KD m. ©orn^U Ham ^rlinnl Hthrarg JiatalfaU iEqmtg QloUwttott dtft nf I. 31. ilaraljaU. iCffi. 1. 1B94 CORNELL UNIVERSITY LIBRARY 924 084 250 285 Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924084250285 A MANUAL TIMES OF PROCEDURE CHANCERY. • EMBRACING, CHIEFLY, THE PEOVISIONS OF THE GENERAL RULES AND ORDERS OF THE COURT. THOMAS W. BEAITHWAITE, OF T^E BECOED AND WKIT CLERKs' OFFICE. LONDON: EDWAKD COX, 102, CHANCERY LANE. 18 64. Entered at Stationeiis' Hall. PREFACE. Three points only — embracing the design, scope, and arrangement of the Manual — need be referred to in this preface. 1. The design. — The times of procedure in Chancery, as prescribed by the General Orders of the Court, are now very numerous — and points, involving questions of time, constantly arise in the course of practice, in determining which the resources of even the most retentive memory are not always readily available — and the consequent needful investigation oftentimes occupies much valuable time. This Manual is designed to facilitate the determination of such questions, and will, it is hoped, be found to be thus effectual in its aid. 2. The scope. — The information given in the Manual embraces every rule of Court in which time is an element. The like provisions of the Acts of Parliament referred to in such rules are also included, but only so far as such provisions are additional to those contained in the rules, and operate subsequently to the institution of proceedings in Chancery under such Acts. The Manual might certainly have embraced the like provisions of every practical statute cognizable in Chancery, and every reported decision of the Court, the point of which turns upon a question of time ; and, indeed, these were included in the original plan ; but this part of the task necessitated so close and careful a consideration of the decisions, and comparison of the numerous reports thereof, that it became evident that any complete .and successful prosecution of it must necessarily have delayed the publication of the Manual a very long time ; there- fore that portion of the work is relinquished — at least, in combination with the authoritative provisions of the General Orders of the Court. 3. The arrangement. — The information is arranged under certain leading lexicographical headings, denoting the subjects of practice ; and the provisions of the rules of Court governing the times of procedure in relation to such subjects are set forth under sectional divisions and subdivisional articles — and such a typographical arrangement is em- ployed as wUl greatly assist the practitioner in readily discerning the U PKEFACE. information applicable to any particular case. Further to facilitate the search, numerous cross-references are introduced^which refer, in almost every instance, direct to the subdivisional article under which the required information will be found. The several parts of a subject, so far as they are embraced by the general rules and orders of the Court, are brought together, and arranged in the order in which the proceedings are required to be taken in actual practice. Thus, subjects of practice dealt with in separate issues of General Orders and, consequently, presented in fragmentary and complex form, are united and simplified. The subject under title "Evidence" may be referred to as in point. Thus, too, the inconvenience arising out of provisions of practice, similar in operation, being separated from each other, is avoided. A close adherence to the language of the Acts and Orders has been uniformly adopted throughout. Indeed, as respects the Consolidated General Orders especially, it was felt, after much consi- deration, that in no instance would the full meaning of the rule be expressed, with equal accuracy, in fewer words than have been em- ployed by the learned Consolidators themselves. No doubt this has extended the contents of the Manual. It has certainly augmented the labour of compilation. But advantages, of far greater importance than limitation of space and diminution of labour, have been thereby secured. Obviously, it must tend to enhance the practical value of the Manual — inasmuch as by such an adherence to the authoritative lan- guage of the rules of Court, the information given in the Manual becomes, in a sense, as reliable as the rules themselves. Moreover, the full substance of the rules being preserved, much additional information is thereby embodied, and risk of misconception removed. The notes appended are numerous. Their subject matter is closely connected with the rules prescribing the times of procedure. It is hoped, therefore, that the further and explanatory information given in the Appendix will be of real practical utility — especially in cases where it is desirable that such information should be immediately available. But, after all, in the use of the Manual by the practitioner will be found the true test of its value — and to that test it is now submitted, with some confidence, and in much hope. A MANUAL TIMES OF PROCEDUKE IN CHANCEEY. ABATEMENT 1. Of suit— (1) By death, marriage, or otherwise — Order to revive thereupon. See Order, Art. 20. (2) On the death of a sole plaintiff — Order directing revival of suit — in default bill to be dismissed. See Dismissal, Art 5. (3) Where the cause becomes abated (or compromised) after the same is set down for hearing — The solicitor for the plaintiff shall certify the C. G. O. 21, fact to the registrar, who shall cause an entry ^' ''• thereof to be made in the cause-book opposite to the name of such cause. (4) Striking "abated" cause out of the registrar's book — Any cause marked as "abated," or standing over C. G. O. 21, generally, shall be struck out of the cause-book '• *' at the expiration of 1 year. 2. Of proceedings during the prosecution thereof in cham- bers — certificate of chief clerk as to. See Appendix, Note 60, Art. 3. ABEIDGEMENT— O/ft'jwes of procedure— Power of the court as to. See Time, Art. 1. 2 Absconding Defendant — Act. ABSCONDING DEFENDANT 1. Attachment against for want of answer. See Attach- ment, Art. 3 (1). 2. Order for, to appear, See Order, Art. 3. 3. Entering appearance for. See Order, Art. 4. ACCOUNTS 1. Preliminary accounts, &c. See Preliminary Accounts. 2. Accounts taken in chambers under a decree or order. See Decree, Sec. 11. 3. Of a company (to be wound up under " The Companies Act 18G2"j— (1) When to be made up, &o. See Companies Act, Sec. III., Arts, 5 and 6, also Sec. XIII., Art. 2. (2) Custody of, when Ihe company has been wound up. See Appendix, Note 45. 4. Of a Receiver — (1) Leaving, passing, entering, and depositing when completed. See Receiver, Art. 3. (2) When the chief clerk's certificate, on passing, may be signed by the judge and filed. See Decree, Sec. II., Art. 7 (3) (4). ACCOUNTANT-GENERAL Attendance in the office of. — See Official Attendance, Art. 2. ACKNOWLEDGMENT— TaAzW/ an acknowledgment— C. G. 0. 4. Every commissioner shall express (on the document) the time when, and the place where, he shall take any acknow- ledgment of any deed or recognisance, otherwise the same shall not be held authentical nor be enrolled. ACT OF PARLIAMENT Memorandum. The Acts of Parliament, the titles and dates of which are hereunder set forth, are such as are mentioned or referred to in the General Orders of the Court. Two or three others, relating to the subjects of the provisions of such Acts, are also included. The date of the commencement of any Act is given only in those eases where the Act itself specifies such date : — I. Accountant- GeneraFs Office. — 12 Geo. 1. " An Act for better securing the monies and effects of the suitors of the High Court of Chancery,"* &c. — dated about May 1726. * Consequent upon (he defalcations of Uie'Miisters in Oidiii.irv. c. 32. Act. 3 2. Duties on Legacies, 3)C. — (1) "An Act for repealing certain duties on legacies 36 Geo. 3, and shares of personal estate, and for granting other '^' " duties thereon in certain cases," — dated 26th April, 1796. (2) " An Act to explain and amend" (the last preceding 37 Geo. 3. act),_dated 20th July, 1797. '"" ^^^' 3. Contempts, — paupers, — pro confesso. (1) "An Act for altering and amending the law regard- i "Wm.4, o. 36. ing commitments by courts of equit}' for contempts and the taking bills pro confesso," — dated 16th July^ 1830. (2) "An Act to make better provision for the relief of 23 & 24 Vic. prisoners in contempt of the High Court of Chancery and pauper defendants," &c., — dated 28th August, 1860. 4. Property of infants and other persons under disability — "An Act for consolidating and amending the laws 1 Wm. 4, c. 65. relating to property belonging to infants," &c., — dated 23rd July, 1830. .5. Abolition of the Court of {Equity) Exchequer, S^c. — • An Act to make further provisions for the admi- 5 Vic. c. 5. nistration of justice," — dated 5th October, 1841, — commenced 15th October, 1841. 6. Income tax — ••An Act for granting to Her Majesty duties on 5 & 6 Vic. profits arising from property, professions," &c., — '^- ^^■ dated 22nd June, 1842, — commenced as from 5th April, 1842. 7. Defence Acts — ( 1) " An Act to consolidate and amend the laws relating 5 & 6 Vic. to the services of the ordnance department, and the '^- ^*' vesting and purchase of lands, &c. for those services and for the defence and security of the realm," — dated 10th August, 1842. (2) "An Act to make better provision for acquiring 23 & 24 Vic. lands for the defence of the realm/' — dated 28th ^-i'^. August, 1860. 8. Drainage of settled estates — (1) "An Act to enable the owners of settled estates to 3 & 4 Vic. defray the expenses of draining the same by way of "" '' " mortgage," — dated 4th August, 1840. b2 8 & 9 Vic. u. 56. 10& 11 Tic. c. 96. 12 & 1 3 Vic. c. 74. 13 & 14 Vic. c. 60. Act. But repealed, subject to any proceedings pending thereunder at the time of the passing of the Act next mentioned, viz., by : — (2) "An Act to alter and amend" (the last preceding Act),— dated 31st July, 1845. 9. Law of Property — Trustee Relief- — (1) "An Act for better securing trust funds, and for the relief of trustees,"— dated 22nd July, 1847. (2) " An Act for the further relief of trustees," — dated 28th July, 1 849. (3) " An Act to consolidate and amend the laws relating to the conveyance and transfer of real and personal property vested in mortgagees and trustees,"* — dated 5th August, 1850, — commenced 1st November, 1850. 15 & 16 Vic. (4) "An Act to extend the provisions of 'The Trustee >=• 65- Act, 1850,'"— dated 20th June, 1852. 22 & 23 Vic. (5) " An Act to further amend the lavr of property, and •^^ ^^- to relieve trustees," — dated 13th August, 1859. 23 & 24 Vic. (6) " An Act to further amend the law of property," — «• 38- dated 23rd July, 1860. 10. " Special Cases," Sfc. — 13 & 14 Vic. "An Act to diminish the delay and expense of "• ^^- proceedings in the High Court of Chancery in England," — dated 15th July, 1850, — commenced " from and after 1st November, 1850." ] 1 . Abolition of the Office of " Master in Ordinary" Sfc. — 15 & 16 Vic. « ^Q j^gt tQ abolish the office of Master in Ordinary of the High Court of Chancery," &c., — dated 30th June, 1852. The principal provisions of the Act took effect on the 1st day of Michaelmas Term, 1852. 12. Amendment of the ge7ieral practice of the Court. — "An Act to amend the practice and course of pro- 1 5 & 1 6 Vic g gg ' ceeding in the High Court of Chancery," — dated 1st July, 1852, — commenced "from and after the 1st November, 1852." 13. Payment of fees by stamps — salaries and compensa- tions of officers of the Court, ^c. — 15 & 16 Vic. "An Act for the relief of the suitors of the High c- 87. Court of Chancery,"— dated 1st July, 1852. The * Cited as "The Trustee Act, 1850"— see section 58. Act. 5 principal provisions of the Act took effect " from and after the 28 th October, 1852." 14. Appointment of " London Commissioners to administer oaths in Chancery,^' S)-c. — "An Act relating to the appointment of persons to le & 17 Vie. administer oaths in Chancery, and to affidavits made ^- '8. for purposes connected with registration," — dated loth August, 1853. 15. Charitable Trusts — " An Act for the better administration of charitable 16 & 17 Vic. trusts,"*— dated 20th August, 1853. '^- '^'• 16. Leases and Sales of Settled Estates — (l)"An Act to facilitate leases and sales of settled 19 St 20 Vic. estates,"— daied 29th Julj, 1856,— commenced 1st ''' ^^°" November, 1856. (2) "An Act to amend and extend the Settled Estates 21 & 22 Vic. Act, 1856,"— dated 2nd August, 1858. <=. 77. 17. Trial hy Jury — "An Act to amend the course of procedure in the 21 & 22 Vic. High Court of Chancery, the Court of Chancery in <=• 27. Ireland, and the Court of Chancery of the County Palatine of Lancaster," f — dated 28th June, 1858, — commenced "from and after the 1st November, 1858." 18. Petitions of Right — " An Act to amend the law relating to petitions of 23 & 24 Vic. right, to simplify 'the proceedings, and to make pro- •=• 34. visions for the costs thereof," \ — dated 3rd July, 1860. 19. Chancery Evidence — " An Act to enable the Lord Chancellor and Judges 23 & 24 Vie. of the Court of Chancery to carry into effect the ^- ^'^^• recommendations and suggestions of the Chancery Evidence Commissioners, by general rules and orders of the Court," — dated 28th August, 1860. 20. " The Companies Act, 1862"— "An Act for the incorporation, regulation, and 25 & 26 Vic. winding up of trading companies and other associa- '^' ®^- tions," — dated 7th August, 1862, — commenced 2nd * Cited as " The Charitable Trusts Act, 1853." •f Cited as " The Chancery Amendment Act, 1858." X Cited as " The Petitions of Right Act, 1860." 6 Act — Adticb. November, 1862 (except a temporary enactment therein, thereby declared to operate immediately). ADJOURNMENT 1. Of appointment to settle or pass a decree or order. See- Appendix, Note 58. 2. For hearing claims. See Decree, Sec. II., Art. 6. 3. For signing certificate by the chief clerk. See Decree, Sec. n.. Art. 7 (1). 4. For adjudicating upon claims (under '-'The Companies Act, 1862"). See Companies Act, Sec. IV., Art. 4. ADMINISTRATOR Application by, for "judicial opinion," &c., under 22 & 23 Vic. c. 35. See Judicial Opinion. ADMISSIONS Of evidence — filing. See Appendix, Note 57, Art. 2. ADOPTION— 0/ a chief clerk's certificate. 1. By the Judge to whose court the cause is attached. See Decree, Sec. II., Art. 7 (3). 2. By one Judge for another. See Appendix, Note 70. ADVERTISEMENT 1. For creditors or other claimants — To come in under decree. See Decree, Sec. II., Art. 4. 2. Under " The Companies Act, 1862" — (1) Of the petition for vjrinding up the company. See Companies Act, Sec. 1, Art. 1. (2) Of the order to vrind up the company. See Com- panies Act, Sec. II., Art. 1. (3) For the appointment of, and of the appointment of, an official liquidator. See Companies Act, Sec. III., Art. 1 (2), also Art. 4. (4) For debts and claims. See Companies Act, Sec. IV., Art. 1. 3. Under the Leases and Sales of Settled Estates Act See Leases and SaleSj &c.. Art. 1. ADVICE Application by trustee, &c., for "judicial advice,'' under 22, 23 Vic. cap. 35. See Judicial Opinion. Affidavit. 7 AFFIDAVIT Section I. — Taking Affidavits. Tlie " Commissioners to administer oaths in Chancery in C. G. 0. 4. England" shall not, within ten miles of Lincoln's Inn Hall, take any affidavit, &c., or do any other act incident to their otfioe; and every such commissioner shall express the time when, and the place where, he shall take any affidavit, &c., otherwise the same shall not be held authentical, nor be admitted to be filed. Section II. — Filing Affidavits. 1. Before any affidavit is exhibited in court, or produced C. G. O. 18, for grounding any order, writ, process, or proceeding thereon, such affidavit shall be filed in the office of the Clerks of Records and Writs ; and no order grounded upon an affidavit shall be drawn up unless the affidavit be first so filed, and an office copy thereof be produced. 2. Where issue has been joined. See Evidence, Sec. I. 3. Where a notice of motion for a decree has been served See E\idence, Sec. II. 4. To be used on interlocutory proceedings before the court. See Evidence, Sec. III. 5. By claimants coming in pursuant to advertisement. See Decree, Sec. II., Art. 5. 6. Memorandum to be written at the foot of the affidavit (at the time of filing). See Appendix, Note 82. Section III, — Cross-examinations upon Affidavits. 1. Where issue has been joined. See Evidence, Sec. I., Art. 6. 2. Where a notice of motion for a decree has been served. See Evidence, Sec. 11., Art. 4. 3. To be used on an interlocutory proceeding before the court. See Evidence, Sec. III., Art, 3. Section IV. — Printing Affidavits. 1. Where issue has been joined. See Evidence, Sec. I., Art. 7. 2. Where a notice of motion for a decree has been served. See Evidence, Sec. II., Art. 5. r. 5. rr. 38 and 41. 8 Affidavit — Amendment. Section V. — Notice of Filing Affidavits. C. G. O. 35, Claimants coming in pursuant to advertisement shall give notice of the affidavit filed, (in support of their claims), to the solicitors in the cause, within the time specified for bringing in claims. In no other case does the practice require that such a notice shall be given. Section VI. — Making and delivering copies of Affidavits. By parties and solicitors. See Copies, Art. 2. Section VII. — Miscellaneous Points. 1. Affidavits to be used on any proceeding in chambers — (1) The party intending to use any affidavit in chambers shall give notice to .the other parties concerned of his intention. (2) All affidavits which have been previously made and read in court, upon any proceeding in a cause or matter, may be used before the Judge in chambers. 2. An affidavit proving the service of a subpcena upon any defendant must state when, where, and how such subpoena was served, and by whom such service was effected. 3. Affidavit of a trustee (under the Trustee Relief Act). See Trustee Relief Act, Art. 1. 4. Affidavit verifying a receiver's account. See Receiver, Art. 3 (2). 5. Affidavit verifying a petition for the winding up of a company (under "The Companies Act, 1862"). See Companies Act, Sec. I., Art. 2. AGREEMENT To take evidence orally. See Evidence, Sec. I., Art. 5. AMENDMENT— of Bill- Section I, — Order of course. An order of course to amend may be obtained — upon motion or petition without notice : — C. G. 0. 9, 1. For the purpose of rectifying some clerical error in names, dates, or sums at any time. C. G. r. 27. 0. 35, C. G. r. 28. 0. 35, C. G. r. 8. 0. 28, r. 9 Amendment. 9 2. Before answer at any time. C. a. O. 9, 3. After anstver — '■'• ^• (1) Where there is a sole defendant, or where, there C. G. 0. 9, being several defendants, they all join in the same ^- ^^ and 13. answer, — the plaintiff may obtain one order of course at any time after the answer is sufficient, but within 4 weeks. (Vacations being excluded.) C. G. O. 37, (2) Where there are several defendants who do not join ''■ ^^' '^'"'' <^')- in the same answer, — the plaintiff may obtain one ^^ ^[ and 'i3 order of course,* after the last of the answers required to be put in is sufficient, but within . . 4 weeks. (A^acations being excluded.) C. G. O. 37, 4. After demurrer filed — ' (1) Where the demurrer is to the whole bill, and is not C. G. O. 14, set down for argument, — after the filing of the ''' ^^' demurrer, but within 12 days. (Vacations being excluded.) C. G. 0. 37, _. (2) Where the demurrer is to part of a bill, and is not '^'^"-(1) (3)- set down for argument, — after the filing of the C. G. 0. 14, demurrer, but within 3 weeks. '' (Vacations being excluded.) C. G. 0. 37, - Aj^. 7 ^7 J •■• 13, art. (1) o. After plea filed— and (3). Where the plea is to the whole or part of a bill, and is not set down for argument, — after the filing of the ^' ^- *-*• l*' r. 17. plea, but within 3 weeks. (Vacations being excluded.) Section II. — Special Order. A special order to amend may be obtained : — 1. After filing, or undertaking to file, a replication, or after the expiration of 4 weeks from the time when the answer, or the last of the answers required, is sufficient. 2. Where a defendant has put in an answer to amendments C. G. O. 33, to which the plaintiff has not required an answer, — r. 12, art. (3). after the filing of such answer, but within 14 days. (Vacations being excluded.) C. G. 0. 37, ^ ° ' r. 13, art. (1). Section III. — Amending the Kecord. The bill shall, (in all cases in which no other time is C. G. 0. 9, rr. 17 and 24. * See Appendix, Note 1. C. G. 0. r. 13, an and (3). 37, ■0) C. rr G. 0. 9, 15 and 16. 10 Amen dment — Answer. limited by the order,) be amended, after the date of the order, but within 14 days.* C. G. 0. 37, (Vacations being excluded.) r. 13, art. (1). ANSWER Section I,— Time for FUing.f By A DEFENDANT C. G. 0. 37, 1. A defendant required to answer a bill, whether original I- 4- or amended if (or supplemental) :— must put in his plea, answer, or demurrer thereto, not demurring alone, after the delivery to him or his solicitor of a copy of the interrogatories which he is required to answer, but within 28 days. C. G. 0. 37, 2 A defendant not required to answer a bill (whether ''• ^' original or supplemental): — may, without leave of the court, put in a plea, answer, or demurrer, not demurring alone, after the expiration of the time vrithin which he might have been served with interrogatories § for his examination in answer to such bill, but within 14 days. C. G. O. 37, 3 Where the plaintiff amends his bill vyithout requiring "^ an answer to the amendments: — a defendant who has answered, or has not been required to answer, the original bill, but desires to answer the amended bill, must put in his answer thereto after the expira- tion of the time vi^ithin which, if an answer had been required, he might have been served with interrogatories § for his examination in answer to such amended bill, but within .... 14 days. (Or within such further time as the Judge may allow ) C G. 0. 37, 4. Where a defendant is ordered to answer amendments and exceptions together : — he must put in his further answer, and his answer to the amendments, after he shall have been served with interrogatories for his examination in answer to the amended bill, but within 14 days. C. G. 0. 16, 5. Further answer — (1) Where a defendant, not being in contempt, submits * See Appendix, Note 2, % See Appendix, Note 4. t See Appendix, Note 3. § See Appendix, Note 5. r. 6. r. 9. Answer. 1 1 to exceptions for insufficiency, before the plaintiff has set them down for heaving, — he is to put in his further answer to the bill, after the date of the sub- mission, but within 14 days. (2) Where, after exceptions for insufficiency are set c. G. 0. 16, down for hearing, a defendant submits to answer, '^- ^^• or where the court holds the first or second answer to be insufficient: — the court may appoint thetl me within which such defendant shall put in his£ urther answer.* By a plaintiff — Where interrogatories are filed by a defendant for is & 16 Vic the examination of the plaintiff: — the j)huntiff shall ^' '^' be bound to answer such interrogatories in like manner as if the same had been contained in a bill of discovery filed by the defendaat against him on the day when such iuterrogatories shall have been filed, and as if the defendant to such bill of dis- covery had on the same day duly appeared, f Other cases — 1. Where a defendant has been discharged out of custody C. G. 0. 12, for want of answer: — he must put in his answer, after such discharge, but within .... 8 days. (otherwise a new attachment may be issued against him), 2. A defendant served with bill and interrogatories out of C. G. O. 10, the jurisdiction of the court: — must file his answer within the time limited by the order directing such service. 3. Where a plea of outlawry is filed, and the outlawi'y is C. G. 0. 14, afterwards reversed : — the defendant shall, after receiving his costs in respect of the plea, answer the bill as if such outlawry had not existed. J 4. To a petition of right. See Petition, Sec. I., Art. 6. 5. Where an order for security for costs is served. See Computation, Sec. 1, Art 6. 6. Where an order is obtained by a married woman, to * See Appendix, Note 6 (as to 3rd answer helJ insufficient). f See Appendix, Note 7. I It is presumed that this is imperative only where the plaintiff requires an answer from the defendant. rr. 2 and 3. 7, art. 2. r. 5. 12 Answer. Order 6 March 1860, r. 2. Order 6 March 1860, r. 3. Order 6 March 1860, rr, 4 and 6. answer separately from her husband : — full time for answering is allowed from the date of the order. (For " the wife becomes a substantial party to the suit only from the time of the order that she shall answer separately. From that time she is entitled to the same time as the other defendants." See Jackson v. Haworth, 1 Sim. and Stu., 161.) Section II. — Course of procedure where a vpritten answer is filed in the first instance. — 1. Filing written answer and leaving fair copy* At the time when a defendant flies his answer, he is to leave with the officer a fair copy thereof (without the schedules, if any, of accounts or documents), and the clerks of Records and Writs are to examine sucli copy witli the answer filed, and return it with a certificate thereon that it is correct and proper to be printed. 2. Printing the answer, and filing a copy thereof. A defendant is then (j. e., upon receiving back the fair copy, certified) to cause his answer to be printed, as bills are printed, f and to leave a printed copy thereof J with the clerks of Records and Writs within (from the filing of the written answer) . 4 days. (If not so left, the defendant is subject to the same liabilities as if no answer had been filed.) '6. Delivery of copies of a 'printed answer. (1) Of the oflice copy — At any time after the four days (allowed, from filing of the written answer, for the filing of a printed copy thereof) the defendant, on receiving from the plaintiff' a demand in writing for an official and certified printed copy of the answer, shall get a printed copy thereof (stamped with a Clian- cery stamp for 5s.) examined and certified, and marked as an office copy by the clerks of Records and Writs, § and shall have the same ready for * See Appendix, Note 8. f See Appendix, Note 9. t Certified by the defendant or his solicitor as being a true copy of the copy certified by the clerks of Records and Writs. See r. 3. § See Appendix, Note 10, as to office copies of schedules. Answer. 1 3 delivery to the plaintiff* after sucli demand, and within 48 hours. (2) Copies demandable by a co-defendant — After all the defendants required to answer shall ^'^^^^ ^ ^"rch have filed their answers, a co-defendant may demand ' and receive from any other defendant any number of printed copies of his answer, not exceeding sis, on payment for the same at the rate of one halfpenny per folio. Section III Snfflciency of Answer. The answer of a defendant shall be deemed sufficient — 1. Where no exceptions for insufficiency are filed thereto — C. G. O. 16, after the filing of such answer, and within 6 weeks. '' >'"'•• 2. Where, exceptions being filed, the plaintiff does not set C. G. 0. 16, them down for hearing — after the filing thereof, and '" ^^' ^^^' ^' within 14 days. 3. Where the plaintiff does not set down the old excep- C. G. O. 16, r 16 art 3 , tions — after the filing of a further answer, and ' ' • ' within 14 days. 4. Where, upon the hearing of exceptions, the answer is C. G. 0. 16, held sufficient, it shall be deemed to be so from the ^' date of the order made on the hearing. The answer of a defendant shall be deemed insufficient — Where the defendant submits to answer, without C. G. O. 16, an order from the court, — from the date of the ^'- ^®- submission. Section IV. — Miscellaneous Points. 1. The time of taking any answer shall be expressed (in C. G. O. 4. the jurat) by the Commissioner, and the place where shall be also expressed; otherwise the same shall not be held authentical, nor filed. 2. The answer of an infant defendant shall not be sworn C. G. O. 7, by the guardian, until the order appointing such ''' ' guardian is produced to the person before whom the same shall be sworn. 3. An answer is not of record until the same be filed in C. G O. 8. the office of the Clerks of Eecords and Writs. ■■• ^■ 4. Notice of filing an answer shall be given on the same c. G. O. 3, day. >•• 9- * See Appendix, Kote 11, as to delivery of copies to plaintiff. 14 Answer — Appeal. c. G. r. 3. C. G, r. 1. 0. 31, 0. 31, C. G. r. 4. 0. 31, C. G. r. 6. 31, Registrars' Regulations, 15 March 1860, p. 8. C, G. O. 21, r. 13. C. G. 0. r. 2. 31, 5. Exceptions to answer for insufficiency. See Exceptions. 6. Attachment, for want of answer. See Attachment. 7. Resuming process of contempt for want of answer. See Process, of Contempt, Art. 1 (2). APPEAL Section I From a Decree or Order.* 1. Petitio7i of Appeal {statement of anterior proceedings). In any petition (of appeal) it shall not be necessary to state the proceedings anterior to the decree or order appealed from. 2. Time for setting doivn an Appeal. No appeal from any decree or order, or any rehearing, shall be allowed, unless the same is set down for hear- ing, and the requisite notice thereof duly served, after the date of such decree or order, and within 5 years,"}" (But the Lord Chancellor, or the Lords Justices, may, if it shall appear to him or them to be just and expedient, enlarge that period.) 3. Deposit. Where any person appeals from a decree or order made on the original hearing, or on further consideration, or obtains a rehearing of a cause, such person shall deposit in the hands of the Eegistrar J20. 4. Leaving copy of the Petition, S^e.,for tlie Judge. At the time of presenting the petition, a true copy thereof, and a printed copy of the bill, shall be left for the Lord Chancellor or the Lords Justices. 5. Hearing.'^ (1) Marking for hearing : — All petitions of appeal or rehearing are to be marked in the Cause Book as not to be in the paper before the expiration (from the day of setting down) of 6 clear days. (2) Standing over for hearing: — No rehearings or appeals shall be allowed to stand over for an indefinite period. 6. Pending appeal not to stop any proceedings^ on the decree or order. Where any rehearing is granted, such rehearing shall * See Appendix, Note 12. t See Appendix, Note 13. % See Appendix, Note 14. § See Appendix, Note 15. c. 89, s. 124. Appeal. 15 not in any way stop or hindei" any pi'oceedings on tho decree or order appealed from, unless by special order. But the person in possession of the decree or order may proceed thereon as if no appeal or rehearing had been granted. Sectioa II. — Appeal Motions.* Appeal motions are to be set down, upon production Registrars' of the order appealed from, or an oiRoe copy thereof, R'^ffu'ations, i , . „ . ,., . , 15 March I860, and a copy oi tlie notice ot motion, which is to be ji. g. filed — before the day for which the notice is given, at least 2 clear days. Section III. — In proceedina^s under "The Companies Act, 1362." 1. From an order or decision in a winding up matter. Rehearings and appeals from any order or decision by 25 & 26 Vic. any Court having jurisdiction under the Companies Act may be had, as appeals may be had from any order or decision of the same Court in cases within its ordinary jurisdiction. But no such rehearing or appeal shall be heard unless notice of the same is given (in manner in v.'hieh notices of appeal are ordinarily given, according to the practice of the Court appealed from), after any order complained of has been made,f and within 3 weeks. (unless such time is extended by the Court of Appeal). 2. From an arrangement for winding up voluntarily. Any creditor or contributory of a Company that has 25 & 26 Vic. entered into any such arrangement with its creditors ^" ' • may appeal to the Court (by petition or motion, or, if the Judge shall so direct, by summons at chambers ; See Order, 11 Nov. 1862, r. 51) against such arrange- ment, after the date of the completion of such arrange- ment, and within 3 weeks. (and the Court may thereupon amend, vary, or con- firm the same). * This does not apply to Decretal orders made on motion, f See Appendix, Note 25. 16 Appeal — Appearance. Section IV. — In proceedings under the " Charitable Trusts Act, 1853." From an order of a District Court of Bankruptcy or County Court. 16 & 17 Vic. Any person authorised to apply under the Act, (other c. 137, s. 39. than Her Majesty's Attorney-General, acting ex officio), or any person made a party to any proceeding upon any application under the Act, desiring to appeal against any such order, must give notice thereof to the Court and to the Board (of Charity Commissioners) after the date of such order, and within 1 month- 16 & 17 Vic. And such person, if allowed to appeal, shall present a petition to the Court of Chancery after such allowance, and within 3 calendar months.* c. 137, s. 40. Section V. — To the House of Lords. For the times prescribed by the Standing Orders of the House of Lords, See Appendix, Note 144. APPEARANCE Section I.— To a Bill. 1. By a defendant (to an original, amended,\ or supplemen- tal Bill.) C. G. 0. 10, (0 -^ defendant served with a copy of a Bill within "■• ^- the jurisdiction of the Court must appear thereto, after the service of such copy, but within 8 days. C. G. 0. 10, (2) A defendant served with a copy of a Bill out of r. 7, art. 2. I]jg jurisdiction of the Court must appear thereto after such service, but within the time limited by the order directing such service. C. G. O. 10, (3) A defendant, notwithstanding that an appearance '■ ^" may have been entered for him by the Plaintiff, may afterwards enter an appearance for himself in the ordinary way. C- G- O. 10, (1) A defendant served with a copy of the Bill, and therevpon to be bound by the proceedings in the cause, may enter either a " common "% or a * The Attorney-General may appeal within 3 months without giving notice. • t See Appendix, Note 16, article 1. t i. e. to have the suit prosecuted against him in the ordinarv wav <5oa C. G. 0. 10, r. 14. " •'• °^^ ArrEAnANCE. 1 7 " special "* appearance after the service of tlie copy of tlie bill, but before the expiration therefrom" of 12 days (Afterwards only by order to be obtained on notice to the Plaintiff.)'}' 2. By the Plaintiff {upon the Defendant's defauW). (1) In ordinary cases — Where any defendant (not being' an infant, or C. G. O. 10, a person of weak or unsound mind) is, when "' ''" within the jurisdiction, served with a copy of the bill, and refuses or neglects to appear thereto ■within eight days after such service, the Plaintiff may applyj to the Record and Writ clerk to enter an appearance for such defendant, after the ex- piration of such eight days (from such service) and within 3 weeks. (After such 3 weeks the plaintiff may apply for an order for leave to enter such appearance.) (2) For a defendant who has been served with a copy of the bill out of the jurisdiction of the Court. See Order, Art. 2. (3) For an absconding defendant. See Order, Art. 4. (4) For a defendant, an infant or person of unsound mind, not so found by inquisition. See Guardian, Sec. I., Art. 1 and 2. Section II. — To a Stunmoiis. Originating proceedings in chambers. See Summons, Sec. II., Art. 2 (1). Section III. — To a Special Case. For the course of procedure thereupon, See Special Case, Art. I. Section IV. — To an Order to Revive, or Supplemental Order. Customary At any time after service of a copy of the order. § practice. Section V. — To a Supplemental Statement. After service of a duly sealed copy of the statement, but Customary within 8 days. * i. e. to be served with notice of the proceedings. Sec C. G. 0. 10, r. 15. t See Appendix, Note 128. J Upon affidavit of service of the copy of the Bill. § See Appendix, Note 16, article 2. C practice. r. 9. 18 Appeaeance — Application. Section VI. — To a Petition of Right. For the course of procedure thereupon, See Petition, Sec. I., Art. 5. Section VII. — Of a Creditor or Contributory. In proceedings under " The Companies Act, 1862." See Companies Act, Sec. VII. Section VIII. — MisceUaneous Points. 1. Notice of entry (of an appearance) — C. G. 0. 3, shall "be given on the same day, to the solicitor, or to the party himself if he acts in person. 2. Attachment {^for want of appearance'). See Attachment, Art. 2. 3. Messenger, or Serjeant-at-Arms. See Messenger, Art. 1, also Serjeant-at-Arms, Art. 1. APPLICATION 1. For special orders — during the interval of the sittings of the Court. See Order, Art. 28 (1). 2. To have evidence printed — (1) Where issue has been joined. See Evidence, Sec. I., Art. 7. (2) Where a notice of motion for a decree has been served. See Evidence, Sec. II., Art. 5. 3. To fix a day for the hearing of the cause Where the evidence is to be taken viva voce at the hearing. See Appendix, Note 84, Art. 4. 4. For a trial by jury. See Trial by Jury, Sec. III. 5. For an order for a view. See Appendix, Note 139, Art. 6. 6. To set aside verdict or inquisition, on a writ of inquiry. See Trial by Jury, Sec. VI., Art. 2. 7. For a new trial. (1) Of any issue or question of fact, to be tried before the court itself, by a jury. See Trial by Jury, Sec. V. (2) Of any issue or question of fact directed to be tried at law. See New Trial. 8. To stay proceedings upon a decree or order. See Stay of Proceedings, Art. 1. Application — Appointment. 1 9 9. To the court to add to a decree, or order — by a party C. G. 0. 23, served with notice of tlie decree, shall be made after "■■ ^^• such service, but within 1 month.* 10. For leave to enter a claim (after the time fixed by the advertisement). See Appendix, Note 67. 11. To discharge or vary a chief clerk's certificate. See Decree, Sec. II., Art. 7 (o) 12. For liberty further to prosecute proceedings at chambers (after the chief clerk has certified neglect or default). See Appendix, Note 60, Art. 3. 13. For leave to answer the bill, and set aside the decree (^ here the bill has been taken pro confesso). See Pro Confesso, Sec. III., also Sec. V. 14. For determining impertinent matter, and for costs of same — when to be made. See Impertinence. 15. To discharge order to revive suit, or to carry on the proceedings. See Order, Art. 20 (3). 16. For assignment of guai'dian (to an infant or person of unsound mind). See Guardian, Sec. I., Art. 2. 17. For the discharge of a defendant in custody (for want of his answer). See Discharge, Art. 1 and 2. 18. For the discharge of a pauper — in custody for a con- tempt. See Pauper, Art. 3. 19. Under the Leases and Sales of Settled Estates Act. See Leases and Sales, &c. 20 Under the Trustee Relief Act. See Trustee Relief Act. 21. For a "judicial opinion," &c. iS'ee Judicial Opinion. 22. For an order for a call (under " The Companies Act, 1862.") See Companies Act, Sec. IX., Art. 1. 23. For the enlargement of time. See Time, Art. 1. 24. For copies of pleadings, &c. (to be made to parties or solicitors). See Copies, Art. 2. 25. For records filed in the Exchequer. See Record, Art. 3. APPOINTMENT 1. Of a guardian ad litem — For a defendant, an infant or a person of weak or unsound mind, not found so by inquisition. See - Guardian. * See Appcndi.\', Note 17. 2 20 Appointment — Attachment. 2. Of an official liquidator — Under "The Companies Act, 1862." /See Companies Act, Sec. III., Art. 1 and 2. APPORTIONMENT Of a fund — and certificate thereof by a chief clerk. See Appendix, Note 70, Art. 2. APPROVAL Of a chief clerk's certificate, by the Judge. See Decree, Sec. II., Art. 7 (3). ARRANGEMENT For voluntarily winding-up a Company — appeal from, under " The Companies Act, 1862." See Appeal, Art. 2. ARREST 1. Of a contributory — about to abscond, or to remove or conceal any of his property. See Appendix, Note 33, Art. 3. 2. Privilege from arrest — Of officers, and attendants upon the court. See Privi- lege, Art. 1. ASSIGNING GUARDIAN— oc? litem— For a person under disability. See Guardian. ASSISTANCE Writ of, — when issuable for delivery of possession directed by a decree or order. See Decree, Sec. III., Art. 4. ATTACHING CAUSE Where the cause was commenced before 20th May, 1837, or nth November, 1841. See Appendix, Note 149. ATTACHMENT 1. Attachment with proclamations — C. G. O. 30, No writ of attachment (nor any writ of rebellion) with '• ^' proclamations shall be issued for compelling obedience to any process, order, or decree of the Court. 2. For not appearing to a bill — C. G. O. 10, No attachment for want of appearance shall hereafter* "■• 1°- be issued without a special order of the Court. 3. For want of answer — C. G. 0. 12, (1) Where there is just reason to believe that any *i.i:. since Htli February 18G0. Attachment. 2 1 defendant means to abscond before answering the bill — the Court may, on tlie exparte applica- tion of the plaintiff, at anytime after appearance entered for him by the plaintiff", order an attach- ment for want of answer to issue against him, and such attachment shall be made returnable at such time as the Court shall direct. (2) ^Yhen a defendant taken upon an attachment for not answering is to be brought to the bar of the Court *— Where the defendant is in the custody of the C. G. O. 12, Serjeant-at-Arms or of a Messenger, such defend- '• ^• ant must be brought to the bar of the Court, after he was taken into custody, but within . 10 days. Otherwise he shall be discharged out of custody by the Serjeant-at-Arms or Messenger without payment of the costs of his contempt j but if he does not answer within 8 days after such discharge, a new attachment may issue against him. Where the defendant is in prison, under an c. G. 0. 12, attachment for not answering, or being in prison ■"• ^• is detained thereunder, such defendant must be brought to the bar of the Court, f after he was taken into custody, or detained, but within 30 days. Otherwise he shall be discharged without payment of the costs of his contempt: but if he does not answer within 8 days after such discharge, a new attachment may issue against him. 4. For want of a further answer — See Process, of Contempt, Art. 1(1). 5. Return " non est inventus '' to an attachment for not answering — Sequestration thereupon. See Sequestration, Art. 1. 6. For enforcing a decree or order — ^See Decree, Sec. III., Art. 1. 7. For nonpayment of costs — See Subpoena, Art. 5 (3). * See Appendix, Note 145. f By Habeas Corpus. C. G. 0. r. 17. 22 Attachment — Awaed. 8. PrcBcipes for attachments — C. G. 0. 1, shall be entered by the entering clerks to the regis- ••• 18. trars, after the same shall be left for entry, and within 1 clear day 9. Execution of attachments — On a Sunday, or after return. See Sunday, Art. 2. ATTENDANCE 1 . Of the Registrars — (1) In the several Courts, shall be in rotation, week by week, on alternate days. (2) To countersign cheques drawn by the Accountant- General. See Con. Gen. Ord., Appendix, p. 231. 2. Of Solicitors upon the hearing of causes — „ „ Q ,, The solicitors for the several parties shall attend r. 11. ' in Court when cause or matter appointed to be heard, and during the hearing thereof.* S. Of a Witness — (1) In chambers, on a subpoena. See Subposna, Art. 4(2). (2) In Court :— For cross-examination at the hearing — where issue has been joined. See Evidence, Sec. I., Art. 6. On a trial by jury. See Appendix, Note 139, Art. 1. 4. Of Creditors or Contrihutories — In proceedings under "The Companies Act, 1862." See Companies Act, Sec. IV., Art. 3 ; also Sec. VII. 5. Official attendance — See Official Attendance. AUTHORITY Of next friend {of a Plaintiff \ under disability). — 15 & 16 Vic. Before the name of any person shall be used in any L-. 86, s. 11. suit to be instituted in the Court, as next friend of any infant, married woman, or other party, or as relator in any information, such person shall sign a written authority to the solicitor for that purpose ; and such authority shall be filed with the bill or information. AWARD Filing an award — See Appendix, Note 57, Art. 2. * See Appendix, Note 96. t Or applicant in proceedings originated by summons, Balance Sheet — Bill. 23 BALANCE SHEET Brought in by an official liquidator, under " The Companies Act, 1862." See Companies Act, Sec. XIH,, Art. 1. BANKRUPT When insolvent debtor to be deemed bankrupt, for the pur- poses of contributing in proceedings under " The Com- panies Act, 1862." See Appendix, Note 83, Art. 2. BAR OF THE COURT Within what time a defendant should be brought to the bar of the Court. See Attachment, Art. 3 (2). BENEFICED CLERK When writs of Fieri facias de bonis Ecclesiasticis, and Se- questrairi facias de bonis Ecclesiasticis issuable against. See Decree, Sec. III., Art. 7. BILL 1. No bill shall be said to be of record, or be of any effect c. 6. O. in Court, until the same be filed in the office of the ■■■ ^• clerks of Records and Writs. ' 2. Service of copy of bill. See Service, Art. 2. 3. ^Memorandum of service of copy of bill. See Memo- randum, Art. 1. 4. Appearance to bill. See Appearance, Sec. I. 5. Amendment of bill. See Amendment. 6. Answer to bill. See Answer. 7. Taking bill pro confesso. See Pro Confesso. 8. DiSAnssAL OF Bill. (1) For want of prosecution — By motion, on notice. See Motion, Sec. II. (2) After the cause has been set down for hearing. See Dismissal, Art. 4. (3) On default {by the legal personal representative of a deceased sole plaintiff) to revive the suit. See Dismissal, Art. 5. 9. Written bill. See Written Bill. 10. Bill of Costs. (1) Bringing same into the taxing-master's office, and notice thereof. See Costs, Art. 2. (2) Objection to allowance or disallowance of items — when and how to be prosecuted. Sec Costs, Art. 3. 24 Bill — Bills. 11. Bill op Eeview — Filing.* (1) Where decree has been inroUed — C. G. O. 31, No decree wliicl) has been signed and inrolled ''• ^- shall be reversed, altered, or explained, but upon bill of review. (2) Leave of the Court must first be obtained — C. G. 0. 31, No bill of review, or supplemental or new ■"• ^'- bill in the nature of a bill of review, grounded on new matter discovered after the decree, shall be admitted without special leave first ob- tained. (3) Deposit must first be made — C. G. 0. 31, No bill of review shall be admitted unless the "■• 12. party exhibiting the same shall first deposit ^50 with the Registrar, to answer such costs and damages as the Court shall award, in case such bill be dismissed.f (4) Decree must first be performed — C. G. O. 31, No bill of review, nor any new bill to reverse ^- ' ■ or alter a decree, shall be admitted, unless the decree be first obeyed and performed — except that if any act is decreed to be done which extinguishes a right at common law, (as making assurance or release, acknowledging satisfaction, cancelling bonds or evidences, and the like), the Court may dispense with the performance of that part of the decree until such bill be deter- mined. 12. Bill to perpetuate testimony. (1) Filing. 0. 6. 0. 9, Witnesses shall not be examined in perpetuam rei '• ®' memoriam unless a bill shall have been filed for the purpose. (2) Setting down for hearing. 0. G. 0. 9, No suit to perpetuate the testimony of witnesses shall be set down for hearing. BILLS Eeceived by an official liquidator — in proceedings under " The Companies Act, 1862 " — when to be deposited in the bank. See Companies Act, Sec. X., Art. 2. * See Appendix, Note 18. f See Appendix Note 19. 7. Books — Caveat. 25 BOOKS Of a company wound up under "The Companies Act, 1862," — when the responsibility of the custody of such books ceases. See Appendix, Note 45. CALL Order for a call — obtaining, serving, and enforcing, in pro- ceedings under " The Companies Act, 1862." See Com- panies Act, Sec. IX., Art. 1, 2, and 3. CAUSE 1. Setting down, — See Setting Down, Sec. L 2. Standing over, — .See Setting Down, Sec. L, Art. 8. 3. Fixing a day for the hearing of the cause — where the evidence is to be taken viva voce at the hearing. See Appendix, Note 84, Art. 4. 4. Objection for want of parties. See Hearing, Art. 6. 5. Abated cause — striking " abated " cause out of the Registrar's book. See Abatement, Art. 1 (4). 6. Marking cause for a Judge — where the cause was com- menced before 20th May, 1837, or 11th Nov., 1841. See Appendix, Note 149. CAVEAT Against the ineolment of a decree ok oedee. 1. Entry of the Caveat* — No time is prescribed within which a caveat shall be entered. But, inasmuch as a decree or order is "made" when it is pronounced {See Appendix, Note 25), a caveat may be entered immediately after the decree or order shall have been pronounced, and before it is passed and entered. A caveat cannot, however, be entered after a docket of inrolment of the decree or order has been left with the clerks of Records and Writs (or with the Secretary of the Master of the Rolls, as the case may be. See Appendix, Note 20). Nor will a caveat be received for entry after an order for leave to inrol shall have been obtained. 2. Prosecution of the Caveat — Where a caveat is entered to stay the signing of the C. G. O. 23, docket of the inrolment of any decree or order, such ^' ' * See Appendix, Note 20. 26 Caveat — Certificate. caveat shall be prosecuted with effect after the docket shall be left to be signed with the proper officer, and within 28 days.* (Otherwise such caveat shall be of no force, and the docket may, immediately after the expiration of the 28 days, be presented to be signed as if no such caveat had been entered.) CERTIFICATE 1. Registrar's Certificate — (1) Authorising transfer or delivery of stocks, &c., to women who marry after decree or order directing transfer, &c. See Unmarried Woman. (2) The like in favour of surviving legal personal representatives. See Representative, Sec. I., Art. 1 (4). 2. Chief Clerk's Certificate — (1) Under a decree or order directing accounts, &c. and general practice applicable to such certificates. See Decree, Sec. II., Art. 7. (2) Of ifeglect or default in prosecuting any proceeding in chambers. See Appendix, Note 60, Art. 3. (3) Of the result of an inquiry as to the truth of a plea of the dependency of a former suit, for the same matter. See Dismissal, Art. 3. (4) Of money due to the legal personal representatives of a deceased person. See Representative, Sec. I. (5) In proceedings under "The Companies Act, 1862" 1. Of settlement of list of contributories. See Companies Act, Sec. V., Art. 3. 2. On passing official liquidators' accounts. See Companies Act, Sec. XI. 3. Of company being wound up. See Companies Act, Sec. XIII., Art. 4. 3. Taxing Master's Certificate — Objection to same — when and how to be prosecuted. See Costs, Art. 3. 4. Serjeant-at-Arms' Certificate — Where an order for the Serjeant-at-Arms, and the con- tempt to which it relates, are to be discharged. See Appendix, Note 111. * See- Appendix, Note 21. Certificate — Ciiambeks. 27 5. Official Entry of the Filing of Certificates, ^c. (1) In the Eepoi-t Office— The clerks of Records and Writs shall enter, in the C. G. O. i, r 47 books kept for that purpose, the time when any certificate is delivered to them to be filed, with the name of the cause, and the date of the certificate. (And the like entry shall be made of the time of delivery of every other document filed at the Report Ofiice ; and such books shall at all times, during office hours, be accessible to the public, on payment of the usual fee.) (2) In the Record and Writ Clerks' Office— The clerks of Records and Writs shall enter in their *-'• ^- 0- i. r, 4y. respective cause books the date of every decree, order, report, and certificate made in each cause. And such entry shall contain a reference to the date C. G. 0. i, and folio of the Registrar's book. (But the preceding rules do not apply to any C. G- 0. i, cause commenced before the first day of Michael- mas Term, 1852.) 6. Certificate to set down a cause for hearing — Within what time to be obtained See Setting Down, Sec. I. 7. Certificate of the filing of a " Record for triaV — To be used on setting same down. See Trial by Jury, Sec. I., Art 2. 8. Certificate of a cause having become abated or compro- mised — after the same is set down for hearing. See Abatement, Art. 1 (3). 9. Certificate of a decree upon a Petition of Right having been made — To be presented to the Treasury, &c. See Petition, Sec. I., Art. 7. CHAMBERS Of the Judges — 1. Official attendance in chambers, ^ee Official Attend- ance, Art. 1. 2. Proceedings in chambers, under a decree or order. See Decree, Sec. IIJ^ 3. Attendance of a witness in chambej's (on a subpoena). See Subpoena, Art. 4 (2). 28 CHANaE OF Solicitor — Commissionee. CHANGE OF SOLICITOR Order for. See Order, Art. 27. CHIEF CLERK. Certificate of a chief clerk. See Certificate, Art. 2. CLAIM— Filing. C. G. O. 8, No claim shall be filed after the 14th day of February, r.'4. ' ' I860.* CLAIMANTS — Coming in pursuant to advertisement — 1. Under a decree or order. See Decree, Sec. II., Art. 4^ 5 and 6. 2. In proceedings under "The Companies Act, 1862." See Companies Act, Sec. IV. CLERICAL MISTAKES— 7?i decrees or orders— C. G. 0. 23, Such mistakes or errors, arising from any accidental ■■■ 21. slip or omission may, at any time before inrolment, be corrected, upon motion or petition, without the form and expense of a rehearing. CLOSE HOLIDAY Computation of time where a close holiday intervenes. See Computation, Sec. I., Art. 4. CLOSING EVIDENCE 1. Where issue joined. See Evidence, Sec. I., Art. 2, 3, and S. 2. Where a notice of motion for a decree has been served. See Evidence, Sec. II., Art. 1, 2 and 3. C. G. 0, 4. COMMISSIONER " Commissioners to administer oaths in Chancery in Eng- land " shall express (on the document) the time when, and the place where, they shall take any afiSdavit, plea, answer, or disclaimer, or the acknowledgment of any deed or recognizance, or do any other act incident to their oflSce. (Otherwise the same shall not be held authentical, nor be admitted to be filed or inroUed.) * * See Appendix, Note 22. Companies' Act. 29 COMPANIES ACT (1862) Course of peoceduke in Chancekt under the act. Section I. — Petition to wind up Company.* 1. Advertising the petition.^ Every such petition shall be advertised before the Order 1 1 Nov. hearing 7 clear days. ^^^^' ""• ^■ 2. Verifying the petition by Affidavit. Such affidavit shall be made by the petitioners, or by Order 11 Nov. one of them — or, if presented by the Company, by some '®®^' '' *' director, secretary, or other principal officer thereof, and shaU be sworn and filed after the petition is pre- sented, but within 4 days, 3. Furnishing a copy of the Petition. Every contributory or creditor of the Company shall Order 1 1 Nov. be entitled to be furnished, by the solicitor to the ^^^'^' "■• ^• petitioner, with a copy of the petition, after requiring the same, and within 48 hours. (On paying 4d. per folio of 72 words for such copy.) Section II. — Order to wind up Company.^ 1. Advertising the order. ^ Every such order shall be advertised by the petitioner Order ii Nov. once in the " London Gazette," after the date thereof, 1^62, r. 6. but within 12 days. (And shall be served as the Court may direct.) 2. Leaving a copy of the order at chambers.\\ ( 1 ) By the petitioner — A copy of the order, certified to be a true copy. Order ii Nov. as passed and entered, shall be left by the peti- 1862, r. 7. tioner at the chambers of the Judge, after the order shall have been passed and entered, and within 10 days. (2) By any other person interested — In default by the petitioner, any other person ordcr ii Nov. interested may leave the same. 1862, r. 7. (And the Judge may give the carriage of the order to such person.) (3) A Summons to proceed thereon — shall (upon a copy of the order being left) be Ordcr 1 1 Nov. » See Appendix, Note 23. § See Appendix, Note 26. ^^^-' "■• ^• t See Appendix, Note 24. || See Appendix, Note 27. j See Appendix, Note25. 30 Companies Act. taken out, and served upon all parties who may have appeared on the hearing of the petition. (4) Upon the return of the Summons— ^8&2'v\^°^' ^ *™^ ™^y ^^ ^^^^ ^°^ ^^® appointment of an official liquidator, proof of debts, and list of con- tributories to be brought in ; and directions may be given as to the advertisements to be issued for all or any of such purposes ; and generally as to the proceedings and the parties to attend thereon. The proceedings shall be continued by adjourn- ment, and, when necessary, by further summons. And any such direction may be given, added to, or varied at any subsequent time. (5) Staying proceedings upon the order — ■ 25 & 26 Vic. rpjjg Court may, at any time after order for ' ■ ' winding up made, upon motion of any creditor or contributory, and upon proof satisfactory to the Court that the proceedings ought to be stayed, make an order, staying the same .altogether or for a limited time, on such terms as it deems fit. Section III. — Official Liquidator. 1. Appointment* (1) Without advertisement or other notice — 1862 r 8 ' *^® Judge may appoint a person to the office of official liquidator. (2) When a time and place are fixed by the Judge for the appointment^ 1862 r 9. ' such time and place shall be advertised as the Judge shall direct, so that the first or only ad- vertisement shall be published within 14 days before the day so fixed, and not less than 7 days. is'^e^'^r 8 °^' (The Judge may appoint or reject any person nominated at such time and place, and appoint - , , , ^-^ any person not so nominated.") Order 11 Nov. •' ^ ■' 1862, r, 11. 2. To be appointed by order. Older 11 Nov. 3. To give security "[— 1862, r, 10. By entering into a recognizance with two or more sureties, in such sum as the Judge may approve. * See Appendix, Note 28. f See Appondix,'Notc 29. Companies Act. 31 (Tlie security of any guarantee society, establislied Order 11 Nov. by Charter or Act of Parliament, in England, may ' '' " he accepted in lieu of sucli securities.) 4. Appointment to be advertised — as the Judge may direct immediately after he has boon Order ii Kov. appointed, and has given security. '®^^' ^- ^^' 5. To make up, continue, complete and rectify the books of account of the Company — ■with all convenient speed after he is appointed. Order u Nov. (As to the books to be provided and kept, See same ^*^^' ''■ ^''• rule.) 6. To leave his accounts at chambers — at the times directed by the order appointing him, and Order 11 Nov. at such other times as may be required by the Judge ; ^^^^> ''• ^^■ and such accounts shall, upon notice to such persons as the Judge shall direct, be passed and verified in the same manner as Receivers' accounts. On each occasion of passing his account, and whenso- Order 11 Nov. ever the Judge may require, the official liquidator shall '®^^' '• '^^• satisfy the Judge that his sureties are living, and not bankrupt nor insolvent ; and in default thereof he may be required to enter into fresh security, within such time as shall be directed. 7. The salary or remuneration allowed to the official liquidator in his accounts — shall be such as the Judge may, from time to time. Order 11 Nov. direct ; including necessary employment of assistant '^^^' "^^ ^*- clerks. Such salary, &c., may be fixed at the time of his appointment, or thereafter, as the Judge may think fit. Every allowance of salary, &c., unless made at the time of his appointment, or upon passing his account, shall be made upon application by the ofBcial liquidator, on such notice and evidence as the Judge shall require. Nevertheless, the Judge may, from time to time, allow any sum on account of the salary, &c., to be thereafter allowed. 8. On the death, resignation, or removal of the official liquidator — /See Appendix, Note 28, Art. 3. Section IV.— Proof of debts. I. An advertisement shall be issued — Order 11 Nov. at such time as the Judge shall direct, for ascertaining 1862, r. 20. 32 Companies Act. Order 11 Nov. 1862, r. 22. Order 1 1 Nov. 1862, r. 21. Order 11 Nov. 1862, r. 24. Order 11 Nov. 1862, r. 23. the debts and claims due from the Company, and for cre- ditors to come in and prove their debts or claims. Such advertisement shall fix a time for creditors to send their names and addresses, particulars of their claims, and names and addresses of their solicitors (if any) to the official liquidator, and appoint a day for adjudicating thereon. 2. Claims to be investigated by the official liquidator* — and he shall make and file, prior to the time ap- pointed for adjudication, an affidavit setting forth which of the debts claimed are justly due and proper to be allowed without further evidence, and stating his belief that such debts, &c., are due and proper to be allowed, and the reasons for such belief. 3. Creditors' attendance upon adjudication, to prove their debts, &c., not necessary, unless required by notice from the official liquidator. But he sliall give notice to the creditors whose debts, &c., have not been allowed upon his affidavit, to come in and prove the same by a day to be therein named, f being after such notice, but not less than . . 4 days, (and to attend at the time appointed by the adver- tisement, or by adjournment for adjudicating upon such debts, &c.) 4. At the time appointed for adjudicating, or at any adjournment, the Judge may allow the debts, &c., upon the affidavit of the official liquidator, or require any of them to be proved, and adjourn the ad- judication to a time to be then fixed.:]: (The official liquidator shall give notice of allowance to the creditors whose debts have been allowed.) Section V. — List of Contributories. 1. Making out and leaving the list at chambers. Order 11 Nov. '^^^ official liquidator shall, with all convenient speed 1862, r. 29. after his appointment, or at such time as the Judge shall direct, make out and leave at chambers a list of the contributories of the Company. § * See Appendix, Note 30. t See Appendix, Note 31. t See Appendix, Note 32. § See Appendix, Note 33. Companies Act. 33 (Such list may from tinio to time, by leave of the Judge, be varied or added to, by the official liqui- dator.) 2. Settlement of the list. (1) Obtaining appointment for the purpose:— Upon the list being left at chambers, the official Order 11 Nov. liquidator shall obtain an appointment for the ^®^"' ""' Judge to settle the same. (2) Giving notice of such appointment : — The official liquidator shall give notice in Order 11 Nov. writing of such appointment to every person i^^^' ^- ^^• included in the list, before the day appointed to settle such list, and at least . . 4 clear days. (The notice is to state in what character, and for what number of shares or interest, such person is included in the list.) In case any variation or addition to such list Order II Nov, shall at any time be made, a similar notice shall 1862, r. 30. be given to every person to whom such varia- tion or addition applies, before the day ap- pointed to settle such variation or addition, and at least 4 clear days. 3. A certificate of the result of the settlement of the list — shall be made by the Chief Clerk,* and certificates may Order 11 Nov. be made from time to time for stating the result of such ' '"' ' settlement down to any particular time, or as to any particular person, or stating any variation of the list. Section VI. — Meetings of Creditors or Contributories. Notice of meeting. When meeting directed by the Judge to be summoned Order ii Nov. (under the Companies Act, ss. 91 and 149), the official ^S^"- "■• *^- liquidator shall give notice of such meeting j to every creditor or contributory before the day appointed for silch meeting, and at least 7 clear days. (Or, if the Judge shall so direct, such notice may be Order 11 Nov. "•iven by advertisement, and such advertisement need 1862, r. 45. not be inserted in the " London Gazette.") * See Appendix, Note 34. t See Appendix, Note 35. 34 Companies Act. Section VII.— Attendance and appearance of parties. To enter name and address at chambers. Order 11 Nov. No contributory or creditor shall be entitled to attend 1862, r. 62. ^^ chambers * until he Las entered in a book kept there for that purpose, his name and address, and the name and address of his solicitor, (if any), — and upon any change of address, or of solicitor, his new address, or the name and address of his new solicitor. Section VIII. — Services of notices, &c. Upon contributories or creditors — Order 11 Nov. shall (except when personal service is required) be 1862, r. 63. effected through the post in a prepaid letter, f — and such notice, &c., shall be considered as served at the time the same ought to be delivered in the due course of delivery by the post oflSce, and notwithstanding the same may be returned by the post office. Order 11 Nov. 1862, r. 33. Order 11 Nov. 1862, r. 34. Order 11 Nov. 1862,1-. 35. Section IX. — Calls. , Application/or order for a Call — shall be made by summons,J stating the proposed amount of such call, and such summons shall be served on every contributory proposed to be included in such call before the day appointed for making the call, and at least 4 clear days. , First or. general order for a Call. A copy thereof shall be served forthwith § upon each of the contributories included in such call (together with a notice specifying the amount due. Such order need not be advertised, unless for any special reason the Judge shall so direct.) . Final order for a Gall and enforcement thereof. At the time of making an order for a call, the further proceedings relating thereto shall be adjourned to a time subsequent to the dciy appointed for payment, and after- wards from .time to time, as may be necessary. At the time thus appointed, or upon a summons to enforce * See Appendix, Note 36. ■f See Appendix, Note 37. \ See Appendix, Note 38. § See Appendix, Note 39. Companies Act. 35 payment, duly served, and proof of service of the order (the general order for a call), and notice and nonpayment an order may be made for any of the defaulting contribu- tories to pay the sum which by such former order and notice they were required to pay, or any 1«S3 sum due from them.* Section X. — Payment in of monies, and deposit of securitiesf by the official liquidator. 1. Payment in of monies — The official liquidator shall pay all the monies received by Order 11 Nov . . ■»■ •/ J 1862 i* 36 him into the Bank, to the account of the official liquidator ' of the Company, after the receipt thereof, and within 7 days (unless the Judge shall have otherwise directed).^ 2. Deposit of bills, notes, and other securities payable to the Company — The official liquidator shall deposit such bills, &c. in the Order ii Nov. Bank as soon as they shall come to his hands, for the ^®*^' "^^ ^^' purpose of being presented by the Bank for acceptance and payment, or for payment only, as the case may be. Section XI. — Certificate of chief clerk 1. Certificates on passing the official liquidator's accounts — Order 11 Nov. may be approved and signed by the Judge without delay, ^^^^i '• ^''• and upon being so signed, shall be filed and forthvyith acted upon. 2. (For the practice applicable to other chief clerks' certifi- cates made in proceedings under " The Companies Act, 1862," See Appendix, Note 32, Art. 4.) Section XII. — Eegister and file of proceedings.! Inspection, Sfc, of the file. Every contributory, and every creditor whose debt, &c.. Order 11 Nov has been allowed, may at all reasonable times inspect 1862, r. 58. such file free of charge, and at his own expense take copies or extracts, or be furnished therewith at a rate not exceeding three halfpence per folio of 72 words — and such file shall be produced as occasion may require. * See Appendix, Note 40. { See Appendix, Note 42. t See Appendix, Note 41. § See Appendix, Note 4.3, D 2 3G Companies Act — Compromise. Section XIII. — Termination of winding up Upon the termination of tlie pi'oceedings : — Order II Nov. 1. A balance-sheet shall be brought in by the official liqui- ' ^' ' dator, of his receipts and payments, and verified by his affidavit. Order 1 1 Nov. 2. The official liquidator shall pass his final account, and the 1862, 1. 65. balance (if any) due thereon shall be certified. Order II Nov. 3. y^g recognizance may be vacated upon payment of such ■" ' '■ " balance, in such manner as the Court or Judge shall direct. Order II Nov. 4. A certificate that the affairs of the Company have been ' ^' completely wound up — shall be made by the chief clerk, when the official liquidator has passed his final account, and paid the balance (if any) due thereon. Order II Nov. 5. An order that the Company be dissolved from the date of "' ■ ■ such order shall, (in case the Company has not been already dissolved) be applied for by tlie official liquidator immediately after such certificate lias become binding.* Order II Nov. 6. The file of proceedings, and the book containing the account '^' shall be deposited in the Record and fVrit Clerhs' Office — ■ when the proceedings have been completed.']" Section XIV. — Enlargement or Abridgment of Time. Order 11^ Nov. The power of the Court and Judge at chambers to enlarge ' ' ' ' or abridge the time for doing any act or taking any pro- ceeding, to adjourn or to review proceedings, &c., is un- afiected by the Ord. 11 Nov. 1862. Section XV. Commencement of Rules, 11 Nov. 1862. Oidcr n_Nov. guch rules shall take effect on and after the 2oth day of (ird'riiNov. November, 1862 — and are applicable only to proceedings lecii, I-. 75. under "The Companies Act, 1862." COMPROMISE Of suit. 1. After the cause is set down to be lieard. See Abate- ment, Art. 1 (3). 2. Where an order for the Serjeant-at-Arms has been made. See Appendix, Note 111. * See Appendix, Note 4-1. f See Appendix, Note 43. CojirUTATION. 37 COMPUTATION Section I. — Computation of Time. 1. General rule of computation.'^ Where any limited time, not limited by hours, from C. G. O. 37, or after any date or event is appointed or allowed ""' ^' for doing any act, or taking any proceeding, the com- putation of such time shall commence at the beginning of the day next following the day of such date or of the happening of such event ; and the act or proceeding shall be done or taken at the latest on the last day of such limited time, according to such computation. 2. Where the time is limited by months, not expressed to be calendar months — such time shall be computed by lunar months of 28 C. G. O. 37, days each. • '"•'"• 3. Where the time limited is less than six days — Sundays, and other days on which the offices are closed, C. G. O. S7, except Monday and Tuesday in Easter week, shall not ""• ''• be reckoned in the computation of such limited time. 4. Where the time expires on a Sunday, or other day on which the offices are closed — f the act or proceeding shall, so far as regards the C. G. 0. 37, time of doing or taking the same, be held to be duly '• '^" done or taken, if done or taken on the day on which the offices shall next open. 5. The times of vacation. shall not be reckoned in the computation of the times C. G. 0. 57, appointed or allowed for the following purposes : — ''• '•'• (1) Amending or obtaining orders for leave to amend biUs. (2) Filing or setting down exceptions for scandal or insufficiency, where the time is not limited by notice given pursuant to Ord. 42, r. 6.| (3) Setting down pleas and demurrers. (4) Filing replications or setting down causes under C. G. Ord. 33, r. 12 — where a defendant puts ■* This rule of computation is more generally applicable where the time is limited by days. ■f For such days, see "official attendance," art. 2. t The case to which the rule hero quoted refers is a case where a de- fendant, whose answer is excepted to, intends to call upon the plaintitF to make his election in which court he will proceed. 38 Computation. in. an answer to amendments to which the plaintiff has not required an answer. (5) As to drawing up decrees. See Decree, Sec. I., Art. 2 (2) and (3). C. G. 0. 37, 6. Where an order that the plaintiff do give security for '• ^'*- costs is served — the day of service, and the time thenceforward until and including tlie day on which security is given, shall not be reckoned in the computation of the time allowed a defendant to plead, answer, or demur, or otherwise defend the suit. C. G. 0. 37, 7. Where the period allowed (Jor the following purposes) ''' ■ shall expire in the Long Vacation* viz. •:^ — (1) The 14 daysf within which a defendant is bound to file hig affidavits in answer to a motion for a decree. (2) The 7 days f within which the plaintiff is bound to file liis affidavits in reply thereto. (3) The 8 weeks I after issue joined within which the evidence to be used at the hearing of any cause is to be closed, the time for the several purposes aforesaid is hereby extended to the fifth day of the ensuing Michaelmas Term, and shall expire on that day, unless enlarged by order. C. G. 0. 37, 8. Where a copy to be furnished by a party or his solicitor pursuant to Order 36, is not delivered within the 48 hours allowed by Rule 6 of such order — an addition of two clear days shall be made to the period within which any proceeding to be taken after obtaining such copy ought to be so taken— so that the party requiring such copy may be as little prejudiced as possible by the neglect. Section II. — Computation of Interest. , 1. On debts and legacies. 5'ee Interest, Art. 1.(1) (2) and (3). 2. Certificate of a chief clerk as to such computation (where such certificate is to be acted on without being signed by the Judge). See Appendix, Note 70, Art. 2. * See Appendix, Note 46. { See Appendix, Notes 46 and 47. t See Appendix, Note 47. r. 16. Concise Statement — Contributoeies. 39 CONCISE STATEMENT Filed by a defendant, with interrogatories for the examina- tion of a plaintiff, See Interrogatories, Sec. II. CONDITIONAL ORDER 1. Effect of breach or nonperformance of a conditional decree or order. Where any person who has obtained any decree or order C, G. 0. 23, upon condition does not perform or comply with such ^- ^^• condition, he shall be considered to have waived or abandoned such decree or order, so far as the same is beneficial to himself ; and thereupon any other person interested in the matter may take either such proceed- ings as the decree or order may in such case warrant, or such as might have been taken if no such decree or order had been made, unless the Court shall otherwise direct. 2. For leave to inrol a decree or order. See Appendix, Note 98. CONSOLIDATED GENERAL ORDERS See General Orders. CONTEMPT * L When an arrest of an officer or attendant upon the Court is a contempt. See Privilege. 2. Process of Contempt. (1) Issuing Process — For any writ issuable in prosecuting a contempt, search under the name of the particular writ in question. Where issued at the instance of a pauper. See Pauper, Art. 2. (2) Prosecuting Process. See Process, Art. 4. (3) Resuming process. See Process, Art. 1 (2). 3. Discharge of contempt. See Discharge, Art. 1 and 2. CONTRIBUTORIES In proceedings under " The Companies Act, 1862." 1. List of contributories, when to be made out, settled, and the result of settlement to be certified. See ' Companies Act, Sec. V. Arts. 1, 2, and 3. * See Appendix, Note 48. 40 CoNTElBnTOElES COPIES. 2. Notice of meetings of contributories. See Companies Act, Sec. VI. 3. Service of notices generally upon contributories. See Companies Act, Sec. VIIT. 4. Attendance of contributories. See. Companies' Act, Sec. VII. CONVEYANCING COUNSEL See Counsel, Art. 1. COPIES 1 . To BE MADE BY OFFICERS OF THE COUET.* (1) Procuring office copy. By C. G. O. 1, r. 44, it is provided that any office'copy of any cliief clerk's certificate, petition, written admis- sions of evidence, submissions to arbitration, and awards, made orders of the Court "shall be ready to be delivered to the party requiring the same within 48 hours after the same shall have been bespoken ; " and the provision is also applied, by customary prac- tice, and as nearly as may be, to the delivery of office copies of other documents. (2) Using the office copy f — C. G. 0. ."ie, No office copy of any pleadings, decrees, or orders, shall be delivered out, or be capable of being used in Court, or in chambers, unless the same shall have been signed by one of the clerks of Records and Writs, and no costs of any such copy not so signed shall be C. G. O. 18, allowed on taxation, and no order grounded upon an affidavit shall be drawn up unless the affidavit be first filed, and an office copy thereof be produced. 2. To BE MADE BY PaETIES OE SOLICITOES.:j: (1) In ordinary cases — C. G. O. 36, The copies shall be ready to be delivered, after the delivery of a request § (and undertaking to pay the proper charges), || and at the expiration therefrom of • •_ • 48hours.1f (or within such other time as the Court may direct, * See Appendix, Note 49. § See Appendix, Note 52. t See Appendix, Note SO. || See Appendix, Note 53. X See Appendix, Note 51. % See Appendix, Note 54.-, r. 2. r. 5. 1. 6 Copies. 41 and shall be delivered accordingly ou demand, and upon payment of the proper charges).* (2) In cases of exparte applications for Injunctions, or Writs of Xe exeat regno — The party making such application shall deliver c. 6. O. 36, copies of the affidavits upon which it is granted, ''• ^■ upon payment of the proper charges, immediately upon the receipt of the written request .and undertak- ing, or within such time as may be specified in such request, or may have been directed by the Court. 3. Copies of Bills — (1) Service of. See Service, Art 2. (2) Entering memorandum of service of, against parties who are thereupon to be bound by the proceedings. See Memorandum, Art. 1. 4. Copies of Interrogatories — Service of. See Interrogatories, Sec. I, Art. 2 ; also Sec. IT., Art. 2. 3. Copies of Angwei s — Delivery of office copy, and of other copies thereof. See Answer, Sec. II., Art. 3. 6. Copies of Traversing Notes — Service of. See Traversing Note, Sec. II. 7.* Copies of printed Evidence. (1) Where issue has been joined. See Evidence, Sec. I., Art. 7 (3). (2) Where a notice of motion for a decree has been served. See Evidence, Sec. II., Art. 5 (3). 8. Copies of Decrees and Orders — For service upon persons required to obey the same. Memorandum to be endorsed thereon. See Memor- andum, Art. 3. 9. Copies of Deeds — Where deeds directed to be settled by the Judge in chambers, delivery of. See Decree, Sec. II., Art. 3(2). 10. Copies of Petitions — (1) Of Petitions of Right. Filing and service of same. See Petition, Sec. I., Art. 1, 2, and 3. (2) Of Petitions presented under the Leases and Sales of Settled Estates Act, - wlien and hpw procurable. See Leases and Sales, &c.. Art. 3 (3) and (.4.) * See Appendix, Note 53. 42 Copies — Costs. (3) Of Petitions presentsd under " Tlie Companies Act, 1862," — when procuriible. See Companies Act, Sec. I., Art. 3. ^ 11. Copies from the register and file of proceedings under the Companies Act, 1862. See Companies Act, Sec. XII. CORPORATION Process against a Corporation — in the enforcement of a decree or order. See Decree, Sec. III., Art 8. COSTS 1. Fees chargeable by Solicitors in respect of costs. C. G. 0. 38 (^) Where the costs were incurred before 1st February, r. 1. 1857 — solicitors shall be entitled to charge and nary Ordei™r'l ^^ allowed, in respect thereof, the fees which art. 5. they were entitled to charge and be allowed, immediately before the Order of 30th January, 1857, was made. (|i Q Q gg (2) Where the costs were incurred on and subse- r. 2. quently to 1st February, 1857 — solicitors shall be entitled to charge, and be allowed, in respect thereof, the fees set forth in the Regulations as to Solicitors' Fees subjoined to the Consolidated General Orders, and in such other Regulations as may, from time to time, be made in that behalf. 2. Taxation of costs {in case the parties differ'). n Q Q A(\ Where taxation is so directed, the party claiming the r. 39. costs shall bring the bill of costs into the Taxing Master's Office, and give notice of his having so done to the other party — and such other party shall have liberty to inspect the same, without fee, at any time after such notice, and within 8 days. C. G. 0. 40, At or before the expiration of the 8 days, or i such '• "'^- further time as the Master shall allow, such other party shall either agree to pay, or signify his dissent, and may, thereupon, tender a sum for the costs. Where he makes no such tender, or where the tender is refused, the Master shall proceed to tax. If the taxed costs ' exceed the sum tendered, the costs of taxation shall be borne by the party claiming the costs. 3. Reviewing taxation of costs. C. G. 0. 40 O Application to the Taxing Master for a warrant. r. 33. ' Any party dissatisfied with the allowance or Costs. 43 disallowance of the whole or any part of any item or items may, at any time before the • certificate is signed, deliver to the other party interested, and carry in before the Taxing Master, an objection in writing, specifying therein, by a list in a concise form, the items or item, or parts or part thereof, objected to, and may thereupon apply to the Taxing Master for a warrant to review the taxation in respect of the same. Upon the application for such C. G O. 40, warrant, or upon the return, thereof, the Taxing '"• ^*' Master shall review his taxation upon such objection, and may receive further evidence, and, if so required by either party, he shall state, either in his certificate, or by reference to such objection, the grounds and reasons for his decision, and any special circumstances relating thereto. (2) Application to the Court for order — Any party dissatisfied with the certificate of the C. G. 0. 40, Taxing Master as to any item, or part of an '■ ^^' item, which may have been objected to (upon review of taxation), may apply to the Court by motion or petition for an order to review the taxation as to the same, and the Court may thereupon make such order as shall seem just ;* but the certificate shall be final and conclusive as to all matters not objected to. 4. Recovery of costs. (1) By subpcena and attachment. 5'ee Subpoena, Art. 5. (2) By Fieri Facias, &c. See Decree, Sec. III., Art. 5. (3) By Distringas, &c (against a corporation). See Distringas, Sec. III. 5. Costs of Exceptions for Insufficiency. (1) Where a defendant submits to exceptions which c. G. O. 40, have not been set down for hearing, he shall pay ■■■ 13. to the plaintiflf 20*. costs. (2) Upon a third answer being held to be insufficient, C. G. 0. 16, the Court may order the defendant to be examined ''• ^^^ upon interrogatories, and to stand committed until * See Appendix, Note 55. 44 Costs — Colut. he has fully answered, — and the defendant shall pay such costs as the Court shall think fit to award. 6. Costs of Exceptions for Scandal. See Exceptions, Section II., Art. 3. 7. Costs of Impertinent matter- When application for the same to be made. See Impertinence. 8. Costs of the production of a deponent or witness for cross- examination. See Appendix, Note 84, Art, 1. 9. Costs occasioned by non-attendance in chambers. See Appendix, Note 136. 10. Costs of process of contempt not duly executed. See Process, Art. 4. 11. Costs of copies of pleadings, Sfc. — disallotoance of, on taxation. — (1 ) Of office copies. See Copies, Art. 1 (2). (2) Of copies made by parties or solicitors. See Appendix, Note 51, 1 4. Costs of Creditors coming in to prove their debts, in proceedings under " The Companies Act, 1862." See Appendix, Note 31, COUNSEL 1. Conveyancing counsel (references to). C. O. 0. 2, The clerk to the Eegistrar shall keep a record of such references, with proper indexes, and enter therein all such references, with the dates when the same are made. (As to the distribution of the business so referred. See C. G-. O. 2.) 2. Fees of counsel. In respect of the business of a pauper. See Pauper, Art. 1. COUNTRY CAUSES C. G. O. 37, The times of procedure shall be the same in country causes '"• ^- as ill town causes. COURT I. Selection of court — for causes commenced before 20th May, 1837, or 11th November, 1841. See Appendix, Note 149. r. 2 CouKT — Dkbts. 45 2. Attendance of Registrars in court. See Attendance, Art. 1 (1). 3. Fees of Court. See Fees, Sec. I. CREDITORS 1. Ill proceedings under a Decree or Order. For tlie general practice as to, See Decree, Sec. II. Art. 4, 5 and 6. 2. In proceedings under " T/ie Companies Act, 18S2." (1) Notice of meetings of creditors. See Companies Act, Sect. VI. (2) Service of notices generally upon creditors. See Companies Act, Sec. VIII. (3) Attendance of creditors — Upon the adjudication of claims. .S'ee Companies Act, Sec. IV., Art. 3. Upon the general proceedings. See Companies Act, Sec. VII. " CROSS-EXAMINATIOX Of Deponents or Witnesses. 1. Where issue has been joined. See Evidence, Sec. I., Art. 6. 2. Where a notice of motion for a decree has been served. See Evidence, Sec. II., Art. 4. 3. To be used on interlocutory proceedings before the court. See Evidence, Sec. III. Art. 3. CUSTODY Of the books, &c., of a Company \?ound up under " The Companies Act, 1862" — when the responsibility of such custody ceases. See Appendix, Note 45. DAYS 1. Computation of time limited by days. See Computation, Sec. I., Art. 1. 2. Days of attendance in the several offices of the Court. See Official Attendance. DEBTS 1. Pkoof or Debts. 0) In proceedings under a decree or order. See Decree, Sec. II., Art. 4, 5 and 6. 46 Debts — Deceee. c. G. 0. 1, rr. 20 and 21. C. G. 0. Preliminary Order, r. 10, art. 11. C. G. 0. 1, r. 22. C. G. 0. 1, r. 23. c. , G. 0. 1, r. 24. C, . G. 0. Preli- minai •y Order, r. 10, art . 11. C. G. 0. 1, r. 27. (2) In proceedings under " The Companies Act, 1862." See Companies Act, Sec. IV. Computation op Interest on Debts. (1) In proceedings under a decree or order. See Interest, Art. 1 (1). (2) In proceedings under " The Companies Act, 1862." See Appendix, Note 32, Art, 2. DECEEE Section I, — Drawing up, passing, and entering a decree or order.* 1. Bespeaking the decree or order. Every decree or order shall be bespoken, and the requisite documentsf left with the Registrar, after the decree or order is pronounced, or finally disposed of by the Court, but within 7 days. (exclusive of vacations, except as to decrees and orders made in vacations). If not thus bespoken, the Registrar may decline to draw up the decree or order without leave of the Court. 2. Settling and passing the decree or order. j^ (1) Appointment to be made by the Registrar. At the time of delivering out the draft of any decree or order which requires to be settled by the Registrar in the presence of the parties, he shall deliver out to the party on whose appli- cation the draft has been prepared, an appoint- ment, in writing, of a time for settling the same. (2) Service of notice of appointment to settle the decree or order. § A copy of the Registrar's appointment of a time for settling the draft shall be served on the opposite party before the time fixed thereby, and at least 1 clear day. (exclusive of vacations, except as to decrees and orders made in vacations.) (3) The like of the appointment of a time (if given) for passing the decree or order. * A decree or order is " made " when pronounced. See Appendix, Note 25. •f See Appendix, Note 56. .f See Appendix, Note 57. § See Appendix, Note 58. r. 18. Decree. 47 3. Entering the decree or order.* All decrees and orders drawn up by the Registrars, or C. G. O. i, by the Chief Clerks to the Judges, shall be entered by the Entering Clerks to the Registrars, after the same shall be left for entry, and within ... 1 clear day. Section II. — Proceedings in chambers under a decree or order. 1. Bringing the decree or order into chambers. Every decree or order directing accounts or inquiries C. G. O. 35, shall be brought into chambers by the party entitled to prosecute the same,| after the same shall have been passed and entered, and within .... 10 days. (In default thereof, any party to the cause or matter may bring in the same, and may have the prosecution thereof, unless the Judge shall otherwise direct.) 22. 2. Summons to proceed with the accounts or inquiries. (1) Issuing the summons. Upon a copy of the decree or order being left, a C. G. O. 35, summons shall be issued to proceed with the '• accounts or inquiries directed. (2) Hearing the summons. Upon the return of such summons, the Judge, C. G. 0. 35, if satisfied by proper evidence that all proper ^' parties have been served with notice of the decree or order,| shall thereupon give directions as to the manner in which each account and inquiry is to be prosecuted,§ the evidence to be adduced, the parties who are to attend,[| and the time within which each proceeding is to be taken — and a day or days may be appointed for further attendance^ — and all such directions may afterwards be varied or added to as may be necessary.** * See Appendix, Note 59. || See Appendix, Note 63. f See Appendix, Note 60. t See Appendix, Note 64. X See Appendix, Note 61. ** See Appendix, Note G5. § See Appendix, Note 62, 48 Decree. 3. Where, hy any decree or order, a deed is directed to he settled by the Judge in chambers, in case the parties differ. (1) Issuing a summons — C. G. 0. 35, A summons to proceed thereon shall be issued. r 1 7 (2) Hearing of the summons — Upon the return of such summons, the party entitled to prepare such deed shall be directed to deliver a copy thereof within such time as the Judge shall think fit, to the party entitled to C. G. 0. 35, object thereto. And the party entitled to object ' ■ ' ■ shall be directed to deliver to the other party a ■written statement of his objections (if any), after the delivery of such copy (of the deed), but within 8 days. (and the pi'oceeding shall be adjourned until after the expiration of such 8 days.) 4. Advertisements for creditors or other claimants * r. G. 0. 35, shall fix a time for tliem to rorae in and prove their '■ ^ ■ claims, and shall appoint a d:iy for hearing and adjudi- cating thereon. 5. Claimants coming in ptirsuant to advertisement C. G. 0. 35, shall enter their claims at the chambers in the " Claim Book," for the day appointed for hearing, and shall give notice thereof, and of the affidavit filed, to the solicitors in the cause, within the time specified in the advertisement.! 6. Hearing the claims. (1) Original hearing — C. G. 0. 35, Where, on the day appointed for hearing the claims,!, any remain undisposed of, an adjourn- ment day shall 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. (2) Adjournment — 0.0.0.35, Any claimant, who has not before entered his claim, may be heard on such adjournment day, * See Appendix, Note 65. f See Appendix, Note 68. t See Appendix, Note 67. r. 40. r. 41. Decree. 49 provided he has entered his claim and filed his affidavit prior to such day . . 4 clear days. (and no Certificate of debts or claims has been made in the meantime.) Chief clerk's certificate — (1) Preparation of the certificate, and signing thereof by the chief clerk. — When prepared and settled, it shall be transcribed C. G. 0. 35, by the solicitor prosecuting the proceedings in " such form,* and within such time, as the chief clerk shall require, and shall be signed by the chief clerk at an adjournment for that purpose. But where 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 without any adjournment. (2) Taking the opinion of the Judge thereon — In ordinary cases — C. G, O. 35, any party may take such opinion, upon any conclu- "' ded proceeding, as to which the chief clerk's certificate shall not have been signed and adopted by the Judge, after the certificate shall have been signed by the chief clerk, but within 4 clear days. (a summons being obtained for such purpose.) Whi re the certificate is to be acted on by the C. G. 0. 35, Accountant General without any further order — '' the summons must be taken out before 12 o'clock on the day following that on which the certificate shall have been signed by the chief clerk. (3) Signing and adoption by the Judge| — In ordinaiy cases — the chief clerk shall submit the certificate to the C. G. O. 35, Judge for his approval, (and the Judge may there- ■■• ^'• upon, if he approve the same, sign it in testimony of his adoption thereof, as follows : — " Approved this day of ") after the certificate shall have been signed by the chief clerk, and at the expiration therefrom of . . . 4 clear days, (if no party has in the meantime obtained a sum- mons to take the opinion of the Judge thereon.) * See Appendix, Note 69. t See Appendix, Note 70. 50 Deceee. C. G. O. 35 Where the certificate is to be acted on by the !"• 53. Accountant General without any further order — such certificate may be signed and adopted by the Judge on the day after the same shall have been signed by the chief clerk. (Unless any party desiring to take the opinion of the Judge thereon obtains a summons for that purpose before 12 o'clock on that day.) As to certificates on passing Receivers' accounts — C. G. O. 35, Such certificates may be approved and signed by "' ' the Judge without delay, and upon being so signed shall be filed and forthwith acted upon. (4) Filing the certificate — C. G. 0. 35, The certificate when signed by the Judge, with the accounts, if any (and the transcripts, if any ; see C. G. O. 35, r. 46), shall be transmitted, by the chief clerk, to the Report ofiice, to be there filed. C. G. O. 35, Certificates not required to be signed by the Judge ^' ' shall be transmitted and filed in the same manner. C. G. O. 35, Certificates on passing Receivers' accounts shall, ^- ^*- upon being signed by the Judge, be filed forthwith. (5) Application to discharge or vary the certificate, — C. G. 0. 34, In ordinary cases — r. 52 may be made by summons, or motion, after the filing of such certificate, and within 8 clear days. C. G. O. 35, Where the certificate is to be acted upon by the Accountant General without further order — the time for applying to discharge or vary such certificate shall be after the filing thereof, and within 2 clear days. Section III. — Enforcing a Decree or Order.* 1. St/ writ of attachment^— C. G. 0. 29, Where any person is by a decree or order made in any '^' ' suit or matter directed to pay money, or to do any other act in a limited time, and after due service J of such decree or order neglects to obey the same, the party prosecuting such decree or order shall, at the ' See Appendix, Note 71. {See Appendix, Note 73. t See Appendix, Note 7-2. Decree. 51 expiration of the time limited, be entitled to a writ or writs of attachment against the disobedient person. 2. ]3y sequestration — In case the person shall be taken or detained in custody C. G. O. 29, under any such writ of attachment without obeying '^' " the decree or order, then, upon the sheriff's return to that effect, or u pon the sheriff's return non est inventus, the party prosecuting the decree or order shall be entitled to a commission of sequestration against the disobedient person's estate and effects. 3. Bt/ the Serjeant-at-Arms — In case the sheriff shall make the return non est inventus C. G. 0. 29, to the writ or writs of attachment, the person prose- ''' cuting such decree or order shall be entitled to an order for the Serjeant-at-Arms,* and to such other process as formerly upon the like return made by the commissioners named in a commission of rebellion issued for the nonperformance of a decree or order. (As to when tlie person committed, or brought up by the Serjeant-at-Arms, can be released. See Release, Art. 1.) 4. i?«/ writ oj" assistance — Upon due service f of a decree or order for delivery of C. G. O. 29, possession, the person prosecuting the same shall be '• ^• entitled to an order for a writ of assistance. 5. Bi/ Fieri Facias or Elegit.\ (1) Issuing (or sealing) of the writ : — Every person to whom, in any cause or matter, C. G. O. 29, any money or costs shall have been directed to be ^- paid, may sue out one or more writ or writs of Fieri Facias or of Elegit, when the Decree or Order has been duly passed and entered, and after the lapse therefrom of . . . .1 mouth, (But upon every such decree or order one of c. G. O. 29, the entering clerks shall, at the request of the r. 7. party leaving- the same, mark the day of the month and year on which the same is left for entry ; and no such writ shall be sued out * See Appendix, Note 111. f See Appendix, Note 74. f See Appendix, Note 73. IS 2 I. 8. r. 9. 52 Deceee. unless sucli date of entry is so marked thereon]*. (2) Execution of the writs : — C. G. O, 29, Such writs, when sealed, shall be delivered to tlie officer to whom the execution of the like writs issuing out of the superior courts of common law belongs ; and shall be executed by him as nearly as may be in the same manner in which he ought to execute such like writs. (3) Return of the writs : — C. G. O. 29, Such writs, when relumed by the officer, shall be delivered to the parties by whom they were sued out, and shall thereupon be filed in the office of the Clerks of Records and Writs. 6. By Venditioni Exponas, C. G. 0. 29, Where it appears, upon the return of any writ of Fieri Facias, that the officer has seized but not sold any goods of the person directed to pay the money or costs, the person to whom such money or costs is or are payable, may, immediately after such writ with such return shall have been filed, sue out a writ of Vendi- tioni Exponas. 7. By Fieri Facias de bonis Ecclesiasticis, or iSequestrari Facias de bonis Ecclesiasticis. (1) Issuing (or sealing) of the writ : — C. G. O. 29, Where itappears,upon thereturnofany(ordinary) writ of Fieri Facias or of Elegit, that the person against whom such writ was issued is a beneficed clerk, and has no goods or chattels, nor any lay fee in the Sheriflfs bailiwick, the person to whom the money or costs is or are payable may, immediately after snch writ with such return shall have been filed, sue out one or more writ or writs of Fieri Facias de bonis Ecclesiasticis, or of Sequestrari Facias de bonis Ecclesiasticis. (2) Execution of the writs : — C. G, 0. 29, Such writs, when sealed, shall be delivered to the Bishop, and shall be executed by him as nearljt as may be in the same manner in which he ought to execute such like writs issuing out of the superior courts of common law. r. 11. t. 13, Deckee. 53 (3) Return of the writs : — Such writs, when returned by the Bishop, shall C. G. O. 29, be delivered to the parties by whom they were ^' "• sued out, and shall thereupon be filed in the oflBce of the Clerks of Records and Writs. 8. Against a Corporation. A decree or order may be enforced against a corporate body by Fieri Facias or Elegit {see Art. 5 under this Section). But if Sequestration be desired, the pre- liminary process (after personal service of the decree or order upon the secretary or other responsible officer of the Company) is by Distringas (on a contempt) and not by Attachment. For the course of procedure there- upon, see Distringas, Sec. I. 9. Against a Peer or a Member of Parliament. A decree or order may be enforced against a Peer or a Member of Parliament by the following process : — 1st, personal service of a copy of the decree or order (the notice of liability indorsed thereon, comprising only so much of the form as refers to liability to sequestration); and, 2ndly, (upon proof of due service, and of default,) by orders nisi and absolute for sequestration. Section IV Miscellaneous points. 1. Motion for Decree. (1) Service of notice. See Motion, Sec. I. (2) Filing evidence in support. See Evidence, Sec. IL (3) Setting down cause. See Setting down, Sec. I., Art. 4. 2. Conditional Decree. Eifect of breach or non-performance of condition. See Conditional Order, Art. I. 3. When Decree absolute. (1) Where a defendant makes default at the hearing of C, G, 0. 23, a cause : — '• ^^■ the decree shall be absolute in the first instance, without giving the defendant a day to show cause, and shall have the same effi3ct as if nisi in the first instance, and afterwards made absolute in default of cause shown. 54; Decree. (2) "Where an infant is a party : — As a Plaintiff — the decree is usually absolute in Seton on De- ^^jjg gj-gj instance, inasmuch as, " in general, infants p 6gg_ ' are as much bound as adults." But there are some exceptions to the rule. As a Defendant —i\\e decree is sometimes abso- lute in the first instance — but more usually pro- vision is made in the decree to the following eifect : — "And this decree is to be binding on the crees 3rd edit. defendants, the infants, unless they shall respej- p. 685. tively, within six months after attaining their respective ages of 21 years, on being served with subpoenas to show cause against this decree, show unto this Court good cause to the contrary ;" or, Seton on Dc- "And this decree, &c., unless defendant A, the ^^^Ts^^^ *''"• infant, on being served, after he shall have attained tlie age of 21 years, with subpcena to show cause against this decree, shall, within six months from the service of such subpoena show unto this Court good cause to the contrary." (3) Where the decree is founded on a bill taken pro confesso. See Pro Confesso, Sec. IV. 4. Registration of a Decree as a Judgment. See Appendix, Note 150. 5. When a Decree or Order is binding on a party required thereby to do any act — C. G. 0. 23, Every such decree or order shall state the time, or the '■ ■ time after service of the decree or order within which the act ia to be done — but no writ of execution shall C. G. 0. 30, be issued to compel obedience, but the person required by the decree or order to do any act shall, upon being duly served with such decree or order, be held bound to do such act in obedience thereto. See also Appendix, Note 73. 6. Application to stay proceedings upon a Decree or Order. (1) Upon a decree or order made in ordinary suits. See Stay of Proceedings, Art. 1. (2) Upon a decree or order made on the hearing of a " special case." See Special Case, Art, 5. 7. Appeal from a Decree or Order {and rehearing). See Appeal, Sec. I. Deceee — Deliteey. 55 8. Reversal, Sfc, of Decree upon a Bill of Review. ^-ee Bill, Art. 11. 9. Caveat against inrolmeni of a Decree or Order. See Caveat. 10. Inrolment of a Decree or Order. See Inrolment, Sec. I. 1 1 . Notice of Decree or Order. (1) Service of the notice. See Service, Art. 6 (5). (2) Entry of a memorandum of the service. See Memorandum, Art. 2. (3) Application to the Court to add to a decree or C. G. 0. 23, order : — ^- l^- by a party served with notice of the decree, shall be made, after service of the notice, but within 1 month.* 12. Clerical mistakes or errors in Decrees and Orders. See Clerical Mistakes. 13. Decree or Order made on a Petition of Right. Application to Judge to certify same. See Petition, Sec. I., Art. 7. 14. Decrees made in other Courts. Use thereof upon the hearing of causes in this Court. See Hearing, Sec. I., Art. 7 (2). DEED 1. Settlement of a deed by the Judge in chambers. See Decree, Sec. II., Art. 3, 2. Acknowledgment of a deed. — Taking the acknowledgment by the commissioner. See Commissioner. 3. Deposit of the inrolment of a deed. — The records of all deeds inrolled shall be sent by the c. G. 0. 1, Clerk of Inrolments to the Public Eecord Office, Rolls >"• 41. Yard, after the inrolment thereof, but within 2 years. DELIVERY 1 . Of copies of interrogatories. See Interrogatories, Sec. I., Art. 2 ; also Sec. II., Art. 2. 2. Of office copies of answers, and of other copies thereof. See Answer, Sec. II., Art. 3. 3. Of copies of pleadings, &c., to be made by parties or solicitors. ~ See Copies, Art. 2. * See Appendix, Note 75. 56 Delivery — Demubkee. 4. Of a copy of a deed, directed to be settled by the Judge in chambers, in case the parties differ. — and 5. Of statement of objections to the same. See Decree, Sec. 11., Art. 3 (2). 6. Of a copy of a petition presented under " The Companies Act, 1862." See Companies' Act, Sec. I., Art. 3. 7. Of a judgment, by a retiring Lord Chancellor — 15 & 16 Vic. Where, after cases have been fully heard by the Lord c. 80, s. 60. Chancellor, and are standing for judgment, the Lord Chancellor delivers up the great seal, without being able to deliver judgment therein, it shall be lawful for such person to give in to the registrar a written judgment therein, signed by him, after he shall have delivered up the great seal, and within . . 6 weeks. "DEMURRER Section I. -Time for Filing a Demurrer. 1. Demurring alone — C. G. O. 37, A defendant may demur alone to any bill, after his '"' ^' appearance thereto, but within .... 12 days,* (But not afterwards.) 2. Not demurring alone. C. G. 37, (1) A. defendant required to answer a bill (whether '■ *■ original or amended) — must put in his plea, answer, or demurrer, not demurring alone, after the delivery to him or h'is solicitor of a copy of the interrogatories which he is required to answer, but within ... 28 days. C. G. O. 37 (^) -^ defendant not required to answer a bill — r. 5. may, without leave of the Court, put in a plea, answer, or demurrer, not demurring alone, after the expiration of the time within which he might have been served with interrogatories! for his examina- tion in answer to such bill, but within . 14 days. 3. By a Defendant served tvith bill and interrogatories out of the jurisdiction of the Court — C. G. 0. 10, Within the time limited by the order J directing r. 7, art. 2 a^d 3. * See Appendix, Note 76. % See Appendix, Note 77. f See Appendix, Note 5. Demckeee. ' 57 such service, and a copy of which is served at the time the copy of the bill is served 4. To a Petition of Bight. See Petition, Sec. I., Art. 6. 5 Where an order /or security for costs is served. See Computation, Sec. I., Art 6 Section II.— Notice of Filing a Demurrer. Shall be given on the same day. C. G. 0. 3, r. 9. Section III. — Setting down a Demurrer for Argument.* Upon the filing thereof either party is at liberty to set C. G. 0. 14, the same down for argument immediately. 1. Where the Demurrer is to the whole Bill — C. G. O. 14, it must be set down for argument after the filing thereof, '• ^*- and within 12 days. (But the times of vacation are not to be reckoned.) C. G. 0. 37, Otherwise, and if the plaintiff does not within such ''• ^^' '"'• ^■ 12 days serve an order to amend the bill, the demurrer shall be held sufficient, to the same extent and for the same purposes, and the plaintiff shall pay the same costs as in the case of a demurrer to the whole bill allowed upon argument. 2. Where the Demurrer is to part of a Bill — C. G. O. 14 it must be set down for argument after the filing thereof, >■• IS- and within 3 weeks. (But the times of vacation are not to be reckoned.) c. q q. 37 Otherwise, and if the plaintiff does not within such ''• 13, art. 3. 3 weeks serve an order to amend the bill, the de- murrer shall be held sufficient, to the same extent and for the same purposes, and the plaintiff shall pay the same costs as in the case of a demurrer to part of a bill allowed upon argument. Section rv. — Hearing of a Demurrer. No demurrer shall be allowed to stand over (for argu- c. G. 0. 21 ment) to an indefinite period. r. 13. * See Appendix, Note 116, art. 1. 58 Deposit — Dischaege. DEPOSIT 1. Of money — (1) On setting down a petition of appeal, 85c. See Appeal, Sec. L, Art. 3. (2) On exhibiting a bill of review. See Bill, Art. 11 (3). 2. Of bills, notes, fee- Received by an officiaHiquidator, in proceedings under " The Companies Act, 1862," — when to be made. See Companies Act, Sec. X., Art. 2. DEPOSITIONS Depositions of Witnesses. 1. General practice applicable thereto. See Evidence. 2. Where taken in other Courts — Use thereof on the hearing of causes in this Court. See Hearing, Art. 7 (3). DIRECTION " Judicial Direction " — Application for same by a trustee, under the Act 22 & 23 Vic, cap 35, sec 30. See Judicial Opinion. DISCHARGE 1. Discharge of a Defendant in custodi^ for not Answer- ing. Q n Q 12 (1) Where the defendant is in prison, and is not r. 3. brought to the bar of the Court, he shall be dis- charged from the process under which he was arrested or detained, without payment of the costs of his contempt, after the tftne of his being actually in custody or detained, and at the expiration there- from of 30 days. (But if he does not put in his answer within 8 days after such discharge, a new attachment may be issued against him.) C. G. O. 12, (2) Where the defendant is in the custody of the r 2. Serjeant-at-Arms, or of a Messenger, and is not brought to the bar of the Court, he shall be dis- charged out of custody by the Serjeant-at-Arms or Messenger, without payment of the costs of his DlSCHAEOE — DiSCLAlMEE. 59 contempt, after he was taken into (such) custoily, and at the expiration therefrom of . . 10 days. (But if he does not put in his answer within 8 days after such discharge a new attachment may be issued against him). (3) Where the defendant submits to have the bill taken C. G. 0. 22, ■pro confesso against him, he may apply to the Court ''• ^' (upon motion, with notice, to be served on the plaintiff), to be discharged out of custody — and thereupon the Court may order the bill to be taken pro confesso, and the defendant to be dischai'ged upon such terms as may be just, unless the Court is satisfied that justice cannot be done to the plaintiff without discovery, or further discovery from such defendant. 2. Discharge of contempt. (1) Where an order for the ^erjeant-at-Arms has been made. See Appendix, Note 111. (2) Where the person is a pauper. See Pauper, Art. 3. 3. Discharge of a Chief Clerk's certificate. See Decree, Sec. II., Art. 7 (5). 4. Discharge of an order to revive suit, or to carry on the proceedings. See Order, Art. 20 (3). 5. Discharge of a Receiver. as the consequence of not passing account or making payment. See Appendix, Note 60, Art. 3. 6. Discharge of a Writ of Distringas to restrain transfer of Stock, Sfc. See Distringas, Sec. IV., Art. 4. DISCLAIMER 1. The time of taking any disclaimer shall be expressed (in C. G. O. 4. the Jurat) by the commissioner, (and the place where shall be also expressed, other- wise the same shall not be held authentical, nor filed.) 2. The time for filing any disclaimer is the same as for filing an answer. See Answer, Sec. I. r. 60 Dismissal — Dissolution. DISMISSAL Of Bill. ].. For want of prosecution — By motion, on notice. See Motion, Sec. II. C. G. 0. 14, 2. Where a plea to the vfhole bill is filed — and the plaintiff does not set the same down for argu- ment within three weeks after the filing thereof, or, within such three weeks sei've an order to amend the bill, or, by notice in writing, undertake to reply to the plea, the defendant may obtain, as of course, an order to dismiss the bill, at any time after the expiration of such 3 weeks. C. G. 0. 14, 3. Where a plea of the dependency of a former suit for the same matter is filed, and the plaintiff disputes the truth thereof — but does not (on motion, or petition, of course) obtain an order for inquiry as to the truth thereof, and a certificate in pursuance thereof, within one month after the filing of such plea, the defendant may obtain, as of course, an order to dismiss the bill with costs, after the expiration of such ... 1 month. C. G. 0. 23, 4. After the cause is set down for hearing, or is called on to '• ^^- be heard, and the plaintiff makes default — such dismissal, whether upon the plaintiff's own application, or by reason of the plaintiff's default, shall, unless the Court shall otherwise direct, be equivalent to a dismissal on the merits, and may be pleaded in bar to another suit for the same matter. 5. Where a suit abated by the death of a sole plaintiff is not revived by the legal personal representative — C. G. 0. 32, Where a suit so abates the Court may, upon motion of any defendant, on notice served on the legal repre- sentative of the deceased plaintiff, older that such representative do revive the suit within a limited time, or that the bill be dismissed. DISSOLUTION Of a Company wound up under " The Companies Act, 1862."— When order for, to be applied for. See Companies Act, Sec. XIII., Art. 5. D ISTKESS- -DiSTEIN GAS. 61 DISTRESS Against a Company — where put in force after the commence- ment of the winding up, under " The Companies Act, 1862." See Appendix, Note 24, Art. 7. DISTRINGAS Against a Corporation. Section 1. — ^For breach of a decree or order. Such writis issuable after due service* of a copy of the decree or order, in like manner as an attachment is issuable against an ordinary party. But the obtainment of subsequent process, viz. sequestration, is dependent upon the Sheriff's return to the distringas. If the distringas first issued is returned " nulla bona,^' an alias distringas must then be sued out — if tlie alias distringas be also returned " nulla bona^' then a pluries distringas must be sued out — and if the pluries dis- tringas be returned either " nulla bona " or " issues," an order nisi for sequestration may be obtained, on motion as of course. But upon a return of "issues" to either the 1st, Harvey v. the 2nd, or 3rd writ of distringas, the order nisi for sequestra- company, 2 tion may be obtained, on motion as of course — and upon Vernon, 395 ; proof of due service of the order nisi and of continued de- "^^ Mayor &e!' fault, an order absolute for sequestration may be obtained, on of Colchester, motion as of course.f 3 Merivale, Section II. — For want of Answer. A distringas (on a contempt) for want of answer is issuable at the expiration of the like times as an attachment for want of answer is issuable against an ordinary party. See, therefore, Attachment, Art. 3. But to obtain sequestration in such case, the coui-se of procedure upon the distringas is tlie same as is set forth under the preceding section. Section III.— For nonpayment of Costs. A subpoena for the costs may, in the first instance, be sued out, and served personally upon the Secretary or other re- sponsible officer of the Company. The subsequent process is by distringas, as set forth under Sec. I. * For explanation of " due service," see Appendix, Note 73. f See /ppjndix, Note 148, 62 DisTEiNGAs — Dividends. Section IV.— To restrain Transfer of Stock, &c. 1. Issuing the tvrit. C. G. O. 27, Upon presentment (for sealing) of such writ by or on rr. 1 and 2. behalf of any person claiming to be interested in any stock transferable at the Bank * standing in the name of any other person or body politic or corporate in the books of the Bank,* and on leaving with the clerks of Eecords and Writs an affidavit duly sworn by the person or one of the persons applying for such writ, or his solicitor, the same writ shall be forthwith sealed with the seal of the office of the clerks of Re- cords and Writs, and when sealed shall have the same force and validity as the writ of distringas formerly issued out of the Court of Exchequer. 2. Serving the tvrit. Customary The writ (with notice not to permit the transfer, practice. gjc.) may be served immediately the writ is issued ; and, where the writ is issued against the Bank of Eng- land, service is usually effected by leaving the same with the solicitors of the Bank. 3. Request to the Bank to permit transfer of stock or to pay dividends. C. G. O. 27, Where the bank, after having been served with such '• *• writ and notice not to permit transfer, &c., receives a request from the person in whose name such stock is standing, or some person on his behalf or represent- ing him, to allow such transfer, &c., the Bank shall not, without the order of the Court, refuse to permit such transfer, &c., after such request, and for more than 8 days. 4. Discharge of the writ, and of all process thereunder. C. G. 0. 27, (1) By the person on whose behalf the writ was issued : — At any time, by order, to be obtained as of course upon the petition of such person. (2) By any other person interested: — At any time, upon application by motion, on notice, or by petition duly served. DIVIDENDS 1. Investment of dividends — By the Accountant-General. See Investment, Art. 2. * See Appendix, Note 78. r. 3 r. 18. r. 19. Dividends— Easter Week. 63 2. Payment of dividends — (Ij To the legal personal representatives of a deceased person. See Representative, Art. 1. (2) Under the Trustee Relief Act. See Trustee Relief Act, Art. 3. DOCUMENTS 1. Official entry of documents — (1) By the entering clerks to the Registrars. — All decrees and orders, praecipes for attachments, C. 6. O. and such other documents as ought to be entered by the entering clerks to the Registrars, shall be entered by them after the same shall be left for entry, and within 1 clear day. And the books in which such entries are made C. G. O. 1, shall> when completed, be transmitted to the Report Office, and shall at all times during office hours be accessible to the public, on payment of the usual fee. (2) At the Report Office — For the rule applicable to this office. See Certificate, Art. 5 (1). 2. Production of documents — For the practice applicable thereto. See Production, Art. 1. 3. Custody of documents — relating to the affairs of a company wound up under " The Companies Act, 1862," — when the responsibility of such custody ceases. See Appendix, Note 45. 4. Making and delivery of copies of documents — See Copies, Art. 1 and 2. DRAINAGE Of settled estates — For the course of procedure under the Act relating to — 8 & 9 Vic, cap. 56, See Con. Gen. Ord , Appendix, pp. 231 to 238. EASTER WEEK Monday and Tuesday in Easter week — when not to be excluded in the computation of time. See Computation, Sec, I., Art. 3. ffi Election — Entry. ELECTION Obtaining oeder for plaintiff to elect. C. G. O. 42, I. A Defendant whose answer- is not excepted to, or set ^- ^- down for hearing on former exceptions, (alleging that the plaintiff is prosecuting him in equity and at law for the same matter) may obtain, as of course, on motion or petition, the usual order for the plaintiff to elect in which Court he will pro- ceed, after his answer or further answer is filed, and upon the expiration therefrom of ... 8 days, C. G. O. 42, 2. A Defendant whose answer is excepted to — •'• 6- may, by notice in writing, require the plaintiff to set down the exceptions, after the service of the notice, and within . '. 4 days. (And if the plaintiff does not thus set down such exceptions, or if they are not allowed, such de- fendant may obtain, on motion or petition as of course, the usual order for the plaintiff to elect.) C. G. O. 42, 3. A Defendant not required to answer — ''• ''• may, upon the expiration of the time within which he might have been served with interrogatories,"* obtain as of course, on motion or petition, the usual order for the plaintiff to elect. ELEGIT Writ of elegit — when issuable, in the enforcement of a decree or order. See Decree, Sec. III., Art. 5. ENFORCING DECREE OR ORDER See Decree, Sec. III. ENLARGEMENT Of times of procedure : — Power of the Court as to. ^ee Time, Art. I. ENTRY 1. Of appearance. S'ee Appearance. 2. Of memorandum of service of copy of bill. See Memo- randum, Art. I. ' * See Appendix, 'Ncte .'i. Entry — Evidence. 65 3. Of record for trial. See Ti'ial by Jury, Sec. I., Art. 2, 4. Of decrees and orders, &c. — (1) By the (sntering clerks to the Registrars. See Documents, Art. I. (1). (2) To ground the issuing of a writ of fieri facias or elegit. See Decree, Sec. III., Art. 5. 5. Of memorandum of service of notice of decree. See Memorandum, Art. 2. 6. Of claims — by claimants. See Decree, Sec, II., Art. 5. 7. Of caveat against the inrolment of a decree or order. See Caveat. 8. Of receiver's accounts : — When to be made. See Receiver, Art. 3 (2). 9. Of name and address at Chambers : — By a creditor or contributory, as preliminary to attend- ance upon proceedings under " The Companies Act, 1862." See Companies Act, Sec. VII. ERRORS In decrees or orders — correction of. See Clerical mistakes. EVIDENCE ■ General rule governing the extent to which evidence is to be entered into. When the defendant has answered, the plaintiff shall C. G. O. 19, carefully consider it — and if upon the answer alone, ''■ " without further proof, there is sufficient ground for a final decree or order, he shall proceed upon the answer without entering into evidence — or if it is needful to prove a particular point, he shall not enter into evi- dence as to other points not necessary to be proved — otherwise he will render himself liable to pay the costs thereof. Section I. Evidence to be used on the hearing of a Cause * in which issue shall have been joined.f Preliminary requirement. Notice of filing the replication must be given C. G. 0. 17, (As to the parties upon whom such notice must be '" ^' served, See Appendix, Note 125.) * See Appendix, Note 80. t See Appendix, Note 81. F 66 Evidence. Course op Procedure in taking the Evidence. 1. Where the evidence as to any facts or issues is to be taken viva voce at the hearing — (1) Taking out summons — Order 5 Feb. In any cause in which issue is joined, the plaintiff ^*^'' '■ ^" or defendant may apply to the Judge in chambers, by summons, to be served on the opposite party, for an order that the evidence in chief as to any facts or issues (such facts or issues being distinctly and concisely specified in the summons), may be taken vivd voce at the hearing — such application being made after issue joined, and within 14 days. (2) Making the order — Order 5 Feb. The -Judge may make an order that the evidence 1861, r. 3. in chief as to such facts and issues, or any of them, shall be taken vivd voce at the hearing accordingly — and the facts, &c., to which the direction applies shall be specified in the order — but the Judge may refuse to make such order, if the application is unreasonable, or made for delay, oppression, or vexation. (3) Taking the evidence — Order 5 Feb. Where such order made, the examination in chief, 1861, r. 3. cross-examination, and re-examination shall be taken before the Court at the hearing as to the facts, &c., specified in the order — and no affidavit or evidence taken before an examiner shall be admissible at the hearing in respect of any facts, &c., included in any such ordei'. Order 5 Feb. 2. Where the evidence in chief, or any portion of such evi- ' ' ' denee, is to be taken by affidavit* — Order .5 Feb. Such evidence, on both sides, shall be closed (that is, 1861, r. 5. ^jjg affidavits shall be filed) after issue joined, and within 8 weeks. (Memorandum. — If the 8 weeks shall expire in the Long Vacation, the time for closing the evidence shall expire on the 5th day of the ensuing Michaelmas Term, unless enlarged by order. See Con. Gen. Ord. 37, r. 15.) * See Appendix, Note 82. Evidence. 67 3. Where the evidence in chief, or any portion of such evi- Order 5 Feb. dence, is to be taken ex parte before an examiner* — g ' "' *° Such evidence, on both sides, shall be closed (that Order 5 Feb. is, taken and filed) after issue joined, and within 1861, r. 5. 8 weeks. ((See Memorandum to preceding Art. 2). 4. Where the evidence in chief, or any portion of such evi- dence, consists of an affidavit or deposition made or filed before issue joined — Such afiidavit or deposition shall not, without special c. G. 0. 19, leave of the Court, be received at the hearing, unless '• ^^• notice in writing shall have been given by the party- intending to use the same to the opposite party, after issue joined, and within 1 montli. (or within such longer time as may be allowed by special leave of the Court.) 5. Where, at any time after issue joined, the parties agree Order 5 Feb. (in writing') "f that the examination in chief and cross-ex- '°°^' ''■ amination of any witness, or the cross-examination of any person who has made an affidavit, or been examined ex parte before an examiner, shall be taken before an ex- aminer,\ under 15 and 16 Vic. c. 86 (^that is, in the presence of the parties) — or where the Court directs such Order 5 Feb. an examination, owing to the age, infirmity, or absence ' '' out of the jurisdiction of the witness or person (such direction being obtainable in chambers, on notice) — Such evidence, including any cross-examination and Order 5 Feb. re-examination, shall be closed after issue joined, and ^^^^> '"• ^• within 8 weeks. (See Memorandum to preceding Art. 2.) 6. The cross-examination of any deponent or witness, in a Hjfj"^ ^ ? cause in which issue is joined (except in the cases referred to in the preceding Art. 5, and except in suits to per- petuate testimony, and where issue was joined before the \st day of Easter Term 1861, See Ord. 5, Feb. 1861, rr. 16 and 17), shall be taken only before the Court at the hearing. The attendance (at the hearing) of any deponent who has made an afiidavit, or of any witness who * See Appendix, Note 83, art. 3. X See Appendix, Note 83, t See Appendix, Note 83, art. 1. art. 2 and 3. F 2 68 Evidence. Order 5 Feb. 1861, r. 19. Order 5 Feb. 1861, 1. 19. Order 5 Feb. 1861, r. 22. Order 16 May 1862, r. 3. Order 1 6 May 1862, 1. 4. Order 16 May 1862, 1-. 4. has been examined ex parte before the examiner, is compellable thus : — The party desiring to cross-ex- amine the deponent or witness shall not be obliged to procure the attendance of such deponent or witness for cross-examination, but (1) may serve upon the party by whom such affi- davit has been filed, or witness examined, or his solicitor, a notice in writing requiring the production of such deponent or witness for cross-examination before the Court at the hearing,* such notice to be served after the closing of the evidence, and before the ex- piration therefrom of .... 14 days. (2) and shall give to the opposite party notice of his intention to cross-examine the witness,f and at least 48 hours. (unless the Court shall dispense with such notice.) 7. Printing the evidence.^ (1) Preliminary requisite as respects affidavits.§ On filing affidavits required to be printed, a fair copy of each affidavit filed§ (such copy to be written on draft paper, on one side only), is to be left with the Clerks of Records and Writs, and each such copy is to be certified by the solicitor, or party, to be a correct copy of the affidavit filed. (2) Application to have the evidence printed may be made by any party to the suit. As to affidavits and depositions|| — After the expiration of the time fixed for closing the evidence. As to depositions taken on the oral cross- examination of witnesses who have made affidavitslT — After the expiration of the time » See Appendix, Note 84. \ See Appendix, Note 86. t See Appendix, Note 85. § See Appendix, Note 87. II Meaning, it is presumed, ex parte examinations, which are to be deemed to be affidavits under Order 5 Feb. 1861, r. 6, and depositions taken orally pursuant to agreement under Order ,5 Feb. 1861 r. 10. % Taken, it is presumed, pursuant to agreement under Order 5 Feb. Evidence. 69 allowed for the oral cross-examination of such witnesses. (3) Taking oflSce copies and other copies of the printed evidence. See Appendix, Note 88. Section II. To be used on the hearing of a Cause in which a notice of motion for a decree shall have been served. 1. The Plaintiff's affidavits* {in chief) C. G. 0. 33, in support of such motion shall be filed before the ^- ^^ service of such notice. (and a list of such affidavits shall be set forth at the foot of such notice.) 2. The Defendants affidavits^ (in answer) C. Q. O. 33, shall be filed after service of such notice, but within '• ®* 14 days. (and a list thereof shall be delivered to the plaintiff or his solicitor.) (Memorandum. — If the 14 days shall expire in the C. G. O. 37, Long Vacation, the time for filing the affidavits in ""■ ^^' answer is extended to the fifth day of the ensuing Michaelmas Term, and shall expire on that day, unless enlarged by order. See Con. General Order 37, r. 15). 3. The Plaintiff's affidavits'!^ (in reply)^ C .G. O, 33, shall be filed within 7 days ^- '^• after the expiration of such 14 days, or other enlarged period for filing the defendant's affidavits. (and a list thereof shall be delivered to the Defendant, See also Memorandum to preceding Art. 2 under this Sec.) 4. The cross-examination of any deponent who has made an affidavit to he used on a motion for a decree is procurable thus : — The party desiring to cross-examine the deponent Order 5 Feb. upon his affidavit filed, shall not be obliged to pro- ' cure the attendance of such deponent for cross-exa- mination, but — (1) may serve upon the party by whom such Order 5 Feb. 1861, r. 10, for, in causes in which issue is joined, oral cross-examinations can only be thus taken. * See Appendix, Note 82. % See Appendix, Note 82. f See Appendix, Note 82. § See Appendix, Note 89. 1861, r. 19. 70 Evidence. Order 5 Feb. 1861, r. 22. Order 16 May 1862, r. 5. Order 16 May 1862, r. 5. affidavit has been filed, or his solicitor, a notice in writing, requiring the production of such deponent for cross-examination before the examiner* — such notice to be served after the time allowed for the plaintiff to file his affidavits in reply, and before the expiration therefrom of 14 days.f (2) and shall give to the opposite party notice of his intention to cross-examine the deponent,| and at least 48 hours. (unless the Court shall dispense with such notice.) 5. Printing the evidence. \ (1) Preliminary requisite : — As to furnishing fair copies of the affidavits || for the printer. See Sec. 1, Art. 7 (I). (2) Application to have the evidence printed may be made by any party to the suit : — As to affidavits — After the times (i. e. after each of the times) respectively allowed for filing each set of affidavits. As to depositions taken on the oral cross-exam- ination of the witnesses who have made such affidavits — After such depositions shall have been filed. (3) Taking office and other copies of the printed evi- dence. See Appendix, Note 88. Customary practice. Section III. — To be used on the hearing of any motion, petition, or summons before the Court, or in chambers. 1 . Where taken hy affidavit,'^ the affidavits in support, or in opposition, may be made and filed at any time after notice of motion served, petition filed, or summons issued, and before the hearing thereof. * See Appendix, Note 83, art. 3. f See Appendix, Note 84, except art. 4 thereof. % See Appendix, Note 85. § See Appendix, Note 86. II See Appendix, Note 87. 1[ Sec Appendix, Note 82. Evidence. 71 2. Where taken orally before an examiner* Any party in any cause or matter requiring the attend- Order 5 Feb. ance of any witness before an examiner, for the purpose ' of being examined, shall give to the opposite party notice of his intention to examine such witness, •!■ and at least 48 hours. 3. The cross-examination of any depone7it who has made an affidavit to be used on any motion, petition, or summons. i= procurable thus : — Tlie party desiring to cross-examine the depo- Order 5 Feb. nent upon his affidavit .shall not be obliged to > • • procure the attendance of such deponent for cross- examination, but (1) may serve upon the party by whom such affidavit Order 5 Feb. has been filed, or his solicitor, a notice, in ' ^' writing, requiring the production of .such deponent for cross-examination before the examiner; J such notice to be served after the filing of the affidavit, but within 14 days. § (2) and shall give to the opposite party notice of his Order .5 Feb. intention to cross-examine the deponent, || and at > "^^ • least 48 hours. (unless the Court shall dispense with such notice.) Section IV. — Evidence taken in a Cause subsequently to the Order 5 Feb. Hearing i86i,r.i5. shall continue to be taken according to the provisions of 1.0 & 16 Vic, caps. 80 & 86, subject, however, to special directions in any particular case — and evidence taken at the hearing may be used in any subsequent proceed- ing in the same cause. Section V.— In Suits to perpetuate Testimony order 5 Feb. 1861, I'. 16. Evidence shall continue to be taken according to the practice existing on the Sth February, 186] (that is, under the Act 15 & 16 Vic, cap. 86). * See Appendix, Note 83, art. 3. § See Appendix, Note 84, t See Appendix, Note 85. exeept art. 4 thereof. \ Sec Appendix, Note 83, art. 3. || See Appendix, Note 85. 72 Etibence— Exceptions. Section VI.— Where issue shall have been joined before the first day of Easter Term, 1861, Order 5 Feb. The evidence to be used at the hearing of the cause 1861, r. 17. gjjg^U ^g taken as mentioned in the preceding section — Section V. EXAMINATION Of witnesses — General practice as to. See Evidence. EXCEPTIONS Section I. — For insufficiency (in an Answer).* 1 . Filing the exceptions — (1) In ordinary cases (i.e. to required answers) — C. G. O. 16, The plaintiff may file such exceptions, after the '' ' filing of the answer, but within ... 6 weeks. C. G. O. 37, Otherwise such answer, on the expiration of the r. 13, art. 2. 6 weeks, shall be deemed sufiicient. (But the times of vacation are not to be reckoned.) C. G. O. 33, (2) To an answer filed to a bill amended, and to which r, 12, art. 3. ^jjg plaintiff lias not required an answer — Any special order for leave to except to such answer must be obtained after the filing of such answer, and within 14 days, (3) After the time limited by the General Orders has expired — C. G. 0. 16, no order shall be made for leave to file excep- r. 5. tions nunc pro tunc. (4) After replication filed — no exceptions for insufiiciency shall be taken to an answer. C G O 16 ^' Notice of filing the exceptions r. 3. shall be given on the same day on which the exceptions are filed, to the solicitor for the opposite party, or to the opposite party himself where he acts in person. 3. Submitting to the exceptions — C G. 0. 16, ^ defendant, desiring to prevent exceptions for insuf- '■• 8- ficiency being set down for hearing, may submit to them, but he must do so after the filing of the excep- tions, and within g davs * See Appendix, Note 90. C. G. O. 16, r. 7. r. 11. Exceptions. 73 4. Setting down the exceptions for hearing.* (1) Where the exceptions are to a first answer — the plaintiff shall not set them down hefore the C. G. O. 16, expiration of 8 days from the filing thereof (unless in a case of election he is required to set them down in 4 days, pursuant to C. G. 0. 42, r. 6.) But he shall set them down after the expiration C. G. 0. 16, of such 8 days from the filing thereof, and within '■ 1 14 days. Otherwise the answei", on the expiration of such 14 days, shall be deemed sufficient. (But the times of vacation are not to be C G. O. 37, reckoned, except in a case of election.) . > . . (2) Where a further (insufficient) answer has been put c. G. 0. 16, in— !•• 13. the plaintiff may set down the old exceptions after the filing of such further answer, but within 14 days. If not thus set down the answer shall, on tlie expiration of such 14 days, be deemed suffi- cient (But the times of vacation are not to be C. G. 0. 37, reckoned, except in a case of election.) ■'■ ^^' ^^^- ^" 5. Notice of setting down the exceptions C. G. O. 16, shall be given on the day on which the same shall be so set down, otherwise the exceptions shall be deemed not set down. And where, after a second or third answer is filed, C. G. O. 16, . r. 17. the plaintiff sets down the old exceptions, the parti- cular exception or exceptions to which he requires a further answer shall be stated in the notice of setting down such exceptions. Section II ^For Scandal. 1. Filing the exceptions — The rules of Court do not limit any time for this purpose. 2. Notice of filing the exceptions n r a shall be given on the same day on which the exceptions j. '3. ' are filed, to the solicitor for the opposite party, or to the opposite party himself where he acts in person. * See Appendix, Note 91. 10. r. 20. 74 Exceptions — Fees. 3. Setting down the exceptions for hearing — * C. G. 0. 16, "Where any person having filed exceptions for scandal does not set the same down for hearing after the filing thereof, and within 6 days, such exceptions shall be considered as abandoned, and the person filing such exceptions shall pay costs to the opposite party. C. G O. 37 (But the times of vacation are not to be reckoned.) r. 13, art. 2. 4, Notice of setting down the exceptions C. G. O. 16 shall be given on the day on which the same shall he r. 10. set down, otherwise the exceptions shall be deemed not set down. 5. Expunging the scandal — C. G. 0. 16, Upon production of an order allowing exceptions for r- 21. scandal, the officer having the custody of the pleading or other matter shall expunge therefrom such parts thereof as the Court shall have held to be scandalous. EXCHEQUER Records filed in the (Equity) Exchequer — Application for same. See Record, Art. 3. EXECUTION 1. Of Decrees and Orders. See Decree, Sec. I'll. 2. Writ of Execution — not now issuable. But for the rule more fully set forth. See Decree, Sec. IV., Art. 5. 3. Of process against a company — after the commencement of the winding up of the com- pany, under " The Companies Act, 1862," See Appendix, Note 24, Art. 7. EXPUNGING Scandal. See Exceptions, Sec. II., Art. 5. FEES Section I. — Fees of Court. 1. Regulation of fees of Court (incurred) before \st February, 1857. C. G. O. 39, The same shall be regulated in the same manner as >■• 1- „ they were regulated immediately before the Order of See also Pre- , •'„„,, _ ° ,_,^ ^ liminary Order, the 30th January, 1857, was made. "^^ ^' *'^'' ^' » See Appendix, Note 92. Fees. 75 2. Regulation of fees of Court (incurred) on and sub- sequently to \st February, 1857. The same shall be i-egulated by the regulations sub- C. G. 0. 39, joined to the Consolidated General Orders, and by '' ^' such other regulations as may from time to time be duly made in that behalf. 3. To be collected by stamps.* (1) By whom the stamps are to be provided. f The Commissioners of Inland Revenue shall '-'• ^- *-*• 39, r. 4. give the necessary directions for carrying this order into effect (i.e., for providing stamps as directed by the Act 15 8e 16 Vic, c. 87), and shall once in every month cause to be paid into the Bank, to the credit of " The Suitors' Fee Fund Account," such sums of money as may have been received by them for the stamps, after deducting costs, charges, and expenses incurred, and sums repaid on allowance of spoiled stamps — notice of such payment being given to the Accountant-General, who shall certify the amount to the Court. (2) Cancelling or defacing the stamps. Every oiBcer of the Court (other than a C. G. O. 39, solicitor, as such) who shall receive any docu- '• ^• ment to which a stamp shall be affixed, shall immediately cancel or deface the stamp thereon, by writing upon such stamp his name, or the initial letters of his name, in such a manner as to show clearly and distinctly that such stamp has been made use of — and no document shall be filed or delivered out until the stamp thereon shall have been so cancelled. Section II. — Solicitors' Fees. 1. Chargeable and allowable in respect of costs incurred before, and also on and subsequently to \st February, 1857. See Costs, Art.l. 2. In respect of the business of a pauper. See Pauper, Art. 1. * See Appendix, Note 93. t See Appendix, Note 94. 76 Fieri Facias — G-eneeal Orders. FIEEI FACIAS Writ of fieri facias — when issuable in the enforcement of a Decree or Order. See Decree, Sec. III., Art. 5 and 7. FILE OF PROCEEDINGS Under " The Companies Act, 1862." 1. Inspection and production thereof. See Companies Act, Sec. XII. 2. Deposit thereof upon completion of the proceedings. See Companies Act, Sec. XIII., Art. 6. FILING- PLEADINGS, &c. 1 . As to the official filing thereof. See Pleading. 2. For the times prescribed for filing pleadings and other proceedings — search under the name of the particular document in question. FUND 1. Apportionment of a fund — and certificate thereof by a chief clerk. See Appendix, Note 70, Art. 2. 2. Payment or transfer of funds — (1) To the legal personal representatives of a deceased person. See Representative, Art. 1. (2) Under the Trustee Relief Act. See Trustee Relief Act. FURTHER ACCOUNTS OR INQUIRIES As to the power of the Judge to order same. See Appendix, Note 62. FURTHER CONSIDERATION Setting down cause for further consideration. See Setting Down, Sec. I., Art. 5. GENERAL ORDERS C. G. O. Pre- i. The Consolidated General Orders— Y.g. ' came into operation " on the 15th day of February, 1860." 2. As to printing answers, and prescribing on what kind of paper documents to be filed as of record are to be prepared : — Order 6 March Dated 6th March, 1860 — in force from and after I860, r. 1. the 15th April, 1860. General Okdees. 77 3. Regulating proceedings under the 30th section of the Act, " To further amend the law of property and to relieve Trustees," 22 & 23 Vic. c. 35:— Dated 20th March, 1860 — in force from the same date. 4. Releasing the three remaining Masters in Ordinary (made in pursuance of the Act " To abolish the office of Master in Ordinary of the High Court of Chancery, &c.," 15 & 16 Vic. c. 80):— Dated 23rd August, 1860 — in force from the same date. 5. As to the investment of cash under the control of the Court (made in pursuance of the Act " To further amend the Law of Property," 23 & 24 Vic. c. 38) :— Dated 1st February, 1861 — in force from the same date. 6. As to evidence (made in pursuance of the Acts 15 & 16 Vic. c. 86, and 23 & 24 Vic. c. 128):— Dated 5th February, 1861 — came into operation on Order 5 Feb. the 1st day of Easter Term, 1861. ^^"' '■ ^^■ 7. Dispensing with the attendance of the Clerk of Records and Writs with the record of a Bill, which is to be taken pro confesso at the hearing: — Dated 13th July, 186) — in force from the same date. 8. As to the payment of dividends on Bank stock ; — Dated 16th August, 1861 — in force from the same date. 9. As to the deposit to be made where an oral examination of witnesses before one of the examiners of the Court is required (made in pursuance of the Act 15 85 16 Vic. c. 86) :— Dated 1st January, 1862 — came into operation on the 1st February, 1862. 10. Regulating the proceedings under a " Petition of Right " (made in pursuance of the Act " To amend the Law relating to Petitions of Right," &c., 23 & 24 Vic. c. 34):— Dated 1st February, 1862 — in force from the same date. 11. As to printing evidence (made in pursuance of the Act 15 & 16 Vic. c. 86):— Dated 16th May, 1862 — in force in causes where Order 16 May issue joined, or notice of motion for decree served, ^8^-> '"• ^• after the 18th June, 1862. 78 G-ENEKAL OeDEKS — GrUAEDIAN. 12. Regulating proceedings under "The Companies Act, 1862 " (made in pursuance of such Act, 25 & 26 Vic. c. 89):— Order 11 Nov. Dated 11th November, 1862 — came into operation 1862, r. 76. « On and after the 25th day of November, 1862." 13, As to the signing of Accountant-General's certificates (made " upon reading " an Act 12 Geo. I., intituled " An Act for better securing the monies and effects of the suitors of the Court of Chancery," &c.): — Dated 12th February, 1863 — in force from the same date. GUARDIAN Section I.-— Appointment of guardian for a defendant, an infant or a person of unsound mind, not found so by inquisition. 1. On the application by or on behalf of the party himself — (1) After service of a copy of a bill or summons : — Customary an appearance may first be entered, but no subse- practice. quent step can be taken on behalf of the infant, &c., until a guardian ad litem has been appointed. (2) After service of notice of decree : — C.G. 0. 7, At any time during the proceedings at chambers the Judge may require a guardian ad litem, to be ap- pointed for any infant or person of unsound mind not found so by inquisition. 2. On the application of the Plaintiff-— C. G. O. 7, Where, upon default made in not appearing to or not answering a bill (on behalf of an infant defendant, &c.), the Court may, upon the application of the plaintiff, order that one of the solicitors of the Court be assigned guardian of such defendant, by whom he may appear to and answer, or may appear to or answer the bill and defend the suit. C. G. O. 33, But no such order shall be made unless it appears, on the hearing of such application, that a copy of the bill was duly served, and that notice of such applica- tion was served* after the expiration of the time allowed for appearing to or for answering the bill, * See Appendix, Note 95. r. 7. r. 3 r. 3, GrTJAEDIAN — HEABINa. 79 and before the day in such notice named for hearing the application, at least 6 clear days. Section II — Swearing a guardian to a plea or answer on behalf of an infant. As to the production of the order appointing the guardian. See Answer, Sec. IV., Art. 2, HABEAS 1. To bring to the bar of the Court a Defendant in contempt for not answering — Within what time to be obtained and acted on. See Attachment, Art. 3 (2). See also Appendix, Note 145. 2. Return to be inserted. See Return, Art. 2. 3. When a new writ of Habeas may be sued out without a formal order — Where a party is brought up by any writ of habeas, C. G. 0. 30, and from any cause the hearing of the cause or ''• ^' matter is postponed to a future day, a new writ may be issued for such day, if the Court shall so direct,* without payment of any fee. HEARING Section I. — Of a Cause. 1 . Setting down cause for hearing. See Setting Down, Sec. I. 2. Application to the Court or Judge to fix a day for the hearing of a cause — Where the evidence is to be taken viva voce at the hearing. See Appendix, Note 84, Art. 4. 3. Attendance of solicitors upon the hearing of causes and matters — The solicitors shall attend in Court when causes and c. G. O. 21 matters are appointed to be heard, and during the '• ^^■ hearing thereof.f 4. Cause standing over for hearing. See Setting Down, Sec. I., Art. 8. * The Registrar's minute showing the Judge's direction should be indorsed upon the order under which the former writ was issued, f See Appendix, Note 96. 80 Hearing. C. G. O. 22, 5. Where an order is made that a Bill be taken pro covfesso '• ^" against a Defendant — the cause shall not be heard on the same day on -which the order is made, but shall be set down to be heard, and the Court may appoint a special day for the hearing thereof. C. G. 0. 23, 6. Where a Defendant, at the hearing, objects that a suit is ''■ ' '■ defective for want of parties — and has not by plea or answer taken the objection, and therein specified by name or description the parties to whom the objection applies, the Court may make a decree saving the rights of the absent parties. 7. Certain documents which may be read and used upon the hearing of a cause. C. G. O. 19, (1) The answer to a cross bill for discovery only, or to r. 6. interrogatories exhibited by a defendant for the examination of the plaintiff, may be read and used by the party filing such cross bill, or exhibiting such interrogatories, in the same manner and under the same restrictions as the. answer to a bill praying relief may be read and used. C. G O. 19, (2) Decrees in other Courts may be read upon the '"■ *■ hearing without an order. C. G. O. 19, (3) Depositions taken in any other Court shall not be ""■ used (at the hearing) unless by order. And where C. G. O. 19, such an order is obtained, the opposite party may '■ ■*■ likewise use the depositions, unless prohibited by 13 & 14 Vic. the same order from so doing. c. 315, s. 18. (4) ^ny documents referred to in a "special case," and any copies thereof, or extracts therefrom, identified by the signature of the solicitors for all parties, or of the London agents of such solicitors, may be pro- duced and read at the hearing of such case without further proof. Section II. — Of Proceedings in Chambers. For the course of procedure thereupon, See Decree, Sec. II. Section III Of an Appeal. For the course of procedure thereupon. See Appeal. HoLiDAT — In Foema Pauperis. 81 HOLIDAY Computation of time where a close holiday intervenes. See Computation, Sec. I., Art. 4. HOURS 1. Hours of the day within which proceedings not requiring personal service must be served. See Service, Art. 1. 2. Hours of attendance in tlie several offices of the Court. See Official Attendance. IMPERTINENCE Application for the costs of impertinent matter* introduced C. G. 0. 40, into any bill, answer, or other proceeding shall be made at '' the time when the Court disposes of the costs of the cause or matter, and not at any other time. INDORSEMENT 1. On a copy of a bill to be sealed for service — must be Customary tested as of the day on which the copy is so sealed, j practice. 2. On a copy of a decree or order to be served upon a person required to obey the same. See Memorandum, Art. 3. 3. On a notice of a decree or order to be served upon per- sons not originally made parties to the suit. See Me- morandum, Art. 2. 4. Of verdict on a record for trial. See Trial by Jury, Sec. IV., Art. 2. 5. Of a new time for attendance at chambers, upon a summons originating proceedings at chambers. See Appendix, Note 131, Art. 2. INFANT 1. Appointment of guardian ad litem on behalf of. See Guardian, Sec. I. 2. Swearing guardian to a plea or answer on behalf of. See Answer, Sec. IV., Art. 2. 3. Entering an appearance for, at the instance of the plain- tiff. See Guardian, Sec. I., Art. 2. IN FORMA PAUPERIS See Pauper. • See Appendix, Note 97. t Snch indorsement is in lieu of the subpoena to appear formerly issued. 82 Injcnction — Inkolment. INJUNCTION C. G. O. 25, 1. Injunction for stay of proceedings at law — shall not be granted as of course for default of appearance, or of answer to the bill. 2. Written bill for an injunction. See Written Bill. » 3. Motion for an injunction — Customary Before appearance entered, may be made exparte. If practice. ^jj notice, leave to serve notice is necessary.* After appearance entered, notice must be served. As to the extent of notice requisite. See Service, Art. 6 (1). 4. Affidavits upon which an injunction has been granted^ Within what time copies of such affidavits are to be delivered. See Copies, Art. 2 (2). INQUIRY 1 . Preliminary inquiry. See Preliminary Accounts, &c. 2. Prosecution of inquiry at chambers. See Decree, Sec. II. 3. Inquiry as to the truth of a plea of the dependency of a former suit for the same matter — within what time the certificate of the result of the inquiry is to be obtained. See Dismissal, Art. 3. 4. Writ of inquiry, returning, and filing, &c. See Trial by Jury, Sec. VI. INEOLMENT Section I. — Of a Decree or Order. 1. Contents of the docket. No part of the statements in any bUl, answer, petition, C G 23 notice of motion, affidavit, report, or certificate shall be r. 24, ' recited in the inrolment, but it shall be sufficient to state therein the filing of the bill or petition, or service of the notice of motion, with the names of the parties thereto, together with the prayer of the bill or petition, or the object of the notice, the filing of the several proceedings, and the short purport or effect of any decree or order made, had, put in, or taken before the date of the decree or order inrolled, and leading thereto. C.^G. O. 23, 2. Inspection of the docket. No decree or order shall be inrolled until the Clerk of * But not if the Bill has been served. See Appendix, Note 129 Art. 2. r, 24. Inkolment. 83 Records and Writs shall have inspected the docket, and certified thereon that the statement of the pleadings, &c., therein contained is correct. 3. Time within which the decree or order is to be inrolled. (1) As of course — • All decrees and orders in any cause or matter C. G. 0. 23, which shall be inrolled, shall be so inrolled ^' ^^' after the same shall be pronounced or made, but within 6 montlis. (and not afterwards without special leave of the Court.) (2) By special leave — after the expiration of six months, and within C. G. O. 23, 5 years.* '"• ^®- (3) Utmost limit of time, and enlargement thereof — No inrolment of any decree or order shall be C. G. 0. 23, allowed after the expiration (from the date ^- ^^' thereof) of 5 years. (But the Lord Chancellor, or the Lords Justices, may, on motion and notice to all parties, if expedient, enlarge that period.) 4. Completing the inrolment. As soon as the docket of a deci'ee or order is signed C. G. 0. 23, by the Lord Chancellorf for inrolment, the party ^' ^^• inroUing such decree or order shall forthwith have the same ingrossed in proper form, if and carry the same (both the docket and the ingrossment) to the Public Eecord Office, Eolls Yard. 5. Reversal of a decree after inrolment thereof. No decree which has been signed and inrolled shall be C. G. 0. 31, reversed, altered, or explained but upon bill of review. ^' ®" See also Bill, Art. 11. 6. Entering and prosecuting caveat against the inrolment of a decree or order. See Caveat. Section II. — Of a Eecognizance. For the course of procedure thereupon, See Recognizance. * See Appendix, Kote 98. % See Appendix, Note 100. f See Appendix, Note 99. a 2 84 Insolvent — Interest. INSOLVENT When an insolvent contributory is to be deemed a bankrupt for the purpose of proceedings under " The Companies Act, 1862." See Appendix, Note 33, Art. 2. INSPECTION 1. Of indexes and books kept in the Report Office. — C. G. O. 1, All documents filed there, and the books kept there, rr. 46 and 47. shall, at all times during office hours, be accessible to the public (for inspection) on payment of the usual fee. 2. Of the entries of orders of course — (drawn up on petitions of course at the Eolls). — C. G. 0. 23, Such entries shall be accessible to the suitors and their solicitors (for inspection) during office hours, without payment of any fee. 3. Of bills of costs. See Costs, Art. 2. 4. Of register and file of proceedings, under " The Com- panies Act, 1862." See Companies Act, Sec. XII. INSUFFICIENCY Exceptions to answer for insufficiency. See Exceptions, Sec. I. INTEREST 1. Computation of interest. (1) Ow Debts. C. G. 0. 42, Where a decree or order directs an account of '^' ' debts of a deceased person, unless otherwise ordered, interest shall be computed on such debts, as to such as carry interest after the rate they carry, as to all others at 4 per cent, per annum from the date of the decree or order.* (2) On Legacies. C. G. O. 42, Where a decree or order directs an account of legacies, interest shall be computed on such legacies at 4 per cent, per annum, from the end of one year after the testator's death; (unless otherwise ordered, or unless any other time of payment or rate of interest is directed by the will, and in that case according to the will.) * See Appendix, Note 101. Interest — Inteeeo&atokies. 85 (3) On debts, proved in proceedings under " The Com- panies Act, 1862." See Appendix, Note 32, Art. 2. 2. Investment of Interest. (1) When to be made by the Accountant-General. See Investment, Art. 2. (2) Under the Trustee Relief Act. I See Trustee Relief Act. 3. Payment of Interest — (1) to the legal personal representatives of a deceased person. See Representative, Art. 1. (2) Under the Trustee Relief Act. See Trustee Relief Act, Art. 3. INTERLOCUTORY APPLICATIONS Evidence to be used on the hearing of. See Evidence, Sec. III. INTERROGATORIES Section I. — For the examination of a Defendant in answer to a BiU.* 1. Filing the Interrogatories. Where the plaintiff requires an answer to a bill from C. G. O. 11, any defendant, the interrogatories for the examination ^' ^' of such defendant shall be filed within the following time after the time limited for the appearance of such defendant, viz 8 days.f (Afterwards only by special leave, to be applied for C. G. O. 11, upon notice of motion, or by summons.) ""• ^" 2. Delivery or service of a copy of the Interrogatories. (1) Where a defendant required to answer shall appear c. G. O. 11, in person, or by his own solicitor, within the "^^ ^■ time limited, the plaintiff shall deliver to the defendant or his solicitor a copy of the interroga- tories, or of such of them as the defendant shall be required to answer, within the following time after the time allowed for such appearance, viz., 8 days.| * See Appendix, Note 102. f i.e. within 16 days after service of a copy of the bill. { i.e. within 16 days after service of a copy of the bill. See also Appendix, Note 103. 86 iNTEEKOGATOErES INVESTMENT. C. G. O. 11, (2) Where a defendant does not appear 'in person, or '• ^' by his own solicitor, within the time limited, and the plaintiff files interrogatories for his examina- tion, the plaintiff may deliver a copy of such in- terrogatories to such defendant at any time after the time allowed to such defendant to appear, and before appearance in person or by his solicitor — or the copy may be delivered to the defendant or his solicitor after such appearance, but within 8 days. Section II. — For the examination of a Plaintiff. 1. Filing the Interrogatories. 15 & 16 Vic. Such interrogatories may be filed in any suit com- c. 86, B. 19. menced by bill — but in any suit commenced by bill which the defendant is required to answer, not until after he shall have put in a sufficient answer.* 2. Delivery or service of a copy of the Interrogatories. 15 & 16 Vic. A copy may be delivered to the plaintiff or his solicitor *^' '^' ' — but the Act dpes not limit any time for that purpose. Section III.— To a Petition of Eight. Filing and service thereof. See Petition, Sec. I , Art. 4. INTERVAL Of the sittings of the Court. 1. Applications for special orders during such interval. See Order, Art. 28 (1). 2. Signing and adopting a chief clerk's certificate during such interval. See Appendix, Note 70, Art. 1. INVESTMENT 1. Of Cash tinder the control of the Court. , Cash under the control of the Court may (from and 1861, r. 1. ^f*sr ^^^ "i^t^ of tliis order, See 23- & 24 Vic, c. 38, s. 11) be invested in Bank Stock, East India Stock, Exchequer Bills, and £2 10s. per Cent. Bank Annuities, and upon mortgage of freehold and copyhold estates respectively in England and Wales ; as well as in Con- solidated £3 per Cent. Annuities, Eeduced £Z per Cent. Annuities, and New £3 per. Cent. Annuities. Order 1 Feb. Every petition for the conversion of any £3 per 1861, r. 2. J tr- * See Appendix, Note 104. Investment — Judge. > 87 Cent. Annuities into any other of the stocks, &c. before mentioned, shall be served upon the trustees (if any) of such £3 per Cent. Annuities, and upon such other persons as the Court shall think fit. 2. Of interest and dividends upon Cash, S^c. under the control of the Court. Interest and dividends accruing upon any stocks, C. G. 1, rr. funds, shares, or securities, standing in the name of ^^' ^^' ^^^ ^^" the Accountant-G-eneral, may from time to time, and without any formal request, be laid out by him in the purchase of like stock, &c. as soon as conveniently may be after the same shall accrue due and have been received. 3. Of funds, S^e. under the Trustee Relief Act. See Trustee Relief Act. ISSUES Obtaining an order to prove issues viva voce at the hearing. See Evidence, Sec. I., Art. 1. JUDICIAL OPINION Application for, hy petition, or by summons, upon a written statement * — (under 22 and 23 Vic. c. 35, s. 30.) Every such petition or summons shall be served before Order20March the hearing 7 clear days. ^^^°' ""■ ^■ . (unless the person served shall consent to a shorter time.) JUDGE 1 . Signing and adoption by a Judge of a chief clerk's cer- tificate, &c. See Decree, Sec. II., Art. 7 (3). 2. Power of the Judge to enlarge or abridge the times of procedure. See Time, Art. 1. 3. Issuing summonses by the Judge during vacations. See Summons, Sec. II., Art. 1. 4. Marking a cause for a Judge, where the cause was com- menced before 20th May, 1837, or 11th November, 1841. See Appendix, Note 149. 5. Attendance in the chambers of the Judges. See Official Attendance, Art. 1. * See Appendix, Note 105. 88 * JuDaiiENT — -Leases. JUDGMENT 1. Delivery of, by a Lord Chancellor, after having resigned the Great Seal. See Delivery, Art. 7. 2. Registration of decree or order as a judgment. See Appendix, Note 150. JURY Trial by. jury : — For the course of procedure thereupon,; See Trial by Jury. LEASES AND SALES OF SETTLED ESTATES ACT.* Application (by Petition) to the Coukt undeb the . AcT.f 1. Notice of the application. C. 6. 0. 41, After any .such petition has been presented, appli- '' ^®' cation may be made, exparte, to the Judge in chambers, for directions in what newspapers the notices required by the Act are to be inserted.^ 2. Setting down the petition for hearing. C. G. 0. 41, No petition under the Act shall be set down for '^^ ■ hearing until after the publication of the last of the advertisements, and the expiration therefrom of 21 day?. 3. Leave to be heard in opposition to, or in support of, the application. (1) Obtaining order : — C. G. 0. 41, Motion maybe maHe, exparte, after the publi- '• ^^* cation of the advertisement last inserted, but within 7 cleax days. (and not later, except by special leave.) (2) Serving the order : — C. G. 0. 41, Every order made on any such motion must be served on the petitioner after the making thereof, but within 4 days. (3) Request for a copy of the petition : — ^"i?" ^' *^' shall, at the time of serving such order, be made, in writing, to the petitioner, with an * See Appendix, Note 106. % See Appendix, Note 108. t See Appendix, Note 107. Leases — List. 89 undertaking to pay all proper charges for the same. (4) Delivery of and payment for a copy of the petition. The copy shall be ready to be delivered, and C. G. 0. 41, shall be delivered on demand, and on payment ^' for the same after the rate of 4d. per folio, after application for the sa,me, and within 2 clear days. LEGACIES Computation of interest on legacies. See Interest, Art. 1 (2). LEGACY DUTY Payable on any fund in Court. To provide security against payment or transfer by the C. G. 0. 23, Accountant-General of any fund chargeable with any such ^' duty, without the duty being first paid, the Accountant- General, on receiving notice from the proper officer that the duty is payable, shall cause a memorandum to be made in his books in conformity with such notice — and, before executing any decree or order directing payment or transfer of any such fund, shall require production of the official receipt for the duty, or a certificate from the proper officer of the payment of the duty chargeable in respect of any such fund. LEGAL PERSONAL REPRESENTATIVE See Representative. LETTERS OF ADMINISTRATION Within what time letters of administration must have been granted, where the legal personal representatives of a de- ceased person claim to be entitled to receive money, &o. decreed or ordered to be paid, &c. to such deceased person. See Representative, Art. 1 (5). LIST 1. Of affidavits : — to be furnished when the affidavits are to be used in support of, or in opposition to, a motion for decree. See Evidence, Sec. II. 2. Of claims allowed : — to be made out when required by the Judge. See Appendix, Note 68. 3. Of matters to be heard in chambers : — as appointed for C. G. 0. 35, each day shall be made out, and affixed outside the ^' ' 90 List — Member of Paeliament. doors of the chambers of. the respective Judges — and, subject to special direction, such matters shall be heard in the order in which they appear in such lists. 4. Of contributories,— under « The Companies Act, 1862," — when to be made out, settled, and result of settle- ment to be certified. See Companies Act, Sec. V., Art. 1, 2 and 3. LORD CHANCELLOR Delivery of judgment by, after having resigned the Great Seal. See Delivery, Art. 7. LONG VACATION Computation of time, where the period allowed in certain cases expires in the Long Vacation. See Computation, Sec.I., Art. 7. MARRIED WOMAN 1. Time for filing answer by a married woman — upon ob- taining an order for leave to answer separate from her husband. See Answer, " othek cases," Art. 6. 2. Payment of money, &c. to a woman and her husband, where the woman has married subsequently to the date of the order directing payment, &c. See Unmarried Woman. MARKING Marking a cause for a Judge : — where the cause commenced before 20th May, 1837, or 11th November, 1841. See Ap- pendix, Note 149. MASTER IN ORDINARY Release of the three remaining Masters. See Release, Art. 2. MEETINGS Of creditors and contributories, in proceedings under " Tlie Companies Act, 1862" — when notice thereof to be given. See Companies Act, Sec. VI. MEMBER OF PARLIAMENT Enforcement of a decree or order against. See Decree, Sec. III., Art. 9. Memorandum. 91 MEMORANDUM 1. Of service of a copy of a bill on a Defendant who, upon such service, is to be bound by the proceedings in the cause. Where a plaintiff thus serves a defendant, he shall C. G. O 10, cause a memorandum of such service, and of the time when such service was made, to be entered in the Record and Writ Clerks' Office — first obtaining an order for leave to make such entry, which shall be obtained upon motion, without notice, the Court being satisfied of a copy of the bill having been served, and of the time when the service was made. 2. Of service of notice of a decree or order, (1) The form of indorsement to be made on the notice served shall be to the effect following : — " Take notice that, from the time of the service C. G. O. 23, of this notice, you [or, as the case may be, the ''• ^''• infant or person of unsound mind] will be bound by the proceedings in the above cause in the same manner as if you [or the said infant, or person of unsound mind] had been originally made a party to the suit ; and that you [or the said infant, or person of unsound mind] may, by an order of course, have liberty to attend the proceedings under the within-mentioned decree [or order] ; and that you [or the said infant, or person of unsound mind] may, within one month after the ser- vice of this notice, apply to the Court to add to the decree [or order]." (2) The entry of a memorandum of tlie service shall be C. G. O. 23, made in the office of the Clerks of Records and '• Writs, upon due proof by affidavit of such service. (No period of time is prescribed within which such entry shall be made, but it is usually made, and a certificate thereof taken, after all necessary parties have been served, and before the accounts and inquiries are proceeded with.) 3. To be indorsed on the copy of a decree or order — {when served upon a person required to obey the same) — shall be to the effect following : — " If you, the within-named A B, neglect to obey this C. G. 0. 23, decree [or order] by the time therein limited, you '^' '"• 92 Memorandum — Months. will be liable to be arrested under a -writ of attachment issued out of the High Court of Chancery, or by the Serjeant-at-Arms attending the same Court, and also be liable to have your estate sequestered, for the purpose of coippelling you to obey the same decree [or order]. 4. To be written at the foot of every affidavit filed — at the time of filing the same. See Appendix, Note 82. MESSENGER Against a Dependant. 1. For not appearing. C. G. O. 10, No order shall be made for a Messenger to take the >■• '0- body of the defendant, for the purpose of compelling him to appear to the bill. 2. For not answering. Within what time a defendant in tlie custody of the Messenger should be brought to the bar of the Court. See Attachment, Art. 3 (2). MONDAY In Easter week — when not to be excluded in the computa- tion of time. See Computation, Sec. I., Art. 3. MONEY. 1. Enforcing payment of money under a decree or order. See Decree, Sec. III. 2. Payment out of Court of money. — (1) To women who marry after the order for pay- ment has been made. See Unmarried Woman. (2) To the legal personal representatives of a deceased person. See Representative, Art. 1. 3. Payment into Court of money. — (1) By a trustee (under « The Trustee Relief Act"). See Trustee Relief Act, Art. 1 and 2. (2) By an official liquidator, in proceedings under " The Companies Act, 1862." See Companies Act, Sec. X., Art 1. MONTHS Computation of time limited by months. See Computation, Sec. I." Art. 2. Motion. 93 MOTION Section I. — Motion for a Decree. 1. Service of the notice of motion. The plaintiff in any suit by bill, may, at any time after 15 & 15 Vic. the time allowed for answering shall have expired, (but '^- *^' ^' ^^• before replication), move the Court for such decree or decretal order as he may think himself entitled to. (And if such motion be made after an answer filed, such answer shall, for the purposes of the motion, be treated as an affidavit.) 2. Extent of the notice. The notice of motion for a decree or decretal order C. G. O. 33, given by the plaintiff (under 15 & 16 Vic, c. 86, s. 15) ^- *' shall be 1 montH. 3. As to the evidence to be used on the hearing of such motion. See Evidence, Sec. II. 4. As to setting down a cause on motion for decree. See Setting Down, Sec. I., Art. 4. Section II To dismiss a Bill, for want of prosecution. Any defendant may, upon notice, move the Court that the bill may be dismissed with costs, for want of pro- secution, and the Court may order accordingly. — 1. Where an answer has been required to an original or an amended bill — Where the plaintiff, having obtained no order to C. G. O. 33, enlarge the time, does not file the replication, or set '" ' down the cause to be heard on bill and answer, or set down a motion for a decree or decretal order, or obtain and serve an order for leave to amend the bill,* after the answer, or the last of the answers required to be put in by such defendant is held or deemed to be sufficient, or after the filing of a traversing note, and within 4 weeks. (Exclusive of vacations.)f 2. Where the plaintiff, after answer, amends his bill without requiring an answer to the amendments — and having obtained no order to enlarge the time, does not file the replication, or set down the cause to * See Appendix, Note 2. f See Appendix, Note 109. 94 Motion. be heard on bill and answer, or set down a motion for a decree or decretal order within the times following, Tiz : — C. G. 0. 33, (1) Where the defendant does not desire to answer ■■• '^' *"■ '• the amendments — after the expiration of the time ' within which such defendant might have put in an answer,* and within 1 week. (Exclusive of vacations.)! C. G. O. 33, (2) Where the defendant, desiring to answer, has ' ■ " not put in his answer within the time allowed for that purpose, * and the Judge has refused further time — ■ after the refusal to allow further time, and within 14 days, (Exclusive of vacations.)! O. G. O. 33, ^3) Where the defendant has put in an answer to ' ' * the amendments — after the filing of the answer, and within 14 days.f (unless the plaintiflf" has, within such 14 days, obtained a special order for leave to except to such answer, or to re-amend the biU) (and exclusive of vacations. )■!■ C. G. O. 93, 3. Where the plaintiff', having undertaken to reply to a plea "■ 10. ^'- 2 to the whole bill— does not file his replication, after the date of his undertaking, and within 4 weeks. C. G. 0. 14, (In the above case, the plaintiff shall not, without special leave, take any proceeding against the defendant by whom the plea was filed till after replication.) C. G. O. 33, 4. Where the plaintiff (after filing replication) does not set Also cfcf O ^"'"'^ '^^ ""^^^ ^ *^ heard, and obtain and serve % a 21, r. 1. subpoena to hear judgment — after the evidence has closed, and within . 4 weeks. (As to the times of vacation in such case. See Computation, Sec. I., Art. 7). * See Appendix, Note 5. J See Appendix, Kote 135. t See Appendix, Note 109 Motion. 95 5. Where a defendant has not been required to answer the C. G. O. 33, bill, and has not answered the same — at any time from the time of his appearance, and after the expiration therefrom of . . .3 months.* (unless a motion for a decree or decretal order shall have been set down in the meantime, or the cause shall have been set down to be heard — and the Court may, upon such application, make an order dismissing the Bill, or such other order, or impose such terms as may appear just and reasonable.) Section III. — DEotionsI for other purposes. 1. For the appointment of a guardian (for a defendant, an infant or a person of unsound mind). See Guardian, Sec. I., Art. 1 and 2. 2. • For leave to serve copy bill, &c. upon a defendant out of the jurisdiction. See Order, Art. 1. 3. *For an order for leave to enter an appearance for the defendant (in the last preceding case). See Order, Art. 2. 4. *For an order for an absconding defendant to appear. See Order, Art. 3. 5. *For an order for leave to enter an appearance for the defendant (in the last preceding case). See Order, Art. 4. 6. For the discharge of a defendant in custody for want of his answer. See Discharge, Art. 1. 7. * For an order for inquiry as to the truth of a plea of the dependency of a former suit for the same matter. See Dismissal, Art, 3. 8. * For an order requiring a plaintiff to elect whether he will proceed in equity or at law. See Election, Art. 1, 2 and 3. 9. For an order to take a biU pro confesso. See Pro Confesso. 10. *For an order to make absolute a decree founded on a bill taken pro confesso. See Pro Confesso, Sec. IV., Art. 2. 11. *For leave to serve (after the ordinary time has elapsed) * As to the times of vacation in such case, see Note 109. + Those marked with an asterisk, thus *, are motions of course. The others are to be made on notice. r. 13. 96 Motion — Ne ExeIt Ebgno. a copy of a bill upon a defendant who, upon such ser- vice, is to be bound by the proceedings in the cause. See Service, Art. 2 (3). 12. *ror leave to enter a memorandum of such service ^^the service referred to in the preceding Article, 11). See Memorandum, Art. I. 13. *For an order for the sheriff or coroner to summon a common or special jury. See Trial by Jury, Sec. II. 14. For an order to take preliminary accounts and inquiries. See Preliminary Accounts, &c. 15. To discharge or vary a chief clerk's certificate. See Decree, Sec. II., Art. 7 (5). 16. For an order directing a legal personal representative to revive a suit abated by the death of a sole plaintiff. See Dismissal, Art. 5. 17. *For an order to take an account of the debts, &c. of a deceased person, See Order, Art. 23. 18. * Under the Leases and Sales of Settled Estates Act, — for leave to be heard in opposition to, or in support of an application to the Court thereunder. See Leases and Sales, &c. Art. 3. 19. For the correction of a clerical mistake, &c. in a decree or order. See Clerical Mistakes. 20. For an order for leave to inrol a decree or order. See Inrolment, Sec. I., Art. 3 (2) and (3). 21. For an order to review taxation of costs. See Costs, Art. 3 (2). 22. For an injunction. See Injunction, Art. 3.^ 23. For leave to inrol a recognizance. See Recognizance, Art. 1. NE EXEAT REGNO 1. Written bill, for a writ of ne exeat regno. See Written Bill. 2. Affidavits upon which such a writ may have been granted — delivery of copies thereof. See Copies, Art. 2 (2). New Trial — Notice. 97 NEW TRIAL 1. Of any issue or question of fact directed to be tried at law — Every application for the new trial of any such issue, C. G. 0. 6, &c. shall be first made to the Judge who directed such '" ' ' issue or question of fact to be so tried. 2. Of any issue, or question of fact, to be tried before the Court itself by a jury — See Trial by Jury, Sec. V. NEXT FRIEND Authority to use the name of a person as next friend of an infant, &c. See Authority. NEXT OF KIN See Claimants. NOTE Authorising the issuing of a subpoena — 1. Of a subpcEna to hear judgment. See Subpoena, Art. 3 (1). 2. Of a subpoena ad test — (1) For attendance of a witness in chambers. (2) For attendance of a witness in Court. See Subpoena, Art. 4 (2) and (3). NOTICE 1. Of a motion. (1) Service of the notice. See Service, Art. 6(1). (2) Purposes for which notices of motion may be given(under the General Orders). (See Motion. 2. Of the entry of an appearance. See Appearance, Sec. VIII., Art. 1. 3. Of the filing of a plea. Se". Plea, Sec. II. 4. Of undertaking to reply to a plea. See Plea, Sec. III. 5. Of the filing of an answer. See Answer, Sec. IV., Art 4. 6. Of the filing of a demurrer. See Demurrer, Sec. II. 7. Of the filing of a replication. See Replication, Art. 2. 8. Of application by plaintiff for the appointment of a 98 Notice. guardian for a defendant, an infant or a person of unsound mind. See Guardian, Sec. 1, Art. 2. 9. Of the filing and setting down of exceptions to an answer for insufficiency. See Exceptions, Sec. I., Art. 2 and 5. 10. In a case of election, requiring plaintiff to set down exceptions for insufficiency within a limited time. See Election, Art. 2. 11. Of the filing and setting down of exceptions for scandal. See Exceptions, Sec. II., Art. 2 and 4. 12. Of application for the discharge of a pauper, in custody for a contempt. See Pauper, Art. 3. 13. Of the filing of an affidavit. See Affidavit, Sec. V. 14. Of intention to use an affidavit — (1) at the hearing — Where the affidavit was made or filed before issue joined. See Evidence, Sec. I., Art. 4. Where a notice of motion for a decree has been served. See Evidence, Sec. II. (2) In chambers. /See Affidavit, Sec. VII., Art. 1. 1 5. To produce a deponent or witness for cross-exami- nation, and 16. Of intention to cross-examine a deponent or witness — (1) Where issue has been joined. See Evidence, Sec. I., Art. 6 (1) and (2.) (2) Where a notice of motion for a decree has been served. See Evidence, Sec. II., Art. 4 (1) and (2.) (3) Where the evidence is to be used on other applications before the Court. See Evidence, Sec. III., Art. 3 (1) and (2.) 17. Of a decree or order. See Service, Art. 6 (5) ; also Memorandum, Art. 2. 18. To be served with the office copy of a decree, founded on a bill taken pro confesso. See Pro Confesso, Sec. III. 19. A s to claimants coming in pursuant to advertisement. (1) By claimants — of entry of claims. iSee Decree, Sec. II., Art. 5. (2) To claimants — who claim debts not exceed- ing £5. See Appendix, Note 68. Notice — Office Copies. 99 20. Of cause being set down for further consideration. See Setting Down, Sec. I., Art. 5 (4). 21. Not to permit transfer of stock, &c. See Distringas, Sec. IV., Art. 2. 22. Under the Trustee Relief Act — (1) By a trustee — of payment in of money, &c. See Trustee Eelief Act, Art. 2. (2) By other persons interested — of application for payment out of money, &c. See Trustee Eelief Act, Art. 4. 23. Under the Leases and Sales of Settled Estates Act — Of applicf^tidn to the Court thereunder, service of, &c. See Leases and Sales, &c., Art. I ; also Appendix, Note 108. 24. Under "The Companies Act, 1862"— (1) To creditors, to come in and prove their debts. See Companies Act, Sec. IV., Art. 3. (2) Of meetings of creditors or contributories. See Companies Act, Sec. VI. (3) Of appointment to settle list of contributories. See Companies Act, Sec. V., Art. 2 (2). (4) Of allowance of debts. See Companies Act, Sec. IV., Art. 4. (5) Of appeal from an order or decision under the Act. See Appeal, Sec. ITT. 2.5. Of having brought into the Taxing Master's office a bill of costs. See Costs, Art. 2. 26. To be inserted in the " London Gazette," with a copy of an order directing an absconding defendant to appear. See Order, Art. 3 (2) ; also Appendix, Note 110. OBJECTION 1. For want of parties. See Hearing, Art. 6. 2. To a deed directed to be settled by the Judge in chambers. See Decree, Sec. II., Art. 3 (2). 3. To the allowance or disallowance (on taxation) of items in bills of costs. See Costs, Art. 3. OFFICE COPIES 1. Of documents generally. See Copies, Art. 1 ; also Appendix, Note 49. 2. Of printed evidence. See Appendix, Note 88. H 2 100 Official Attendance. OFFICIAL ATTENDANCE 1. In the Judges Chambers. 15 & 16 Vic (1) The Judges shall sit at chambers at such times as '^' ' ^' shall be fixed by them respectively. (2) The chief clerks and junior clerks shall attend during such times, and for such hours each day, as the Judge shall from time to time direct. 15 & 16 Vic. (The times and hours of attendance adopted in c. 80. s. 23.. Chambers, are similar to those observed in the Taxing Masters' offices. See Art. 3.) The several offices of the Court shall be open — 2. The Accountant- General's offices — C. G. O. 5, on every day of the year except Sundays, Good rr. 1 and 2. Friday, Monday and Tuesday in Easter week, Christmas-day,* and all days appointed by proclama- tion to be observed as days of general fast, humilia- tion, or thanksgiving, and except during vacations-! Hours of attendance 9 to 3 and 4 to 6 For the delivery of drafts . . . . 1 1 to 3 3. The Taxing Masters' offices — C. G. O. 5, rr. The same as in the Accountant-General's offices, 1, 2, 3, and 6. except that " the office of the Vacation Taxing Master shall be open during the vacations on every day ex- cept the days specified in C. G. O. 5, r. 1 (for such days see the preceding Article, 2). f Hours of attendance — 1 . During vacations 1 1 to 1 2. At other times 10 to 4 4. The Registrars' office — C. G. 0. 5, Oil every day of the year except the days specified in !■• 1- C. G. 0. 5, r. 1 (for such days see the preceding Article, 2). Hours of attendance — 1. During vacations 11 to 1 2. At other times 11 to 3 (1) For general business . . 11 to 3 * See Appendix, Note 142. f For the official vacations, see Vacations. f The office of the Vacation Taxing Master is not open, during vaca- tions, on Saturdays or Mondays. Official Attendance — Order. 101 (2) For inspection of cause books and cause papers . 9 to 3 and 4 to 6 5. Tlie Record and Writ Clerks' office — The same as in the Registrars' office (see the pre- C. G. 0. 5, ceding Article, 4). ''• ^' Hours of attendance — 1. During vacations 11 to 1 2. At other times 10 to 4 6. The Report office — The same as in the Record and Writ Clerks' office ^- ^- O- 5, r 1 (see the preceding Article, 5). 7. The Lord Chancellor's Secretary's office — and The offices of the Secretaries of the Master of the Rolls — are open at such times as such Judges respectively fix. The days of attendance are similar to those ob- served in the Registrars' office— see the preceeding Article, 4. Hours of attendance — During vacations . . . . 11 to 1 At other times 11 to 3 OFFICIAL LIQUIDATOR Appointment and duties of, &c., under " The Companies Act, 1862." See Companies Act, Sec. III. OPINION Of a Judge — J. Taking opinion of, on proceedings concluded before a Chief Clerk. See Decree, Sec. IL, Art. 7 (2). 2. Application by a trustee, &c., for a "judicial opinion," &c. See Judicial Opinion. ORDER.* 1. For service of copy bill and interrogatories on a defendant out of the jurisdiction of the Court. The Court, upon such evidence as shall satisfy the C. G. O. 10, Court in what place such defendant is or may be found, '^' ' "''' '" may order that a copy of the bill, and, if an answer is required, a copy of the interrogatories, may be served on such defendant. * An order is "made " when pronounced. See Appendix, Note 25. 102 Oedee. C. G. 0. 10, Such order shall limit a time after such service 1.7, art. 2. within which such defendant is to appear — such time to depend on the place where the copy of the bill is to be served, and also, where an answer is required, a time within which such defendant shall plead, answer, or demur, or obtain further time to make his defence. C. G, 0. 10, At the time when such copy of the bill shall be '^' '' "' ■ ■ served, such defendant shall be served with a copy of the order giving the plaintiff leave to serve such copy of the bill. 2. For the entry of an appearance {by the plaintiff) for a defendant who has been thus served out of the jurisdiction. C. G. 0. 10, jf^ upon the espiration of the time for appearing, it be ' ' ■ " shown to the Court that the defendant was duly served witli copies of the bill and order, the Court may, upon the application of the plaintiiT, order an appearance to be entered for such defendant. 3. For an absconding defendant to appear to a bill.. (1) Obtaining the order — C. G. 0. 10, Where the Court is satisfied by evidence that any defendant has been within the jurisdiction at some time not more than two years before the bill was filed, and is beyond the seas, or that upon inquiry at the place where, at the time when the bill was filed, he might probably have been met with, he could not be found so as to be served with a copy of the bill, and that there is just ground to believe that he has absconded to avoid service, the Court may order that such defendant do appear at a certain day to be named in the order. (2) Inserting a copy thereof in the " London Gazette" — C. G. 0. 10, A copy of such order, with a notice to the effect set forth at the end of this rule,* may be in- serted in the "London Gazette,'' after such order made, and within . ; . . . 14 days. (and otherwise published as the Court shall direct.) " Sec Appendix, Note 110. 6. Order. ] 03 4. For the entry of an appearance {hy the plaintiff ^ for an absconding defendant. Where sucli defendant does not appear within the time C. G. O. lo, limited (by the order), or within such further time as ^' ' the Court may appoint, there, on proof of (due) pub- lication of the said order, the Court may order an appearance to be entered for the defendant, on the application of the plaintiif. 5. Appointing a guardian for a defendant an infant or a person of unsound mind, not found so by inquisition. See Guardian, Sec. I. ; also Appendix, Note 95. 6. For leave to file exceptions nunc pro tunc— No such order shall be made. C. G. O. 16, 7. Requiring a plaintiff to elect to proceed in equity or at law. See Election. 8. For inquiry as to the truth of a plea of the dependency of a former suit for the same matter. See Dismissal, Art. 3. 9. To prove facts or issues viva voce at the hearing. See Evidence, Sec. I., Art. 1. 10. For the sheriff or coroner to summon a common or special jury. See Trial by Jury, Sec. II. 11. For a "view" by a jury. /See Appendix, Note 139, Art. 6. 12. To amend a bill. See Amendment. 13. To dismiss a bill— (1) For want of prosecution. See Motion, Sec. II. (2) In other cases. See Dismissal, Art. 2, 3, 4, and 5. 14. For leave to enter a memorandum of the service of a copy of a bill on a defendant who, upon such service, is to be bound by the proceedings in the cause. See Memorandum, Art. 1. 15. For the production of documents. See Production, Art. 1. 16. To take a biU^ro confesso. See Pro Confesso, Sec. I. 17. To take a petition of right as confessed. See Petition, Sec. I., Art. 6. 18. To take preliminary accounts, or to make preliminary inquiries. See Preliminary Accounts, &c. 19. To read upon the hearing depositions taken in other Courts. See Hearing, Sec, I., Art. 7 (3). 15 & 16 Vio. c 86, s. 52. 104 OllDEE. 20. To revive a suit, cr to carry on the proceedings.* (1) Obtaining the order (under 15 h 16 Vic, cap. 86, sec. 52)— Upon any suit becoming abated by death, mar- riage, or otherwise, or defective by change or transmission of interest or liability, it shall not be necessary to exhibit any bill of revivor or supplemental bill, but an order to the effect of an order to revive, or of the usual supplemental de- cree, may be obtained as of course upon an alle- gation of the abatement, &c. (2) When order binding — 15 & 16 Vic. ^jj order so obtained, vrhen served upon the parties ' " ' who, according to the practice of the Court, would be defendants to a bill of revivor or supplemental bill, shall, from the time of such service, be binding on such parties, who shall thenceforth become parties to the suit, and shall be bound to enter an appearance thereto,f within such time as if they had been served with process to appear to a bill of revivor or supplemental bill. (3) Application to discharge the order may be made — C. G. 0. 32, Any person under no disability, or under the dis- '■• 1- ability of coverture only, served with such an order, may apply to the Court to discharge such order, after such service, but within . 12 days. C. G. 0. 32, And any person under any disability (other than coverture) so served, may so apply to the Court after the appointment of a guardian ad litem for such person, but within 12 days. (and until such 12 daj's shall have expired, such order shall have no force against such last- mentioned person.) 21. For leave to inrol a decree or order. See Inrolment, Sec. I., Art. 3 (2) and (3). 22. For the conversion of jS3 per Cent. Annuities into other stocks, &c. See Investment, Art. 1. 23. To take an account of the debts and liabilities of a de- ceased person.\ 23 & 24 Vic. Such order may be made immediately, or at any c. 38, s. 14. ' See Appendix, Note 112. f See Appendix, Note 1 13. % Obtainable by an executor, &c., under 13 & 14 Vic, c. 35, s. 19. r. I Oedee. 105 time after probate or letters of administration shall have been granted, and such order may be made upon motion or petition of course, or upon sum- mons at chambers, and after such order made the Court may, upon motion or summons, restrain or suspend proceedings against the executor until the account shall have been taken. 24. Under the Leases and Sales of Settled Estates Act — for leave to be heard in opposition to, or in support of, an application to the Court thereunder. See Leases and Sales, &c., Art. 3. 25. Under "The Companies Act, 1862" — (1) To wind up a company. See Companies Act, Sec. IL (2) Appointing an official liquidator. See Companies Act, Sec. III., Art. 2. (3) For a call — obtaining, serving, and enforcing. See Companies Act, Sec. IX., Art. 1, 2, and 3. (4) To stay proceedings. See Companies Act, Sec. II., Art. 2 (5.) (5) For the dissolution of a company. See Companies Act, Sec. Xin., Art. 5. 26. To revieviT taxation of costs. See Costs, Art. 3 (2.) 27. To change solicitor — A party suing or defending by a solicitor shall not q q^ q, 3^ change his solicitor in any cause or matter without an '• 3. order for that purpose — and until such order is obtained and served, and notice thereof given to the clerk of Records and Writs, the former solicitor shall be consi- dered the solicitor of the party. 28. Miscellaneous points relating to orders. (1) Obtainment of a " special order " during the interval of the sittings of the Court — In the interval between the (regulated) sittings (of C. G. 0. 6, the Court) applications for special orders may be ^' '^* made to any Judge of the Court, (As to how orders so made are to be marked and subsequently dealt with. See Con. Gen. Ord., 6, r., 11.) (2) Drawing up, settling and passing, and entering an order. See Decree, Sec, I. 106 Order — Pauper. (3) Proceedings in chambers under an order. See Decree, Sec. 11. (4) Appeal from an order, &c. See Appeal. (5) Registration of an order as a judgment. See Ap- pendix, Note 150. (6) Enforcement of an order. See Decree, Sec. III. (7) For security for costs — effect of service of, upon a defendant's time to plead, answer, or demur. See Computation, Sec. I., Art. 6. (8) General orders of the Court. See General Orders. OUTLAWRY Plea of outlawry/. 1. Setting down plea for argument. See Plea, Sec. III. 2. Reversal of outlawry — effect thereof upon answering. See Answer, " other cases," Art. 3. PAUPER 1. Pees, SfC.,from pauper to counsel or solicitor. C. G. O. 7, After admittance to sue or defend in forma pauperis, no '• ^- fee, profit, or reward shall be taken of the pauper by any counsel or solicitor for the despatch of the pauper's business during its pendency in Court — nor shall any agreement be made for any recompence or reward afterwards. (Any offence herein on either side is a contempt of Court, and dispaupers permanently tlie party, in the particular suit in question. See C. G. O. 7, r. 9). 2. Process of contempt issued at the instance of a pauper. C. G. O. 7, Not to be so issued until it be signed by his solicitor in ■■■ "• the suit. (As to notices of motion and petitions served on behalf of a pauper, See also Appendix, Note 129.) 3. Discharge of a pauper in custody for a contempt. C Q_ 0. 12 Where application is intended to be made for such r. 5. discharge, and for payment out of the Suitors' Fund of the costs of such contempt, notice thereof (in writing) shall be served upon the solicitor to the Suitors' Fund before the day upon which the application is intended to be made, and at least 2 clear days, Payment — Petition. 107 PAYMENT Of money. 1. Enforcing payment under a decree or order. See Decree, Sec. III. 2. Payment by the Accountant-General to the legal personal representatives of a deceased person. See Representative, Art. 1. 3. Into or out of Court (under the Trustee Relief Act). See Trustee Relief Act. 4. Into the Bank by an official liquidator (in proceedings under " The Companies Act, 1862.") See Companies Act, Sec. X., Art. 1. PEER Enforcing a decree or order against a peer. See Decree, Sec. III., Art. 9. PERPETUATION OF TESTIMONY 1. Filing bill. See Bill, Art. 12 (1). 2. Taking the evidence. See Evidence, Sec. V. PERSON OF UNSOUND MIND Appointment of guardian for. See Guardian. PERSONAL REPRESENTATIVE. See Representative. PERSONS PRIVILEGED. 1. From arrest. See Privilege, Art. 1. 2. Process against, to enforce a decree or order. See Decree, Sec. III., Art. 9. PETITION Section I Petition of right.* 1. Filing the petition. Upon Her Majesty's fiat being obtained, such petition, Order 1 Feb. with the flat thereon, together vpith a printed copy of 1^^^' '"• '• such petition and fiat (if the petition be in writing) shall be filed at the Record and Writ Clerks' Office. 2. Leaving copy with the Solicitor of the Treasury. Upon Her Majesty's flat being obtained to such petition 23 & 24 Vic. a copy thereof shall be left at the office of the Solicitor '" '"' ' to the Treasury. (Such copy shall be a printed copy, and sealed at Order i Feb. 1862, r. 3. * Sec Appendix, Note 114. 108 Petition. 23 & 24 Vic. c. 34, s. 5. Order 1 Feb. 1862, r. 3. Order I Feb. 1862, r. 4. 23 & 24 Vic. c. 34, s. 5. And Notice (No. 3) in schedule to the same Act. 23 & 24 Vic. c. 34, s8. 3 and 4. See also en- dorsement (No. 2) iti schedule to the same Act. 23 & 24 Vic. c. 34, s. 5. See also Notice (No. 3) in schedule to Act. the Eecord and "Writ Clerks' office as copies of bills are sealed.) 3. Service of copy on other persons. If petition presented for recovery of property, or any right in or to the same, which shall have been disposed of by Her Majesty, a copy of such petition and fiat shall be served upon or left at the last or usual or last known place of abode of the person in the possession, occupa- tion, or enjoyment of such property or right. Such copy shall be a printed copy, and sealed at the Eecord and Writ Clerks' office as copies of bills are sealed. 4. Filing and service of interrogatories to such petition. A suppliant desiring to file interrogatories for the examination of any person (other than the Attorney- General) shall file such interrogatories at the same time as such petition — and a copy, examined and marked by the Clerks of Records and Writs, of the interrogatories vi^hich any respondent is required to answer, shall be served upon such respondent, together with the copy of the petition. 5. Appearance to such petition.* By parties other than Her Majesty — after service of a copy of the petition, and within 8 days. 6. Plea, answer, or demurrer to such petition. (1) By or on behalf of Her Majesty — after the date of leaving a copy (endorsed, see No. 2 in schedule to Act) of the petition at the office of the Solicitor to the Treasury, and within 28 days. (Otherwise the petition may be taken as con- fessed, an order being obtained for such pur- pose. See 23 & 24 Vic, cap. 34, sec. 8.) (2) By any other person — after the service of a copy (endorsed, see No. 3 in schedule to Act) of the petition, and within 14 days. (Otherwise the petition may be taken as con- fessed, an order being obtained for such pur- pose. See 23 85 24 Vic, cap. 34, sec. 8.) For Form of appearance, see No. 4 in schedule to Act. c. 34, s. 13. Petition. 109 7. Certifying decree to the Treasury, or to the Treasurer of Her Majesty's Household (as the case may require).* If decree in favour of the suppliant, tlie Judge shall 23 & 24 Vic. and may, upon the application of the suppliant, certify the decree (in the form No. 5 in schedule to the Act), such application being made after the making, or affirming, (if on appeal), of the decree, and within 14 days. Section II. — Petitions f for purposes mentioned in the General Orders. 1. For leave to answer a bill which has been taken pro confesso, and to have the cause reheard. See Pro Confesso, Sec. V., Art. 1 and 2 ; see also Appendix, Note 122. 2. *For an order for inquiry as to the truth of a plea of the dependency of a former suit for the same matter. See Dismissal, Art. 3. 3. *ror an order requiring a plaintiff to elect to proceed in equity or at law. See Election. 4. *ror an order for the Sheriff or Coroner to summon a common or special jury. See Trial by Jury. Sec. II. 5. Of- appeal, or for a rehearing. See Appeal. 6. For the correction of a clerical mistake, &c., in a decree or order. See Clerical Mistakes. 7. For an order for the conversion of £3 per Cent. Annuities into other stocks, &c. See Investment, Art. 1. 8. *For an order to take an account of the debts and lia- bilities of a deceased person. See Order, Art. 23. 9. Under the Leases and Sales of Settled Estates Act. See Leases and Sales, Sec. 10. Under the Trustee Relief Act — for payment out of money which shall have been paid in under such Act. See Trustee Relief Act, Art. 3. 11. Under "The Companies Act, 1862" (to wind up a company). See Companies Act, Sec. I. 12. For a "judicial opinion," &c. See Judicial Opinion, • See Appendix, Note 115. f Those marked witli an astciisk, thus *, are petitions of course. The others are speciaL p 110 Petition — Plea. 13. For an order to review the taxation of costs. See Costs, Art. 3 (2). Section III.— Miscellaneous Points (relating to Petitions). 1. Service of petitions. iSee Service, Art. 7. 2. Filing evidence to be used on the hearing of a petition. See Evidence, Sec. III. 3. Hearing — standing over — Registrars' Where an unopposed petition is directed to stand over, Kegulations, without fixing a day for it to be again put into the 15 Marchl860, paper, the Registrar, in attendance in Court, upon the written request of the solicitor, will direct the same to be restored to the paper for the following petition day. 4. Drawing up, &c. of an order made on the hearing of a petition. See Decree, Sec. I. PLEA Section I. — Time for filing a Plea. 1. To a bill. The same time is allowed for filing a plea as is allowed for filing an answer. See Answer, Sec. I. 2. To a petition of right. See Petition, Sec. I., Art. 6. Section II. — Notice of filing a Plea. „ (J Q g Notice of filing a plea shall be given on the same day r. 9. to the solicitor of the adverse party, or to the adverse party himself if he acts in person. Section III. — Setting down a Plea for argument.* C. G. O. 14, Upon the filing of a plea either party is at liberty to set r. 11. the same down for argument immediately. But Where the plea is to the whole or part of a bill — C. G. O. 14 ^^ ™"^*' ^^ ^^^ down for argument after the filing r. 17. thereof, and within 3 weeks. C. G. O. 37, (But the times of vacation are not to be reckoned) r. 13, art. 3. Otherwise, and if the plaintiff does not within such three weeks either serve an order to amend the bill, or by notice in writing undertake to reply to the plea,-j- the plea shall be held good, and the plaintiff * See Appendix, Note 116. See Appendix, Note 119. Plea — Preliminary Accounts. Ill shall pay the same costs as in the case of a plea to the whole or part of a bill allowed upon argument — and where the plea is to the whole bill, the defend- ant may, after such 3 weeks, obtain, as of course, an order to dismiss the bill. Section IV. —Hearing of a Plea. No plea shall be allowed to stand over (for argument) c. G. 0. 21, to an indefinite period. '• '^ Section V. — Miscellaneous Points (relating to Pleas.) 1. Plea of the dependency of a former suit for the same matter — * For the course of procedure upon, where the truth of the plea is disputed by the plaintiff. See Dismissal, Art. 3. 2. The time of taking any plea \ — shall (where an oath is C. G. 0. 4. necessary) be expressed (in the jurat) by the commis- sioner, ^ee Commissioner. 3. Undertaking to reply to a plea — within what time to be given. See Plea, Sec. III. 4. Reversal of a plea of outlawry — Effect thereof, upon answering. See Answer, " other cases," Art. 3. PLEADING 1. The date of filing shall be printed or written upon evei'y c. G. 0. 1, pleading or proceeding filed under the direction of the >"■ *5- clerks of Records and Writs. 2. Shall not he said to be of record until the same be filed in C. G. 0. 8, the office of the clerks of Records and Writs. ■"• ^• PRECIPE For attachment. Entry of. See Attachment, Art. 8. PRELIMINARY ACCOUNTS AND INQUIRIES Where preliminary accounts and inquiries must be c_ q. q 20 taken and made before rights and interests can be ascertained, or questions determined, the plaintiff may, at any time after the defendants shall have appeared to the bill, move, on notice, that such inquiries and ac- counts shall be taken and made — and an order shall * See Appendix, Note 117. f See Appcndi.x, Note 118. 112 Preliminary Accounts — Process. thereupon be made, without prejudice to any question in the cause, if beneficial to such (if any) of the parties as may not be competent to consent, and if consented to by defendants competent to consent but who have not answered, and by defendants who have answered, or if proper to be made upon the statements contained in such answers. PRINTING 1. Answers. See Answer, Sec. II. 2. Evidence — (1) Where issue has been joined. See Evidence, Sec. I., Art. 7. (2) Where a notice of motion for a decree has been served. See Evidence, Sec. XL, Art. 5. 3. Petition of right. See Petition, Sec. I., Art. 1 and 2. PRIVILEGE 1. From arrest. C. G. 0. 42, Officers and attendants upon the Court, suitors, and witnesses, are to lave privilege eundo redeundo, et morqndo, for their necessary attendance — and if arrested at such times it is a contempt of Court. 2. Enforcing a decree or order against a person privileged. See Decree, Sec. III., Art. 9. PROBATE Within what time probate must have been granted, where the legal personal representatives of a deceased person claim to be entitled to receive money, &c. decreed or ordered to be paid, &c. to such deceased person. See Keprgsentative, Art. 1 (5). PROCESS Of Contempt. 1. For want of Answer. (1) For want of a further answer. C. G. O. 16, Where the defendant does not answer within the '■• 1 5. time allowed or appointed (upon the allowance of or submission to exceptions to an answer for insuffi- ciency), or obtain further time, and answer within such further time, the plaintiff may sue out pro- cess of contempt against such defendant. Phocess — Pro Confesso. 113 (2) Resuming the process of contempt. Where a defendant in contempt obtains, upon C. G. O. 12, filing his answer, the common order to be dis- '■'■ ^• charged on payment or tender of costs, or the plaintiff accepts the costs without order, the plaintiff shall not, if answer insufiicieht, be com- pelled to recommence the process of contempt, but may take up the process at the point to which he had before proceeded. 2. To enforce a decree or order. See Decree, Sec. III. 3. Issued at the instance of a person suing or defending in forma pauperis. See Pauper, Art. 2. 4. Diligent prosecution of the process. The suitor prosecuting a contempt shall use his best c. G. O. 30, endeavour to procure such process to be duly served >"• '• and executed, otherwise he shall pay costs to the party aggrieved, and lose the benefit of the process returned. PROCLAMATION Attachment, with proclamation. See Attachment, Art. 1. PRO CONFESSO Section. I. — Obtaining the Preliminary Order. 1. Where an attachment for want of answer has been C. G. 0. 22, executed against the Defendant — '• !• the plaintiff may cause a notice, (of motion to be made on some day not less than 3 weeks after the day of service of the notice), that the bill may be taken pro confesso against such defendant, to be served upon such defendant, upon the execution of the attachment, or at any time afterwards, but within 3 weeks. (and thereupon, unless such defendant has in the meantime put in his answer, or obtained further time, the Court may order the bill to be taken pro confesso, either immediately, or at such time, and upon such terms and conditions as the Court shall think proper.) (For the course of procedure where the plaintiff, instead of serving such notice as is mentioned in I 114 Pro Confesso. the foregoing article, proceeds to bring the defendant to the bar of the Court, and afterwards to take the bill pro confesso. See Attachment, Art 3 (2); also Appendii, Note 145.) 2. Where the defendant is to be deemed to have absconded to avoid, or to have refused to obey the process of the Court.* C. Gr. O. 22, (1)' Where the defendant appears in person, or by his ■ ■ own solicitor — the plaintiff may serve upon such defendant, or his solicitor, a notice of motion that the bill may be taken pro confesso against such defendant, the day named in such notice being after service thereof, but not less than . 14 days. (and the plaintiff must, upon such motion, satisfy the Court that such defendant ought, under the provisions of the Eule (t"rder22, rule 2), to be deemed to have absconded,* and the Court, if so satisfied, and if an answer has not been filed, may order the bill to be taken pro confesso, either immediately, or at such time, or upon such further notice, as the Court may think proper.) C. G. 0. 22, (2) Where the defendant has had an appearance entered for him (at the instance of the plaintiff), and does not afterwards appear in person, or by his own solicitor — the plaintiff may cause to be inserted in the " London Gazette " a notice of motion that the bill may be taken pro confesso against such defendant, the day named in such notice being (after the first insertion thereof) not less than 4 weeks. (and the plaintiff must, upon such motion, satisfy the Court that such defendant ought, under the provisions of the Eule (Order 22, rule 2), to be deemed to have absconded,* and that such notice of motion has been inserted at least once in every entire week (reckoned from Sunday morning to Saturday evening), which shall have elapsed between the time of the first insertion thereof and the * Sec Appendix, Note 1 20. Pro Confesso. 115 time for which the notice is given — and tlie Court, if so satisfied, and if an answer has not been filed, may order the bill to be taken pro confesso, either immediately, or at such time, or upon such further notice, as the Court may think proper.) 3. Where a defendant, in custody for want of his answer, C. G. O. 22, submits to have the bill taken pro confesso against him '^' ' — he may apply to the Court (upon motion, with notice, to be served on the plaintiff), to be discharged out of custody, and thereupon the Court may order the bill to be taken pro confesso, and the defendant to be dis- charged, upon such terms as appear to be just, unless it appears that justice cannot be done to the plaintiff without discovery, or further discovery, from such defendant. Section II. — Hearing — Decree. No cause, in which an order is made that a bill be taken pro C. G. 0. 22, confesso against a defendant, shall be heard on the same ■"• ^• day on which the motion is made, but shall be set down to be heard, and the Court may appoint a special day for the hearing thereof.* Section III. — Service of the Decree. After a decree, founded on a bill taken pro confesso, has c. G. 0. 22, been passed and entered, an office copy thereof shall, (unless i". 11. the Court shall dispense with service thereof), be served on the defendant against whom the order to take the bill pro confesso was made, or his solicitor. The following rules regulate the service : — I. Where the office copy of the decree is to be served within c. G. O. 22, the jurisdiction of the Court — •''• 11 and ^'^■ and the decree is not absolute, under C. G. O. 22, r. 8 (5ee Section IV., Art. 1) the defendant, or his solicitor, shall be at the same time served with a notice to the effect that if such defendant desires permission to answer the bill and set aside the decree, he must apply to the Court for that purpose * See Appendix, Note 121. I 2 r, 116 Pro Confesso. within tie time specified in the notice ; and such time shall be, after the service thereof . 3 weeks. C. G. 0. 22, 2. Where the office copy of the decree is to be served out of rr. 11 and 12. •" ^ , n the jurisdiction of the Court — and the decree is not absolute, under C. G. O. 22, r. 8 {See Sec. IV., Art 1), the like notice is to be served ; but the time to be specified therein shall be specially appointed by the Court, on the ex parte application of the plaintiff. Section IV — When Decree absolute. 1. At the hearing — C. Gr. 0. 22, In the case of any defendant who has appeared at the hearing, and waived all objection to the order to take the bill pro confesso, or against whom the order has been made, after appearance by himself or his own solicitor, or upon notice served on him, or after the execution of a writ of attachment against him, the decree shall be absolute. 2. After service of the decree — Where the decree is not absolute at the hearing (under C. G. O. 22, r. 8. See the preceding article), the Court may order the same to be made absolute, on the motion of the plaintiff,* made : — C. G. O. 22, (1) Where the decree has been served within the r. 15, art. 1. jurisdiction — after the service of a copy of the decree, and at the expiration therefrom of 3 weeks.* C. G. O. 22, (2) Whp.re the decree has been served without the jurisdiction — after the expiration of the time limited by the notice provided by Con. Gen. Ord. 22, r. 1 {See Stc. III., Art. 2).* C. G- 0-22, (3) Where a defendant has not been served with a copy of the decree — after the expiration ( from the date of the decree) of 3 years.* r. 15, art. 2. r. 15, art. 3. Section V.— Ee-hearing. C. G.O. 22, 1. Upon the merits stated in the bill — Any defendant waiving all objection to the order to * See Appendix, Note 122. /. 14. Pko Confesso — Peoducxion. 117 take the bill pro confesst>, and submitting to pay costs, may, before inrolment of the decree, have the cause reheard upon the merits stated in the bill, the petition for rehearing being signed by counsel, as other petitions for rehearing. 2. Upon merits not appearing in the hill — Where the decree is not absolute under C. Gr. 0. 22, r. 8, C. G. O. 22, and has not been made absolute under C. G. O. 22, r. 15, ^' and a defendant has a case upon merits not appearing in the bill, he may apply by petition (stating such ease, and submitting to such terms as to costs and otherwise as the Court may think reasonable) for leave to answer the bill — and the Court, if satisfied that the case is proper to be submitted to the judgment of the Court, and upon such terms as seem just, may vacate the inrolment (if any) of the decree, and permit the defendant to answer — and where such permission is given, leave may be given to file a separate replication to such answer, and issue may be joined and witnesses examined, and such proceedings had as if the decree had not been made and no proceedings against such defendant had been had in the cause. Taking a Petition of Right pro confesso. See Petition, Sec. I., Art. 6. PRODUCTION 1. Of documents* — (1) Upon the application of the plaintiff: — 15 & 16 Vic. the Court may, in any suit, and whether the "■ ®^' ^- ^^• defendant may or may not have been required to answer, make an order for the production by any defendant, upon oath, of such of the documents in his possession or power relating to matters in ques- tion in the suit as the Court shall think right. (2) Upon the application of any defendant : — , (but as to suits commenced by bill, where the is&ieVic. defendant is required to answer the bill, not untji c. 86, s. 20. after he has put in a fuU and sufiicient answer — unless the -Court shall order to the contrary), the Court may make an order for the production by the * See Appendix, Note 123. 118 Production — Eeceivek. plaintiff, on oath, of such of the documents in his possession or power relating to matters in question in the suit as the Court shall think right. (3) Of documents refen-ed to in a " Special Case." See Special Case, Art. 6. (4) After the hearing of a cause : — C. G. O. 41, 'jlje course of procedure as to production before the hearing of a cause shall extend and be applied to production after the hearing of any cause or matter. 2. Of a deponent or witness for cross-examination — (1) Where issue has been joined. See Evidence, Sec. I., Art. 6. (2) Where a notice of motion for a decree has been served. See Evidence, Sec. II., Art. 4. (3) Where the evidence is to be used on other proceed- ings before the Court. Sec Evidence, Sec. III., Art. 3. PROSECUTION 1. Of a decree or order in chambers. See Decree, Sec. II. 2. Motion to dismiss a bill for want of prosecution. See Motion, Sec. II. REBELLION Writ (or commission) of rebellion. See Attachment, Art. I. RECEIVER APPOINTMENT, &C, OF A EEOEIVEK. L Security to be given. U. G. O. 24, Unless otherwise ordered the person to be appointed shall first give security,* to be allowed by the Judge to whose Court the cause is attached, and taken before a person authorised to administer oaths in Chancery, duly to account for the rents and profits, for the. receipt ^ of which he is to be appointed, at such periods as such Judge shall appoint — or to be answerable for what he shall receive in respect of personal estate for getting in and collecting of which he is to be appointed — and (in * The security is usually given in the form of a. recognizance. r. 1. Eeceiver — Eecognizance. 119 botli cases) to account for and pay the same as the Court shall direct. 2. Salary. The person to be appointed shall be allowed a proper C. G. O. 24, salary for receiving rents and profits, or he shall have an allowance made to him in respect of his collecting personal estate. 3. Leaving and passing accounts. (1) Time for leaving the accounts — The Judge shall fix the days upon which Receivers C. G. 0. 24, shall (annually, or at longer or shorter periods, at '• ^' his discretion) leave and pass their accounts, and also the days upon which they shall pay the balances appearing due on the accounts so left, or such part thereof as the Chief Clerk shall certify as proper to be paid — and with respect to such Receivers as shall neglect to leave and pass their accounts and pay the balances, the Judge shall, when their subsequent accounts are produced, not only disallow the salaries claimed, but also charge them with interest at £5 per cent, per annum on the balances neglected to be paid during the time the same shall have remained in their hands. (As to other consequences of neglect, see Appen- dix, Note 60, Art. 3.) (2) When accounts to be proceeded on and entei'ed — Upon the account being left in the Judge's cham- C. G. O. 24, bers, a summons to proceed thereon shall be taken out — and the account when passed shall be entered by the solicitor of the receiver in books — and the affidavit verifying the account so passed shall refer to it as an exhibit, and not be annexed to it. 4. Depositing the completed accounts. When a receivership has been completed the book C. G. O. 24, containing the accounts shall be deposited in the office of the Clerks of Records and Writs. r. 4. EECOGNIZAlSrCE* I . Inrolment of a Recognizance. No recognizance acknowledged in this Court shall be C. G. 0. 42, * See Appendix, Note 124. 120 Eecognizance — References. inrolled therein after the expiration, from the acknow- ledgment thereof, of . . . . .6 months. (except by a special order, to be made upon motion.) 2. Deposit nf the Inrolment. C. G. O. 1, The records of all recognizances Cand deeds) inrolled '■ ■ shall be sent by the Clerk of Inrolments to the Public Record office. Rolls' Yard, after the inrolment thereof, but within 2 years. 3. Vacating a Recognizance. C. G. 0. 42, Where any recognizance is directed to be vacated, the ''• '*■ Clerk of Inrolments shall, on due notice thereof, attend the Master of the Rolls for that purpose, without any direction in the decree or order. 4. As to a recognizance entered into by an Official Liquida- tor (appointed under " The Companies Act, 1862"), See Companies Act, Sec. III., Art. 3, also Sec. XIII., Art. 3. RECORD 1. When a document is " of record." C. G. O. 8 No bill, answer, or other pleading shall be said to be of r- 3. record, or be of any effijct in Court, until the same be filed in the office of the Clerks of Records and Writs. 2. " Record for trial." See Trial by Jury. (1) Filing. Sec. I., Art. 1. (2) Setting down. Sec. I., Art. 2. (3) Production in Court. Sec. IV., Art. 1. (4) Indorsement of Verdict. Sec. IV., Art. 2. 3. Records filed in the {Equity) Exchequer. C. G. 0. 1, The Clerk of Records and Writs shall, in any cause ''• 52. transferred from the Court of Exchequer to the Court ^ of Chancery, upon request of any of the parties thereto, apply for the records or other documents in such cause not before brought into the Court of Chancery. RECORD AND WRIT CLERKS' OFFICE Official attendance in. See Official Attendance, Art. 5. REFERENCES To conveyancing counsel. RELEASE 1. 0/ a person committed, or brought up by the Serjeant-at- Arm^, for breach of a decree or order. Such person shall not be released until he has per- C. G. O. .29, formed the decree or order in all things that are to be ■■■ ■*• immediately performed, and given such security as the Court shall direct to perform the other parts (if any) at the future days and times thereby appointed. r, 122 Kelease — Eeport Office. Order 23 Aug. 2. Of the three remaining Masters in Ordinary. '^*°' "■• '• EicharS Eichards, William Henry Tinney, and Joseph Humphrey, were released from duty oathe 23rd August, 1860. EEPLICATION 1. Time forjiling* The time allowed for iiling a replication is the same as that on the expiration of which a defendant may serve a notice of motion to dismiss the bill for want of prose- cution. See, therefore, Motion, Sec. II. .C. G. 0. 3, 2. Notice of filing* ^- shall be given on the same day to the solicitor of the adverse party, or to the adverse party himself if he acts in person. KEPOET ^ 1. By the Solicitor to the Suitors^ Fee Fund {of visitation of the Queen's Prison').^ 23 &^24 Vic. Such solicitor (or other person duly appointed in his absence) shall visit the Queen's Prison f in the last week in January, in the last week in April, in the last week in July, and in the last week in October in every year, and examine the prisoners confined there for contempt ; and report his opinion thereon to the Lord Chancellor. 2. By the gaoler or keeper of a prison {in which a person committed for contempt is confined). 23 & 24 Vie. Such committal is to be reported by tlie gaoler, &c., to c. 149, s. 5. ^jjg Lq].^ Chancellor after such person shall have been in the custody of the gaoler, &c., and within . 14 days. (The report to contain the name and description of tlie prisoner, the cause and date of his commitmeut, and a copy of the writ or order under which he was committed.) EEPOET OFFICE Official attendance in. See Official Attendance, Art. 6. * See Appendix, Note 125. f Now Whitecross Street Prison: See " The Queen's Prison Discon- tinuance Act, 1862," 25 &26 Vie. c. 104, dated 7 August 1862. c. 149, s. 2. « Eepkesentative. 123 REPRESENTATIVE Section I.— Legal personal representative. 1. Payment of money, Sfc, out of Court to legal personal representatives. ( 1 ) Where any money is directed to be paid to persons C. G. 0. 1, to be nfimed in a report or certificate, and a sum is ' reported or certified to be due to persons as legal pei'sonal representatives — the same or any portion thereof remaining unpaid may, upon proof to the Accountant-General of the death of any of them, be paid to the survivors or survivor of them. (2) The like, where money is directed to be paid to C. G. 0. 1, legal personal representatives, and any of whom ^' die, whether before, on, or after the date of the decree or order directing payment. (3) Where money* is directed to be paid to, or is re- C. G. O. i, ported due to, any person, or his legal personal '' " I'epresentatives — the same or any portion thereof remaining unpaid may, on proof to the Accountant- General of the death of such person, whether before, on, or after the day of the date of the decree or order, be paid to such legal personal representatives or the survivors or survivor of them. (4) Under the like circumstances (as to legal personal C. G. O. i, representatives) and upon the like proof, the Registrar may issue a certificate authorising the transfer or delivery of stocks, funds, shares, or securities to legal personal representatives, or to the survivors or survivor of them, and such stocks, &c. may be delivered accordingly. (5) But no such money, stocks, &c. shall be paid, &c. C. G. O. i (under the two preceding rules) to any legal per- sonal representatives, under any Probate or Letters of Administration, purporting to be granted at any time subsequent to the expiration (from the day of the date of the decree or order, or the last receipt of interest or dividends) of . 6 years. * Interest and dividends are embraced by this rule. Sec C. G. 0. 1. r. y. r. 7. rr. 8 and 9. 124 ■ Eepkesbntatite— Eetuen. 2. Obtaining an order directing the legal personal repre- sentatives of a deceased sole plaintiff to revive a suit. See Dismissal, Art. 5. Section II Representatives of classes of interests. 1 . Of parties — in proceedings under a decree or order. See Appendix, Note 63. 2. Of contributories — in proceedings under " The Companies Act, 1862." See Appendix, Note 36, Art. 2. REQUEST 1. To be made to parties or solicitors for copies of plead- ings, &c. See Copies, Art. 2. 2. To the Bank of England, to allow transfer of stock, 85c. See Distringas, Sec. IV., Art. 3. RETURN Section I. — Returns to be inserted in Writs. 1. To be inserted in a writ of attachment* (1) Where there is just reason to believe that any de- fendant means to abscond before answering, the bill. See Attachnient, Art. 3 (1.) (2) In other cases, the party prosecuting a contempt may, without order, sue forth the several writs in process of contempt, returnable thus : — 1 Wm. 4, c. 36, If the party resides or is in London, or within °- ^^' ''■ ^- twenty miles thereof, the process may be made returnable immediately.^ 1 Wm. 4, c. 36, If the party resides or is distant twenty or more *• ^^- ""• ^' than twenty miles from London, the process may be made returnable in vacation,^ provided that there be fifteen days between the teste and the return of the writ. To he inserted in a JVrit of Habeas Corpus. Such writ must be made returnable on a day certain. If the day is named in the order directing the writ to issue (and such writ is never issued except by order) * Also applicable to a Writ of Distringas on a contempt, t See.Appendix, Note 146. i See Appendix, Note 147. practice. Return. 125 such day must, of course, be inserted in the writ. But it is not usual to name the day in the order in cases where a party, in contempt for not answering, is to be brought to the bar of the Court. The plain- tiff must, therefore, in such cases, be careful to insert such a return as will bring the party to the bal- of the Court within the times required by the rules of Court applicable to such cases. For the time applicable to the first Habeas Corpus issuable in such cases, See Attachment, Art. 3 (2). For the time applicable to the second Habeas Corpus (if issued) See Appendix, Note 145, Art. 3. 3. To be inserted in a Writ of Distringas to restrain trans- fer of stock, SfC* Such writs are made returnable on a day certain in Customary- term ; for instance, the first or last day of term ; but so as that there be not less than 8 clear days between the teste of the writ and the return. 4. To be inserted in a subpoena to hear judgment. See Subposna, Art. 3 (3). Section II. — Returns by Sheriffs to Writs. 1 . To a writ of attachment. (1) For not answering. — Upon a return, "cepi corpus,'' an order for a messenger may be obtained. Upon a return, " attached and imprisoned," an order for a writ of Habeas Corpus may be obtained. Upon a return, " non est inventus,'' an order for C. G. O. 12, the Serjeant-at-Arms, or for sequestration, may be obtained. (2) For breach of a decree or order — proceedings thereupon. See Decree, Sec. III., Art. 1, 2, and 3. 2. To a writ of fieri facias, or elegit, or fierifacias de bonis ecclesiasticis or Sequestrari facias de bonis ecclesiasticis, issued in the enforcement of a decree or order. See Decree, Sec. III., Art. 5, 6, and 7. ♦ For the return applicable to a distringas on a contempt, see preceding art. 1. r. 6. 126 Retuhn^Secuhities. 3. To a writ of inquiry. Within what time to be filed. See Trial by Jury, Sec. VI., Art. I. eevip:w 1. Bill of review (and other bills of that nature). See Bill, Art. 11. 2. Eeview of taxation. Application to the Taxing Master for a warrant, or to the Court for an order. See Costs, Art. 3. REVIVOR 1. Obtaining order to revive (under the Act lo & 16 Vic, c. 86, s. 52), and proceedings thereupon. See Order, Art. 20. 2. Obtaining an order directing a legal personal represen- tative to revive a suit abated by the death of a sole plaintiff. See Dismissal, Art 5. SCANDAL Exceptions for scandal. See Exceptions, Sec. II. SECURITY 1. Security for costs — effect of service of order for security for costs upon a defendant's time to plead, answer, or demur. See Computation, Sec. I., Art. 6. 2. To be given by a receiver. See Receiver, Art. 1. 3. To be given by an oflBcial liquidator (appointed under " The Companies Act, 1862.") See Companies Act, Sec. III., Art. 3. SECURITIES 1. Delivery out of Court of securities. (1) To women who marry after the order for de- livery has been made. Se; Unmarried Woman. (2) To the legal personal representatives of a deceased person. See Representative, Sec. I., Art. 1 (4). 2. Deposit of securities. (1) Under the Trustee Relief Act. -See Trustee Relief Act. (2) By an official liquidator (in proceedings under "The Companies Act, 1862.") See Companies Act., Sec. X. Art. 2. Selection— Sebjeant-at-Arms. 127 SELECTION Of Covirt — where cause commenced before 20th May, 1837, or 11th November, 1841. . 7, Service of all writs, notices, summonses, orders, war- rants, documents and other proceedings not requiring personal service, shall be made before 7 o'clock in the evening, except on Saturday, when it shaU be made before 2 o'clock in the afternoon.* 2. Service of a copy of a Bill. (1) Upon a defendant within the jurisdiction of the Court — No time is prescribed by the General Orders of the Court. But see Appendix, Note 127. (2) Upon a defendant out of the jurisdiction of the Court: — No time is prescribed by the General Orders of Court. But a copy of the order directing service is to be served at the time when the copy of the bill is served. See Order, Art. 1. (3) Upon a defendant, who thereupon is to be bound by the proceedings in the cause — The service upon such defendant shall be of C. G. O. 10, no validity if not made after the filing of the bill, and within 12 weeks. (Afterwards the Court may, upon the motion C. G. O. 10, of the plaintiff, without notice, give the plain- tiff leave to serve such defendant with such copy, within such time, and upon such terms, as shall seem just.) 3. Service of a copy of Interrogatories. ■• ^■ fe* ^^'- ^■ days as the Lord Chancellor shall every year specially direct. (2) The Whitsun Vacation ;— C. G. O. 5, which shall commence on the third day after "■• *• *'''• ^• Easter Term, and terminate on the second day before Trinity Term in every year. (3) The Long Vacation ;— C. G. 0. 5, which shall commence on the 10th day of ' ' August, and terminate on the 28th day of October in every year. But, in the office of the Accountant-General, C. G. 0. 5, r. 5. * See Appendix, Note 141. f See Appendix, ^fotc 142. 1. 4, art. 5. 150 Vacations — Voting. the Long Vacation shall commence and termi- nate on such days as the Lord Chancellor shall every year direct. C. G. O. 5, (4) The Christmas Vacation ;— '■ ' '^^^' *■ which shall commence on the 24th day of December in every year, and terminate on the 6th day of the foUovring month of January. C. G. O. 5, The days of the commencement and termination of each vacation * shall be included in and reckoned part of such vacation. 2. In what cases vacations are not to be reckoned in the computation of time. See Computation, Sec. I., Art. 5. 3. Issuing of summonses in vacation. See Summons, Sec. II., Art. 1. VAEYING A chief clerk's certificate. See Decree, Sec. II., Art. 7 (5). VENDITIONI EXPONAS Writ of, issuable in the enforcement of a decree or order. See Decree, Sec. III., Art. 6. VEEDICT J. Of a jury, on a trial before the Court. See Trial by Jury, Sec. IV., Art. 2. 2. Upon a writ of inquiry. See Trial by Jury, Sec. VI. VIEW Obtaining order for a "view" by a jury. See Appendix, Note 139, Art. 6. VOTING At meetings of creditors or contributories — in proceed- ings under "The Companies Act, 1862." 'S'ee Appendix, Note 35. * Sec Appendix, Note 142, Want of Parties — Witness. 151 WANT OF PARTIES Objection for want of parties — taken at the hearing of a cause. See Hearing, Art. 6. WANT OF PROSECUTION Dismissal of bill for want of prosecution. See Motion, Sec. IF. WARD OF COURT Filing written bill (for making an infant a ward of Court). See Written Bill. WARRANT 1. To review taxation. See Costs, Art. 3 (1,) WINDING UP Under " Tlie Companies Act, 1862 " — proceedings there- under. See Companies Act- WITNESS 1. Taking the evidence of witnesses. (1) Generally. See Evidence. (2) Where the witnesses are aged, infirm, or out of the , j urisdiction. See Evidence, Sec. I., Art. 5. (3) In a suit to perpetuate testimony — shall not be examined unless a bill shall have q q^ q_ j been filed, i- 6. 2. Attendance of witnesses. (1) At the hearing — On a trial by a jury. See Appendix, Note 139, Art. 1. By request of the judge. See Subpoena, Art. 4(3.) (2) In chambers. See Subposna, Art. 4 (2,) (3) For cross-examination — 1. Where issue has been joined. &« Evidence, Sec. I., Art 6. 2. Where a notice of motion for a decree has been served. See Evidence, tSec. IL, Art. 4. r. 37. 152 Witness — Weitten Bill. 3. To be used on interlocutory proceedings before the Court. See Evidence, Sec. III., Art. 3. 3. Privilege of witnesses from arrest. See Privilege. WEIT 1. General provision of the practice respecting the sealing of writs. C. G. 0. 1, The Clerks of Records and Writs shall keep a seal, and upon any writ (i. e. any such writ as is mentioned in the rule *) being presented for sealing, shall ascertain whether such writ is correct in form, and whether the person presenting the same is, according to the practice of the Court, entitled to sue out the same — and if such writ is correct in form, and the person is entitled to sue out the same, such writ shall be forthwith sealed with such seal — and shall, when so sealed, have the same force and validity as such writ had when sealed with the great seal. 2. For the practice (as respects times of procedure) in rela- tion to writs — Search under the name of the particular writ in ques- tion. WEITTEN BILL 1. In what cases such a bill may be filed. 15 & 16 Vie. The Clerks of Records and Writs may receive and file "■ ' "■ ■ a written copy of any bill, praying a writ of injunction, or a writ of ne exeat regno, or filed, for the purpose either solely, or among other things, of making an infant a ward of Court. 15 & 16 Vic. 2. Upon the personal undertaking '^- ®®' ^- ^' of the plaintiff, or his solicitor, to file a printed copy of such bill within 14 days. 15 & 16 Vic. (and every bill so filed shall be deemed and taken to c- 86, s. 6. have been filed at the time of filing the written copy thereof.) See Appendix, Note 143. r. 4. Written Bill. " 153 Taking a written hill offthejile. The Clerks of Records and Writs shall take any written C. G. 0. 9, bill (filed under the statute 15 & 16 Vic. c. 86) off the files of the Court, without further order, after the filing thereof, and at the expiration therefrom of 14 days. (unless a printed copy thereof shall in the meantime have been filed.) (Memorandum — Pursuant to the foregoing rule, the written bill is, in all cases where the printed copy thereof has not been filed in due time, taken off the file on the morning of the fifteenth day from the filing of the written copy. Such written copy is not, however, destroyed. It can, therefore, be re- stored to the file, if the Court shall so direct. But any application to the Court for such purpose must be by motion, on notice, and will be granted only under very special circumstances, and where the explanation offered can be supported by the most satisfactory proof. The following is a recent case upon the point: — Moss v. Syers. W. R. Vol. 11, pp. 1047 and 1048. o»:o Published on the 2nd of November, 18G3, price 12s. Gd. nett. coi's FOBMS PRACTICAL PROCEEDINGS iiv tlj£ C^amljtrs of THE MASTER OE THE EOLLS THE VICE-CHANCELLOES. THIRD SIdITION, EsriSED AND CONSIDEEABtT BNLAItaED ; COUTAIltrHO 600 J^orins aitSj |1itab«nts, 1^CLT-X>X^(i THOSE IJ- iraE XfSDEE mfi CHAEltAlllE 1E0STS ACTS, DEIEirCE ACTS, INFASTS' 3IAEEIAGE SETTLEJIENT ACT, JUDIOIAL OPIIflON ACT, SETTLED ESTATES ACTS, 8IE GEOBGE TUESEE'A ACT, AND TRUSTEES BELIEF ACTS. |tot«s OS THE OOCESE OP fEOCEDt-RK A* CHAMBEES IK SPECIAL MATTBES, ASD EEEEEEIfCES TO THE ACTS, OEDEESj AXD EEOULATIONS, AX*D TO A VAEIETI OF TEXT- BOOKS 0>" THE PEIi'CIPLtes AND PEACTJCE OF THE COUET. % lable OP ttTBlilC STATtJTES OOHTBaaijlfa A SUMMAHV JCMSDlCTION, §.n (&,\nhafs.k |ivbf,t. BY JOHN BIDDLE, LONDON: E. COX, 102, CHANCEEY LANE, W^C, 1863. PEEFACE TO THE THIED EDITION. The present edition -will be found, on comparison, to differ very mucli from the second : The quantity of letter-press is nearly doubled ; several Precedents of infrequent use have been withdrawn ; the Forms retained have been revised and corrected ; and a considerable number of Forms, prepared expressly for this edition, have been added. Concise statements are also given of the procedure .at Chambers on many special subjects, where the practice did not appear to be satisfactorily, or at all, explained elsewhere ; And under each Form, or group of Forms, references will be found to the Statutes, the Consolidated and other Orders, and the Kegulations of the Judges, and to the pages of many text-books in which the principles and practice of the Court on the subject-matter of the Forms, and cognate points, are elucidated. The extracts from the Consolidated Orders, and the Judges' Regulations, in Appendices A. and B. have been added, as appearing to form, collectively, a code of procedure at Chambers in the prosecution of Decrees and Orders. In Appendix D. an attempt is made to tabulate the Public Statutes conferring a summary jurisdiction on the Court. As the transaction of Chamber business Ig much facilitated by Summonses being phrased in the technical language employed by the Registrars in drawing up the Orders, special attention to this point tias been given in settling the work for the press J and the Forms of Summonses have in many instances been compared with, and often corrected by, the corresponding Orders in the recent (third) edition of Seton on Decreed— a woft the editor takes the liberty to recommend to the notice of his readers, as containing a vast amount of information on matters of daily discussion in Chambers. In conolttsion, the best thanks of the editor are tendered to the Council of the Incorporated Law Society, for granting him permission to use the library of that Institution in preparing the book for the press. CSAKCEET Lane ! 29a Octnier, ISSli, contents. PART I. GENERAL EORMS. I. AUTHORITY to SUE AND DEFEND. Retainer to sae, I — ^Sote, Id. — Betainer to defsndt 2-^Note, Xdr— Attthoiitj- of next friend, 3 — Sote, Id. — Consent of adult married woman, 4 — Note, Id. , It. GENERAL StfMMONS. Original summons to originate a proceeding, except for administratioti, 6 — Note, Id. — Indorsement enlarging the return, 6 — Note, Id. — Ordinarjr summons not to originate a proceeding, 7 — Note as to the descrlpEion of an applicant, Id.— Siimiiions to amend an original summons, 8 — Note, Id-. — Order thereon, 9. in. SUBSTITUTED SERVICE. Summons to substitute service of an original summons, 10 — Note, Id.— The like of an ordinary summons, 11 — Note, Id. IV. APPEARANCE TO ORIGINAL SUMMONS. PrtBcipe for appearance, 12 — Note, Idi— Notice of appearance, 13 — Note, Id. V. AFFIDAVITS AND AFFIRMATIONS. Outline of an affidavit, 14— Note, Id.— Footnote, 15— Note, Id.— Juratsj IG— Note, Id.'— AfiSrmation by a qualser, 17- Note, Id.— Affirmation under 17 & 18 V. c. 125, s. 20, 18— Note, Id. — Affidavit of service of an oiigirsal summons, where Sot fbr administration, 19 — Note, Id:— The lilie of an ordinary summons, 20— Note, Id/^Gertifioata oil an exhibit, 21 — Note, Id. VL ORDERS. General form of a chamber order, 22— Note, Id. Vli. SCIENTtfiC ASSIST ANdE. Letter of instructions to a scientific person, 23 — Note, Id. — Affidavit verifying his cevti- flcate, 24. PART II. MAIN PROCEEDINGS IN SUITS BY BILL UP TO THE HEARING. I. FILING THE BILL— SERVICE— APPEARANCE. J JSanimons for leaVfe to serve bill (and ititerroghtdri^s) atroad, 25— Note, Id.— Affidavit in ■ Support, 26 — Summsns" for liAvi fo rtqiiife an ibscttnding defehrlant to appear to the bill, 27 —Note, id.— Affidarit ill support, 28— Note, Id.— Nstice to apltear, 29-^Surtim6nS for leave to appedr for a sane adult deffefidant, or for an hbaedntllfig defendnrlt, 30— Nots, Id.— Affida- vit in support, 31 — Note, Id. A 9 IV CONTENTS. II. INTERROGATORIES FOR DEFENDANT'S EXAMINATION. Summons to extend the time to file, 32— Note, Id.— Order thereon, 33— Note, Id.— Sum- mons for leave to file, where time expired, 34— Note, Id.— Order thereon, 35— Summons to extend the time for deliver.v, 36— Note, Id.— Order thereon, 37— Note, Id. III. DEFENCE BY DEMURRER-PLEA— ANSWER— OR DISCLAIMER. Summons for further time to plead, answer, or demur, 38 — Note, Id.— Affidavit in support, where answer required, 39 — The like, where answer not required, 40 — Order thereon, 41 — Summons for leave to put in a plea, answer, or demurrer, where time expired and no answer required, 42 — Note, Id. — Order thereon, 43— Summons for leave to put in a supplemental answer, 44 — Note, Id. — Order thereon, 45— Note, Id. IV. PLAINTIFF'S ANSWER TO DEFENDANT'S INTERROGATORIES Summons for further time to answer, 46 — Order thereon, 47 — Note, Id, V. EXCEPTIONS FOR INSUFFICIENCY. Summons for extended time to file exceptions, 48 — Note, Id.— Order thereon, 49 — Summons for leave to file exceptions, 50 — Order thereon, 51 — Summons for further time to submit to exceptions, 52 — Note, Id. — Order thereon, 53 — Note, Id. VL AMENDMENT OF BILL AND INTERROGATORIES. Summons to (withdraw replication and) amend bill (and interrogatories), 54 — Note, Id. — Affidavit in support, 55 — Note, Id. — Order thereon, 56 — Note, Id. — Summons to extend the time to amend, 57 — Note, Id. — Order thereon, 58 — Note, Id. VIL MOTION FOR DECREE. Notice of motion for a decree, 59 — Note, Id. — Affidavit of service, 60 — Summons for further time to serve the notice, 61 — Note, Id.— Order thereon, 62 — Summons for time to file affidavits in answer to the motion, 63— Note, Id. — Order thereon, 64 — Summons for time to reply to defendant's affidavits, 65 — Note, Id. — Order thereon, 66 — Summons for extended time to serve notice to produce deponents for cross-examination, 67 — Note, Id. — Order thereon, 68 — Note, Id. VIU. REPLICATION AND JOINING ISSUE. Summons for further time to file replication, 69 — Note, Id. — Order thereon, 70 — Summons for leave to withdraw replication, 71 — Note, Id. — Order thereon, 72 — ^Note, Id. IX. EVIDENCE AFTER ISSUE JOINED. 1. In Gekekal: — Summons for time to notify intention to use affidavits or depositions filed or made before issue joined, 73 — Note, Id. — Order thereon, 74. 2. Issue joined before Eastee teem, 1861 : — Summons to enlarge time for closing evidence, 75 — Note, Id. — Order thereon, 76— Summons for leave to use affidavit sworn after evidence closed, 77 — Note, Id. — Order thereon, 78— Summons to enlarge time for cross- examination of witnesses, 79 — Note, Id. — Order thereon, 80. 3. Issue joined in or since Easter teem, 1861 :— Summons for time to apply that evidence be taken vivtl voce at the hearing, 81 — Note, Id. — Order thereon, 82— Summons for evidence to be taken vivS, voce at the hearing, 83 — Note, Id. — Summons to enlarge time for closing evidence in chief, 84— Note, Id. — Order thereon, 85 — Summons to take exami- nation or cross-examination before an examiner, 86 — Note, Id. — Summons for extended time to sei-ve notice to produce deponents for cross-examination, 87 — Note, Id. — Order thereon, 88— Summons to fix a day for hearing the cause, 89— Note, Id Minute of the day fixed thereon, 90 — Note, Id. CONTENTS. V X. CONSENTS AS TO MODE OF PROCEDURE. Summons for leave to consent, 91 — General Xote, Id. PxVET III. PROCEEDINGS IN SUITS BY ADMINISTRATION ' SUMMONS UP TO THE HEAEING. I. THE SUMMONS. Summons to administer an estate, 92 — Jfote, Id. — Variations in the summons, 93— Note, Id. II. NOTICE TO PRODUCE. Notice to produce probate or administration, 94 — Note, Id. III. AFFIDAVIT OF SERVICE. Affidavit of service of an administration summon?, 95 — Note, Id. IV. AFFIDAVITS IN SUPPORT. By a creditor, 96 — Note, Id. — By a plaintiff claiming to be interested in real estate, 97 — Note, Id By a pecuniary, specific, or residuai'y legatee, 98 — Note, Id. — By a ne>st of kin, 99— ^■ole, Id. PAET IV. PROCEEDINGS UNDER DECREES AND ORDERS. I. NOTICE OF DECREE. Summons for directions as to service on infants, 100 — Note, Id. — Affidavit iu support, 101 — Note, Id. — Summons for directions as to service on a person of unsound mind, 102 — Note, Id. — Affidavit in support, 103 — Note, Id. — Summons for leave to serve tlie notice out of the jurisdiction, 1 04 — Note, Id. — Summons to substitute service of notice, 105 — Notice of decree, 106 — Note, Id. — Indorsement thereon for service on a sane adult person, 107 — Note, Id. — The like, in the case of an infant, or person of unsound mind, 108 — Note, Id Affidavit of service of notice of decree, 109 — Note, Id. — Praecipe for memoraudum of service, 110 — Note, Id Petition of a sane adult person for leave to attend proceedings. 111 — Note, Id Order on petition for leave to attend proceedings, 112 — Note, Id. — Petition to assign guardian of an infant served with notice of decree, 113 — Note, Id. — Affidavit of fitness of proposed guardian, 114 — Note, Id Order assigning guardian, 115 — Note, Id — Petition of infant for leave to attend proceedings by his guardian ad litem, 116 — ^Note, Id. — List of persons served with notice of decree, 117 — Note, Id. II. CARRYING IN DECREE OR ORDER. Certificate verifying copj-, US — Note, Id Note of solicitors' names, 119— Note, Id.— Summons to proceed, 120 — Note, Id. III. EXAMINATION ON INTERROGATORIES. Interrogatories for the examination of a party, 121— Note, Id.— Memorandum, of allow- ance, 122 Sammons to file examination, 123— Note, Id Summons for time to file, 124— Note, Id.— Order thereon, 125 — The examination, 126— Note, Id. IV. EXAMINATION VIVA VOCE. Summons for attendance of a party or witness at chambers, 127 — Note, Id. — Affidavit of service thereof, 128— Note, Id.— Direction to seal subpoena for production of documents at chambers, 129— Note, Id Prsecipe for subpoena, 130— Note, Id.— Suggested form of subpoena, 131— Note, Id.— Oath administered by the chief clerk, 132— Note, Id.— Sormal parts of depositions, 133— Note, Id.— Direction to examiner to take examjaitSon ' of a witness, instead of chief clerk, 134 — Note, Id. ,. . V, ACCOUNTS JN GENEHAL. General form of an account, 136 — Note,Td AfSdavit rerifj'ing an account, 136 — Note, Id Notice of having left account, 137 — Note, Id. — Summons for further time to leave accouDt^, 138r-rP^otB, H.rrQ'^&et ,Xbereof>, 139^Jfote, Id.r-Sflminons for fpuf-day qrjjer to leave accounts, 140 — Note, Id. — Minute of a fonr-day order, 141 — Note, Id. — Indorsement to be made on copy fdr service of four-day ordir,' 142 — Note, Id. — Affidavit to ground attachment for not leaving account§,,l43^-r'I^oJe,Jd.-^Certificate of accounts having been left, 144 — Note, Id. — Petition for discharge o^ defendant out of custody thereon, 14S — Note, Id. — Surcharge' against k'n accounting party, 146 — Note, Id.-^Notice thereof, 147 — Note, Id. — Summons for books to be taken .aj.primgifas^s evidence, \^8 — Note, Id. VI. CLASS INQUIRIES. Order directing inquiries as to heir and nfext of 'kin, 149 — Note, Id.— -Advertisement for heir or next of kin to.epme in, 160— Note, Id,— Sketch of a pedigree, 15^. — Note, Id. — Affidavit in support of a pedigree, 152— Note, Id. — Abstract of the evidence, to accompany a pedigree, 153 — Note, Id. ' I ' i >'', Y.'. ■' '■"'■ ■ ' . ' . PAEt Y. ACCOtJKffS AND mQUIEIES IK ADMINISTRATION SUITS. Order directing the usual accounts and Inquiries as to real and personal estate, in a general administration suit, 164— Note, Id. ' ' n •' ji ■ '] I. ACCOUNT OP PERSONAL ESTATE. Regulation foi-m of aecbuht, 155 — Note, Id. — Affidavit verifying accounts and answering usual inquiries as to real and personal estate, 166 — ^Note, Id.-— A^avit by an administrator, verifying his account, 167 — Note, Id. — Affidavit verifying aupplemental^ocount of personal estate, 168i— Note, Id. — Negative affidavit by an accounting party, loG-^ifotej Id. — Request tb taxing-master to tas? bill of costs' claimed by an accounting party, 160 — Note, Id. n. ACCOUNT OF DEBTS. Advertisement fbv creditors (and incumbrancers) to come in, 161-^Note, Id. — Noticeof having entered clainij 162 — Note, Id.-r-Summons for leave to enter claim aft«r time expi^d, l6a^-Sote, Id. — Summona for paymeiit'by an unsuccessful claltpant of costs of resisting his claim, 164 — Note, Id. — Request to taxingrmaster to tax bill of costs claimed against a, deceased's estate, 166 — Note, Id. Affidavits to pkove debts -.—Oh judgment, 166— Note, Id. — On bond, 167— Note, Id.J-On morf^agej' 168— Note, Id.— On 'bili, note, or check, 169— Note, Id.— Examples of statement of debt due thereon, 170 — Note, Id. — On simple contract, 171 — Note, Id. — Ex- amples of statenjf^t of d^bt dug JJi^^^Qp, 172— Noip, Id.— By sey^ra] 5.rediJ9f8 to prove their individual debts, 172a— Ndte,'ld.— Of d^t due to apattnership,'l73— Note, Id.— Of debt due tdr'a deceased's estate,'' 174— Note, Id,— Of debt due to a bankrupt's estate, 175— ^Note, Id.— By executor or administratoii, ia proof of small debts investigated by him, 176 — Note, Id. List for use in chambers of debts allowed, 177 — Note, lij. , , • , J^. ACCPUI^T OF 'funeral EXPENCES. . ','/, " , _ ;/ " Not?,' ^ ^ " ' "' "■''' ■■ ■ ' , IV. ACC9UNT PP J^EiSAciES and ANNtJITIES. . \M of Ifigwiss «oiK>«}ing mm.4> l;78— Note, Id.— List pf annuities, and anew Am, 179 — Note, Id. CONTEJJTS, Vii V. INQUIBT AS TO OUTSTANDING ESTATE, Note. VI, INQUIRY. AS TO REAL ESTATE. Note. VII. ACCOUNT OF RENTS AND PROFITS. Eegnlation form of account, 180— Note, Id. — Affidavit in support, 181— Affidavit veri- fying supplemental account of rents and profits, 182 — Note, Id.^Negative affidavit as to rents and profits, one deponent, 183 — Note, Id. — The like, several deponents, 184 — Note, Id. VIII. INQUIRY AS TO INCUMBRANCES. Note. IX. CERTIFICATE OF RESULT OF ACCOUNTS AND INQUIRIES. Chief clerk's certificate, 185 — Note, Id Summons to settle draft certificate, 186 — Note, Id. — Summons to take opinion of Judge on certificate, before approval, 187-.-Note, Id. — ■ Summons to vaiy certificate, after approval, 188 — Note, Id. — Note of adjournment into court, 189— Note, Id. X. FURTHER CONSIDERATION. Summons for further consideration of a matter and cause, 190 — Note, Id. — Note of adjournment into court, 191— Notice of setting down for further consideration, 192,— Note, Id. XL APPORTIONMENT AMONG CREDITORS OR LEGATEES. Order directing an apportionment, 193 — Note, Id. — Concise statement of the appoftion- ment to be made, 194 — ^Note, Id. — Certificate of apportionment, 195 — Note, Id. PAET VI. PROCEEDINGS IN MORTGAGE SUITS AETER THE HEARING. Decree for successive redemptions and foreclosures, 196— Note, Id. — Affidavit of amount due to mortgagee not in possession, 197 — Note, Id. — Affidavit by mortgagee in possession of amount due to him, and verifying account of rents, 198 — Note, Id. — Account with annual rests of a mortgagee in possession, 199 — Note, Id. — Certificate of amount due to first mortgagee (in possession), 200 — Note, Id. — Summons for an extension of time to redeem, 201 — Note, Id. — Summons to appoint a new time for payment, where mortgagee has failed to attend, 202 — Note, Id.^Power of attorney to attend and receive redemption money, 203 — Note, Id. — Affidavit by mortgagee of personal attendance and non-payment, 204™-Note,. Id. — Affidavit by mortgagee and bis attorney of attendance and non-payment, 205 — Note, Id. — Certificate of amount due to second mortgagee redeeniing the first, 200— Note, Id. PART VII. PROCEEDINGS IN PARTITION SUITS AFTER THE HEARING. Decree for a partition to be made in chniTlhers, 201 — Note, Id. — Certificate of partition tjieiewderj 208— Note, Id. PART VIII. PROCEEDINGS IN PARTNERSHIP SUITS AFTER THE ' HEARING. Decree toe disBolutldn of a medical partinersbip, aaconnta, receiver, 209~Note, Id, — Gssttifieate of renoH of the aeconnts thereunder, 210-t-Nate, Id. VIU CONTENTS. PART ]X. PROCEEDINGS IN SUITS FOR SPECIFIC PERFORMANCE AFTER THE HEARINO. Decree for specific performance, and inquiry as to title, vendor against purchaser, 211 — Kote, Id. — Statement of the purchaser's objections and requisitions on title, 212 — Note, Id. — Reference thereof to the conveyancing counsel, 213— JNotej Id. — Certificate of good title, 214; — Note, Id. — Summons to vary certificate, 215— Order thereon, and on further consi- deration, 216 — Note, Id.' — Certificate thereunder, 217 — Note, Id. PART X. APPOINTMENT OF NEW TRUSTEES. Order directing trustees ^to be appointed, 218 — Note, Id. — Affidavit of fitness of pro- posed trustee, 219 — Note, Id. — Consent of proposed trustees to act, 220 — Note, Id. — Affidavit verifying the signatures thereto, 221 — Note, Id. — Summons to ajipoint approved persons trustees, 222-^Note, Id.— Minute of order thereon, 223 — Note, Id. — Certificate of approval of deied (of appointment and) to Vest the trust estate, 224 — Note, Id. PART XL SETTLEMENT OF BILL FOR AN ACT OF PARLIAMENT. ' Order authorising application to parliament, and directing bill to be Settled, 225 — Note Of the procedure at chamber!!. Id. — Certificate of approval of draft bill, 226 — Note, Id. Memorandum to identify draft bill, 227 — Note, Id. — Affidavit verifying printed copy bill, 228 — Note, Id. — Memorandum (o be signed by the Judge, 229 — Note, Id. — Becital of chief clerk's certificate in. draft bill, 230^Note, Id. PART XII. SALES BY THE COURT. , I. ORDER FOR SALE, Summons for a sale of real estate, 231 — Nots, Id. 11. LEAVE TO BID— CONDUCT OF SALE. Summons for leave to bid, 232 — Note, Id. ill. PROPOSAL FOR SALE- APPOINTMENT OF AUCTIONEER, Proposal for sale^ 233 — Note, Id.— Affidavit in support of proposed mode of sale, 234?— ? Note, Id.— ^Survey therein referred to, 235 — Affidavit of fitness of auctioneer, 236— Note, Id. IV. PARTICULARS AND CONDITIONS OF SALE. Direction to conveyancing counsel to advise oh and settle special conditions of sale, 237 —Note, Id. (A) IkTKODOCTIQN to PAKTICtlLABft AND , CONDlMOlSS, 238 — Note,;Id, ; (B) Paeticui-abs of sale, 239:— Coal mines: (a) freehold, plant, and stock: (b) leasehold, 240— Note, Id.— Copyhold land, 241— Note, Id.— Fee farm rents, 242— 'Freehold fai'm,' 243— Freehold' house, 244— Freehold and copyhold intermixed, 246 Note, Id. — Goodwilland lease, 24G— Note, Id. — Government life annuit}-, 247— Leasehold house, ■248— Leasehold interest in reversion, 249— Note, Id.— Leasehold contract, with .lepse diilQCt from freeholder, 250 — Note, Id.— -Life annuity, 251-^Note, Id. Life interest, 262— Note, Id.— Life policy, S52a— Rever§i.ona)-y life interest, 253— Tithe rent charge, 254' Miscellaneous additions to descriptions ofproperiy : — ^Apportioned rent, 255 Note Id. Chief rent, 256— Contract to tmrchase, 257^— Fixtul-esj 258 — Note, Id. Land tax redeemed 259— Note, Id.— Minerals excepted, 269a.— One lorrable lots, 260^Eefetence to plan, 261 CONTENTS. ix —Note, Id.— Eight of way, 262— Note, Id.— Eiglit of redemption : (a) freehold : (b) leasehold, 2GS— Note, Id.— Sheep-walk, 264— Note, Id.— Strip of land without title, 26fi— Note, Id. — Timber : (a) included : (b) to be taken at a fixed sum : (c) price to be declared at sale, 266— Note, Id.— Tithe : tithe renl charge, 266a Note, Id. (C) Conditions of sale, 267. 1. Ordinari/ conditions of sale : — Advance in bidding, 268 — Note, Id. — Reserved bids, 269 —Note, Id.— Bidding paper, 270— Note, Id.— Deposit, 271— Note, Id.— Certifying result, 272 — Note, Id.— Delivery of abstract : Objections to title, 273— Note, Id.— Valuation of timber, 274 — Note, Id. — Payment of purchase-money: possession: rents, 275— Note, Id — Compensation, 276— Note, Id.— Resale on default, 277— Note, Id. 2. Variations in the ordinary conditions : — Advance in bidding, 278 — Note, Id.— Reserved bids, 279— Note, Id.— Certifying result in vacation, 280 — Note, Id.— Delivery of abstract : (a) where a common title to several lots: (b) where lots small: (c) another form, 281 — Note, Id. — Valuations : stock in trade: going concern, 282 — Note, Id. — Payment of pur- chase-money : (a) vendor to obtain order to pay in : (b) one moiety to part owner con- curring, the other moiety into court : (c) sale under the settled estates acts, payment to trustees: (d) sale of entirety with consent of part owner: option to purchaser: (e) on sale of collieries, 283— Note, Id.— Compensation, 283a.— Note, Id. 3. Special conditions, 284 : — Apportionment of current rent, 285 — Note, Id. — Appor- tionment of reserved rents: land tax: tithe rent charge, 286 — Note, Id. — Boundaries, 287 — Note, Id. — Charges to be deemed satisfied : as to a speciiied incumbrance: conditional surrender to be deemed satisfied, 288 — Note, Id. — Conveyance at a fixed sum, 289— Cove- nants for title : concurrence of equitable owners, 290 — Note, Id. — Deeds : (a) vendor to retain: (b) custody and delivery: covenants to produce: (c) another form: (d) on sale of reversionary leasehold : (e) want of deed, 291 — Note, Id. — Dower, 292— Note, Id. — ^Easements, 293 — Note, Id. — Expense of additional evidence, 294 — Note, Id. — Expenses of examination of documents, 295 — Note, Id. — Identity of parcels, 296 — Note, Id. — Insurance, 297 — Note, Id. — Land tax redeemed, 298 — Note, Id. — Lease : (a) indemnity to vendor: (b) lessor's title: (c) (d) (e) licence to assign : (f) notice of contents: (g) performance of covenants : (h) surrender of former leases: (i) lease from ground land- lords at a fixed sum, 299 — Note, Id. — Manorial customs, 300 — Note, Id. — Mortgage: right of redemption : (a) sale free; (b) another form : (c) sale subject : (d) mortgagor's concurrence, 301 — Note, Id. — Outstanding terms, 302 — Note, Id. — Power of attorney, 303 — ^Note, Id. — Proceedings in suit to be conclusive : under the settled estates acts, 304 — Note, Id. — Quit rents, 30,5 — Note, Id. — Recitals to be conclusive, 306 — Note, Id. — Registry of deeds, 307— Note, Id.— Rescinding contract, 308— Note, Id.— Root of title, 809— Note, Id. — Sheep walk, 310 — Note, Id, — Stamp, want of, 311 — Tenants' rights, 312 — Note, Id. —Vesting order, 313— Note, Id. Vekib-ication of copies — ADVERTisEJiENT OF SALE : — Certificate verifying draft copy conditions, 314 — Note, Id. — The like of duplicate prints of the particulars and con- ditions, 315 — Note, Id. — Advertisement of intended] sale, 316 — Note, Id. — Another form, 317— Note, Id. V. RESERVED BIDS, Affidavit as to reserved bids, one lot, 318 — Note, Id. — Valuation referred to therein, 319 — Aifidavit as to reserved bids, several lots, 320 — Note, Id. — Valuation referred to therein, 321— Note of reserved bids; one lot, 322— Note, Id.— The like: several lots, 323— Note, Id. VI. SECURITY FOR DEPOSITS. Recognisance to account for deposits, 324 — Note, Id. — Justification of surety, 325 — Memorandum of allowance of recognisance, 326 — Note, Id. — Summons to deposit money in court in lieu of recognisance, 327. X CONTENTS. VII, DIRECTIONS TO AUCTIONEER, Directions wliere a biiicUng is reserved, 328 — Note, Id.— Directions where no bidding is reserved, 329 — Note, Id. Vlir. BIDDING PAPERS. Bidding paper; one lot, 330 — Note, Id. — Bidding paper: several lots, 331 — Note, Id, IX. RESULT OF SALE. Auctioneer's affidavit of no sale : one lot, 332 — Note, Id. — Tlie like : several lots, 333 — Note, Id. — Auctioneer's affidavit of result of sale pf one lot: where a sale effected, 334 — Note, Id.— The like: several lots, 335— Note, Id.— Certificate of result of sale: one tot, 336 ^Note, Id.— The like : sevsral Jots, 337— Note, Id, X. SALE BY PRIVATE CONTRACT. Conditional contract of sale of an estate, 338— Note, Id. — The like contract, by indorse- ment on particulars and conditions, 339— Note, Id.— Affidavit verifying purchaser's signa- ture, 3^0 — Note, Id.—Suronions to approve contract of sale, 341— Note, Id. Xr. SALE BY TENDER. Ad v^rtisemwt of a^le, S,42-^Npte, Id. ^Introduction to particulars and conditions, 343 —Particulars , of sale, 344-^C,onditi9W of sale, 340— Note, 1(3.— Form of tender, 846— Note, Id.— Cevtificate of result, 347. , , XU. PAYMENT OF DEPOSITS INTO COURT. Summons for leave to pay in a deposit received of a purchaser by private contract, 348 — Note, Id,— Summons to compel payment in of deposits, 349 — Note, Id. — Summons to invest deposits, 350— Note, Id, XIIL OPENING BIDDINGS. Summons to open biddings, 351— Note, Id. — Order thereon, 352 — Note, Id. — Order sub- stituting the applicant as purchaser: connected lots: deposit, 3.53 — Note, Id, — Summons for return of deposit to opener of biddings, where outbid at resale, 354 — Note, Id. XIV. SUBSTITUTION OF PURCHASER. Summons to substitute purchaser, 355 — Note, Id. — Affidavit in support : on a subsale before certificate binding, 33C — Note, Id. — The like : after certificate binding, 357 — Note, Id. XV, INVESTIGATION OF TITLE-INQUIRY AS TO TITLE- DISCHARGE OF PURCHASER. Summons for delivery of abstract to the purchaser, 358 — Note, Id. — Summons fot inquiry as to title, 359 — Note, Id, — Summons to discbarge purchaser and pay bis costs ; title bad, 360— Note, Id. , ■ ■ ■ XVL PAYMENT IN OF PURCHASE-MONEY—COMPENSATION. Summons for leave to pay in purchase-money: deposit: timber: interest.: possession, 361— Note, Id.— Affidavit of amount of interest to be paid in, 362 — Note, Id. —Table of income tax deductible, Nat%.Id. — Summons for Jes^ve, /or j separate purchasers to pay in by one order, 363— Note, fd.-i^Sunimons for leave to pay in without prejudice as to the title, 364 — Note, Id. — Summons to, compel payment in of purchase-money, ae6~-Note Id.— Summone to enlarge time for payment'in, 366— Note, Id..j-8Hmmons by purchaser for allowance of compensation, 367 — Note, Id. ^ > i, . . fONTENTS. XI XVII. PAYMENT OF INCUMBRANCERS, Consent of incumbrancer to a sale free from his incumbrance, 368 — Note, Id. — Sum- mons to pay off incumbrance out of sale proceeds in court, 3G9 — Note, Id. — Summons by purchaser for leave to pay off incumbrance out of his purchase-money, and the balance into court, 870 — Note, Id, — Summons for deiiDsit in court of deeds by mortgagee concurring in sale ; payment of his claim ; delivery out, 371— -Note, Id, XVIII. CONVEYANCE— VESTING ORDER. Summons to settle draft conveyance, 372 — Note, Id. — Snramons to compel return of draft conveyance, 373 — Note, Id.-^Reoitals in conveyance of order of sale : certificate of result: payment of purchase-money : and approval of conveyance, 374 — Note, Id. — AflBda- vit veriiying ' eugi'ossment of conveyance, 375 — Note, Id. — Chief clerk's- certificate of approval of conveyance, 376 — Note, Id. — Memorandum of approval, 377 — Note, Id. — Admission by purch@.ger of receipt of his conveyance, 378 — Note, Id.— The like admission by several purchasers, 379 — Note, Id.— Summons for a vesting order; or for an appointee to convey ; under the trustee acts, 380 — Note, Id. XIX. TITLE DEEDS. Summons for delivery to purchaser of deeds deposited in court, 381— Note, Id. XX. RESALE ON PURCHASER'S DEFAULT. Summons for payment into court by purcltaser : in default, a resale, 38?— Note, Id. PAETXIII. EEGEIVEES, L APPOINTMENT AND DISCHARGE. Summons to appoint a receiver, 383 — Note of the procedure at chambers in appointing a receiver — Summons to proceed under order directing a proper person to be appointed, 384 — Note, Id. — Summons to settle security of a receiver appointed by order, subject thereto, 385 — Note, Id. — Proposal as to a receiver, 386 — Note, Id — Counter proposal, 387 — Note, Id. — Affidavit of fitness of proposed i-eceiver, 888 — Note, Idl^Eecei'ver'.s recognisance, 389 — Nate, Id. — The like: where the parties are bound in different sums, 390 — Note, Id. — Another form, 391 — Note, Id. — -Justification of receiver's sureties, 392 — Note, Id. — Summons to appoint receiver after security given, under order directing a proper person to be appointed, 393 — Note, Id .t— Certificate 4)f . receiver having given security, where ap- pointed by order subject to security, 391 — Note, Id,— Order approving security, and appointing receiver, without certificate, 395— Note, Id.— Summons to discharge receiver, and vacate recognisance, 396 — Note, Id — Suoimona for receiver to give a new security, 397 —Note, Id. IL ACCiOUNTS. Regulation form of a receiver's acpqunt, 398 -Note, Id.— Summons to compel receiver to bringin account, 399— Note, Id.— Summons by receiver to pay money into court pending account, ,4,00— Note, Id.— Summons to proceed on a receiver's account, 401— Note, Id.— Affidavit of receiver verifying his account, 402— Note, Id.— Certilifate of allowance of account, 403^Note, Jd.— Summons to compel payjnetit by receiver qf certified balance, 404 —Note, Id.— Summons for receiver's representatives to pass his final account, 405— Note, Id. — Summons to put recognisance in suit, 406-^Note, Id. in. MANAGEMENT. i . Note. : I ■ Xil CONTENTS. IPART XIV, COLLECTION OP ASSETS-MANAGEMENT OE PROPERTY. I. COPYHOLDS. Summons for leave to take admission to copyholds, 407 — Note, Id. — ^Summons for leave to enfranchise at common law, 408 — Note, Id. — Another form, 409— Note, Id. — Summons to appoint valuer on a statutory enfranchisement, 410 — Note, Id. 11. EXCHANGES. Summons to effect exchange through the inclosure commissioners, 411 — Note, Id. III. INSTITUTING AND DEFENDING PROCEEDINGS. Summons for leave to institute or defend, 412— Note, Id. IV. LANDLORD AND TENANT. Conditional contract to grant a lease, 413 — Note, Id. — Another form, by reference to an approved draft lease, 413a — Note of the procedure at chambers, in approving a contract and lease. Id. — Summons to carry contract into effect, 414 — Note, Id. — Affidavit in support, 415 — Note, Id. — Minute of order approving contract (and the lease to be granted there- under), 416— Note, Id. — Reference in lease to order (and certificate) approving same, 417 — Note, Id. — Affid.nvit verifying engrossments of lease and counterpart, 418 — Note, Id. — Memorandum of .approval of lease and counterpart, 419 — Nole, Id. — Certificate of approval of lease, 420 — Note, Id. — Summons for leave to grant renewed lease, 421 — Note, Id. — Summons for leave to accept renewed lease; 422 — Note, Id. — Summons for leave to license an assignment, 423 — Note, Id. — Summons for leave to distrain, 424 — Note, Id. — Summons for leave to give notice to quit, 425 — Note, Id. V. OUTSTANDING ESTATE. Summons for leave to compound a debt or claim, 426 — Note, Id. — Summons for leave to pay a call on shares, 427 — Note, Id. — Summons to get in outstanding estate, 428 — Note, Id, — Summons to sell particular securities, 429 — Note, Id. VI. RAISING DEFICIENCY OF PERSONALTY. Order to raise from realty a deficiency of the personalty to pay debts and costs, 430^ Note, Id. — Summons for payment in by proposed mortgagee, 431 — ^Note, Id. — Powers to redeem, and of sale, in a mortgage of an estate in settlement, 432 — Note, Id. — Recitals in mortgage of order to create same, and of payment in, 433 — Note, Id. VII. REPAIRS— DRAINAGE. Summons for leave to (drain and) repair, 404— Note, Id Another form, 435— Note, Id. Vin. SALES UNDER ACTS AS TO PUBLIC WORKS. Summons to appoint a valuer under the lands clauses act, 436 — Note, Id. IX. TIMBER. Summons for leave to cut and sell timber, 437 — Note, Id. CONTENTS. xiii PAKT XV. liNTESTMENTS IN LAND AND ON MOETGAGE. Summons for leave to bid for the purchase of an estate, 438 — Note of the procedure in chambers on an investment by the court, Id. — Summons to approve of a purchase, or of an investment on mortgage, 439 — Note, Id. — Affidavit of a surveyor in support, 440 — Note, Id. — Minute of order approving investment, 441 — Note, Id. — Affidavit verifying an abstract of title, 442 — Note, Id. — Direction to conveyancing counsel, 443 — Certificate verify- ing copy of draft conveyance, 444 — Note, Id.— Recital of approval of conveyance by the Judge, 445 — Note, Id. — Testatum where the consideration is to be paid out of fund in court, 446 — Note, Id. — ^Another form, 447— Affidavit of searches for judgments and other incum- brances, 448 — Note, Id. — Certificate of good title, approval (and execution) of deed, and parties to receive the consideration, 449 — Note, Id. — Affidavit verifying execution of deed, 450— Note, Id. — Certificate of execution, 451. — Note, Id. PAET IVI. INTEELOCUTORY AND INCIDENTAL PEOCEEDINGS. I. ADDITIONAL ACCOUNTS AND INQUIRIES. Summons to add to a decree or order, 452 — Note, Id. — Example of an additional inquiry, 453. II. ADJOURNMENTS FROM COURT TO CHAMBERS. Summons to proceed on petition adjourned to chambers, 454 — Note, Id. III. ALLOWANCE PENDING LITIGATION. Snmmons for an allowance pending proceedings, 455— Note, Id, IV. CONDUCT OF SUIT. Summons for the conduct of a suit or proceeding, 456^-Note, Id. V. EXAMINATION PRO INTERESSE SUO. Summons for inquiry as to interest, 457 — Note, Id. VL NEXT FRIEND— GUARDIAN AD LITEM. Summons for leave to name a new next friend, 458 — Note, Id. — Summons to assign a new guardian ad litem, 459 — Note, Id. VIL PAYMENTS AND TRANSFERS INTO AND OUT OF COURT— AND INVESTMENTS. Snmmons for payment and transfer into court and investment, 460 — Note, Id. — Sum- mons for a transfer or sale, and payment out, 4C1— Note, Id. — Affidavit of identity, 462 — Note, Id. — Summons for payment to husband in right of wife, 463 — Note, Id..— Summons for commissioners to examine wife, on application for payment to husband, 464 — Note, Id. — Affidavit of no settlement whatever, 465 — Note, Id. — Affidavit of no settlement aflFecting fund, 466 — Note, Id. — Summons for a settlement, by order, of fund on wife and children, 467— Note, Id.— Summons by wife for payment out to her, under a protection order, 468 — Note, Id. — Affidavit identifying protection order, 469 — Note, Id. Vin. PRODUCTION OF DOCUMENTS. Summons for deposit in court of documents admitted by answer : leave to inspect, 470— Note, Id. — Summons for leave to inspect out of court documents admitted by answer, 471 — Note, Id. — The like: numerous defendants: schedule, 472 — Note, Id. — Summons for affi- davit as to possession of documents, and for production in court : leave to inspect, 473-^ XlV COKTEI^I'S. Note, IdT-ThB like summons against two <«■ more parties, 474^— Note, Idt — Summons for like affidavit and inspection out of court, 476 — Note, Id. — Tlie like : against two or more parties: sohedule, 476^'Note^ Id.— The like against a, corporation,ii47'7^^Note,' Id. — Summons for lime to file an affidavit as to documents, 478— Note, Id.— Order thereon, 479 — Affidavit as to the possession of docuHieiitg, 480 — Note, Id. — Summons to consider the sufficiency of ah affidavit as to documents, 481— Note, Id. — Order thergon, 482 — Note, Id. — Sumihons to consider an objection to produce documents, 482a— ^Note, Idi=^Summons for further affidavit as td documents, 483 — ^Note, Id.— Summons for leave to seal up, 484 — Note, Id. -^Summons for deliveiy out of documents deposited for inspection in court, 486-— Note, Id. —Summons for like deliver}', for a temporary purpose, 486, 7i IX. EEPRESfiNTATlVE OF A DECEASED'S ESTATE. Summons to appoint a representative, pending proceedings in chambers, 488— Note, Id. ' — Summons to carry on proceedings without a representative, 489 — Note, Id. ■ X. SCANDAL. '■'■'■- '_.:'■: Summons to expunge scandalous inatlfer from » prdceediag before the Judge, 490 — Note, Id. Xl. SECURITY FOR COSTS. Summons for plaintilf to give security, 491 — Note, Id. — Bond as security for costs, 492 — Note, Id.^^Summons to pay money into court in lieu of bond, 493 — Note, Id. XII. SECURITY TO REFUND. Ordelr directing a transfer, on security to refund, 494— Note, Id. — Recognisance to refund, 495— Note, Id.— Justification of surety,' 496— Note, M.— Cftrtificdte of appfoval, execution, and inrolment of recognisance, 497-;— Note, Id. Xni. SPECIAL EXAMINER. Summons to appoint a special examiner, 498!— Note, Id. — Affidavit of fitness of proposed Examiner, 499— Note, Id. XIV. STAYING PROCEEDINGS, Summon to stay procefedings (ot dismiss bill) ori tsrms, 600=-^Note, Id. XV. ST0t> ORDERS-CllAftGlNGi ORDERS. Summons for stop order on stock, cash, and interest, 501— Note, Id. — Affidavit in support, 502 — Note, Id. — Summons ft>r stop order as td docuirtents, 603 — Note, rd.=-^Snmmons to substitute alienee of assignee; as the restraining party, 504— Note, Id. — Summons to discharge stop order, 605 — Note, Id Summons for a charging order, by consent, 506 — Note, id. , ■ ■ ■ " PART XVII. INFAM'S, I. GUARDIAN— MAINTENANCE— ADVANCEMENT. Summons for the appointment of a guardian, S07 — Note, Id. — Summons for allowance for maintenance, 508 — Note, Id. — Affidavit in support of application for guardian, or guardian and maintenance, 509 — Note, Id. — Consent to act of proposed guardian, 516 — Note, Id. — Summons to settle security to be given by guardian of estate, 511 — Note, Id. — Summons to remove a guardian and appoint another, 5l2 — Note, W. — Summons for leave "to take infant Out of ths jurisdiction, 513-^Nbte, Id.^^SummohS for the purdhase of a commission, aiid for otltflt, 514 — Note, Id. — Summons to article or apprentice infant, 5io —Note of the procedure. Id.— Affidavit of fitness of proposed master, SlO^^Note, Id. — Indenture Of apptehticcship, 617— Note, Id. ' ■ > CONftNTS. XV ir. MANAGEMENT OP PROPERTV. Conditional contract to lease an infant's estate, undei- i W. 4, c. 65, 618— Note, Id. — Summons to carty contl-act into effect, 519 — Note, Id. — Lease of dwelling-liouse by an infant, 520 — Mimite of order approving contract (and the lease to be granted tliereandeT), 521— Note, Id. III. MARRIAGE— AND SETTLEMENT THEREON. Petition of ward of court for inquiry as to proposed marriage, and for approval of settle- ment, 522— Note, Id. — Petition of infant, not a ward, for sanction of a settlement on marriage, under 18 & 19 T. t. 43, 523 — Note of the procedure in chambers. Id. — Summons to proceed on petition, adjourned to chambers, 524- — Note, Id.— Affidavit in support, under 20 Judges' Eeg., 525 — Note, Id. — Consent to act of proposed trustees, 526 — Note, Id. — Clauses for insertion in the marriage settlement of a female infant, to enable her to provide for a future marriage, 527 — Note, Id. — Eecital in settlement of order approving same, 528 — Note, Id. — Minute of order on petition, where infant is a Ward of court, 629 — Note, Id.— The like minute, where infant is not a Ward, 530 — Note, Id. PART XVIII. PEOCEEDINGS UNDER PARTICULAR STATUTES, tNTKOBt'CTlON. L UNDER THE CHARITABLE TRUSTS ACTS. Certificate verifying copy of charity commissioners' order to proceed, 531 — Note of the procedure at chambers, Id. — Summons to proceed, 532 — Note, Id. — Consent of proposed trustees to act, 533 — Note, Id. — Minute of order approving scheme, and appointing trustees,- 534 — Note, Id. IL UNDER 13 & 14 V. c. 35, ss. 19-25, AND 2.3 & 24 V. 0. 38, S. 14— ACCOUNT OF DEBTS AND LIABILITIES. Summons to take an account of debts and liabilities, 535 — Note of the procedure at chambers, Id. — Affidavit in support of application, 536 — Note, Id.^Advertisement for claimants, ordinary form, 537 — Note, Id. — Advertisement, ivhere particulars only of the claims are required in the first instatlce, 638 — Note, Id. — Notice to claimants to prove their claims, 539— Note, Id.— Notice to creditors, under 22 & 23 V. u. 35, a. 29, 540— Note, Id. in. UNDER THE COMPANIES ACT 1862. Summons for inspection of register of members, 541— Note, Id.— Summons to rectify register of members, 542— Note, Id.— Summons for inspection of register of mortgages, 543 — Note, Id.-^Summon8 to proceed with winding up. of company, 544— Note, Id.-'Summona to appoint a provisional official liquidator, 545— Note, Id. IV. UNDER THE DEFENCE ACTS. Summons for investment of compensation in stock, and payment of income to tenant for life, 646— Note, Id.— Affidavit in support, 547— Note, Id. V. UNDER THE 22 & 23 V. c. 35, 9. 30— JUDICIAL OPINIONS, &e. Summons for Judicial opinion, advice, Or dii-ection, 548— Note of the procedure at chambers, Id.-Ptatement to ground application, 549— Note, Id.— Indorsement on sum- mons, 550— Note, Id.— Indorsement on statement, 651— Note, Id. \1. UNDER THE LEGACY DUTY ACT. Summons for a transfer or sale, and payment out, 552-Note of the procedure at cham- bers, Id. — Affidavit in support, 653- Note, Iil. XVI CONTENTS. VII. UNDER THE SETTLED ESTATES ACTS. Petition to approve of a particular lease, 554 — Note, Id.— Summons to appoint a guardian of an infant to make an application, 556 — Note of the procedure at chambers. Id. — The like summons to consent to an application, 556 — Note, Id. — Affidavit in support of application to make or consent, 657 — Note, Id. — Consent to act of proposed guardian, 558 — Note, Id. — Summons by guardian of infant, or committee of lunatic, tenant in tail, for leave to make, or consent to, an application, 559 — Note, Id. — Affidavit by guardian in sup- port, 560 — Note, Id. — Summons to appoint examiner of a married woman, 661 — Note of the procedure, Id. — Affidavitoffitnessof proposed examiner, 562 — Note, Id. — The examina- tion, 563 — Note, Id. — Certificate of examiner, 564 — Note, Id. — ^Affidavit verifying signa- tures to the examination and certificate, 565 — Note, Id. — Exhibit of examination and certificate, 566 — Note, Id. — Minute of examination of a married woman by the Judge in chambers, 567 — Note, Id. — Summons for directions as to notices, 568 — Note, Id. — Directions thereon, 569 — Note, Id. — Form of notice, 570 — Model form of building lease, 571 — Note of the procedure at chambers, Id. — Summons to settle a collection of draft leases, 572 — Note, Id. — Aflidavit in support, 573 — ^Note, Id. — Affidavit verifying engrossments, 574 — N ote. Id. — Certificate of approval, 575 — Note, Id. VIII. UNDER THE STANNARY COURT AMENDMENT ACT. Summons to enrol in chancery a decree or order of the vice-warden, 676 — Note of the procedure at chambers, Id, IX. UNDER THE TRUSTEES BELIEF ACTS. Affidavit by trustee for leave to pay fund into court, 677 — Note, Id. — Summons for a transfer or sale and payment of corpus, or for payment of income, 578 — Note, Id. X. UNDER THE TRANSFER OF LAND ACT— AND DECLARATION OF TITLE ACT. Note. APPENDICES. A. ExTeacts from the CoSsolicatkd, OkdeKS. B. Judges' Regulations of Sth August, 1837. C. I. Table of costs in a receivership. — II. Table of fees collected in tHK Judges' chambers. D. Table of public statutes conferring a susimary jurisdiction on the CouKT of Chancery, On the \ St December, 1863 — Price One Shillbig, or postfiec Is. Id. A TABLE or the SHORT or POPULAR TITLES of PUBLIC STATUTES now in force ; Compiled and alphabetically arranged by John Biddle. London; E. Cox, 102 Chancery Lane, 'W.C. Sp^wfli^- Note 1. Obtaining order of course to amend a bill. The plaintiff cannot obtain the order as of course (in the case mentioned in " Amendment," Sec. I., Ait. 3 (2) ), ii' any defendant, being entitled to move, has served a notice of motion to dismiss the biU for want of prosecution. See C. G. 0. 9, r. 12. Note 2. Amending the recwd of a bill. 1. If a day is specified in the order to amend, the bill must be amended within the specified time, whether such time occurs in term time or in vacation. 2. Whenever any bill upon the file shall be amended, the date of the order to amend, and of the amendment, shall be marked on the record of such bill, and entered in the Record and Writ Clerks' book, and such amended bill shall be deemed to be filed at and from the date of making such amendment. See C. G. O. 9, r. 19. 3. Where the plaintiff obtains an order to amend his bill, and, having obtained no order to enlarge the time, does not amend the bill within due time, the order to amend shall be void, and the cause shall, as to dismissal, stand in the same position as if such order to amend had not been made. See 0. G. O. 33, r. 11. But vacations are not to be reckoned in the computation of the time allowed for amending the bill. See 0. G. 0. 37, r. 13, Art (1). 4. Where original bill filed before the 2nd November, 1852. — ^With respect to the amendment of such bilb, the practice existing before that day shall continue in force. See C. G. 0. 9, r. 23. Note 3. Answer. — Allowance of further time for filing. Where a defendant, using due diligence, is unable to answer within the time allowed, the Judge may, as often as he shall deem right, allow such further time, and on such terms as shall seem to him just, See C. G. 0. 37, r. 8, 156 Appendix. Note 4. Answer. — Time for filing , to amended hill to which an answer is required. C. Q-. 0. 37, r. 4, so fai as it relates to an amended bill, presupposes an amendment after required answer filed to an original bill. But it is likewise applicable to a case where the bill is amended before answer to the original bill, if, upon amendment of the bill, the interrogatories already filed are also amended, or a new set of interrogatories to the amended bill is filed. For, in these cases, it becomes necessary to reserve, or serve, a copy of the interroga- tories, and the time for answering will run from ^uch service. But if it be unnecessary also to amend the interrogatories, the defendant's time (28 days) is, in practice, computed over again from the service of a copy of the amended bill. Note 5. Answer. — Time for filing a voluntary answer. The language of this rule (C. G-. 0. 87, r. 5) has, in practice, been so con- strued as to allow to a defendant 30 days from the service of a copy of the bill, within which to file a voluntary answer to an original bill. And a similar construction has, in practice, also been put upon the language of rule 7 of the same order with respect to the time for filing an answer to a bill which the plaintiff amends without requiring an answer to the amendments. The construction supposes a case in which an answer is required, — ^bill served, appearance entered within the time limited, and interrogatories filed and served within 8 days afterwards, making together 16 days from the service of a copy of the bill, the 14 days mentioned in the rules being then reckoned from, and added to the 16 days. But upon reading the rules in question, in conjunction with the other rules connected therevrith — viz., rr. 4 and 5 of 0. G. 0. 11, — the acceptance of the construction is attended with some difficulty, and it seems question- able whether the customary practice which has arisen upon such construction is really sustainable under the general orders of the Court. Under rules 5 and 7 of 0. G. 0. 37, it is clear that the 14 days do not commence imtil after the expiration of the time within which, if an answer had been required, the defendant might have been served with interrogatories, and upon reference to 0. G. 0. 11, rr. 4 and 5, it will be seen that the time for serving interrogatories is dependent upon the entry of an appearance, and that r. 6 presupposes the entry of an appearance after the time limited for appearing, in which case the plaintifi has 8 days after the actual entry of the appearance, within which he may sei-ve interrogatories, so that, if an answer be required, in the absence of an appearance (and an appearance is always absent where a bill is amended without requiring an answer to the amendments) the time within which the plaintiff may sei've interrogatories does not commence, and cannot therefore expire, and until the plaintifi's (supposed) time expires the defendant's 14 days do not commence. The difiiculty is, however,, chiefly felt in cases where an appearance need not Appendix. 157 be entered, and might, indeed, be altogether removed by limiting the time for filing a Yoluntary answer from service of a copy of the bill. Note 6. Answer. — Tf^ere a third anstcer is held insirffkient. The Coui't may order the defendant to be examined upon interrogatories to the points as to Tvhich it is held insufficient, and to stand committed until he shall have perfectly answered the interrogatories, and he shall pay such costs as the Court shall think fit to award. See 0. G. O. 16, r. 19. Note 7. Answer. — Time for filing by the plaintiff. The Act seems to allude to the old practice, under which the time for answering was 6 weeks after appearance entered. But now the plaintifF is allowed 28 days from the service of a copy of the defendant's interrogatories. In fact, the practice with respect to the time for answering by the plaintiff, and also for excepting to his answer, are the same as in the case of an answer required from the defendant by the plaintifi'. See 15 & 16 Vic. c. 86, s. 19. Note 8. Written anstver. The answer is to be widtten bookwise, upon paper of the same size and description as that on which bills are printed (i. e. cream-wove). See Order, 6 March 1860, r. 1 ; see also C. G. 0. 9, r. .3. The order of 6th March, 1860, is applicable to answers filed both by defendants and plaintifis, see r. 11. But it does not apply to answers filed by parties defending or suing in forvi a pauperis. See r. 15. Note 9. Printed ansxuer. The answer is to be printed on paper of the same size and description, and in the same type, style, and manner on and in which Bills are required to be printed — for which see C. G, 0. 9, r. 3. Note 10. Office copies of schedides to answers. Office copies of schedules of accounts or documents are to be obtained from the office in which the answers are filed. See Order 6 March, 1860, r. 10. 158 Appendix. Note 11. Delivery of office copy of an answer. The printed (office) copy of the answer is, on demand, to be delivered to the plaintiff, who, on receipt thereof, is to pay to the defendant the amount of the stamp thereon (6s.), and at the rate of 4d. per folio for the same. See Ord. 6 March, 1860, r. 7. Other copies demandable hy the plaintiff. The plaintiff is also entitled to demand and receive from the defendant any additional number of printed copies of his answer, not exceeding 10, on pay- ment for the same at the rate of one haLfpenuy per folio. See Ord. 6 March, 1860, r. 8. Note 12. Appeal. — WJiere any Decree or Decretal Order has been made upon Motion — No rehearing or appeal shall be allowed upon motion — but there shall be a petition of rehearing or appeal in the same manner and form, &c., as required for a rehearing where a Decree has been made upon the hearing of a cause regularly set down for hearing. See C. G. 0. 31, r. 8. Note 13. Appeal. — Where Caveat entered 1. Per the time for setting down an appeal where an inrolment of the Decree is sought, but against which inrolment a caveat has been entered. See Caveat, art. 2. 2. Appeal or rehearing to be set down by the Registrar's Clerk upon produc- tion of an order. See Registrars' Regulations, 15 March, 1860, p. 8; see also Appendix, Note 133, art. 1. Note 14. Appeal. — Hearing — consequences of non-attendance. Where a party has been duly served with a copy of an order for setting down a petition of appeal does not appear, there, on proof, by affidavit, of such service, such order shall be made on the rehearing as shall appear to be just. See C. G. 0. 31, r. 7. Note 15. Application to stay proceedings under a decree or order appealed from. Eveiy application to stay proceedings upon any decree or order appealed from shall be made first to the Judge who pronounced the decree or order. See C. G. 0. 6, 1. 12. Appendix. 159 Note 16. Appearance. 1. To an amended bill. It is tliought by some that it is unnecessary to enter an appearance to an amended bill for any defendant for whom an appearance has been already entered to the original bill, and that such an appearance, if presented for entry, ought to be refused. That the requirement of an appearance under such circumstances is unde- sirable may be admitted. But its necessity: can only properly be determined by a reference to the existing rules of Court — and the rules which impose such a requirement are those which regulate the times for filing and serving inter- rogatories. If the plaintiff requires an answer to the amendments introduced into his bm he must file interrogatories for the examination of the defendant,* and the time for filing such interrogatories is 8 days after the time limited for the defendant's appearance ; and the time for serving such interrogatories is regu- lated by the entry of an appearance. See C. G. O. 11, rr. 4 and 5. If, therefore, the respective times allowed to the plaintiif for filing and serving interrogatories are to be limited, a time for the Defendant to appear must of necessity be also limited — and if the defendant is thus required to appear to an amended bill, it would seem that such an appearance, if presented, cannot properly be refused. 2. To wder to revive. The customary practice is as stated in the Manual, notwithstanding that from the terms of the Act 15 & 16 Vie, cap. 86, sec. 52, it would seem that an appearance should be entered to an order to revive, or supplemental order, in the same manner, and within the same time, as to a bill of revivor or supple- mental bill, viz. eight days after service of a copy of the bill. Still, if the party served (being under no disability, or under the disability of coverture only) intends to show cause against the order, the appearance should be entered before the expiration of 12 days from the service of a copy of the order, because the order will, in the absence of cause shown, be absolute at the expiration of such 12 days. If the party is under disability other than cover- ture, the 12 days for showing cause against the order are to be reckoned from the date of the appointment of a guardian ad litem for such party. See C. G. 0. 32, r. 1. Note 17. Application to the Court to add to a decree or order. Where a party has been served, by special leave, out of the jurisdiction of the Court, and the time for making application to the Court to add to the * The only exception to this rule is where the amendment is made before the interrogatories (if any) to the original bill have been answered — in which case the plaintiff may, if his order to amend so provide, amend and reserve such interrogatories without filing a new set. 160 Appendix. decree has been extended (as it usually is, — such extension being dependent upon the place where the party is thus served), such application must, of course, be made within the extended time. Note 18. Bill ot Review (and otber Bills of tbat nature). Grounds for filing. No bill of review, or supplemental or new bill, in the nature of a bill of review, shall be admitted except upon error in law appear- ing on the decree without further examination of matters in fact, or upon new matter discovered after the decree, and which could not have been used when the decree was made. See C. G. 0. 31, r. 10. Note 19. Deposit in case of a mpplemental or nmv bill in the nature of a bill of review. The party exhibiting the same shall first deposit with the Registrar so much money as, together with the deposit required on obtaining a rehearing of a cause, win make up the sum of :£50, to answer costs and damages in case the Court shall at the hearing award any. See C. Q. 0. 31, r. 13. Note 20. Entry of Caveat against Inrolmemt. A caveat against the inrolment of a decree or order made by the Master of the Bolls is to be entered with the under-secretary of the Master of the Rolls — A caveat against the inrolment of a decree or order made by a Vice-Chancellor is to be entered with the Clerks of Records and Writs. Note 21. Prosecution of Caveat against Inrolment. Notice to prosecute the caveat (i. e. notice of tie docket being left to be signed) is given to the party who entered the caveat by the under-secretary of the Master of the RoUs, or by the Clerks of Records and Writs (as the case may be), on the day on which the docket is left to be signed. The caveat is prosecuted with effect by presenting a petition of appeal, and obtaining and serving an order (obtainable on petition of course presented to the Registrar) for leave to set the same down for hearing. Note 22. The practice peculiar to "claims" shall continue in force with respect to claims filed before the 14th day of February, 1860. See C. G, O. Preliminary Order, r. 4. Appendix. 161 Note 23. 1. A company may he woundup* — -whenever (among other things) the com- pany does not commence its business within a year from its incorporation, or suspends its business for the space of a whole year. See 25 & 26 Vic. cap. 89, sec.«80, ai-t. (2). 2. A. company shall be deemed to be unable to pay its debts — whenever (amono- other things) a creditor, in a sum exceeding £50, has served on the company at their registered office a demand, imder his hand, reciuiring payment, and the com- pany has neglected to pay s\ich sum, or otherwise satisfied the creditor, for the space, after the service of such demand, of 3 weeks. See 25 & 26 Vic. cap. 89, sec. 80, art. (1). Note 24. 1. Form of title of petition for winding up a company. Every petition for the winding up of any company shall be intituled in the matter of " The Companies Act, 1862," and of [describing the company by its most usual style or form]. See Ord. 11 Nov. 1862, v. 1. 2. Form of adceiiisement. See Form No. 1, in Sched. to Ord. 11 Nov. 1862. 3. Number of insertions — (1) If the company's registered oiSce, or principal or last known place of business, is or was situate within 10 miles from Lincoln's Inn Hall, once in the London Gazette, and once at least in two London daily morning newspapers. (2) In the case of any other company, once in the London Gazette, and once at least in two local newspapers circulating in the district where the company's r6'dix. 1 63 Note 28. 1. Appointment of a provisional official Uquidator. — Where this is desired an application may, after petition for winding np presented, be made by snmmons, without advertisement or notice, unless the Judge shall otherwise direct — and such liquidator may, if the Judge shall think fit, be appointed without secm-itv. See Ord. 11 Xov. 1862, r. 15. 2. Sides applicable to such an official liquidator. — All the rules from 1 to 58 of the Ord. 11 Nov. 1862, so far as the same are applicable, and subject to the direction of the Judge in each case. See Ord. 11 Nov. 1863, r. 59. 3. Appointment of a new official liquidator. — In case of death, removal, or resignation of an official liquidator, another shall be appointed, in the same manner as on a first appointment — and the proceedings for that purpose may be taken by such party as may be authorised by the Judge. See Ord. 11 Nov. 18C2, r. 16. 4. The solicitor of the official liquidiitor — shall conduct proceedings ordinarilj' conducted by solicitors. Where attendance required, official liquidator need not attend, except when necessary, or the Judge shall direct. See Ord. 11 Nov. 1862, r. 68. Note 29. The Chief Clerk certifies that security has been given by an official liquidator — when the official liquidator has given secm-ity pursuant to the directions in the order appointing him — (as in the case of a receiver appointed in a cause, subject to giving security). See Ord. 11 Nov. 1862, r. 12. Note 30. Investigation of claims by the official liquidator. He shall ascertain the debts justly due from the company— make out and leave at chambers a list of the debts and claims sent in to him, distinguishing which are proper to be allowed without further evidence, and which ought to be proved by the creditors. See Ord. 11 Nov. 1862. r. 22. Note 31. Costs of creditors coming in and proving their debts (under the Companies Act, 1862)— pursuant to notice, shall be allowed, in the same manner as in the case of debts proved in a cause. See Ord. 11 Nov. 1862, r. 27. M 2 164 Appendix. Note 32. 1. The estimation of debts, ^c, admissible to proof by 158th section of the Act — (the Companies Act, 1862)— shall, so far as is possible, be according to the value thereof at the date of the order to wind up the company. See Ord. 11 Nov. 1862, 1'. 25. 2. Interest on debts. Sec, allowed, shall be computed after the rate they carry — as to those not caiTpng interest, then at £4 per cent, per annum from the date of the order to -wind up the compan}', out of assets remaining after satisfying costs of -winding up, debts, &c., established, and interest of such debts, &c., as by law carry interest. See Ord. 11 Nov. 1862, r. 26. 3. A certificate statin// the result of the adjudication shall be made by the Chief Clerk, and certificates as to any debts or claims may be made from time to time. All such certificates shall state whether debts, &c., allowed or disallowed, and whether allowed as against any particular assets, or in any other special manner. SeeOrd. llNov.1862, r. 28. 4. The practice provided by the C. G. 0. So, it. 48, 49, 60, 61, 52, and 55 is applicable to Chief Clerks' certificates made in a matter under " The* Companies Act, 1862." See Ord. 11 Nov. 1862, r. 56. The rules referred to embrace the following points : — (1) Form of certificate, r. 48. (2) Time for taking the opinion of the Judge thereupon, rr. 49-50. (3) When to be signed and adopted by the Judge, r. 51. (4) When motion to discharge or vary certificate may be made, r. 52. (6) When certificate to be filed, r. ^5. See these points more fuUy set forth under heading Decree, Sec. II. Note 33. Kist of contributories. 1. Contents and verification of same. — Such list shall be verified by the affidavit of the official liquidator, and shall, so far as is practicable, state the respective addresses, and number of shaves, or extent of interest of each con- tributory, and distinguish the several classes of contributories. See Ord. 11 Nov. 1862, r. 29. 2. A contribidory becoming bankrupt is liable to contribute, and any person who may have taken the benefit of any Act for the relief of insolvent debtors before the 11th October, 1861, shall be deemed to have become banla-upt. See Act 25 & 26 Vic. c. 89, s. 77. 3. Arrest of contributory about to abscond, ^c. — The Court may, at any time before or after the order for winding up is made, upon proof that there is probable cause for believing that the contributory is about to quit the United Kingdom, or to remove or conceal anv of his property, cause him to be arrested &c. See 25 & 26 Vic. c. 89, s. 118. " ' Appendix. 1 65 Note 34. For the practice applicable to CMef Clerks' certiiicatea made under " The Companies Act, 1862." See Note 32, Art. 4. Note 35. 1. As to voting at meeting of creditors or contributorles. See Ord. 11 Not. 1862, r. 46, and for form of appointment of proxy to vote, see Form No. 46, in Sched. to the same Order. 2. As to the appointment of chairman of such meeting, and his report. See Ord. 11 Nov. 1862, r. 47. Note 36. 1. Qualificcdion for cMendance of contributory or creditor. — Every contributorj"^, for the time being, on the list, or creditor whose debt is allowed, may, at his own expense, attend such proceedings as he may (by request in wilting) desire to have notice of. See Ord. 11 Nov. 1863, r. 60. For further condition as to costs, see the same rule. 2. Appointment of represeiitatires of classes of contrihutm-ics. — The Judge may, from time to time, appoint any one or more of the contributorles or creditors to represent before him any class of the contributories or creditors in any proceed- ing before him relating to the winding up of the company, and may Mmove such person or persons — and one solicitor only shall be employed in any such representation. See Ord. 11 Nov. 1863, r. 61. Note 37. 1. Address of letters, containing notices, Sfc, to creditors, ^-c, to be addressed to the solicitor of the party to be served (if any), or to the party himself at the address entered by him (at chambers, as required by r. 62). If no such entry made, then, if a contributory, to his last known address or place of abode ; if a creditor, to the address given by him pursuant to rule 20 (when sending particulars of his debt to the official liquidator). See Ord. 11 Nov. 1862, r. 6.3. 3. Omission of christian name, or initials thereof only in notice, (§•(.'. not to invalidate any service under the rules (11 Nov. 1862), provided the Judge is satisfied that such service is in other respects sufficient. See Ord. 11 Nov. 1862, r. 64. ________ Note 38. Notice of an intended caU— may if the Judge shall ao direct, be given by adver- tisement. See Ord. 11 Nov. 1862, r. 33. 166 Appendix. Note 39. Service of cmi/ order for pai/meiit into the Bank. — At the time of service of the order, the official liquidator shall give to the party served a notice, informing him how payment is to he made (see Form No. 40 in Sched. to'Ord. ]1 Nov. 1862), and hefore the time fixed for payment he shall furnish the cashier of the bank with a certificate, (see Form No. 41 in same Sched.) to he delivered by the cashier to the party paying- the money. See Ord. 11 Nov. 1863, r. 39. Note 40. Final m-der for paymetit of a Call. — Such an order may, either before service of the former (first) order, or after the time thereby fixed for payment, be made, without notice, for payment to the official liquidator, in cases where a specific sum has been ordered to be paid into the baiilf, and it shall be thought proper to make such order to enable the official liquidator to take proceedings to enforce payment. See Ord. 11 Nov. 1862, r. 38. Note 41. Delivery out uf securities, and payment out and investment of monies. For the practice as to, see Ord. 11 Nov. 1862, it. 42, 43, and 44. Note 42. Consequences of default hi/ official liquidator in not paying monies into the tank. — He shall be charged in his account ten shillings for eveiy :eiOO, and a proportionate sum for any larger amount retained beyond the period allowed, for everj' seven days during which it is so retained, and the Judge may disallow his salary or remuneration. See Ord. 11 Nov. 1862, r. 36. Note 43. Register and file of proceedings tinder " The Companies Act, 1862," to be kept as required by r. 57 of Ord. 36 of the 0. G. 0. (that is, with dates, &c., " so that all the proceedings may appear consecutively, and in chronological order "^ See Ord. 11 Nov. 1862, r. 57. ^" And such register and file shall be kept by the official liquidator, or as the .Judge may from time to time direct. See Ord. 11 Nov. 1862, r. 58. Note 44. The order dissolving the company is to be reported to the Registrar (of Joint Stock Companies). In case of default by the official liquidator, he shaU be liable to a penalty of £b for every day during which he is so in default. See 23 & 26 Vic. c. 89, ss. 113 and 114. Appendix. 167 Note 45. Ciistoch/ of books of account, ^-c. of a compuiiij icound iip.—AUev tLe lapse of 5 yeara from tlie date of the dissolution, no responsibility shall rest on the company or the liquidators, or any one to v.']iom the custody of the books, accounts, and documents of the company has been committed, by reason that they cannot be made forthcoming. See 25 & 26 Vic. c. 89, s. 155. Note 46. Extencled time expiring in the Long Vacation. Some contend that the provisions of the rule (C. G. 0. 37, r. 15) only apply to the periods of tijaie specified in the rule, and not to any extensions, by special order, of such periods, and, consequently, that if any such period is extended to a day in the Long Vacation, the time wiU expii'e on that day. Such a construction is certainly not in harmony with the spirit of the rule, nor is it, it is believed, generally acted on. Moreover, it seems to regard a further period of time appointed as altogether a neiD appointment of time — -whereas an extension of a time simply preserves and prolongs the original appointment — leaving all other connected rights and liabilities to accrue and be consequent &-om and after the expiration of the extended period. And the general order may, in such case, be read as if the further period appointed were the period specified in such order. As supporting this view, see Time, Art. 1. Note 47. Extension of time for filing affidavits in answer to a motion for a decree. — Where the period of 14 days shall be extended under the rule, the 7 days within which the plaintiff' is bound to file his affidavits in reply shall be taken to coin- mence from the expiration of such extended period. See Ord. 37, r. 15. Note 48, Cmitempt. Any one who uses violence or abusive language to any person serving the process of the Court, or scandalous or contemptuous words against the Court or its process, may be committed upon motion, on notice to the person offending. See C. Gc. 0. 42, r. 2. Note 49. Office copies. — The copies referred to in the rule are office copies of proceedings filed in the Report office — of answers,* exceptions, pleas, and demun-ers — of depositions of witnesses and examinations of parties, to be made for^and taken * Now that answers are printed the office copy (for use in the cause) must be procured from the party who files the answer. See Answer, Sec. II., Art. 3 (1), also Appendix, Note 11. 168 Appendix. by the party on whose behalf such depositions and examinations are taken — of affidavits to be made for and taken by the party filing the same — and of affida- vits (filed by claimants) to be taken (by the party prosecuting the cause or matter) under 0. Q. O. 35, r. 39. See 0. Gr. 0. 36, r. 1. (Copies of accounts, or of ti-anscripts thereof, referred to in a Chief Clerk's certificate, need not be taken by any party. See C. G. 0. 35, r. 46.) The form, &c. of such copies is also regulated by C. G. 0. 36, r, 1 ; and all oifice and other copies (other than copies of transcripts of accounts made in the office of the Accountant-General) are to be " counted and charged for after the rate of 72 words per folio, and where such copies, or any portion thereof, shall comprise columns containing figures, each figure shall be counted and charged for as one word." See Regulations to C. G. 0. IV., 1. 4. Note 50. Prodtection of office copy in the proceedings. — ^Any party or solicitor who has taken any such office copy shall produce the same in Court or in chambers when required. See C. G. O. 36, r. 10. Note 51. Copies to he made hy parties or solicitws — The copies here referred to are, " copies of pleadings, and other proceedings in the Court, and of the documents relating thereto," excepting such copies as are mentioned in the 1st rule of C. G. O. 86 (and as are specified in Note 49). See C. G. 0. 36, r. 3. And all such copies are to be counted and charged for in the same manner as office copies (see Note 49). The form, &c. of such copies is regulated as follows : — The copies are to be written on paper of a convenient size, with a sufficient margin, in a neat and legible manner (C. G. 0. 36, r. 11) — copies of bills of costs are to be made side for side, so as to con-espond with the bills of costs left in the (Taxing Master's) office (C. G. 0. 36, r. 7) — and the folios are to bo numbered consecutively in the margin — the name and address of the party or solicitor by whom the copy" is made is to be indorsed — such party or solicitor is to be answerable for the copy being a true copy (C. G. 0. 36, r. 8) — and if not made " with due care, both as regards the contents and the wiiting thereof," the party shall not be entitled to be paid for the same (C. G. O. 36, r. 11), nor be allowed for the same on taxation, nor, indeed, unless the same shall appear to have been requisite (C. G. O. 36, r. 13). Note 52. Bequest for copies. — The party or his solicitor requiring any copy shall make a written application for the same, with an undertaking to pay the proper Appendix. 169 charges — and thereupon the copy of the document shall be made by the party or his solicitor filing or leaving the same, or who may have taken an office copy thereof. See C. G. 0. 36, rr. 4 and 5. Note 53. Charge for copies. 1. In ordinary cases the charge shall he at the rate of fourpence per folio. 2. Where the copy is furnished to a person suing or defending in formd pauperis, the charge shall he at the rate of one penny halfpenny per folio. But if such person shall become entitled to receive dioes costs, the charge for any such copy (other than a copy delivered by the party himself, who is directed to pay the costs, and not by his solicitor) shall he foui'pence per folio, not, how- ever, to be so allowed, on taxation, imtil payment or tender of the additional twopence halfpenny per folio. 8. Where the copy is furnished by a person suing or defending in formd pauperis, the charge for any copy (other than copies delivered by his solicitor) shall be at the rate of one penny halfpenny per folio. See Regulations to 0. G. O. rV., rr. 1, 2, and 3. Note 54, C'onseque)ices of refusal or neglect toftirnish copies. Where any party or solicitor either refuses to deliver, or does not deliver the copy within the 48 hours, the person may procure a copy from the office in which the original shall have been filed, and in such case no costs shall be due or payable to the defaulting party in respect of the copy applied for. See C. G. O. 36, r. 12. And, further, an addition of 2 clear days shall be made to the period within which any proceeding to be taken after obtaining the copy ought to be so taken, so that the person requiring the copy may be as little prejudiced as possible by the neglect. See C. G. 0. 37, r. 16. Note 55. Evidence to be used on application for order to revietv taxation of costs. The motion or petition (for order to review taxation) shall be determined upon the evidence brought in before the Taxing Master — no further evidence shall be received, unless the Court shall otherwise direct. See 0. G. O. 40, r. 36. Note 56. Documents to be left with the Registrar on bespeaking a decree or order. — See " Regulations of the Registrars," issued 15th March, 1860 ; also 0. G. 0. 18, r. 5. 1 to Appendix. Note 51. "" ' ;" Settlmj and passing decree or order by the Registrar. 1. AVithout notice to any party— Notwithstanding the rules, the Ee^strar may, in any case in -which he may think it expedient so to do, settle and pass the decree or order without making- any appointment for either purpose, and without notice to either party. See C. G-. 0. 1, r. 32. 2. Where the order has been made on a petition, or where written admissions are entered as read — No order made on a petition, and no order to make a sub- mission to arbitration, or an award an order of the Court, and no decree or order wherein any written admissions of evidence are entered as read,' shall be passed imtil the original petition, &c. shall have been filed in the Report office, and a note thereof made on the order by the Clerk of Reports (now the Clerks of Records and Writs). See C. G. 0. 23, r. 23. 3. Date of decree or order — In drawing up any decree or order, it shall not be necessary to insert the year of the Sovereign. See C. G. 0. 23, r. 1. 4. A decree founded on a bill taken pro confesso is to be passed and entered as other decrees. . See 0. G. 0. 22, r. 10. Note 58, 1. Attetulanee upon adjournments fm- settling and passing decrees and orders. — The parties who attended the (original) appointment made by the Registrar, shall be bound to attend any adjournment made by him, vrithout further notice. See C. G. 0. 1, r. 31. 2. If any party fails to attend the Registrar's appointment for settling or parsing a decree or order, the Registrar may proceed to settle or pass the decree or order in his absence. See C. G. 0. I, r. 28. Note 59. Entry of date, Sro. of decrees and orders in the Cause Books kept hj the Clerks of Hecords and Writs. The date of every decree and order made in each cause shall be entered by the Clerks of Records and Writs in their respective Cause Books — and the entry shall contain a reference to the date and folio of the Registrar's Book. See C. G. 0. 1, rr. 49 and 50. The preceding rules shall not apply to any cause commenced before the first day of Michaelmas Tei-m, 1852. See 0. G. 0. 1, r. 61. Note 60. 1> Bringing decree or order into C/iambers. — The party proaecfiting itny decree of order shall leave a copy thereof at the Judge's chambers, and shall certify the same to be a true copy. See C. G. O. 35, r. 15, Appendix. ] 7 1 2. Prosecietion of deci-ee in Chambers diiniiff the interval of the sittings of the Court '. — As to this, see Note 70. 3. Conseguences of neglect or default in pronecutiiiff any proceeclimj in Chambers. — In case of default by any receiver in leaving or passing account, or in making- payment, or in case any other proceeding pending at chambers is not prosecuted ■with due diligence, any of the parties may be required to attend at chambers at a time to be appointed, to show cause -why the proceeding has not been pro- secuted — and thereupon directions may be given at chambers, or by adjourn- ment in open Court, to ensure prosecution thereof by some person interested iherein — for discharge of receiver, appointment of another, and payment of costs incurred by neglect or defaidt. Or, certificate of Chief Clerk certifying neglect or default, or abandonment or abatement of proceedings or otherwise, may be made and filed without fee — and after such certificate made, imlesa discharged, no party shall further prosecute the proceedings at chambers, imtil Court or Judge shall, upon application, order same to be prosecuted — and upon such certificate becoming binding any party may apply to the Court, and the Court may make order as to costs, and to- relieve any party from effect of decree or order before made or proceeding taken, but not duly prosecuted or otherwise; And for the purposes aforesaid any party, or the solicitor of the Suitors' Fimd, may be directed to summon the persons whose attendance is required, and to conduct proceedings and carry out directions — and the costs of such solicitor shall be paid by such parties or out of such funds as the Court or Judge may direct. If costs of such solicitor not otherwise paid, they shall be paid out of the Suitors' Fund. See C. a. 0. 36, r. 23. Note 61. Dispeii-sation loUh notice of a decree w order, or substitution of other notice in lieu thereof. Where, upon hearing the summons to proceed, it appears to the Judge that by reason of absence, or other sufficient cause, service of notice of the decree upon any party cannot be made, or ought to be dispensed with, the Judge may wholly dispense with service, or may order substituted service, or notice by advertisement or otherwise, in lieu of service. See C. G. 0. 35, r. 18. Note 62. Directing further accounts and inquiries : — ^Where it appears to the Judge to be expedient that further accoimts or inquiries be taken or made, he may order the same to be taken or made accordingly— or, if desired by any party, may direct the same to be considered in open Court. See C, G. 0. 3-5, r. 19. Note 63. Proceedings in Chambers under decree— Bepresentation of each class of interests. Where, at any time during the prosecution of the decree or order, it appears to the Judge, with respect to the whdle or any portion of the proceedings, that 172 Appendix. the interests of the parties can be classified, he may require the pai-ties consti- tuting each or any class to be represented by the same solicitor. If the parties cannot agree upon the solicitor to represent them, the Judge may nominate such solicitor. If any party declines to authorise the solicitor so nominated to act, and insists upon being represented by a diiferent solicitor, such party shall personally pay his own solicitor's costs of the proceedings before the Judge, also such costs as may be occasioned to any of the parties by such distinct represen- tation — See C. G. 0. 35, r. 20 — and where the same solicitor is employed for two or more parties, the Judge may require that any of the pai-ties be repre- sented before him by a distinct solicitor, and may adjourn the proceedings imtil such party is so represented. See 0. G, 0. 35, r. 21. Note 64. Attendmiee in Chambers in prosecution of a decree or order. — If a time for further attendance is appointed, the parties shall attend without further sum- mons. See 0. G. 0. 35, r. 14. If the parties summoned fail to attend, the Judge may proceed exparte. As to this see C. G. O. 35, rr. 10 and 11, fully set forth under title "Summons, originating proceedings, iSrc. " Note 6.3. Power of Judge to give special directions in tfw prosecution of a decree or order in clmmbers. — The power of the Court and Judge in chambers to enlarge or abridge the times of procedure, and to give any special directions as to the course of proceeding, is not affected by 0. G. 0. 35— See 0. G. O. 35, r. 62— and the course of proceeding in chambers shall ordinai-ily be the same as in Court upon motions. No states of facts, charges or discharges shall be brought in. But, when directed, copies, abstracts, or extracts of or from accounts, deeds, or other documents and pedigrees, and concise statements, shall be supplied for use of Judge and Chief Clerk, and, if directed, copies shall be handed to the other parties. But no copies shall be made of deeds or documents where the originals can be brought in, unless Judge otherwise directs. See C G O 35, r. 26. Note 66. Advertisement for creditors, &,c. 1. Preparation of the advertisement. — The advertisements shall be prepai-ed by the party prosecuting the decree or order, and submitted to the Chief Clerk for approval, and, when approved, shall be signed by him— and such signature shall be a sufiicient authority to the printer of the " Gazette " to insert the same. See C. G. O. 35, r. 36. 2. Niimber of advertisements.— A peremptory and only one advertisement Appendix. 173 shall be issued, unless for any special reason further advertisements may be thought necessary. See C. Gr. O. 35, r. 35. 3. Number of insertions. — Any advertisement may be repeated as many times, and iu such papers as may be directed. See 0. Gr. 0, 35, r. 35. Note 67. Claimants coming in pursuant to advertisement.- — Where a decree or order, made in Coiu't or in chambers, directs an account of debts, claims, or liabilities, or an inquiry for heirs, next of kin, or other unascertained persons, unless otherwise ordered, all persons who do not come in and prove their claims within the time fixed by advertisement shaU be excluded from the benefit of • the decree or order. See 0. G. 0. 35, r. 12. After the time fixed by the advertisement no claims shall be received (except as provided in case of an adjournment), imless by special leave upon application by summons, and upon such terms and conditions as to costs and otherwise as the Judge shaU think fit. See C. G. O. 35, r. 43. Note 68. Attendance Upon the hearing of claims brought in pursuant to advertisement. — Claimants claiming debts not exceeding £6 need not attend on the day of hearing, unless required so to do by notice from some party. See C. G. O. 35, r. 42. Making out a list of tlie claims. — A list of all claims allowed shall, when required by the Judge, be made out and left in the Judge's chambers by the party prosecuting the decree or order. See 0. G. 0. 35, r. 44. Note 69. Form and contents of a Chief Clerk's Certifieate. A form of certificate is appended to the C. G 0., Sched. M. Such certificates shall not, except under special circumstances, set out the decree or order, or any documents or evidence, or reasons, but refer to the decree or order, documents, and evidence, or particular paragraphs thereof, so that it may appear upon what the result stated is founded. See 0. G. 0. 35, r. 47. Where an account is directed, the certificate •shall state the result of such account, and not set the same out by way of schedule, but refer to the account verified by the afiidavit filed, and specify by numbers attached to the items in the account which, if any, of such items have been disallowed or varied, and state what additions, if any, have been made by way of surcharge. And where the accoimt has been so altered that a fair transcript thereof is necessary, such transcript may be required to be made by the party prosecuting the decree or order, and shall then be referred to by the certificate. See C. G. 0, 35, r. 46. 1 74 Appendix. NOTK 70. 1. In the interval between the close of the Sittings after any term and the com- mencement of tlie sittings before, or at the beginning of the next ensuing term, any Judge may sign and adopt any certificate made by the Chief Clerk of any other Judge — and in all such eases it shall be expressed that he does so for such other Judge — and such certificate shall be deemed to be signed and adopted by such other Judge, save that no application to discharge or vary such certificate shall be made to such other Judge -without the consent of the Judge by whom it has been signed and adopted, and who shall have the same power to discharge or vary the certificate as if it had been made in pursuance of a decree or order made by himself. And decrees or orders made by any Judge may (during such interval) be pro- secuted at the chambers of any other Judge by his permission, and, if not com- pleted during such interval, the prosecution thereof may be continued at the chambers of the same Judge, if and so far as he shall think fit. See C. G. 0. 35, r. 59. 2. In what case a Cliief Clerhh certificate may he acted on without heing signed and adopted hy the Judge : — Where the Court directs computation of interest, or apportionment of any fund, which is to be acted on by the Accountant-General or other person without further order, the decree or order may direct such com- putation or apportionment to be made by the Chief Clerk, and that the certificate thereof, signed by such Chief Clerk, be acted upon without the same being signed and adopted by the Judge. See C. G. 0. 35, r. 45. Note 71. , Who may enforce a decree or o/rder. Every person not being a party in any cause, in whose favour an order is made, may enforce it in like manner as if he were a party — and so an order may be enforced in like manner against any such party. See C. G. 0. 29, r. 2. Note 72. Enforcing a decree or order hy Attachment. A decree or order can be enforced by attachment, and other consequent pro- cess, only in cases where the decree or order limits a time, or a time after service of the decree or order, within which the act is to be done. See C. G. 0. 23, r. 10. Appendix. 175 Note 73. IToio due Service of a decree or order is to he effected. Due sei-vice is effected by serving tlie person required to do the act (or, in tlie case of a corporation, the seeretary-or other responsible officer of the corpo- ration) personally -with a true copy of the decree or order, such copy being indorsed with notice of liability in case of default, in the form required by and set forth in C. G. 0. 23, r. 10 (and see Memorandum, Art. 3), a4id no demand is necessary. See C. G. 0. 29, r. 1. But an affidavit proving the defaidt must be made by the party (or by one of the parties, see Gwj-nne v. The Camiarthen and Cai-digan Railway, 1860, G. No. 107) to whom the money is payable, or the property is deliverable. Note 74. As to Service of a decree or orcler, whei'e such decree or order is to be enforced hy Fieri Facias en- Flegit. Such process may be sued out without previous service of the decree or order, unless, indeed, the decree or order directs service. Note 75. 8e>-vice of Notice of a decree or order. Where a party is to be served out of the jurisdiction an order should be obtained for that purpose, and the time for applying to the Court to add to the decree will be extended, dependent upon the place where the party to be served resides. The application to add to the decree should, of course, be made witbiu the time so extended. Note 76. Time for filing Demurrer. The rule clearly applies to any original or amended or supplemental bill to which an appearance is required and entered. But where a bill is amended without reqiuring an answer to the amendments, a further appearance is not required. If, in such case, a demuu'er is to be filed, it is customary to file it within 12 days from the service of the copy of the amended bill. Sometimes, indeed, an appearance is volimtarily entered to the amended bill, and thus the time for filing the demurrer (12 days) is fixed. It is presumed, however, that by analogy of practice (that is, by analogy to the practice with respect to filing a voluntary answer to an amended bill) a defendant would, in such a case, be entitled to demur within 12 days after the expiration of the time within which he might have entered an appearance, if an appearance had been required, that is' lo'say, within "20 days after the service of the copy of the amended bill, 176 Appendix. The difficulty of computing the time might be altogether removed, both in this case and in the case of a voluntary answer, by limiting the time, in each case, from the service of the copy of the bill. Note 77. Time for fllin^ Semurrer. — By a defendant served ivith bill and itderroga- tories out of the Jurisdiction. The time for demurring alone is, in such cases, seldom expressed in the order directing service of the bill, &c. The language of such orders is usually to the effect of limiting a time to "plead, answer, or demur, not demurring alone." Consequently, a defendant thus served must, if he intends to demur alone, file the demurrer within the ordinaiy time, viz. within 12 days from the entry of his appearance. Note 78. Distrinffaa to restrain transfer of stock) ^c. The Bank of England only is mentioned in the rules and in the section of the Act (5 Vic. c. 5) under which such writs are is.9ued. But, in practice, such writs are issued to restrain transfer, &c. of stocks, &c. standing in the books of any public company. Note 79. Inspection of the entries of Orders on petitions of Course, and dravm up at the Soils. — Such entries shall be accessible to the suitors and their solicitors during office hours, without payment of any fee. See C. G. 0. 23, r. 17. Note 80. Sndence taken subsequently to the hearing of a cause. The rules (as to evidence) shall extend and be applicable to evidence taken in any cause subsequently to the hearing thereof. See 0. G. 0. 19, r. 10. But (when so applied to evidence to be taken before an examiner) shall be subject to any special directions which mav be given in any particular case. See 0. G. 0. 19, r. 11. Note 81. The evidence in causes in which issue shall have been joined before the fli'st day of Easter Term, 1861, shall be taken according to the practice existing on the 5th February, 1861. See Ord. 5 Feb. 1861, r. 17. Appendix, 177 Note 82. Filing- affidavits. — Memorandum to be wntteii at foot tliereof. No affidavit filed on or after tlie first day of Easter Term, 1861, shall be used as evidence, unless there be -written at the foot thereof, at the time of filing the same, the following form of memorandum, " This affidavit is filed on the part and behalf of the plaintiffs " [or of the defendants M and N]. See Ord. 5 Feb. 1861, r. 18. Note 83. Evidence. 1. Agreement to take evidence orally. — The agreement must be signed by the parties or their respective solicitors, and filed at the Record and Writ Clerks' Office. See Ord. 5 Feb. 1861, r. 10. 2. Conduct of the examination. — If by virtue of the agreement any -witness or person is examined in chief before an examiner, the cross-examination and re- examination of such -^vitness or person shall be taken before the same examiner or his successor in office — and the cross-examination of every -witness examined in chief shall immediately follo-w his examination in chief, and the re-examination of any -witness or person cross-examined shall immediately follow his cross-examination. See Ord. 5 Feb. 1861, r. 10 ; also, C. G. O. 19, r. 8. 3. Deposit to be made icith the e.iaminer. — Every party desirous of having an oral examination of -witnesses before one of the examiners of the Court shall, at the time when he obtains an appointment for the purpose of having such examination taken, deposit with the clerk of the examiner the svim of £3. See Ord. 1 Jan. 1862. (The deposit is rec|,uired as a guai'antee for the due attendance of the party obtaining the appointment. As to how such deposit will be dealt with in case either of non-attendance, or of due attendance, see the same order, which order came into operation on 1 Feb. 1862.) Note 84. Production of a -witness for cross-examination. 1. Costs of the production. — The pai'ty producing the deponent or witness shall be entitled to demand the expenses thereof in the first instance from the party requiring the production ; but such expenses shall ultimately be borne as the Court shall direct. See Ord. 5 Feb. 1861, r. 19. 2. Consequences of default in producing the witness. — Unless such deponent or -witness be produced accordingly, such affidavit or examination shall not be used as evidence, except by special leave. See Ord. 5 Feb. 1861, r. 19. 1 78 Appendix. 3. Mode of compelling the attendance of the witness. — The party to whom the notice to produce the deponent or ■witness for cross-examination is given may compel the attendance Toy subpcena. See Ord. 6 Feb. 1861, rr. 20 and 9. 4. Fixing a day for the Jiearing of the cause. — Where, in any cause in which issue is joined, notice to produce a deponent or witness for cross-examination at the hearing is given, either party may, upon notice, apply to the Court, or to the Judge at chambers, to fix a day for the hearing of the cause. See Ord. 5 Feb. 1861, r. 21 ; see also r. 8. Note 85. Notice of intention to examine or cross-examine a ivitness. It may, perhaps, be thought that the further notice of intention to cross- examine the witness is superfluous, such intention being implied in the notice (previously given) to produce the witness for that purpose. But the notice to produce the witness is only a preliminary notice, and must be served within a limited time after the closing of the evidence, or the filing of the affidavit upon which the cross-examination is desired, and, perhaps, long before it is known when such cross-examination can actually be proceeded with. Moreover, the witness is entitled to reasonable notice (hence the provision of 48 hours' notice), but the party receiving the notice to produce the witness may not know, and, generally, does not know when it may be necessary to give notice to the witness to attend. Hence, the further notice of intention to cross-examine is useful and necessary as intimating when and where the witness is to attend to be cross- examined. The foregoing remarks are supported by the following further proviso of the practice in connection with the notice in question : — • The notice of intention to examine or cross-examine a witness is to contain the name and description of the witness, and the time and place of such examination or cross-examination. See Ord. 5 Feb. 1861 , r. 22. Note 86. Printing: evidence. What evidence need he printed : — Affidavits and depositions to be used at the hearing are to be printed only in causes in which issue shall have been joined, or a notice of motion for a decree served, after the 18th June, 1862. See Ord. 16 May, 1862, r. 1. But affidavits and depositions (to be used at the hearing, and) which shall have been filed for interlocutory applications, and of which office copies shall have been taken, are exempted from the operation of the order as to printing the evidence. See Ord. 16 May, 1862, r. 9. In Hill V. The South Staffordshire Eailway Company (Vice-ChanceUor Stuart at chambers, 27th June, 186.3), the evidence was, by consent, ordered to be printed, notwithstanding that the replication was filed before the I8th June 1862. ' Appemdix. 179 E\-idence is printed under the direction and superintendence of the Clerks of Records and Writs. See Ord. IC May, 1862, r. 2. Note 87. The fair copies, for the printer's use, of Depositions of Witnesses are made in the office under the du-ection of the Clerks of Records and Writs. Note 88. Taking; copies of printed evidence. 1. Office copy : — Every party who flies an affidavit, or causes depositions to be taken, is to take from the Clerks of Records and Writs a printed copy, for ■which he is to pay twopence per folio — and imless such copy is taken he is-not to be allowed, on taxation, any costs in respect of such affidavit or depositions. See Ord. 16 May, 1862, r. 6. 2. Other copies : — All parties may take from the Clerks of Records and Writs as many other printed copies of their own and of their opponent's affidavits and depositions as they may require, paying one penny per folio for the same. See Ord. 16 May, 1862, r. 7. 3. W7tej8 printed copies ivill he ready for delivery : — Ordinarily the printed copies of the evidence will be ready for delivery within 48 hours after the application to have the evidence printed is made. (See Clerks of Records and Writs' suggestions and instructions, dated 13 June, 1862, Xo. 6.) Note 89. Affidavits in reply. To be used on a motion for a de&ree :— Except so far as such affidavits are in reply they are not to be regarded by the Court, unless upon the hearing of the motion leave is given to the defendant to answer them — and in that case the costs of such affidavits, and of the further affidavits consequent thereon, shall be paid by the plaintiff, unless the Court shall otherwise direct. See Ord. 33, r. 7. No further evidence on either side shall be used upon such motion without leave of the Court. See Ord, 33, r. 8. Note 90. Filing Exceptions to answer for Insufficiency : — The provisions of the practice ai-e applicable only to answers to interrogatories. Such exceptions can be filed to voluntaiy answers only by special leave of the Court. N 2 180 Appeisdix. Note 91. Exceptions for Insufficiency. — Setting cloton for hearing. Such exceptions shall he set down for hearing, hy the Registrar, upon the production of a certificate of the Clerk of Records and Writs of the filing of the exceptions, or of a further answer (on the same day the certificate is left — see Appendix, Note 133, art. 1) — and the same shall be advanced and put in the paper on an early day. See C. G. 0. 16, r. 10. And shall not be allowed to stand over (for argviment) to an indefinite period. See 0, G. 0, 21, r. 13. Note 92. Bxceptions for Scandal. — Setting doim for hearing. The preceding note is alike applicable to exceptions for scatadal. See^ there- fore, Note 91. Note 93. Fees of Court. — To he collected hy stam2}S. The fees of Court (save as provided by 0. G. 0. 39, r. 8) shall be collected not in money but by stamps — denoting the amount of such fees — ^to be provided and used as by the statute 15 & 10 Vic. c. 87 is directed. See C. G. O. 39, r. 8. The before-mentioned proviso (C. G. 0. 39, r. 8) is applicable to a case where the costs are ordered to be paid out of a fund in Court, in which case the amount of the fees of taxation is to be certified by the Taxing Master, and not to be payable by stamps, hut carried over hy the Accountant-General to the credit of the Suitors' Fee Fimd. See also C. G, 0. 40, r. 40. Note 94. Fees of Court. 1. Amounts of stamps provided: — Id., 3d., id., Qd., 8d., Is., Is. Ad., Is. Bd., Is. 8d., 2s., 2s. 6d., 2s. 8d., 3s., 3s. 6d., 4*., 5s., 7s., 8s., 10s., 14s., £1, £2, £3, £4, £5, £10. See Regulations to 0. G. 0., schedule 5. 2. Mode of ming stamps :— Such stamps shall be stamped or affixed, 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- ceedings. See C. G. 0. 39, r. 5. And where stamps upon adhesive paper are used, the stamp affixed to the document shall be of an amount corresponding as nearly as is practicable Appemiix. 181 witli the amoirnt of tlie stamp which such document requires. See 0. G, 0. 39, r. 7. XOTE 9,3. Appointment of Ouardian ad litem. Mo(?e of sen-ice of notice of application by the Plaintiff. The notice must be served upon or left at the dwelling-house of the person with whom, or rmder whose care, such defendant was at the time of serving the copy of the bill, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) ser\-ed upon or left at the dwelling-house of the father or guardian of such infant, imless the Court, at the time of hearing such application, shall dispense with such last-mentioned service. See C. G. 0. 7, r. 3. XoTE 96. Hearlngr of Causes and Matters. Consequence of Solicitor's non-attendanee. Where, upon the hearing, the cause or matter cannot proceed, by reason of the solicitor for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court, such solicitor shall personally pay to all or any of the parties such costs as the Court shall award. See C. Gr. O. 21, r. 12. Note 97. l^IPERTINENCE. vnien and bow tbe Impertinence is to be determined. 1. TfTiere the matte}- is before t7ie Court : — Where, upon the hearing of any cause, petition, or motion, the Court is of opinion that any pleading, petition, or aiBdavit, or any part thereof, is improper, or of unnecestaiy length, there, unless the same has been referred for impertinence under the practice existing before the passing of the Act 15 & 16 V'ic, cap. 86, the Court may either declare such pleading, &c. to be improper, &c. or may direct the Taxing Master to dis- tino-uish what part is improper, &c. and to ascertain the costs occasioned to any party thereby; and may make such order as is just for the payment, set-off, or other allowance of such costs. See C. G. 0. 40, r. 9. 2. Whei-e the nuitter is in Chambers : — The Judge may (without application made to him for the purpose) disallow any part of any statement, affidavit, or other proceeding before him, as may appear to him to be impertinent or unnecessary — and the Chief Clerk shall distinguish by his initials in the margin the parts so disallowed, and state such disallowance in his certificate as to the inquiry on which such statement, &c. shall have been used — and, on taxation, 182 Appesdix, no. costs shall be allowed in respect of the matter disallowed— and the Taxing Master shall allow to the other parties all costs occasioned by reason of the matter disallowed, and such costs shall be paid by the party on whose behalf such statement, &c. was brought in. See C. G. O. 40, r. 10. Note 98. Inrolmetit Of a decree or order (after 6 months and within 5 years from the time the same shall have been made) : — Any party desu'ous thus to inrol a decree or order may apply, by motion, to the Judge to whose Court the cause is attached for an order for that purpose-' and such order, vmless made by consent of the opposite party, or on notice to all the parties, shall be conditional in the first instance, but shall become absolute without further order, unless cause be shown against it within 28 days after service thereof. See C. G. 0. 23, r. 26. NoTK 99. Inrolment. 1. Signim/ the docket {by the Judge). If the decree or order wais made by the Master of the Rolls, the docket is first signed by His Honor, and afterwards by the Lord Chancellor. If the decree or order was made by a Vice-Chan- cellor, the Lord Chancellor alone signs the docket, but his Lordship signs the decree or order also. Note 100. Engrossing the docket on parchmeni. The engrossment of the docket, " in proper foi-m," consists in its being written (with the exception of the certificate and signatures appended to the docket) on slips of pai-chment of about 8 inches wide, such slips being affixed together, not one behind the other, but rmming on as one continuous roll. Note 101. Computation of Interest on debts. A creditor, ivhose debt does not carry intei-est, who establishes the same in chambers shall be entitled to interest upon his debt, at 4 per cent, per annum, from the date of the decree or order (out of any assets remaining after satisfying costs of suit, debts established, and interest of such debts as by law carry interest). See C. G. 0. 42, r. 10. Appendix. 183 XOTE 102. Interroira.tories. — Filiiuj hy the plaintiff' to cm amended bill. The practice is as follows : — 1. If the plaintiif amends a bill to which iiitorroyatories have been filed for the examination of a defendant, he may, if such interrogatories have not been answered by any defendant, obtain leave, by the same order, to amend the interrogatories also, re-servioe only of a duly sealed copy of such interrogatories, as amended, being necessitated thereby. But if such interrogatories have been answered by any defendant, and an answer be required to the matter introduced into the bill by amendment, a new set of interrogatories must be filed, intituled as interrogatories to the amended bill. The reason why interrogatories which have been answered by any defendant may not be amended seems to be this — viz., that such an amendment might affect exceptions for insufficiency, the interrogatories being the foundation of the plaintiff's requirement, and consideration of the interrogatories, as well as of the answer thereto, being necessary in determining the question of sufficiency. It is presumed, however, that if exceptions be first taken, the bill and Interrogatories might be amended, and the defendant be required to answer the amendments and exceptions at the same time. 2. If the plaintiff amends a bill to which interrogatories have not been filed, but to which bill, as amended, the plaintiff will require an answer, he may file interrogatories, intituled as interrogatories "to the bill," or "to the amended bin," or " to the original and amended bill." But if the time for filing interro- gatories to the original bill has elapsed, he must obtain special leave to file such interrogatories, otherwise he must limit the interrogatories to the matter intro- duced into the bill by amendment, as the mere fact of amending the bill will not revive the lapsed time for filing interrogatories to the original bill. There are several decisions to this effect. A more recent decision is that of the Master of the Holla in " The Official Liquidator of the Southampton Boat and Pier Company v. Eawlins"— W. K., vol. 12, p. 285. 3. "Where a demurrer is filed before the time for filing interrogatories has expired, the interrogatories should be filed within due time, notwithstanding the pendency of the demurrer, otherwise, if the demurrer be overruled, the time limited by the general orders for filing interrogatories may then have expired, and in that case special leave must be obtained. 4. TVTiere a cross bill and interrogatories thereto are filed, "a plaintiff who does not file his inten-ogatories within the time limited by the general orders loses his priority, and cannot compel the defendant, who has in the meantime filed interrogatories, first to answer those which have been subsequently filed by the plaintiff on special leave." See Garwood v. Curteis, and Ciurteis v. Gai'wood. — W. R., vol. 12, p. 509. 5. As to interrogatories for the examination of a defendant whose third answer has been held insufficient, see Appendix, Note 6. 184 ArPENDix. Note 103. Interrogratories. — Delivery or service of a copy thereof. In some cases it is desiraMe and convenient to serve a copy of the inter- rogatories at the time ser^dce of a copy of the hill is effected. This may be done, hut, in practice, the full time for appearing and for answering — viz., 36 days, must he allowed to expire before an attachment for not answering will be sealed against such defendant. A defendant out of the jurisdiction of the Court may be served with inter- rogatories, but only pursuant to an order obtained for that purpose. See Order, Art. ]. Note 104. Interrogratorles — For the examination of a Plaintiff. In practice, a defendant is allowed to file and serve such interrogatories im- mediately after his own answer is filed. But if exceptions for insufiiciency are filed to his answer, the plaintiff's answer to the defendant's interrogatories cannot be enforced until the expiration of 28 days after the defendant's answer has become sufficient. In a suit commenced by bill, which the defendant is not required to answer, he may file interrogatories for the examination of the plaintiff a/)5«- his own time for filing a voluntaiy answer to the bill has expired — i. e. after the expira- tion of 30 days from the semce upon him of a copy of- the hill. Note 105. Application for a " Judicial Opinion," &c. 1. Form of appUcatimi. — Any trustee, execvitor, or administrator may apply to any Judge in Chancery by petition, or by summons, upon a written state- ment, at chambers, for the opinion, &c. of such Judge on any question respect- ing the management or administration of the trust property or assets of any testator or intestate — such application to be served upon, or the hearino- thereof to be attended by, all persons interested, or such of them as the Judo-e shall think expedient. See 22 & 23 Vic. c. 35, ,s. .30. 2. Signature of counsel to petition ur etatement. — Such petition or statement shall be signed by counsel. See 23 & 24 "Vic. e. 38, s. 9. 3. Attendance of counsel upon the heariuff.^-'The Judge may require the petitioner or applicant to attend him by counsel. See 23 & 24 Vic. c. 38 s. 9. 4. Leaving statement at cluimbers. — At the time the summons is sealed the statement shall be left at chambers, and shall, on the conclusion of the pro- ceedings, be transmitted to the Registrar by the Chief Clerk, -\vith the minutes of the opinion, &c., and the Registrar shall file such statement at the Report pflice. See Ord. 20 March, 1860, r. 2. 5. Form and title of proceedings.— Fox' ths fom of petition or statement, API'ENDIX, 185 and title thereof, and of otlier proceedings under the Act, See Ord, 20 March, 1860, r. 1. Note 106. Xieases and Sales of Settled Sstates Act." 1. The Act came into force on the 1st NoTemher, 1850. See 19 & 20 Vic. c. 120, s. 46. 2. To tchat setilemeiit-sf the provmons of the Act extend. — To all settlements, whether made before or after it came in force, except those as to demises to be made without application to the Court, which shall extend only to settlements made after the Act came in force. See 19 & 20 Vic. c. 120, s. 44 3. Commencement and term of leases authorised pursuant to the Act. — Every such lease shall be made to take effect in possession at or within one year next after the making thereof, and shall be for a term of years not exceeding, for an agiicultural or occupation lease 21 years, for a mining lease, or a lease of water, water mills, way leaves, water leaves, or other rights or easements 40 years, and for a building lease % 09 years — or where the Court shall be satisfied that it is the usual custom of the district, and beneficial to the inheritance, to grant building leases (or any other of the before-mentioned leases, except agri- cultural-leases — see 21 & 22 \ic. c. 77, s. 4) for longer terms, then for such term as the Court shall direct. See 19 & 20 Vic. c. 120, s. 2, art. 1. Bj' s. 42 it is provided that nothing in the Act shall authorise any sale or lease beyond the term of 21 years of any settled estates in which, under any Act of Parliament, the tenants in tail are restrained from barring or defeating their estates taU, or where the reversion is vested in the Cro-vvn. Under s. 32, tenants for life of settled estates, and (as to unsettled estates) any tenant by courtesy, or in dower, or in right of a wife, who is seised in fee, may, subject to the restrictions therein specified, and without any application to the Court, grant leases for any term not exceeding 21 years, to take effect in possession. As to the persons against whom such demises are valid, See 19 & 20 Vic. c. 120, s. 33; also 21 & 22 Vic. c. 77, s. 8. Note 107. ^Leases and Sales of Settled Estates Act. 1. By ivlwm a petition (-under the Act) may be jyresented. See 19 & 20 Vic. c. 120, ss. 16 and 41. 2. Statement of name, ^-c. in the petition, ^c — Every petition, and public and * 19 & 20 Vic. c. 120— amended by 21 & 22 Vie. o. 77. t For the definitions of the terms "settlement" and "settled estates," See 21 & 22 Vic. c. 77, s. 1. i The term " building lease " shall include a repairing lease. But no repairing lease shall be made for a term exceeding 60 years. See 21 & 22 Vic. c. 77, s. 2. 186 Appendix. n private notice, under the Act, shall set forth the name, address, and description of the petitioner — also a place in London, Westminster, or the Borough of Southwai-k, or within 2 miles from the Record and Writ Clerks' office, where he may be served with any order or notice relating to the subject of the petition. See C. G. 0. 41, r. 14. 3. Title of proceedings. — All proceedings under the Act shall be entitled in the matter of the Act, and of the property in c[uestion, mentioning the county and parish or place in which it is situate, and describing it in general terms — and every petition shall be marked with the name of the Judge before whom it is intended to be heard. See C. Gr. 0. 41, i-. 15, 4. Evidence in support of the application. — ^Eor the evidence required by the Court as to no previous application, also as to the parties interested, and from whom consent is necessary, see C. G. 0. 41, rr. 21 and 22 ; also 19 & 20 Vic. c. 120, s. 17 — and as to the consenting on behalf of infants, &c. see C. G. 0. 41, r. 23; also 19 & 20 Vic. c. 120, ss. 36-7-8-9. Note 108. Iieases and Sales of Settled Estates Act (19 & 20 Vic. c. 120). Notice of application (under the Act). — By s. 19 it is required that notice of the application shall also be served on all trustees seised or possessed of any estate in trust for any person whose consent or concurrence is required by the Act, and on any other parties whom the Court shall think ought to be served. Note 109. Dismissal of bill for 'want of prosecution. Computatimi of the time for service of the notice of motion : — The times of vacation are not to be reckoned in the computation of the time at the expiration of which a defendant may serve a notice of motion to dismiss the bill for want of prosecution. This may not be expressly mentioned in C. G. 0. 37, r. 13. But it is provided by such rule that the times of vacation are not to be reckoned in the computa- tion of the time allowed for amending, or obtaining orders to amend, bills. This proceeding is open to the plaintiff," and if the times of vacation are not reckonable as to this (the proceeding first available to the plaintiff'), it necessarily follows that such times cannot be reckonable against him as to the expressly mentioned subsequent steps. In fact, such is the recognised practice in suits by bill to which the plaintiff has required an answer. And in suits by bill to which the plaintiff has not required an answer, the times of vacation are reckonable against the plaintiff only to a limited extent. For the decision of the Lords Justices in Bothomley v. Squire, 3 W. R. 498, * There is, indeed, an express provision for this in one case. See C. G. 0. 33, r. 12 art 3. Appendix. 187 only extenda to requiring that the times of vacation shall be reckoned in the computation of tha time (the three months) for obtaining an order to amend. It is presumed, therefore, that even if au order to amend be obtainable and obtained during vacations, the time for amending under such an order will not run during vacations. See Ord. 37, r. 13, art. 1. Note 110. Order for an abscondlni^ defendant to appear. Notice to he itiserted, ivith a copy of the order, in the " London Gazette.'' Notice. — " A. B., take notice that if you do not appear pursuant to the above order, the plaintiff may enter an appearance for you, and the Coiu't may afterwards grant to the plaintiff such relief aa he may appear to be entitled to on his own showing." See C. G. 0. 10, r, 6. Note 111. Order for tbe Serjeant-at-Arms. Such order shall be di-awn up by the Registrar, and be delivered by him to the Serjeant-at-Arms, who shall thereupon endeavour to apprehend the party prosecuted, and bring him into Court to answer his contempt, if he can. But if he cannot, no such order, nor the contempt thereupon, shall be discharged without a certificate of the Serjeant that his fees have been paid — and after the order has been passed no agi-eement shall be made for a compromise of the suit, or for the discharge of the contempt, unless such satisfaction be made and a certificate thereof produced to the Court. See C. G. 0. 30, r. 2. Note 112. Revival of suit. As to the obtainment by a defendant of an order directing a legal personal representative to revive a suit abated by the death of a sole plaintiff. See DlSMissAX, art. 5. Note 113. ig an appearance to an It is not Entering an appearance to an order to revive, or a supplemental order. — is not considered necessary, in practice, that parties who have already appeared in the cause should enter an appearance to such an order. See Ward V. Cartwright, Jurist 1853, No. 868. But see also Note 18, Art. 2. 188 AppEJiDix. Note 114. Petition of HigM,. The course of procedure upon a petition of right, as set forth under the title " Petition," is such as is applicable to a petition of right presented under the Act 23 & 24 Vic. c. 34, and intituled " In Chancery." But nothing in such Act contained shall prevent any suppliant from proceed- ing as before the passing of that Act. See section 18. Note 115. Petition of Blg^ht, Certifying a decree made on a Petition of Right, — Such a decree is certified to the Treasury, in cases where Her Majesty is interested in right of the Crown, and to the Treasurer of Her Majesty's Household in cases where Her Majesty is interested in her private capacity. See 23 & 24 Vic. c. 34, ss. 11 and 14. Note 116. Plea. — Setting down -plea (or demurrer') for argument. 1. By the Registrar's Clerk — upon production of an order (See Registrars' Regulations, 15 March 1860, pp. 1 and 2). See also Appendix, iSote 133, Art. 1. 2. Plea of outlawiy. — ^A plea of outlawry may be set down for argument by the plaintiff, where tlie plaintiff conceives such plea to be insufficient through mispleading or otherwise. See C. G. 0. 14, r. 6. Note 117. A plea of the dependency of a former sm^— shall be admitted as a good plea, where, after a suit commenced in any inferior Court of Equitj', a bill is exhibited in this Court, to be relieved for tlie same matter — and shall be pro- ceeded on accordingly. See C. G. 0. 1 4, r. 7. Note 118. Plea. By an infant defendant— shall not be sworn (by the guardian) until the order appointing such guardian shall be produced to the person before whom the same shall be sworn. See C. G. 0. 4. AppEXDix. 189 Note 119. ZTndertaMiig to reply to a plea to the whole bill — Where tlie plaintiiF thus undertakes, he shall not, without special leave, take any proceeding against the defendant by whom the plea was filed till after replication. See C, G. O. 14, r. 18. Note 120. Taking a bill pro confesso. A defendant shall be deemed to have absconded — where such defendant, whether within or not within the jurisdiction, does not put in his answer in due time, after appearance entered by or for him, and the plaintiff is unable, with due diligence, to procure process, for want of answer, to be executed against such defendant, by reason of his being out of the jurisdiction, or being con- cealed, or for any other cause. See C. G. O. 22, r. 2. Note 121. Takingr a bill pro confesso — Bearing. 1. The cause is set down for hearing — when the cause is generally in a fit state to be set down for hearing (unless any special day be fixed) as mentioned in the rule. As against a sole defendant, the certificate to set down the cause for hearing will be granted when and so soon as the order directing that the bill be taken pro confesso is entered in the cause books kept by the Clerks of Records and Writs. 2. The defendant may appear at the hearinff^and, where he waives all objec- tion to the order (to take the hiUpro confesso), but not otherwise, he may be heard to argue the case upon the merits as stated in the bill. See C. G. O. 22, r. 7. 3. The 'attendance of the Clerk of Becwds and TTnVs— with the record of the bill is not now requisite. Such bill may be read at 'the heaiing from a printed copy thereof, stamped by one of the Clerks of Records and TVrits with a proper stamp, indicating the filing of such bill. See Ord. 13th July, 1861. Note 122. Taking a bill pro confesso. The order to make the decree absolute— ra&y be made either at the first hear- ing of the motion (for that purpose), or on the expiration of any further time which the Court may then aUow to the defendant for presenting a petition for leave to answer the bill. See C. G. O. 22, r. 15. 190 Appendix. Note 123. Production of documents. Where any deeds or other doouments are ordered to be deposited, whether for safe custody or otherwise, the same shall be deposited in the Record and Writ Clerks' Office, and shall be subject to such directions as may be given for the production thereof. See C. G. 0. 42, r. 3. Note 124. Recognizance. — Acknowledgment of the Recognizance. 1. Recognizances formerly given to the Master of the Rolls and the Senior Master in ordinary, shall be given to the Master of the Rolls and the Seniolr Vice-chancellor for the time being. See C. G. 0. 42, r. 13. 2. The time of taking the acknowledgment of any recognizance shall be expressed (on the document) by the Commissioner, otherwise the same shall not be inroUed. See 0. G. 0. 4. Note 125. Replication — Effect of filing, mid notice thereof. Upon the filing of the replication, the cause shall be deemed to be completely at issue, and each defendant may, without any rule or order, proceed to verify his case by evidence, — and the plaintiff may, in like manner, proceed to verify his case by evidence as soon as notice of the replication being filed has been duly served on the defendants who have filed an answer or plea, or against whom a traversing note has been filed, or who have not been required to answer, and have not answered, the bill. See C. G. 0. 17, r. 2. Note 126. Service — Of documents not requiring personal service. Consequence of irregularity in time (of the dag) of Service. — If made after 7 o'clock in the evening on any day except Saturday, the service shall be deemed as made on the following day — and if made after 2 o'clock on Saturday, the service shall be deemed as made on the following Monday. See C. G. 0. 37, r. 2. Note 127. Service — Of a copy of a hill. By the general orders dated 8th May, 1846, Rule 16, Art. 1, now incorporated in C. G. O. 28, r. 9, it was provided that " the service of any subpoena, except Appendix. 191 a subpoena for costs, sliall be of no validity if not made within 12 weeks after the teste of the writ.'' The indorsement now appearing on the copy of a bill sealed for service is in lieu of the subpoena to appear and answer, formerly issued. It is assumed, therefore, that if any such copy be sealed, it should be served within 12 weeks from the date of sealing — i. e., from the teste appearing in the indorsement. Note 128. Service — Of a copy of a bill upon a defendant who, upon stick service, is to he bound by the proceedings in the cause. Consequence of non-appearance. — Where a defendant is thus served, and a memorandum of such service is duly entered, and such defendant does not within the time limited enter an appearance under the Rules (0. G. 0. 10, rr. 14, 15, and 16), the plaintiff may proceed as if the party served with a copy of the bill were not a party thereto, and the party served shall be bound by all the proceedings as if he had appeared and answered. See C. G. 0. 10, r. 13, Note 129. Process — ITotlce of motion — Petition — Summons. 1. On behalf of a pauper. — iSTo process of contempt shall be issued at the instance of any person suing or defending in forma pauperis, until it be signed by his solicitor in the suit, and no notice of motion served, or petition pre- sented on behalf of any such person (except for the discharge of his solicitor) shall be of any effect, nor shall any person served with such notice or petition be bound to appear thereon, unless such notice or petition be signed by the solicitor of such pei'son, and such solicitor shall take care that no such process be taken out, or notice or petition be served, but upon just and good groirnds. See C. G. O. 7, r. 11. 2. General provision as to tlie set-vice of a notice of motion, petition or smmnons, on a party who has not appeared. The plaintiff may, without special leave, serve any notice of motion, or other notice, or any petition or summons, personally, or at the dwelling-house or office of any defendant who, having been duly served with a copy of the bill, shall not have caused an appearance to be entered within the time limited for that purpose. See C. G. 0. 3, r. 8. Note 130. Service — Of a petition. At the foot of every petition (not being a petition of course), and of every copy thereof, a statement shall be made of the persons, if any, intended to be served therewith, and if no person is intended to be served a statement to 1 92 Appendix. ttat effect shall be made at the foot of the petition, and of eveiy copy thereof. See C. G. 0. 34, r. 1. Note 131. Service — Of a Summons originating proceedings in chambers. 1. Service of copy. — ^The rule speaks of service of the " original summons. But in all cases of applications originating' proceedings in chambers the fol- loTving is the practice : — A duplicate of the summons shall be filed at the Record and Writ Clerks' office, and, in cases where service is required, the copies (to be) served shall be stamped (at the Record and Writ Clerks' office) in the manner provided by 15 & 16 Vic. c. 86, s. 46. See 0. G. 0. 35, r. 6. 2. Where, from any cause, the summons may not have been served upon any party 7 clear days before the return thereof — an indorsement may be made on the summons, and upon a copy thereof stamped (sealed) for service, appointing a new time for the parties not before served to attend. See C. G. O. 35, r. 8. Such indorsements shall be sealed at the Judge's chambers, and the service of the copy so indorsed and sealed shall have the same effect as service of (a copy of) an original summons ; and where any party has been served before such indorsement, the hearing may, upon the return, be adjourned to the new time so appointed. See C. G. 0. 35, r. 8. Note 132, Summons — referred to in C. G. 0. 35, r. 4. The summonses referred to in such rule are summonses issued by the Chief Clerk (giving effect to 15 & 16 Vic. c. 80, s. 30) for the examination before him of parties and witnesses — a form of which summons is appended to the C. G. 0. Sched. (K), No. 3. Note 133. Setting: down Cause, &.c. 1. Wlien cause (and other proceedings) to be set down by the Registrar'' s Clerk. — • Pleas, demuiTers, exceptions for insufficiency or scandal, motions for decrees, original causes, special cases, causes for further consideration, and appeals and rehearings, are to be set down by the Registrar's Clerk, at the order of course seat, on the same day the order, petition, Record and Writ Clerks' certificate, request or other document requisite, is produced to or left with him, and he is to retain any such petition, certificate, or request for filing. See Registrars' Regulations, 15 March, 1860, p. 1. Causes may be set down for hearing on any day as well out of term as in tei-m. See C. G. 0. 21, r. 4. 2. Marking a came as "short.'' Causes for original hearing, or further con- Appendix. 193 sideration, and motions for a decree may be marked "short" on production of the certificate of the plaintifFs counsel that the cause or motion is fit to be so heard, without consentfor any of the defendants — but will not be so marked, in the case of causes for original hearing, for any day before the day when the subpoena to hear judgment is returnable — in the case of causes for further consideration, until after the expiration of 10 days — in the case of motions for decree, for any day before the day for which the notice of motion is given (unless, in either case, by consent of all parties). See Registrars' Regulations, 15 March, 1860, p. 7. Note 134. Setting: down Cause. For further directions. — A cause is thus set down only upon the report of a Master in Ordinary, and upon an order as provided by 0. G. O. 21, r. 9. The orders of Court, formerly applicable to such reports and the further proceedings thereupon, have become ipso facto totally abrogated — the business of the Masters' oflEices being finally closed. See 0. G. 0. Prely. Ord. r. 1, art. (1). Note 135. Snbpcena to bear judgment. Issuing and serving the writ. — The words " obtain and sei-ve " occur not only in C. G. O. 21, r. 1, but also in C. G. 0. 33, r. 10, art 3. The writ must be returnable " not less than one month from its teste " (see C. G. 0. 21. r. 5). But the plaintifi" may serve such writ " at least ten days before the return thereof " (see C. G. O. 21, r. 5). So that, in fact, the obtainment or issuing of the writ within the times specified in the Rules (C. G. 0. 21, r. 1, and C. G. O. 33, r. 10, art. 3) will sufficiently protect the plaintiff against a notice of motion to dismiss for want of prosecution. If, therefore, any defendant shall happen to serve a notice of motion to dismiss afte' the plaintifi" shall have issued the subpoena, and before he has served it, an intimation should be at once given to the eflfect that the cause has been set down, and that the subpoena to hear judg-ment wUl be served in due time. Note 136. Proceedings In clianibers. — Conditions upon which a proceeding may he reconsidered. Where the Judge has proceeded " ex parte," the proceedings shall not be reconsidered, unless the Judge, upon special application by a party who was absent, shall be satisfied that he was not guilty of wilful delay or negligence. And in such case, the costs occasioned by his non-attendance shall be in the discretion of the Judge, who may fix the same at the time, and direct them 194 Appendix. to be paid before tbe party be permitted to have such proceeding reconsidered, or make such other order aa to costs as to the Judge may seem meet. See C. G. 0. 35, r. 11. Note 137. Supplemental statement. Filing. — 0. G. 0. 32, r. 3, limits the liberty to file such a statement to a case where the cause " is not in such a state a9 to allow of an amendment being made in the bill." A plaintiff may amend his bill, either as of course, or by special leave, before replication, also by special leave, and upon special grounds, afier replication. A supplemental statement cannot be filed after decree — the proceeding must then be by supplemental bill. See Comerall v. Hall, 2 W. R., p. 285. New parties cannot be brought before the Court by supplemental statement. See Heath v. Lewis, 18 Beavan, 527. So that the rule seems to be limited in its operation to new facts or circum- stances affecting persons already parties to the suit. And as respects the stage of the proceedings in which a statement of such new facts can be filed, it would appear that a plaintiff may file such a statement, either before replication — or where, by having filed replication, he is precluded from amending as of course, and does not choose to make special application for the purpose — and where the cause is ready for hearing, but not actually heard. Note 138. Trial by inry. Expense of Special Jury. 1. Where the special jury shall have been directed by the Court, the expense of such special jury shall, in the first instance, be borne and paid by the plaintiff (or other person directed to prepare the '' record for trial "), but shall afterwards be paid and borne as the Court shall direct. See C. G. O. 41, r. 30. 2. ^VTiere the special jury shall not have been directed by the Court, the expense of such special jury shall, in the first instance, be borne by the party obtaining the same. But if, upon the trial, the Court shall be of opinion that a trial by a special jury was proper, it may give such directions as to the costs thereof as it shall think fit. See C. G. 0. 41, r. 31. Note 139. Trial by jury. Course of procedure upon the tried. 1. Compelling attendance of witnesses. — Either party may sue out subpoenas to compel the attendance of v^itnesses on the triah See C. G. 0. 41 r. 51. Arrtsvix. 3 'j.y 'J- Vanimy Ike j*ay. — Th': liti'lrtrtLr tbaS '^H xhh jnxcas, aad admiidsteT -flie wctii to tL.«a (it/i {vrm 'li oa^ vr^ C. O. O^ Sdied. X, Xo, 7^ K%<; C O- O. 4],/. 4i'. -J. Makimy up a iiptxial jtry. — "^ ;^ -ir-. triiil Vr a uphoal jury Las Iwjeaj fceetid bj tti": f, juri, jf s, ti'tSkat^ umiilxiT ^Lall iiart Wai samiaiBoed «sly at tht iaetaaee of rftl ^: ^ttrtyf and a »a&>;•.; ,-. rf tsiiuir pa.rnv. St* C G. O. 4], r- -iO. 4^ 7V twMfe vf miu m maimg aa-i rviiuiag a iipwiai jury, and Han pzoeeedisgs a&tar aBj '.ird<;/ f'^r a -nnv AaU luire bt)«j:j -mstA^, dian >>> t>j<; Bam« a^ ji-A. — 71te XT'.L^ >;L.j'rT<;'jf, *t« C. G. G. 41, j '>7. 7. Addrefme to He jury w fc e tie game as at eoaau'jn hew. 6«* G. G. G. 41, ,' 4-1 ^. IMi^ri-. fti/e p/ry r^ire Pj 'Mmtichr ili^lr ixr^it — die Viiifr tiaE take cJiaiye "i' titan, Wt yrevvjmiy thfuvUj the Jte^-Trtrar fchaM adiiaiiisto' die c«li to tiie ';'-;.';/ CiD tie J-'/m in Sci*d. X, >'o. m> See G. G. O. 41, r. 44. Trustee Belief Aet. Pnijnu^fd in, ISfe. wi4/}r the A'i. Arr.' irir'te'; Ah'hm)'/ to p^mon'ri-, wtxanrfer '■' ')Kii (stoci 'r hvnmtViS inVj ibn i^i^n". je trai-t, and Krttj/j^ forth : — 1 . Ilis orm jjar/j", and address. 2. 71'; place Tvh'a-e he i« to he served -B-itb any jxiiHi'/n, wAv:^, or order /■••Jati/j;/ to the tnwt fktnd. •.',. 'lie mofmot (A namfiy, i^x-k, ). .'). On the morrow of the Purification of tlio Klossod Virgin Mary next ensuing (a). 4. In eight days after the Purifloation of the Jilossed Virgin Mary next ensuing (a). In eight days next ensuing after the I'uriflcution of the JlleBScd Virgin Miiry (h). JSader Term, 1. Ill fii'toon days after Easter next ensuing (a). In fifteen days next ensuing after \imUtr (h), '2. From the day of lOusbtr next ensiiing in throe weeks (a). /'Vijin the day of ICaster in throe weelfs next 'riHuiiig (h), '.',. I'Voiri tlii! day iif \')imii:t next eusuing in ono month (a). From the dfiy of /'liiHter in ono month next ensuing (h). 4. I'Vom the day of Easter next, ensuing in live ■yvooks (tt). Vrom the doy of KmU;!- in five weelcs next ensuing (h). r>. On the morrow of the Ascension of our Lord next ensuing (u), Triniiij Tarrn, 1. On the morrow of the ifuly 'i'linity next ensuing (a). 2. In eight days after the Holy 'J'rinity next ensuing (a). In eigfit days next ensuing after the Holy 'I'rinity (h). 3. In fifteen days after the Holy 'IVinity next, ennning (a). In filler;!! (JayH next ensuing (tl'ter the JJjjly Trinity (h), 4. From tlie day of tlio Holy Trinity next ensuing in three weeks ("«). From the day of the Holy I'rinity in three weeks next ensuing (/>). Michaelmat Ti.rm„ 1. On the moiTOw of All Souls next ensuing (a), 2. ()n tho morrow of Saint Martin next ensuing ("a), ■'i. In eight days after Saint Martin next ensuing (a). In eight days next ensuing after Saint Martin (li). Note 148. Procens ayamtt a oorporation. The author avails himisclf of this opportunity of again suggesting whether some alteratiiffi of the pofrtiee iniglil, not he eire/:f.(«l by whii;h the prr;Kent tedious and expi;nfcive eourse of procedure in enforcing ilecrees and orders (huf , (it eourse, still so as that tlie riLiirn shall expire duri/n;/ tlw. linn.) tli/i d/iy of l,l/« jariieuhtriinaiv.rmry np'i:il\i-A. 'I'lie niwrssity is iA,\ii,uH. Tlie languageoffl/r; former part of the return ■woiij'i, if iiiii'l on or ffO/r rach parti/riikr anniversary, n-fi-r \u, und extend tlie rulurn t;rd Chanc<;llor or Vice-Chancellor, the cause is to be marked for a Vice-Chancelor (the party, under the authority of Ord. 4, 11 iVov. 1841, selecting which Vice-Chancellor's Court he pleases). If, any such order having been made, the laft of biich orders was made by the Master of the \Ui\h, the cause is tfj be marked for the Mfi-ster of the Ilolls. See Ord. .3, 5 May, 18.'i7. If no such order has been made in the cau3<^, the party may desire that the cause shall be marked either for a Vice-Chancellor or for the Master of the Itolls, as he pleases. The desire is to be expressed by a notice in writing in the foUowing form, viz. : — In Chancery. I hereby request that this cause maybe marked for, and attached to, the Court of Ilis Honor the . Dated this day of . \_Name, S^e, of the solicitor.'} To the Clerk of Record and Writs. Upon receiving such notice, the Clerks of Records and Writs are to cause " the entries of the cause in their books and indexes Ui bo marked with such distinguishing words or marks " as shall signify before what Judge the cause is 202 Appendix. to be heard, or to whose Court the cause is attached. (See Ord. 3, 5 May, 1837, and Ord. 4, 11 Nov. 1841.) The notice ao given is to determine the Court to which any such cause shall he attached, unless removed therefrom by any special order to be made by the Lord Chancellor ; and in such causes, no party or person is to move, petition, or take any proceedings (by way of application to the Court) until such notice has been given and served on aU parties to the cause. (See Ord. 4, 11 Nov. 1841.) The following is the order of succession among the Vice-Chancellors since 1841 :— Vice-Ohancellor Shadweix. Knight Brtjcb. Ttjrnee. I I 1 „ EoiFB.* WiGKAM. Wood. „ KiNDEESLET. PaBKEK. „ Stttaet. Note 150. Regrlstering: a Decree as a Judgrment. Provisions of Act 23 and 24: Vic. v. 38, with reference thereto. Section I. Whereas it is desirable to place freehold, copyhold, and customaiy , estates on the same footing with leasehold estates, in respect of j udgments, statutes, and recognizances as against purchasers and mortgagees, and also to enable purchasers and mortgagees of estates, whether freehold, copyhold, or customary or leasehold, to ascertain when execution has issued on any judgment, statute, or recognizance, and to protect them against delay in the execution of the writ : Be it therefore enacted. That no judgment, statute, or recognizance to be entered up after the passing of this Act shall affect any land (of whatever tenure) as to a hond fide purchaser for valuable consideration, or a mortgagee (whether such purchaser or mortgagee have notice or not of any such judgment, statute, or recognizance), unless a writ or other due process of execution of such judgment, statute, or recognizance shall have been issued and registered as hereinafter is mentioned before the execution of the conveyance or mortgage to him, and the payment of the purchase or mortgage money by him : Provided always, that no judgment, statute, or recognizance to be entered up after the passing of this Act, nor any writ of execution or other process thereon, shall affect any land, of whatever tenure, as to a hond fide purchaser or mortgagee, although execution or other process shall have issued thereon, and have been duly registered, unless such execution or other process shall be executed and put in force within three calendar months from the time when it was registered. » Now Lord Cranworth. Appendix. 203 Section II. The registry hereinbefore required of any wi-it of execution, or other due process, on any judgment, statute, or recognizance, in order to bind a pur- chaser or mortgagee, shall be made by a memorandum or minute referring to the judgment, statute, or recognizance already registered, so as to connect the registry of the writ of execution or other process therewith ; such memorandum or mmuteto be left with the Senior M^ter of the Court of Conmion Pleas at M estminster, who shall forthwith enter the particulars in a book, in alphabetical order, by the name of the person in whose behalf the judgment, statute, or recognizance upon which the writ of execution or other process issued was registered, and also the yeai- and the day of the month when every such memo- randum or minute is left with him, and such officer shall be entitled for any such registiy to the sum of five shillings ; and aU persons shaU be at liberty to search the same book, in addition to all the other books in the same office, on payment of the sum of one shilling only : And aU the provisions in this Act in regard to writs of execution or other process, and the registry thereof, or otherwise relating thereto, shall extend, imctatis mutandis, to writs of execution or other due process issuing on judgments of the several Courts of Common Pleas of the County Palatine of Lancaster, and of Pleas of the County Palatine of Durham : But none of these provisions are to extend to Ireland. Section III. And whereas by an Act passed in the fourth and fifth years of their late Majesties King William and Queen Mary, intituled "An Act for the better Discovery of Judgments in the Courts of King's Bench, Common Pleas, and Exchequer in Westminster," it was enacted, that no judgment, not docketed and entered in books in the manner thereby provided, should affect any lands or tenements as to purchasers or mortgagees, or have any preference against heirs, executors, or administrators in their administration of their ancestors, testators, or intestates estates : And whereas by several later Acts judgments are required to be registered with more particulars than were required by the said recited Act ; and it is thereby enacted that judgments not so registered shall not affect any lands, tenements, or hereditaments as to purchasers, mort- gagees, or creditors, unless and until the same shall be registered in manner thereby required ; and in obedience to a direction in one of the same Acts con- tained, the dockets existing under the said first-recited Act have been finally closed : And whereas the said several later Acts do not expressly enact that judgments not docketed as thereby required shall not have any preference against heirs, executors, or administrators, in their administration of their ancestors, testators, or intestates estates, in consequence whereof such heirs, executors, or administrators have been held to have lost the protection which they enjoyed under the said first recited Act, and it is expedient that the same should be restored : Be it therefore declared and enacted, That no judgment which has not already been, or which shall not hereafter be, entered or docketed under the several Acts now in force, and which passed subsequently to the said Act of the fourth and fifth years of King William and Queen Mary, so as to bind lands, tenements, or hereditaments as against purchasers, mortgagees, or creditors, shall have any preference against heirs, executors, or administrators, in their administration of their ancestors, testators, or intestates estates. Section IV. No judgments which, since the paasing of an Act of the first and 204 Appendix. Second years of Her Majesty Queen Victoria, intituled " An Act for abolishing Arrest on Mesne Process in Civil Actions except in certain cases, for extending the Remedies of Creditors against the Property of Debtors, and for amending the Laws for the Kelief of Insolvent Debtors in England " (being one of the Acts hereinbefore referred to), have been registered under the provisions therein con- tained, or contained in the later Act o4the second and third years of Queen Victoria, chapter eleven, as explained and amended by the Act of the session of the eighteenth and nineteenth years of Queen Victoria, chapter fifteen (being two other of the Acts hereinbefore referred to), or which shall hereafter be so registered, shall have any preference against heirSJ executors, or administrators in their administration of their executors, testators, or intestates estates, unless at the death of the testator or intestate five years shall not have elapsed from the date of the entry thereof on the docket, or from the only or last re-registry thereof, as the case may be, which re-registry from time to time is hereby authorised to be made in manner directed by the said Act of the second and third of Queen Victoria, as explained and amended by the Act of the eighteenth and nineteenth of Queen Victoria ; but it shall be deemed sufficient to secure such preference as aforesaid, if such a memorandum as was required in the first instance is again left with the Senior Master of the Common Pleas within five years before the death of the testator or intestate, although more than five years shall have expired by effluxion of time since the last previous registration, before such last-mentioned memorandum or minute was left; and so toties quoties upon every re-registry. Section V. In the construction of the previous provisions the term "judgment" shall be taken to include registered decrees, orders of Courts of Equity and bankruptcy, and other orders having the operation of a judgment. See 23 & 24 Vic. c. 38, ss. 1, 2, 3, 4, and 5. Pbintbd uy E. Cox, 102, Chanceey Lane, London, W.C. THE SOLICITORS' JOURNAL & WEEKLY REPORTER^ Established 1852. Published every Saturday. Contains a copious and well-digested Summary of the Legal News of the Week ; Articles on Topics affecting the interests of tlie Profession ; Observations on Leading Decisions and Points of Practice in Equity and Common Law; Proceedings of Professional Societies; Business of the Courts; Gazettes; Statutes ; Results of Sales of Estates, &c. ; also the Cases decided in all the Courts of Law and Equity, Probate, Ecclesiastical, Bankruptcy, and Admiralty. Each number contains, when practicable, the Cases decided up to and inclusive of the previous Wednesday. These publications have now obtained a well-established reputation, and none have hitherto been offered to the Legal Profession of this country containing so much valuable information at so moderate a price. The first numbers of the new volumes 8 and 12 were published Nov. 7th, 1803. The SOLICITORS' JOURNAL can be subscribed for without the Weekly Reporter. An edition of the WEEKLY REPORTER, printed on superior paper, with cover, is issued separately. — Vol. 11 contains 1,163 cases, generally reported a few days after the delivery of judgment. ANNUAL SUBSCRIPTIONS. SOLICITORS' JOURNAL and WEEKLY REPORTER, £2 12*., including double numbers and indexes, post-free, when paid in advance. Single numbers. Is. SOLICITORS' JOURNAL only, 26«.; by post, 28s., when paid in advance. Single numbers, ^d. WEEKLY REPORTER only, £2 12s., post-free, when paid in advance. Single numbers, Is. OiMCE : 59, Cabey Stbeet, Lincoln's Inn. Now publishing, price Is. A HANDY BOOK UPON THE LAND REGISTRY ACT AND DECLARATION OF TITLES ACT, 1862. By EDWYN JONES, ASSOCIATE OP king's COLLEGE, LONDON. Londou : EDWARD COX, 102 Chancery Laue, W.C. Just published, price Is. 6d., or post free, Is. 8d. A TABLE OF REFERENCES TO 3,000 UNREPEALED PUBLIC GENERAL ACTS, ARRANGED IN THE ALPHABETICAL ORDER OF THEIR SHORT OR POPULAR TITLES. By JOHN BIDDLE. London : E. OOX, 102 Chancery Lane, W.C. Just published, price 12s. 6d. nett. COX'S FORMS OF PRACTICAL PROCEEDINGS IN THB OHAMBEES OV THE MASTER OF THE ROLLS THE VICE-CHANCELLORS. THIBD EDITION, EEVISED AND CONSIDEEABLY ENLARGED. CONTAINING SIX HUNDRED FORMS AND PRECEDENTS, Including those in use under the Charitable Trusts Acts, Defence Acts, Infants Marriage Settlement Act, Judicial Opinion Act, Settled Estates Acts, Sir George Turner's Act, and Trustee Relief Acts. NOTES On the Course of Procedure at Chambers in Special Matters, and Beferences to the Acts, Orders, and Begulations, and to a variety of Text-books on the Principles and Practice of the Court. |!l Stable rf |PiiHi£ Statrrfcs tar&nm% a Snmmsig lurigbidiott, AND A COPIOUS TABLE OF CONTENTS AND INDEX. By JOHN BIDDLE. London: B. COX, 102 Chancery Lane, W.C. (adjoining the Law Institution). Hit ,*— il:<-(^'-*iy-if^ii1-l'i1