further fee of . . . . 10 For every oath, affirmation, or attestation upon honor . .- 16 In the Lord Chancellor's Principal Secretary's Office. On all attendable petitions, appeals, rehearings, and letters missive . . . . .10 On all non-attendable petitions . . . 10 On a matter of course order, on a petition of right 10 On an order for a commission on a petition of right 10 In the Office of the Secretary at the Molls. On every petition set down for hearing, to in- clude the fee on hearing . . . .10 On the petition for every order of course .070 On the admission of every solicitor . . 1 17 The Second Schedule to which the foregoing Order refers: — In the Office of the Accountant General. 1. For preparing English power of attorney with affidavit, exclusive of stamp duty .036 23 2. For preparing foreign power of attorney without affidavit 3- Jor special power of attorney 4, For copies of accounts, debtor and credi- tor's side, per folio, as to be explained by General Order ...... 6. Upon every application for a search . 3 5 3 5 (Signed) St. Leonards, C. STABKIE'S LAW OF EVIDENCE-NEW EDITION. Just published, in 1 vol. royal 8vo. price II. 16i., cloth, A PRACTICAL TREATISE of the LAW of EVIDENCE. By Thomas Starkib, Esq. Fourth JBdition, irith very considerable Alterations and Additions. Incorporating the Statutes and Reported Cases to the time of Publication. By G. M. Do'WDBSwsLL and J. G. Maloolu, Esqrs., Barristers-at-Law. THE COMUON LAW FBOCEDimE, ACT. Just published, in 12mo., price 12f, THE COMMON LAWPROCEDIJRE ACT. With Nu- merous Notes, explanatory of its Practical Effect, as to Process, Prac- tice, and Pleading ; and an Introduction. By R. MpsRis, Esq., Barrister-at-Law, Assistant Master of the Court of Exchequer; and W. F. Finlason, Esq., Barrister-at-Law and Special Pleader. „ " The Notes, explaining the practical alterations effected by the Statute, are ye^y full and' valuable. Both the learned writers are peculiarly well prepaxed to expound this important Statale."— Legal Obiener, 9th October, 1853. AN EPITOME OF THE NEW CHANCERY PRACTICE. Just published, in 12mo., price'28. 6d. seved, AN EPITOME of the NEW CHANCERY PRACTICE, combining the Act 15 & 16 Vict. cap. 86, " for the Improvement of the Jurisdiction in Equity," and the General Orders (dated 7th August, 1852), made in pursuance thereof, being so arranged as to give a connected reading to the' Act and Orders ; and (by a careful avoidance of such parts of the Act and Orders as are merely a repetition the one of the other) to convey concisely, and in language adapted to the'ordinary intercourse of the Profes- sion, the Intent and Meaning of their several Provisions. With an Appendix containing the Act and Orders. By Thomas W. Bbaithwaite, of the Record and Writ Clerks' Office. THE NEW CHANCERY ACTS AND ORDERS.-BY HEADLAU. Nearly ready, in 8to. ALL THE NEW CHANCERY ACTS of 15 & 16 VICT., with the New Orders of the 7th August and 16th and 25th October, 1852, showing the Present Practice of the High£aurt of Chancery, with Notes referring to the last edition of " Daniell's Practice." By Thomas E. Headlam, Esq., M.P., one of Her Majesty's Counsel. COMMON LAW FROCEDTTRE ACT. In a few days will be published, in royal 12mo. FORMS of PRACTICAL PROCEEDINGS in the Courts of Queen's Bench, Common Pleas, and Exchequer of Fleas, framed to meet the alteration in the Practice effected by the Common Law Procedure Act rwith Copious Notes. By Thomas Chitty, Esq., of the Inner Temple. I STEVENS & NORTON, 26, BELL YARD, LINCOLN'S INN. ./ % '-<^/ •t'i --^