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CORNELL UNIVERSITY LIBRARY 
 
 3 1924 084 250 
 
 78 
 
Cornell University 
 Library 
 
 The original of this 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/cu31924084250178 
 
ORDERS AND RULES 
 
 OP THE ^^^^ 
 
 EEBATx\.. 
 
 Page 20, line 7, M 21 read 22. 
 
 03, „ 15, ,, 25 ,, 27. 
 
 05, ,, li, ,, 18 „ 10. 
 
 180, ,, 5, ,, Adjiission to, mid AninssTON of. 
 
 192, ill Ai'PEXDix C, (i/tcr Rule 5 iiixnt Section I. 
 
 212, line (i, fur Section II., rccid Section III. 
 
 Attention is called to the Note at tlie foot of page xxxiv. 
 of the Table of Contents. 
 
 ■ uit>vftyxjn B'-jrwrrj-"*™*^*^-— wTnrnxin-iMt-A:'i-"ii"a,'TV. 
 
 LIVERPOOL : 
 
 THOMAS BEAKELL, PEINTEE, 
 
 58, DALE STEEET. 
 
 1881 
 
ORDERS AND RULES 
 
 OF THE ^r^^ 
 
 OF THE 
 
 COUNTY PALATINE OF LANCASTEE. 
 
 Of tlie 1st of AUOUST, 1SS4, 
 the S7th, mh, and 28th of NOVEMBEB, I8S4. 
 
 WITH A TABLE OF CONTENTS AND INDEX. 
 
 BY 
 
 C. G. 0, BKIDGEMAN, 
 
 OF LINCOLN'S INN, ESQ., EAEBISTER-AT-LAW. 
 
 LIVERPOOL : 
 
 THOMAS BEAKELL, PEINTEE, 
 
 58, DALE STREET. 
 
 1884. 
 
CONTENTS. 
 
 PEELIMINAEY OEDEE. 
 
 1. Dmsiou of County Palatine into Districts 
 
 2. Prooeedinga instituted before 1st July, 1853 
 
 3. Certain proceedings instituted before 25th August, 1857 
 
 4. Proceedings instituted after 1st July, 1853 
 
 5. Power of Coiu-t to make special order . . 
 
 6. Position of Chancery Offices . . 
 
 7. Begistrar of each District to have distinct seal . . 
 
 8. Duties of Eegistrai's . . 
 
 9. Registrars to attend sittings of the Court 
 
 10. Holidays at Chancery Offices . . 
 
 11. Holidays at Chancery Offices in Manchester District 
 
 12. Business hours at Chancery Offices 
 
 13. Payment of suitor's moneys to be checked by Comptroller 
 
 2 
 2 
 2 
 2 
 3 
 3 
 3 
 8 
 4 
 4 
 4 
 i 
 4 
 
 OEDEE I. 
 Form a>'d CosijrENCEJrBNT of Action. 
 
 1. Suits to be instituted by action 
 
 2. Actions for less than £10 
 
 8. Practice in other proceedings. . 
 
 OEDEE II. 
 Writ of Summons and Procedure, &c. 
 
 1. Action to be commenced by ivrit of summons indorsed with claim . , 5 
 
 2. Costs of prolix writs . . . . . . . . . . . . 5 
 
 8. Form of writ . . . . . . . . . . . . 6 
 
 4. Writ for service out of jurisdiction not to be issued without leave . . 6 
 
 5. Form of writ to be served and of notice of writ to be given out of 
 
 jurisdiction . . . . . . . . . . . . 6 
 
 6. Date and teste of writ . . . . . . . . , . 6 
 
 OEDEE III. 
 Indorsements of Claim. 
 
 1. To be made before issue of writ 
 
 2. To be general 
 
 3. Form 
 
 4. Where party sues or is sued in representative capacity 
 
 5. In cases of account . . 
 
 a2 
 
OEDEE IV. 
 
 SOLICITOES OP THE CoURT. 
 
 1. Solicitors and parties acting in person to perform duties formerly dis- 
 
 charged by Clerks in Court . . . . . . . . 7 
 
 2. Agreements bet-ween solicitors . . . . . . . . 7 
 
 OEDEE V. 
 
 Indoksements of Address. 
 
 1. Address for service to be indorsed on writ . . . . . . 7 
 
 2. Where proceedings commenced otherwise than by writ . . . . 8 
 
 OEDEE VI. 
 
 Issue of Writs of Summons. 
 
 I. — Place of Issue. 
 
 1. Writ may be issued out of Registry of any District .. .. 8 
 
 2. Statement calling on defendant to enter appearance . . . . 8 
 
 3. Writ to be marked with name of District . . . . . . 8 
 
 II. — Generally. 
 
 4. Preparation of writ . , . . . . . . . . . . 9 
 
 5. Sealing . . . . . . . . . . • . . . 9 
 
 6. Copy to be left with Registrar . . . . . . . . . . 9 
 
 7. Filing and entry in Cause Book . . . . . . . . 9 
 
 OEDEE VII. 
 Concurrent Writs. 
 
 1. Issue ; duration . . . . . . . . . . . . 9 
 
 2. Writ for service within jurisdiction may be issued as a concurrent 
 
 writ with one for service out of jurisdiction . . . . . . 10 
 
 OEDEE VIII. 
 I. — Disclosure by Solicitors and Plaintiffs. 
 
 1. Declaration by solicitor as to whether writ issued by his authority; 
 
 where no authority proceedings to be stayed . . .10 
 
 2. Action by partners in name of firm ; declaration of names and 
 
 residences of partners. . . . . . . . . . . 10 
 
 II. — Change of Solicitors. 
 
 3. Party may change solicitor without order upon notice filed and copy 
 
 served . . . . . . . . . . . . 10 
 
OEDEE IX. 
 
 CUKEENCY AND EeNEWAL OF WeIT. 
 
 1. Curronoy of original writ ; renewal by leave ; sealing ; memorandum ; 
 
 currency of renewed writ . . . . . . . . 11 
 
 2. ETidence of renewal . . . . . . . . . . 11 
 
 3. Where writ lost . . . . . . . . . . 12 
 
 OEDEE X. 
 
 See\t:ce op Weit of Summons. 
 
 I. — ^loile of Serrice. 
 
 1. None required where undertaking to accept service . . . . 12 
 
 2. Personal service ; substituted service ; notice for service . . . . 12 
 
 II. — On Particular Defendants. 
 
 3. On husband and wife . . . . . . . . . . 12 
 
 4. On infant . . . . . . . . . . . . . . 12 
 
 5. On lunatic or person of unsound mind . . ,. .. .. 13 
 
 III. — On Partners and other Bodies. 
 
 6. On partners sued in name of firm . . . . . . . . 18 
 
 7. On one person sued in name of firm apparently consisting of more 
 
 than one person . . . . . . , . . . 13 
 
 8. On bodies corporate and incorporate . . . . . . , . 13 
 
 IV. — Generally. 
 
 9. Date of service to be indorsed on writ ; date of indorsement to be 
 
 mentioned in affidavit of service . . . . . . . . 14 
 
 OEDEE XI. 
 
 Substituted Seevice. 
 
 1. Affidavit in support of application . . . . . . . . 14 
 
 OEDEE XII. 
 Service out of the Jurisdiction. 
 
 1. In what cases allowed . . . . . . . . . . 14 
 
 2. Matters to be considered by Court in exercising discretion .. 13 
 
 3. Affidavit in support of application . . . . . . . . 16 
 
 4. Time for entering appearance to be limited by order . . . . 16 
 
 5. Service of notice instead of writ where defendant neither British 
 
 subject nor in British dominions . . . . . . . . 16 
 
 6. Mode of giving notice . . . . . . . . . . 16 
 
 7. Practice as to service within jurisdiction of High Court not affected . . 16 
 
OEDEE XIII. 
 
 Appearance. 
 
 1. 'When to be entered . . .. .. .. .. ..17 
 
 2. Mode of entry . . . . . . . . . . . . 17 
 
 3. Notice of appearance to be given . . . . . . . . 17 
 
 4. Place of business and address for service of solicitor . . . . 17 
 
 5. Address and address for service of defendant appearing in person . . 18 
 
 6. Where no address or fictitious address given . . . . . . 18 
 
 7. Form of memorandum of appearance . . . . . . . . 18 
 
 8. Entry of appearance in Cause Book . . . . . . . . 18 
 
 9. Persons, sued as parties in name of firm, to appear individually . . 18 
 
 10. One person sued in name of firm to appear in his own name . . 18 
 
 11. Names of defendants appearing by same solicitor to be inserted in 
 
 one memorandum . . . . . . . . . . 18 
 
 12. Solicitor not entering appearance in pursuance of undertaking liable 
 
 to attachment . . . . . . . . . . . . 18 
 
 13. Appearance out of time . . . . . . . . . . 18 
 
 14. Notice of motion to set aside service before appearance . . . , 19 
 
 OEDEE XIV. 
 
 Default op Appeabance. 
 
 1. Guardian (id K««m of infant or person of unsound mind .. .. 19 
 
 2. Affidavit of service in oases of Account under Order XV. Eule 1 . . 19 
 
 3. Practice on default of appearance generally . . . . . . 20 
 
 OEDEE XV. 
 
 Application for Account. 
 
 1. Accounts ordered unless preliminary question to be tried .. .. 20 
 
 2. Manner and time of application . . . . . . . . 20 
 
 OEDEE XVI. 
 
 Parties. 
 I. — Generally. 
 
 1. Who may be joined as plaintiffs 
 
 2. Mistake in naming plaintiff . . 
 
 3. Where counterclaim set up by defendant 
 
 4. Who may be joined as defendants 
 
 5. Every defendant need not be interested as to all relief prayed for 
 
 . defendants not to be embarrassed . . 
 
 6. Persons severally or jointly and severally liable on contracts 
 
 7. Where plaintiff in doubt as to person liable 
 
 8. Trustees, Ac, to represent ccsteis (/!(e trust 
 
 9. Where numerous parties having same interest . . 
 10. Misjoinder not to defeat cause or matter; striking out or adding 
 
 parties ; consent of person added as plaintiff or next friend ; ser 
 vice on persons added as defendants 
 
 20 
 21 
 21 
 21 
 
 21 
 21 
 22 
 22 
 22 
 
 22 
 
vu. 
 
 11. Application to add or strike out parties . . . . . . . . 23 
 
 12. Service of writ on new defendant . . . . , . . . 23 
 
 13. Amendment of statement of claim and service on new defendant . . 23 
 
 II. — Partners. 
 
 14. Disclosure of names of partners suing or being sued in name of firm . . 23 
 
 15. Person carrying on business may be sued in name of firm . . . . 24 
 
 III. — Persons under Disahility. 
 
 16. Infants . . . . . . . . , . . . . . 24 
 
 17. Lunatics and persons of unsound mind . . . . . . . . 24 
 
 18. Entry of appearance by infant or person of unsound mind ; guardian 
 
 ad litem how appointed . . . . . . . . . . 24 
 
 19. Appearance of infant or person of unsound mind on hearing of peti- 
 
 tion, motion, or summons by guardian ad litem .. .. 24 
 
 20. Where no person willing to act as guardian ad litem Registrar may 
 
 appoint soUoitor of Court . . . . . . . . 25 
 
 21. Written authority necessary for use of name of person as next friend 
 
 or relator . . . . . . . . . . . . 25 
 
 22. Consent as to procedure by person under disability, how given . . 25 
 
 IV. — Proceedings hy or against Paupers. 
 
 23. Person not worth £25 may sue or defend as a pauper . . . . 25 
 
 24. Case to be laid before counsel . . ... , . . . 25 
 
 25. Case and opinion of counsel to be produced before Court . . . . 25 
 
 26. Pauper not hable to Court fees . . . . . . . . 26 
 
 27. Counsel or solicitor may be assigned by Court . . . . . . 26 
 
 28. Person taking fee from pauper guilty of contempt of Court . . 26 
 
 29. Pauper giving fee to be dispaupered . . . . . . . . 26 
 
 30. Proceedings on behalf of pauper to be signed by solicitor . . . . 26 
 
 31. Solicitor of pauper to see that no proceedings be taken without cause 26 
 
 32. Costs payable to pauper to be taxed . . . . . . . . 26 
 
 V. — Administration and Execution of Trusts. 
 
 33. Court may appoint person to represent unascertained heir or class . . 27 
 84. Parties in actions by residuary legatee or next of kin . . . . 27 
 
 35. ,, by person interested in legacy charged on or pro- 
 
 ceeds of real estate . . . . . . 27 
 
 36. ,, by residuary devisee or heir . . . . . . 27 
 
 37. „ by cestui que trust . . . . . . . . 27 
 
 38. ,, for prevention of waste or protection of proi>erty . . 27 
 
 39. , , by executor, administrator, or trustee . . . . 28 
 
 40. Court may require person to be made party and give conduct of pro- 
 
 ceedings to any person . . . . . . . . . . 28 
 
 41. Service of notice of judgment ; appUcation to vary judgment .. 28 
 
 42. Liberty to attend proceedings . . . . . . . . 28 
 
 43. Memorandum of service to be entered in Chancery Office . . . . 29 
 
 44. Form of memorandum to be indorsed on notice of judgment . . 29 
 
 45. Service of notice of judgment on infant or person of unsound mind 29 
 
 46. Heir unnecessary party in proceedings for execution of trusts of will 29 
 
 47. Practice where no legal personal representative . . . . ' . . 29 
 
 48. No party other than executor to appear on claim against estate of 
 
 deceased person . . . . ■ . . . . . 29 
 
VIU. 
 
 VI. — Third Party Procedure. 
 
 49. Notice where defendant claims contribution or indemnity against 
 
 person not a party ; form of notice . . . . . . 30 
 
 50. Appearance by third party ; consequences of default of appearance . . 30 
 
 51. Judgment against third party in defaxiltby defendant sufferiugjudgment 31 
 
 52. „ „ „ „ after trial . . 31 
 
 53. Application for directions by defendant giving third party notice . . 31 
 64. Court may give third party liberty to take part in proceedings . . 82 
 
 55, Costs as between third party aiid other parties .. .. ..32 
 
 56. Where defendant claims contribution or indemnity against co-defendant 32 
 
 OEDEE XVII. 
 Change of Parties by Death, &c. 
 
 1. Proceedings not to abate or become defective . . . . . . 33 
 
 2. Practice in case of marriage, death, bankruptcy, or devolution of 
 
 estate . . . . . . . . . . . . 33 
 
 3. Continuation of proceedings after devolution of title . . . . 33 
 
 4. Carrying on proceedings upon transmission of interest or liability, or 
 
 upon birth of person interested . . . . . . . . 33 
 
 5. Service of order for carrying on proceedings ; appearance by new 
 
 party . . . . . . . . . . . . - ' 34 
 
 6. Application to discharge order for carrying on proceedings by persons 
 
 sui juris married women and persons having guardian ad litem 34 
 
 7. Application by persons under disability and not having guardian ad 
 
 litem .. . . . . . . . . . . 34 
 
 8. Practice on death of party and failure to proceed . . . . 34 
 
 9. Abatement or change of interest to be certified to Registrar by 
 
 solicitor of party having conduct of proceedings, and entered in 
 Cause Book . . . . . . . . ; . . . 35 
 
 10. Striking out of cause marked " abated " .. .. ..35 
 
 OEDEE XVIII. 
 .loTNDEE OP Causes of Action. 
 
 1. Joinder of several causes of action ; Court may order separate trials. . 35 
 
 2. Claims by trustee in bankruptcy . . . . . . . . 35 
 
 3. Claims by or against husband and mfe. . .. .. ..35 
 
 4. ,, „ executor or administrator . . . . . . 36 
 
 5. Joint and separate claims against same defendant . . .36 
 
 6. Rules 3, 4 and 5 subject to Rules 1, 7 and 8 . . . . . . 36 
 
 7. Application for order confining action to causes of action which may 
 
 be conveniently disposed of together . . . . . . 36 
 
 8. Order for exclusion of some of several causes of action . . . . 36 
 
 OEDEE XIX. 
 Pleading Geneeally. 
 
 1. Substitution of new rules . . . . . . . , . . 36 
 
 2. Delivery of statement of claim, defence set-off or counter-claim and 
 
 reply ; costs of prolix statements . . . . , . ' . . 3g 
 
PAGE 
 
 3. Set off and counter claim . . . . . . . , . , 37 
 
 4. Goatenta and form of pleadings ; signature of counsel .. .. 37 
 
 5. Forms in Appendices or similar forms to be used ; costs of prolix 
 
 forms . . . . . . . . . . . . 37 
 
 6. Particulars of misrepresentation, fraud, breach of trust, wilful default, 
 
 or undue influence, &c., to be stated . . . . . . 38 
 
 7. Further and better statement or particulars may be ordered ... 38 
 
 8. Time for pleading where particulars ordered . . . . . . 38 
 
 9. Printing and writing of pleadings . . . . . . . . 38 
 
 10. Delivery of pleadings . . . . . . . . . . 38 
 
 11. Marking of pleadings .. .. .. .. ..39 
 
 12. Allegations not denied to be taken as admitted . . . . . . 39 
 
 13. Condition precedent to be distinctly specified . . . . . . 39 
 
 14. Necessary facts to be alleged and grounds of defence to be raised by 
 
 pleading . . . . . . . . . . . . 39 
 
 15. New claims and inconsistent allegations of fact not to be set up . . 39 
 
 16. Allegations of fact to be specifically dealt with . . . . . . 40 
 
 17. Joinder of issue ; effect thereof . . . . . . . . 40 
 
 18. Denials of allegations of fact not be evasive . . . . . . 40 
 
 19. Denials of contract, promise, or agreement . . . . . . 40 
 
 20. Effect of documents to be stated briefly. . ,. .. ..40 
 
 21. Allegations of conditions of mind . . . . . . . . 41 
 
 22. Allegations of notice . . . . . . . . . . 41 
 
 23. Allegations of impUed contract or relation . . . . . . 41 
 
 24. Facts need not be alleged where presmned by law . . . . 41 
 
 25. Technical objection not to be raised on ground of form .. .. 41 
 
 26. Striking out or amending unnecessary scandalous or embarrassing 
 
 matter . . . . . . . . , . . . 41 
 
 OEDEE XX. 
 
 Statement of Claim. 
 
 1. Delivery of statements of claim .. .. .. ..42 
 
 ( a) Not necessary where none required. 
 (6 ) Time for, where required. 
 
 ( c) Time for, where not required. 
 
 ( d) Costs of unnecessary statements of claim. 
 
 2. Claim may be modified without amendment of indorsement on writ. . 43 
 
 3. Relief claimed to be specifically stated ; claim for general relief not 
 
 neoeesaiy . . . . . . . . . . . . 43 
 
 4. Distinct claims and defences to be separately stated .. .. 43 
 
 5. Stated or settled account, how alleged . . . . . . . . 43 
 
 OEDEE XXI. 
 
 Defence and Counter -Claim. 
 
 1. Denial or defence not necessary as to damages . . . . . . 43 
 
 2. Denial of right to claim in representative capacity, or of constitution 
 
 of firm, to be specific . . . . . . . . . . 43 
 
 3. Time for delivery of defence where statement of claim delivered . . 44 
 
 4. ij , , where statement of claim not received nor 
 required . . . . • • • • • • . . 44 
 
 5. Costs improperly occasioned by non-admission of facts . . . . 44 
 
X. 
 
 PAGE 
 
 6. Grounds of counter claim to be specifically stated as counter claim . . 44 
 
 7. Counter claim against plaintiff and other persons ; further title ; de- 
 
 livery to parties . . . . . . . . . . 44 
 
 8. Service of counter claim on persons not parties ; form of indorsement . . 44 
 
 9. Appearance by persons served with counter claim . . . . 45 
 
 10. Time for reply to counter claim . . . , . . . . 45 
 
 11. Application for exclusion of counter claim .. .. ..45 
 
 12. Counter claim may be proceeded though action stayed or dismissed . . 45 
 
 13. Kelief to defendant establishing counter claim . . . . . . 45 
 
 OEDEE XXII. 
 Ebply and Subsequent Pleadings. 
 
 1. Time for delivery of reply . . . . . . . . . . 45 
 
 2. No subsequent pleading other than joinder of issue except by leave . . 45 
 
 3. Time for delivery of subsequent pleadings . . . . . . 46 
 
 4. Reply to counter claim to be subject to Eules applicable to defences. . 46 
 
 5. Close of pleadings . . . . . . . . . . . . 46 
 
 OEDEE XXIII. 
 
 Mattebs arising pending the Action. 
 
 1. Ground of defence to claim, counter claim, or set off, ai'isiug before 
 
 delivery of defence or reply . . . . . . . . 46 
 
 2. Ground of defence to claim, counter-claim, or set-off, arising after de- 
 
 livery of defence or reply . . . . . . . . . . 46 
 
 3. Confession of defence . . . . . . . . . 47 
 
 OEDEE XXIV. 
 Proceedings in lieu of Demueeee. 
 
 1. Demurrer not to be allowed . . . . . . . . . . 47 
 
 2. Points of law may be raised by pleadings ., .. ..47 
 
 3. Where decision of point of law substantially disposes of cause of 
 
 action or defence . . . . . . . . . . 47 
 
 4. Frivolous or vexatious pleadings . . . . . . . , 47 
 
 5. Declaratory judgments and orders .. .. .. ..47 
 
 OEDEE XXV. 
 Discontinuance . 
 
 1. Discontinuance or withdrawal by plaintiff or defendant ; by order of 
 
 Court . . . . . . . . . , . . 48 
 
 2. Withdrawal of cause entered for trial by consent in writing . . 48 
 
 3. Judgment for costs where discontinuance or withdrawal and costs not 
 
 paid .. .. .. .. .. .. ..48 
 
 4. Stay of subsequent action until payment of costs . . . . . . 48 
 
OEDEE XXVI. 
 
 Default of Pleading. 
 
 1. Default in delivering statement of claim . . . . . . 49 
 
 2. Default in delivering defence . . . . . . . . . . 49 
 
 3. Default by one of several defendants .. .. .. ..49 
 
 4. Default in delivering reply or any subsequent pleading . . . . 49 
 
 5. Default by parties to issues other than between plaintiff and 
 
 defendant . . . . . . . . . - . 50 
 
 6. Setting aside judgment by default . . . . . . . . 50 
 
 OEDEE XXVII. 
 
 Amendment. 
 
 1. Amendment of indorsement or pleadings at any stage by leave of 
 
 Court 
 
 2. Amendment of statement of claim without leave . . 
 
 3. Amendment of counter claim or set off without leave 
 
 4. Disallowance of amendment . . 
 
 5. Pleading to amended pleading 
 
 6. Leave to amend in other cases 
 
 7. Duration of leave to amend 
 
 8. Writing and printing of amendments 
 
 9. Marking of amended pleadings 
 
 10. Time for delivery of amended pleadings . . 
 
 11. Clerical or accidental mistakes in judgments or orders 
 
 12. Amendment of defects or errors by Court 
 
 13. Costs of amendment under Rules 2 and 3 
 
 50 
 50 
 50 
 51 
 51 
 51 
 51 
 51 
 52 
 52 
 52 
 52 
 52 
 
 OEDEE XXVIII. 
 
 Filing Copies of Pleadings. 
 
 1. Filing and marking copies ; default in filing 
 
 2. OfSce copies to be evidence of contents and particulars 
 
 3. Place for filing 
 
 52 
 53 
 53 
 
 OEDEE XXIX. 
 Discovery and Inspection. 
 
 1. InteiTogatories in cases of fraud or breach of trust without leave, 
 
 in other cases by leave of Court 
 
 2. Offer by party sought to be interrogated to be considered by Court . 
 
 3. Costs of improper interrogatories 
 
 4. Form of interrogatories 
 
 5. Interrogatories to officers of corporations, companies, and other 
 
 bodies by leave of Court . . 
 
 6. Objections to answer interrogatories 
 
 7. Setting aside improper interrogatories . . 
 
 8. Time for answering interrogatories 
 
 9. Form of answer 
 
 53 
 54 
 54 
 54 
 
 54 
 54 
 54 
 55 
 65 
 
10. Insufficiency of answer 
 
 11. Order for answer or further answer 
 
 12. Discovery of documents by leave of Court 
 
 13. Form of affidavit of documents 
 
 14. Production of documents 
 
 15. Production and taking copies of documents referred to in pleadings or 
 
 . affidavits ; default 
 
 16. Form of notice to produce 
 
 17. Notice of time for inspection ; form of notice 
 
 18. Application for order for inspection ; affidavit 
 
 19. Order on lord of manor for limited inspection 
 
 20. Where right to discovery or inspection depends on determination of 
 
 question in dispute 
 
 21. Non-compliance with order for answer, discovery or inspection 
 
 22. Service of order on solicitor sufficient to found application for attach 
 
 ment . . 
 
 23. Solicitor neglecting to give notice to client liable to attachment 
 
 24. Part of answer may be used in evidence without putting in whole 
 
 25. Costs of discovery by interrogatories 
 
 26. Payment into Bank to " Security for Costs Account " before delivery 
 
 of interrogatories 
 
 27. Payment out of Bank or transfer into Court 
 2y. Affidavit in answer in action against or by a sheriff 
 
 PAOE 
 
 65 
 55 
 55 
 55 
 56 
 
 56 
 
 56 
 56 
 57 
 57 
 
 57 
 57 
 
 58 
 58 
 58 
 58 
 
 59 
 59 
 60 
 
 OEDEE XXX. 
 
 Admissions. 
 
 1. Admission of truth of case of other party . . . . . . 60 
 
 2. Admission of documents ; costs of proving when refusal to admit 
 
 unreasonable . . . . . . . . . . . 60 
 
 3. Form of notice to admit documents . . . . . . . . 60 
 
 4. Admission of facts ; costs of proving when refusal to admit unreason- 
 
 able . . . . . . . . . . . . . . 60 
 
 5. Form of notice to admit facts . . .. .. .. ..61 
 
 6. Judgment or order on admission of facts . . . . . . 61 
 
 7. Evidence of admissions of documents or facts . . . . . . 61 
 
 8. Form of notice to produce documents; evidence of service of notice 61 
 
 9. Costs occasioned by notice to admit or produce unnecessary documents 62 
 
 OEDEE XXXI. 
 
 Issues, Inquiries and Accounts. 
 
 1. Where issues of fact in dispute not sufficiently defined . . . . 62 
 
 2. Inquiries or accounts may be directed at any stage . . . . 62 
 
 3. Special directions may be given as to accounts . . . . . . 62 
 
 4. Making out and verification of accounts . . . . . . 62 
 
 5. Notice to be given of particulars of amount sought to be charged 
 
 beyond amount admitted . . . . . . . . 63 
 
 6. Inquiry as to outstanding personal estate . . . . . . 63 
 
 7. Accounts or inquiries directed by order to be numbered ; form of order 63 
 
 Just allowances to be made without special direction 
 9. Delay in prosecution of accounts or inquiries 
 
 63 
 63 
 
OEDEE XXXII. 
 
 I. — Special Case. 
 
 1. Parties may concur in stating questions of law ; fomi of special case 64 
 
 2. Decision of question of law before e-ride'nce given or issue of fact tried ; 
 
 stay of proceedings . . . . . . . . . . 64 
 
 3. Printing, signing, and filing of special case ; delivery of printed copy 
 
 for use of Court . . . . . . . . . . 64 
 
 4. Special case where married woman, infant, or person of unsound mind 
 
 is a party . . . . . . . . . . . . 64 
 
 5. Entry of special case for argument ; form of memorandum of entiy . . 65 
 
 6. Judgment for agreed sum on determination of question of law . . 65 
 
 7. Order applicable to every special case stated in cause or matter or 
 
 proceeding incidental thereto . . . . . . . . 65 
 
 8. Special case stated under 13 & 14 Vict. u. 35 . . . . . . 65 
 
 II. — Issues of Fact without Pleadings. 
 
 9. Trial of agreed issues of fact without pleadings ; form of issue . . 65 
 
 10. Order by consent for payment of sum of money on determination of 
 
 issue . . 
 
 11. Judgment for agreed sum ; execution .. 
 
 12. Recording proceedings upon issues . . . . . . . . 66 
 
 66 
 66 
 
 OEDEE XXXIII. 
 
 Telal. 
 
 1. Power of Yice-Ohancellor and practice as to hearing causes or matters 
 
 out of the jurisdiction by consent of parties not affected . . 66 
 
 I. — Place of Trial. 
 
 2. Place of trial . . . . • . • • . ■ . . 67 
 
 II. — Mode of Trial. 
 
 3. Before Vice-Chancellor, or Vice-Chancellor and jury, or Vice-Chancellor 
 
 and assessors . . . . . ■ . . . . . . 67 
 
 4. Application for trial of issues of fact before Vice-Chancellor and jm-y 67 
 
 5. Trial of issue of fact before Vice-Chancellor and jury by direction of 
 
 Vice-Chancellor . . . . . . . • . . 67 
 
 6. Direction as to time and mode of trial of different questions of fact . . 67 
 
 III. — Notice and Entry of Trial. 
 
 7. Notice of trial by plaintiff; time for giving .. .. ..68 
 
 8. Notice of trial by defendant ; dismissal for want of prosecution . . 68 
 '■). Contents and form of notice of trial . . . . . . . . 68 
 
 10. Length of notice ; of short notice . . _ . . . • . . 68 
 
 11. Notice of trial to be given before entering for trial . . . . 68 
 
 12. Default of entiy for trial .. .. •• •• ..69 
 
 13. Countermanding of notice for trial . . . . • • . . 69 
 
 14. Entry for trial by other party on default . . . . . . 69 
 
XIV. 
 
 FAOE 
 
 15. Setting down for farther consideration ; time for giving and form of 
 
 notice . . . . . . . . . . . . 69 
 
 16. Notice to Eegistrar of postponement or withdrawal of trial ; expunging 
 
 of entry . . . . • • . • • • . . 69 
 
 17. Where trial entered by both parties . . . . . . . . 69 
 
 IV. — Papers for the Vice- Chancellor. 
 
 18. Two copies of the pleadings to be delivered to the Registrar . . 69 
 
 V. — Proceedings at Trial. 
 
 19. Default of appearance at trial by defendant . . . . . . 70 
 
 20. Default of appearance at trial by plaintiff . . . . . . 70 
 
 21. Setting aside verdict or judgment obtained in default of appearance. . 70 
 
 22. Postponement or adjournment of trial . . . . . . . . 70 
 
 23. Speeches by parties or theu' counsel at trial ; . . . . 70 
 
 24. Disallowance of vexatious or irrelevant questions on cross-examination 70 
 
 25. Eegistrar to take note of time of commencement and termination of 
 
 hearing or trial . . . . . . . . . . 71 
 
 26. Registrar to enter findings of fact, directions and certificates at trial. . 71 
 
 VI. — Proceedings under Statute relating to Trial by Jury. 
 
 27. Record for trial ; filing of Record ; entry for trial . . . . 71 
 
 28. Direction for trial by special jury . . . . . . . . 71 
 
 29. Order for Sheriff or Coroner to summon common jury . . . . 71 
 
 30. Order for special jury when directed by Court ; expense of special juiy 72 
 
 31. Order for special jury when not directed by Court ; expense of special 
 
 jury .. .. .. .. .. .. .72 
 
 32. Twelve common jurymen to be summoned in addition to special jury 72 
 
 33. Return by Sheriff or Coroner of order and jury panel ; leaving same 
 
 with Registrar to be annexed to Record . . . . . . 72 
 
 34. Making up special jury from common jvu'ymen where special jury 
 
 directed by the Court . . . . . . . . . . 72 
 
 35. Making up special jury from common jurymen where not directed by 
 
 the Court . . . . . . . . . . . . 73 
 
 36. Motion for a view . . . . . . . . . . . . 73 
 
 87. Statement of place of view and distance thereof ; deposit ; scale of 
 
 charges . . . . . . . . . . . . 73 
 
 38. Nominating and reducing special jury and proceedings after order for 
 
 * Tiew . . . . . . . . . . . . 74 
 
 39. Payment into Court in respect of damages ; costs of trial or inquiry. . 74 
 
 40. Record, return, and jury panel to be left with Registrar . . . . 75 
 
 41. Calling and administering oath to jurors and witnesses .. .. 75 
 
 42. Usher to take charge of jury . . . . . . . . . . 75 
 
 43. Indorsement, signature, and filing of Record by JRegistrar. . . . 75 
 
 44. Application for new trial to be by notice of motion ; contents of notice 75 
 
 45. Length of notice . . . . . . . . , . . : 75 
 
 46. Amendment of notice by leave of Court . . . . . . 75 
 
 47. Grounds for granting new trial; new trial as to part of matter in 
 
 controversy or some of parties . . . . . . . . 75 
 
 48. New trial on one of several questions . . . . . . . . 76 
 
 49. Writ of inquiry of damages . . . . . . . . . . 76 
 
 50. Rules in High Court relative to notices of inquiry to be applicable . . 76 
 
 51. Filing of writ of inquiry . . . . . . . . . . 76 
 
XV. 
 
 52. Applications to set aside verdict or inquisition . . 
 
 53. Subpoenas ad testificandum and duces tecum 
 
 54. Forms of proceedings under 27th and following Rules 
 
 55. Damages in respect of continuing cause of action 
 
 56. Court may obtain assistance of assessors, accountants and others 
 
 PAGE 
 
 76 
 76 
 76 
 
 77 
 77 
 
 OEDEE XXXIV. 
 I. — Evidence Generally. 
 
 1. Examination of witnesses Dion voce ; affidavits; examination of wit- 
 
 nesses out of Court 
 
 2. Judgments or orders in other Com'ts read without order ; depositions 
 
 only by order of the Court 
 
 3. Evidence taJi:en in another cause or matter 
 i. Office copies admissible in evidence 
 
 II. ExAjnKATION OF WITNESSES. 
 
 0. Court may order examination of witness or person before Court, 
 Vice-Chancellor, Registrar, or other person 
 
 6. Form of order for and writ of commission to examine witnesses 
 
 7. Order for attendance of person to produce documents 
 
 8. Person disobeying order for attendance to be examined or produce 
 
 documents guilty of contempt of Court 
 
 9. Conduct money and expenses of person required to attend 
 
 10. Papers to be furnished to Registrar or other Examiner 
 
 11. Mode of Examination 
 
 12. Depositions to be taien down in writing ; questions objected to 
 
 13. Person duly summoned refusing to attend, or to be sworn or to answer 
 
 lawful question 
 
 14. Question objected to by witness and objection to be taken down 
 
 15. Costa occasioned by refusal or objection 
 
 16. Depositions to be filed in Chancery Office 
 
 17. Examiner may make special report 
 
 18. When depositions may be given in evidence at hearing 
 
 19. Registrar or other Examiner may administer oaths 
 
 20. Any party may require attendance of witness before Registrar or other 
 
 Examiner . . . . . . . . . . 
 
 21. Evidence taken subsequently to the hearing to be taken in same 
 
 manner as at trial 
 
 22. Practice at trial applicable to evidence taken at any stage . . 
 
 23. Special directions as to evidence taken after the hearing . . 
 
 24. Affidavits or depositions before issue joined not receivable at hearing 
 
 without notice . . 
 
 25. Evidence taken at hearing may be used in subsequent proceedings . . 
 
 26. Notice to be given of examination or cross-examination . . 
 
 III. — Subpoena. 
 
 27. Form of pracipe 
 
 28. Form of subpcena .. 
 
 29. Number of names in a tubpana - 
 
 30. Number of names in a subpcena duces tecum 
 
 31. Correcting and resealing subpoena 
 
 32. Mode of service of subpmna . . 
 
 33. Affidavit of service of swhpana 
 
 34. Time for service of subpcena . . 
 
 77 
 
 77 
 78 
 78 
 
 78 
 78 
 78 
 
 78 
 79 
 79 
 79 
 79 
 
 80 
 80 
 80 
 80 
 80 
 81 
 81 
 
 81 
 
 81 
 81 
 81 
 
 81 
 82 
 82 
 
 82 
 82 
 83 
 83 
 83 
 83 
 83 
 83 
 
IV. — Perpetuating Testimony. 
 
 35. Actions to pei-petuate testimony . . . . . . . . 83 
 
 36. Where Crown interested Attorney General of Duchy to be made 
 
 defendant . . . . . . . . . • . . 83 
 
 37. 'Witnesses not to be examined unless action commenced . . . . 84 
 
 38. Actions not to be set down for trial . . . . . . . . 84 
 
 OEDEE XXXV. 
 I. — Appidayits and Depositions. 
 
 1. Evidence upon motion, petition, or summons . . . . . . 84 
 
 2. Title of affidavits . . . . . . . . . . . . 84 
 
 3. Contents of affidavits ; costs of improper affidavits . . . . 84 
 
 4. Affidavits sworn in England, before whom sworn. . . . . . 84 
 
 5. Time and place of taking affidavits, &o., to be expressed by commis- 
 
 sioners to administer oaths ... . . . . . . 85 
 
 6. Evidence taken in Scotland or Ireland, the colonies or abroad, before 
 
 whom taken . . . . . . . . . . , . 85 
 
 7. Form of affidavits . . . . . . . . . . . . 85 
 
 8. Description and abode of deponent to be stated . . . . . . 85 
 
 9. Names of deponents to be inserted in jurat . . . . . . 85 
 
 10. Filing of affidavits ; form of note to be appended . . . . 86 
 
 11. Striking out scandalous matter . . . . . . . . 86 
 
 12. Interlineations, alterations, or erasm'es . . . . . . . 86 
 
 13. Affidavits by illiterate or blind persons . . . . . . . . 86 
 
 14. Defective or irregular affidavits may be received . . . . , . 86 
 
 15. Original and office copies of affidavits . . . . . . . . 87 
 
 16. Affidavits not to be sworn before solicitor of party, his agent or corres- 
 
 pondent, or before party himself . . . . . . . , 87 
 
 17. Affidavit insufficient if sworn before solicitor himself, insufficient if 
 
 sworn before his clerk or partner . . . . . . . . 87 
 
 IB. Affidavit filed after time not to be used without leave . . . . 87 
 
 19. Affidavits must be made before application for ex parte order, except 
 
 in case of affidavits of service . . . . . . . . 87 
 
 II. — Affidavits and Evidence in Chambees. 
 
 20. Notice of intention to use affidavit 
 
 21. Affidavits used in Court 
 
 22. Alterations in accounts verified by affidavit to be initialed . . 
 
 23. Documents referred to by affidavit to be made exhibits 
 
 24. Certificates on exhibits to be marked with short title of cause 
 
 87 
 87 
 87 
 88 
 88 
 
 III. — Tkial on Affidavit. 
 
 25. Filing of affidavits and delivering of list by plaintiff , . . . 88 
 
 26. ,, „ ,, ,, by defendant .. .. 88 
 
 27. Affidavits in reply . . . . . . . . . . . . 88 
 
 28. Cross-examination of deponent making affidavit . . . . . . 88 
 
 29. Compelling attendance of deponent for cross-examination . . . . 89 
 
 30. Printing of evidence ; time for giving notice of trial . . . . 89 
 
 IV.— Ceoss-Examination op Affidavit Witness. 
 
 31. Cross-examinatiou and re-examination before Registrar or Examiner 89 
 
 32. Ee-examination immediately to follow cross-examination . , . . 90 
 
xvu. 
 
 OEDEE XXXVI. ""'' 
 
 Motion for Judgment. 
 
 1. Where judgment to be obtained by motion . . . . . . 90 
 
 2. Setting dovrn motion for judgment after issues tried .. .. 90 
 
 3. By leave of Court after some only of several issues tried . . . . 90 
 
 4. Time within which motion must be set down . . . . . . 90 
 
 5. Discretion of Court to give judgment or to give directions for standing 
 
 over, trial of issues and taking of accounts, &o. .. .. 91 
 
 OEDEE XXXVII. 
 Drawing up and Entering Judgments and Orders. 
 
 1. Documents to be left with Registrar on bespeaking judgment or order. 
 
 2. Time for bespeakiDg judgment or order . . 
 
 3. Consequence of defai^t 
 
 4. Appointment of time for setthng draft judgment or order . . 
 
 5. Service of warrant ; attendance before Registrar . . 
 
 6. Mode of service of warrant . . 
 
 7. Appointment of time for passing judgment or order 
 
 8. Proof of service of warrant . . 
 
 9. Consequences of default in attendance or production of documents, 
 
 10. Adjournment of appointment . . 
 
 11. Registrar may settle and pass judgment or order without appointment 93 
 
 12. Registrar, if requested, to certify as to special allowance 
 
 13. Date of judgments . , 
 
 14. Time for doing act to be stated in judgment or order ; indorsement of 
 
 memorandum . . 
 13. Drawing up of judgment or order upon filing of requisite affidavit or 
 production of necessary document 
 
 91 
 91 
 91 
 91 
 92 
 92 
 92 
 92 
 
 93 
 93 
 
 93 
 
 93 
 
 16. Consent of defendant to judgment or order to be given by his solicitor 94 
 
 17. Where defendant has not appeared or has appeared in person . . 94 
 
 18. Mode of passing judgments and orders . . . . . . 94 
 
 19. Entry of judgments and orders ; forms of judgments . . . . 94 
 
 20. Mods of entry ; examination of entries . . , . . . 94 
 
 OEDEE XXXVIII. 
 I. — Execution. 
 
 1. Payment of money or delivery of property to be made on service of 
 
 Judgment or order without demand . . . . . . 95 
 
 2. Effect of non-compliance with conditions upon which judgment or 
 
 order was obtained . . . . . . . . . . 95 
 
 3. Enforcing judgment for payment of money . . . . . . 95 
 
 4. By sequestration or attachment . . . . . . . . 95 
 
 5. Enforcing judgment for delivery of possession of land . . . . 95 
 
 6. Enforcing judgment for recovery of property other than land or money 95 
 
 7. Enforcing judgment requiring person to do any act other than pay- 
 
 ment of money or to abstain from any act . . . . . . 95 
 
 8. Meaning of terms " writ of execution" and " issuing execution against 
 
 any party" . . . . . . . . . . . . 96 
 
 9. Issuing execution on judgment or order upon condition or contingency 96 
 10. Execution against a iirm . . . . . . . . . . 96 
 
XVllI. 
 
 FAOE 
 
 11. Execution not to issue without production to Eegistrar of judgment 
 
 or order . . . . . . . . • • . . 97 
 
 12. Execution not to issue without prsecipe ; contents, signing, and form 
 
 of prfficipe . . . . . . . . . . . . 97 
 
 13. Indorsement of writ of exeoutiou . . . . . . . . 97 
 
 14. Dating and form of writ of execution . . . . , . . . 97 
 
 15. Poundage, fees, and expenses may be levied . . . . . . 97 
 
 16. Indorsement of writ of execution for recovery of money, with direc- 
 
 tion to sheriff . . . . . . . . . . . . 97 
 
 17. Judgment creditor may sue out writs of fieri facias or elegit ; time 
 
 for issuing . . . . . . . . . . . . 98 
 
 18. One writ or separate writs for recovery of sum of money and costs 98 
 
 19. Time for issuing . execution on judgment or order other than for pay- 
 
 ment of money or costs or recovery of land . . . . 98 
 
 20. Duration and renewal of writ ; effect of renewed writ . . . . 98 
 
 21. Evi4ence of renewal of writ . . . . . . . . . . 98 
 
 22. Time within which execution may issue as between original parlies , , 99 
 
 23. Leave to issue execution after six years or change of parties . . 99 
 
 24. Enforcement of orders . . . . . . . . . . 99 
 
 25. Date, duration and renewal of order of commitment under Debtors' 
 
 Act, 1869 . . . . . . . . . . . . 99 
 
 26. Enforcement of orders by or against persons not parties . . . . 100 
 
 27. Stay of execution on ground of facts subsequently arisen . . . . 100 
 
 28. Existing lights to enforce judgments or orders not affected . . 100 
 
 29. Order of issue of writs of execution . . . . . . . . 100 
 
 30. Enforcement of mandatory orders, injunctions, and judgments for 
 
 specific performance , . , . . , . . . . 100 
 
 II. — Discovery in aid of Execution. 
 
 31. Examination of judgment debtor as to debts owing to him and other 
 
 propei'ty . . . . . . . . . . . . 101 
 
 32, Examination of party in case of difficulty arising in enforcement of 
 
 judgment or order other than for payment of money . . . . 101 
 
 83. Costs of applications under last two rules . . . . . . 101 
 
 OEDEE XXXIX. 
 
 Writs of Fiebi Facias, Elegit and Sequestration. 
 
 1. Effect of and manner of executing writs of fieri facias and elegit . . 101 
 
 2. Writ of venditioni exponas where goods seized but not sold . . 101 
 
 3. Writs of fieri facias de bonis ecclesiasticis or sequestration against 
 
 beneficed clerk where no goods or lay fee in bailiwick . . 102 
 
 4. Execution of writs of fi^ri facias de bonis ecclesiasticis or sequestra- 
 
 tion .. .. .. .. .. .. ..102 
 
 5. Indorsement and testing of writs . . . . . . . . 102 
 
 6. Writs in aid of fieri facias or elegit .. .. . . . . 103 
 
 7. Writ of sequestration against person disobeying order, where time 
 
 limited .. .. .. .. .. ..103 
 
 8. No subpoena nor, unless by leave, sequesti'ation to issue for payment 
 
 of costs . . . . . . . . . . . . 103 
 
OEDEE XL. 
 
 Attachjient. 
 
 1. Effect of writ of attachment .. .. .. .. .. 103 
 
 2. Not to issue without leave . . . . . . . . . . 103 
 
 OEDEE XLI. 
 Chakging Orders and Stop Orders. 
 
 1. Proceedings to obtain and effect of charging orders . . . . 103 
 
 2. Costs occasioned by stop orders . . . . . . . . 104 
 
 3. Service of application for stop order . . . , . . 104 
 
 OEDEE XLII. 
 
 Writ of Possession. 
 
 1. To issue on filing afSdavit, showing service and disobedience of order 104 
 
 OEDEE XLIII. 
 Writ of Delivery. 
 
 1. Execution may be ordered to issue without giving defendant option of 
 
 retaining property at a valuation . . . . . . . , 105 
 
 2. Form of writ of deKvery; right of plaintiff on issue .. .. 105 
 
 OEDEE XLIV. 
 
 I. — Interlocutory Orders as to Injunctions or Interim 
 Preservation of Property, &c. 
 
 1. Order for preservation of property may be made when prima facie case 
 
 of liability estabhshed and right to be relieved from liabiUty 
 alleged by way of defence . . . . . . . , 105 
 
 2. Order for sale of perishable goods . . . . . . . . 105 
 
 3. Order for detention, preservation or inspection ; entry on land; taking 
 
 of samples ; observations and experiments . . . . . . 106 
 
 4. Inspection by Court . . . . . . . . . . . . 106 
 
 5. Inspection by jury . . . . . . . . . . . . 106 
 
 6. Applications for injunction or receiver, how and when to be made ; 
 
 applications under Eules 2 or 3 to be after notice . . . „ 106 
 
 7. AppUcatious nnder Eule 1 may be made after right appears from 
 
 pleadings . . . .' ' . . ' . . . . . . 107 
 
 8; Ordel- for giving up property other, than land, upon payment into Court 
 
 ' of amount in respect of which', lien is olairned .. .. 107 
 
 9, Allowance of income or' part of capital on account .. .. 107 
 
 10.' Ko writ of injuiiction to be issued ; effect of order for injunction . . 108 
 
 11. InjonotionB to restrain wrongful act or breach of contract ... . . 108 
 
 '■'62 
 
II. — Eeceivees. 
 
 12. Security and salary ; form of bond .. .. •■ ,..'• ^^^ 
 
 J 3. Receiver, if so directed, to manage and let land with the approbation 
 
 of the Registrar .. .. ■• •■ " ]na 
 
 14. Liberty to pay money into Court on account . . •_ • -1"° 
 
 15. Fixing days for Receivers to leave and pass accounts and pay in 
 
 balances ; consequences of neglect . . • ■ • • 1^9 
 
 16. Form of Receivers' accounts . . . . • • ■ ■ • • ^"" 
 
 17. Receiver to leave account and affidavit verifying same; form of 
 
 afSdavit ; appointment to pass account . . . . _ • • 10" 
 
 18. Consequence of default in leaving account, or affidavit, or passing 
 
 account, or making payment . . . • - • • • 1"" 
 
 OEDEK XLV. 
 
 Sales by the Court. 
 
 1. Order for sale of real estate ; possession to be given up . . . . 110 
 
 2. Abstract of title to be laid before counsel ; conditions of sale . . 110 
 
 3. Sales to be with approbation of and before Registrar; all proper 
 
 parties to concur . . . . . . • • • • HO 
 
 4. Place and time of sale . . . . . . . • ■ • HO 
 
 5. Conditions of sale to be settled by Registrar . . . . . . HI 
 
 6. Conduct of sale of property vested in executor, administrator, or 
 
 trustee . . . . . • ■ • • • • HI 
 
 7. Reserved biddings fixed by Registrar . . . . . . . . HI 
 
 8. Affidavits to state value by reference to exhibits . . . . . . HI 
 
 9. Deposit .. .. .. .. •• ■• ..HI 
 
 10. Sale by private contract by sanction of Court . . . . . . 112 
 
 11. Reference to counsel for investigation of title on purchase, mortgage, 
 
 or sale, or settlement of draft . . . . . . ■ • 112 
 
 12. Objections to opinion of counsel to be disposed of by Registrar . . 112 
 
 OEDEE XLVI. 
 Motions and other Applications. 
 
 1. Applications to Court to be by motion . . . . . . . . 112 
 
 2. Rules nisi and orders to shew cause not to be applied for in certain 
 
 cases . . . . . . . . . . . . . . 113 
 
 3. Motions to be made on notice ; discretion of Com't as to ex parte 
 
 orders . . . . . . . . . . . . 113 
 
 4. Notice of motion to set aside, remit, or enforce an award, or for 
 
 attachment, or to strike off the rolls . . . . . . 118 
 
 5. Time between service of notice and hearing motion , . . . 113 
 
 6. Dismissal or adjournment of motion for want of notice . . . . 113 
 
 7. Adjournment generally . . . . . . . . . . 114 
 
 8. Service of notice, petition, or summons on defendant who has not 
 
 appeared . . . . . . . . . . . . 114 
 
 9. Service of notice of motion by leave of Court with writ of summons 114 
 
 10. Return of writ or to bring in the body of person ordered to be 
 
 attached or iommitted . . . . . . . . . . 114 
 
 11. Sheriff going out of office after arrest of defendant . . . . 114 
 
 12. Date of orders .. .. ., .. .. .. 114 
 
XXI. 
 
 PAGE 
 
 13. Orders wliioh need not be drawn np . . . . . . . 114 
 
 14. Entering orders nwnc pro tone .. .. .. ..115 
 
 15. Answering petitions . . . . . . . . . . . . 115 
 
 16. Statement of persons to be served with petition . . . . . . 115 
 
 17. Time between service and hearing of petition . . . . . . 115 
 
 18. Affidavits in support of applications under Acts of Parliament 
 
 directing purchase money to be paid into Court . . . . 115 
 
 19. Applications for opinion, &o., of Tice-Chanoellor, under 30th section 
 
 of 22 and 23 Vict. c. 35.. .. .. .. ..116 
 
 20. Filing of statement on conclusion of proceedings under same section 116 
 
 21. Time for service of petitions and summonses under same section , . 116 
 
 22. Eecording of "judicial opinion," &c. .. .. .. .. 116 
 
 23. Marking of notices of motion and petitions not in a cause . . 116 
 
 24. Title of proceedings under Court of Chancery of Lancaster Acts, 
 
 1850 and 1854 . . . . . . . . . . 117 
 
 OEDER XLVn. 
 
 Proceedings under Companies' Acts. 
 1. Application of General Orders and Rules of High Court , . . . 117 
 
 OEDEE XLVIII. 
 
 Summary Applications to the Vice-Chancellor, and 
 
 Proceedings in the Chambers op the Eegistrar. 
 
 I. — General. 
 
 1. In what cases summary applications to [be made ; how heard and 
 
 determined . . . . . . . . • • • • 117 
 
 2. Applications excepted from preceding rule . . . . . . 118 
 
 II. — Administrations and Trusts. 
 
 3. Applications by petition or motion for determination of questions, (fee, 
 
 without administration . . . . . . • • • • 119 
 
 4. Applications by petition, motion, or originating summons for adminis- 
 
 tration . . . . . • • • ■ • • • 120 
 
 5. Persons to be served on applications under last two Rules. . .. 120 
 
 6. Service on other persons by direction of the Court . . . . 121 
 
 7. Evidence in support of apphoations ; directions for trial of questions . . 121 
 
 8. Judgment on applications . . . . . . • • • ■ 121 
 
 9. Special directions as to carriage, execution, or service of judgment . . 121 
 
 10. Court not bound to make administration order if questions can be 
 
 properly determined without .. .. ■• ..121 
 
 11. Powers and discretion of executors, administrators, and trustees not 
 
 interfered with, except where necessary, on applications under 
 Rule 3 . . . . . . . ■ • • . . 121 
 
 12. Applications under Charitable Trusts Act, 1853 . . . . . . 122 
 
 III. — Originatiny Petitions, Motions, Summonses and Warrants, 
 
 13. Form of originating petitions, and notices of motion, and originating 
 
 and other summonses ; issue of summonses . . . . . . 122 
 
 14. Entries in the " Summons Book " or " Warrant Book " .. ..122 
 
PAOE 
 
 122 
 
 15. Summonses and wan-ants not to be altered after sealing .. ^ .. 
 
 16. Time for service of originating petitions and nofaoes of motion, and 
 
 originating a»d other summonses . . • • • • '■^'^ 
 
 17. Appointment of new time by indorsement on originating summons 
 
 and sealing of indorsement . . . . • ' ' i od 
 
 18. Entering appearance to originating summonses . . .. ■■ '''° 
 
 19. Registrar may proceed ex parte on return of summons ; evidence ol 
 
 service . . . • ■ • ' ' t> • j. ' ' t "t 
 
 20. Ee-consideration of ex parte proceedings before Eegistrai'; costs ol 
 
 non-attendance . . • ■ • • ■ • • • ^^^ 
 
 21. Costs on failure of proceedings by non-attendance .. .. lia 
 
 22. Appointment of Registrar to be by warrant ; form and time for ser- 
 
 vice of warrant . . ■ • ■ • ■ • • ■ J-^^ 
 
 23. Warrants to be peremptory ; allowance of fees on attendance . . 1^4 
 
 24. Registrar may proceed de die in diem . . ■ ■ ■• ■ ■ 124 
 
 25. Further attendance . . . . . . ■ • • • • • |-^^ 
 
 26. All matters to be decided may be included in one summons . . 124 
 
 IV. — Documents to be left at CJiambers, and Warrants to proceed. 
 
 27. Bringing in judgment or order, where matter referred to Registi-ar . . 124 
 
 28. Appointment to consider judgment or order .. .. .. 125 
 
 29. Subsequent attendances . . . . • • • ■ 125 
 
 30. Enlargement of time . . ■ • • ■ ■ • • • 12a 
 
 31. Settling deed . . . . . . ... . ■ . . 125 
 
 32. Dispensing with service of notice of judgment or order : substituted 
 
 service or notice . . . . ■ . . . ... 126 
 
 33. Directions for advertisement for creditors and leaving accounts, 
 
 where necessary parties not served . . . . . . 120 
 
 34. Course of proceeding in chambers to be the same as on motions ; 
 
 documents to be supplied . . . . . ■ • . 126 
 
 V. — Powers and Duties of the Registrars. 
 
 35. Advertisements, summoning parties and witnesses, oaths, production 
 
 of documents, affidavits and acknowledgments . . . . 126 
 
 36. Parties and witnesses summoned to attend liable to process of con- 
 
 tempt and to penalties for false swearing . . . . . . 127 
 
 37. Production of documents and examination of parties where accounts 
 
 or inquiries are directed .. .. .. .. ..127 
 
 38. Registrar to determine what documents are to be produced, and time 
 
 and manner of production . . . . . . . . 127 
 
 39. Form of order for discovery, production, or inspection . . . , 128 
 
 40. Examination of witness viva voce . . . . , . . , 128 
 
 41. Examination of party or claimant viva voce . . . . . . 128 
 
 42. Refusal of person to be sworn or to answer lawful question to be 
 
 certified to Court . . . . . . . . . . 128 
 
 43. No review or reconsideration of proceedings to be allowed without 
 
 special grounds . . . . . . . . . . 128 
 
 44. Power and discretion of Registrar as to ccrsts . . . . . . 129 
 
 45. Costs of adjournment occasioned by non-attendance or neglect . . 129 
 
 46. Costs of counsel attending at Chambers . . . . . . 129 
 
 47. Registrar may expunge scandalous matter in affidavits or other 
 
 proceedings . . . . . . . . . . . . 129 
 
XXUl. 
 
 VI. — A ttendances. 
 
 48. Classifying interests ; costs oeoasioned by employment of different 
 
 solicitor . . . . . . . . . . . . 130 
 
 49. Registrar may require parties to be represented by distinct solioitora 130 
 
 50. Attendance by parties not directed to attend . . . . . . 130 
 
 51. Order on warrant stating parties to attend . . . . . . 130 
 
 52. Delay in prosecuting order . . . . . . . . . . 131 
 
 63. Delay in prosecuting other proceedings . . . . . . 131 
 
 VII. — Advertisements for Creditors and Claimants. 
 
 54. Persons not proving claims ■within time fixed by advertisement to be 
 
 excluded from benefit of order . . . . . . . . 131 
 
 55. Number of advertisements . . . . . . . . . . 132 
 
 56. Advertisements by whom prepared ; signature of Registrar to be 
 
 authority to printer of Gazette . . . . . . . . 132 
 
 57. Contents and form of advertisements for creditors and claimants ; 
 
 time to be fixed for adjudication .. .. .. ..132 
 
 58. Office copies of affidavits of claimants . . . . . . . . 132 
 
 59. Affidavits ov attendance of creditors not iu general necessary in 
 
 support of claims . . . . . . . . . . 132 
 
 60. Production of security by creditors ; form of notice for production 
 
 of other doouraeuts in support of claims of creditors . . 133 
 
 61. Costs of proving claims by creditors . . . . . . . . 133 
 
 62. Examination of claims of creditors by executor ; form of executor's 
 
 affidavit and list of claims . . . . . . . . 133 
 
 63. Registrar may direct postponement of affidavit till adjudication . . 133 
 
 64. Adjournment of hearing of claims ; farther evidence . . . . 134 
 
 65. Adjudication upon claims of creditors . . . . . . . . 134 
 
 66. Forms of notice of allowance of claim and of notice to attend and 
 
 prove claim . . . . . . . . . . . . 134 
 
 67. No claims to be received after time fixed, except by leave of Registrar 134 
 
 68. Costs of establishing debts . . . . . . . . . . 134 
 
 69. List of claims allowed . . . . . . 135 
 
 70. Form of notice to receive cheques . . . . . . . . 135 
 
 71. Service of notices by post . . . . . . . . . . 135 
 
 VIII. — Interest. 
 
 72. Computation of interest on debts . . . . . . . . 135 
 
 73. Payment of interest on debts not carrying interest . . . . 135 
 
 74. Computation of interest on legacies . . . . . . . • 136 
 
 IX. — Reports and Certificates of the Registrar. 
 
 75. Registrar may obtain assistance of accountant or other person . . 136 
 
 76. Special certificate ; separate report . . . . . • • • 136 
 
 77. Certifying state of assets on separate report . . . . . . 136 
 
 78. Report or certificate where Registrar cannot dispose of whole matter 137 
 
 79. Contents of certificates or reports . . • ■ ■ . . 137 
 
 80. Contents of certificates or reports on result of accounts ; accounts and 
 
 transcripts to be filed therewith . . . . . . . - 187 
 
PAOE 
 
 81. Form of Eeport ; tiansoription and signature . . . . ■ • 137 
 
 82. Reports or certificates to be binding unless discharged or varied by the 
 
 Court ; time within which appUcation to be made . . . . 138 
 
 83. Applications to vary after expiration of time . . . ■ ._ • • 138 
 
 84. Motions to discharge or vary to be heard on evidence before Registrar; 
 
 reception of further evidence by leave of Court . . . . 138 
 
 X. — Further Consideration. 
 
 85. Further consideration of matter originating in Chambers . . . . 138 
 
 XI. — Registenng and Drawing lop of Orders in Chambers. 
 
 86. Notes of proceedings in Chambers, with dates, to be kept . . . . 139 
 
 87. Drawing up and entering of directions or orders given or made by 
 
 Registrar . . . . . . . . . . . . 139 
 
 XII.— Forms. 
 
 88. Forms 11 to 29, in Appendix L, to be used . . . . . . 139 
 
 XIII. — General Provisions. 
 
 89. Documents bearing Seal of Chancery Ofifioe to be receivable in evidence 
 
 without further authentication . . . . . . . . 139 
 
 90. No judgment or order need be enrolled. . .. .. .. 140 
 
 91. Petitions, submissions to arbitration, awards, or written adnfiissions of 
 
 evidence to be filed before orders passed . . . . . . 140 
 
 92. Date of filing proceedings to be marked thereon . . . . . . 140 
 
 93. Indexes or calendars to the files to be kept ; access thereto . . 140 
 
 94. Entries of time of delivery of certificates and other documents filed . . 140 
 
 95. Marking of documents with year, letter, and number of cause or 
 
 matter . . . . . . . . . . . . 140 
 
 96. Dates of judgments, orders, and certificates to be entered in Cause 
 
 Books . . . . . . . . . . . . 140 
 
 97. Certificates of proceedings . . . . . . . . . . 141 
 
 98. Removal of records or documents filed . . . . . . . . 141 
 
 99. Deposit to answer fees, and undertaking to pay further fees on attend- 
 
 ance of Registrar with record or document . . . . . . 141 
 
 100. Deposit of documents in Chancery Office . . . . . . 141 
 
 101. Filing of petitions, admissions of evidence, submissions to arbitration 
 
 and awards ; office copies thereof, or of reports or certificates . . 141 
 
 XIV. — Appeals from the Registrar. 
 
 102. Orders and decisions of Registrar appealable by motion ; time for 
 
 appealing . . . . . , . . _ _ m 
 
 XV. — Proceedings relating to Infants. 
 
 103. Applications for appointment of guardians and maintenance . . 142 
 
 104. Evidence on such apphcatious . . . . . . _ _ 142 
 
 105. Evidence on applications to sanction settlements ou marriage ' ' 142 
 llfi Appomting guardian ad litem- io infaut or person of unsound mind 
 
 during proceedings in Chambers , . . . . 143 
 
 106 
 
XXV. 
 
 OEDEE XLIX. 
 
 Ee-heakings. 
 
 1 . Time for re-hearings ; enlargement of time 
 
 2. Proceedings on judgment or order not to be stopped 
 
 3. Contents of petition of re-hearing . . . , 
 
 4. Deposit on obtaining re-hearing 
 
 5. Non-appearance of party served with petition of re-hearing 
 
 6. Petitions of re-hearing of judgments or orders made on motion 
 
 143 
 143 
 143 
 143 
 
 144 
 144 
 
 OEDEE L. 
 
 Payment into and out of Coxjet. 
 
 I. — Preston District under Court of Chancery of Lancaster Act, 1854, 
 
 Sect. 13. 
 
 1. Payment into branch of Bank of England in another District where 
 
 none in Preston District . . . . . . . . . . 144 
 
 n. — General. 
 
 2. Persons by or to whom money, &c., is directed to be paid to be 
 
 described by name in the order . . - . . . . . . 145 
 
 3. Time for making periodical payments to be specified at length . . 140 
 
 4. Legacy or succession duty on fund in Court . . . . . . 146 
 
 III. — Payment into the Court under the Trustee Relief Act. 
 
 5. Trustee to file affidavit ; contents of affidavit . . . . . . 147 
 
 6. Begistrar to give directions for transfer, deposit, or payment, and to 
 
 place funds to account of particular trust . . . . . . 147 
 
 7. Investments may be made without order or request . . . . 148 
 
 8. Trustee to give notice to persons named in affidavit . . . . 148 
 
 9. Applications respecting fund in Court . . . . . . . . 148 
 
 10. Trustee to be served with notice of application made by any person 
 
 interested in fund . . . . . . . . . . 149 
 
 11. Persons interested in fund to be served with notice of application by 
 
 trustee . . . . . . . . . . . . 149 
 
 12. Place for service of petitioner to be named in petition . . . . 149 
 
 OEDEE LI. 
 
 Time. 
 
 1. Time limited by months to be computed by calendar months . . 149 
 
 2. Sunday, Christmas Day, or Good Friday not to be reckoned in com- 
 
 putation of limited time if less than six days . . . . 149 
 
 3. Where time expires on Sunday or other day when ofiSoes are closed. . 149 
 
 4. Computation of time where security for costs is ordered to be given . . 149 
 
 5. Power of Court to enlarge or abridge time . . . . . . 150 
 
 6. Hours for service of proceedings ; service by post . . . . ISO 
 
 7. Days not expressed to be clear days to be reckoned exclusively of first 
 
 and inclusively of last day . . . . . . - . . 150 
 
 8. Month's notice of intention to proceed where no proceeding for a year 150 
 
OEDEK LII. 
 Costs. 
 
 1. Costs to be in discretion of Court ; costs of trustees, &c. ; where issue 
 
 tried by jury .. .. .. .. .. .. 151 
 
 2. Costs of several issues of fact or law to follow event . . . 161 
 
 3. Payment by solicitor personally may be directed where costs occasioned 
 
 by his neglect to attend or deliver necessary papers . . . . 151 
 
 4. Security for costs ; amount, manner, and form . . . . . . 151 
 
 5. Bond, where directed, to be given to person requiring security . . 151 
 
 6. Costs improperly incurred or proving fruitless through default of 
 
 soUcitor . . . . . . . . . . . . 152 
 
 7. Costs of solicitor appointed to be guardian ad litem .. . . 152 
 
 8. Set-oif for damages or costs notwithstanding solicitor's lien . . 152 
 
 9. Service of warrant to tax costs unnecessary where defendant has not 
 
 appeared . . . . . . . . . . . . 152 
 
 10. Registrars to be taxing officers . . . . . . . . 152 
 
 11. Expenses of having drafts settled by other counsel, where settled by 
 
 conveyancing counsel under direction of Court or Eegistrar . . 153 
 
 12. Payment of sum in gross may be directed on interlocutory applica- 
 
 tions in hen of taxed costs . . . . . . . . 153 
 
 13. Costs of improper, vexatious, unnecessary, or prolix proceedings may 
 
 be disallowed by Court or taxing officer, or directed to be paid 
 
 to other party . . . . . . . . . . . . 153 
 
 14. Powers of taxing officer where party entitled to receive costs is also 
 
 liable to pay costs . . . . . . . , . . 154 
 
 15. Costs of unnecessary appearance . . . . . . . . 154 
 
 16. Costs of appKcations for extension of time . . . . , . 154 
 
 17. Taxing officer to direct what parties are to attend on taxation of costs 
 
 to be borne by fund . . . . . . . . . . 154 
 
 18. Where party neglects to bring in his costs for taxation . . . . 155 
 
 19. Costs incun-ed through over-caution, negligence, or mistake not to bs 
 
 allowed as costs to be paid by another party . . . . 155 
 
 20. Costs occasioned to a defendant by amendment of plaintiff's pleadings 
 
 to be part of defendant's costs in the cause directed to be paid 
 
 by plaintiff . . . . . . . . . . . . 155 
 
 21. Costs occasioned to a defendant by unnecessary amendment of plain- 
 
 tift's pleadings where plaintiff has obtained judgment with costs . . 155 
 
 22. Taxation of costs without order referring the same lor taxation . . 155 
 
 23. Taxation of coats in case the parties differ about the same. . ,. 15G 
 
 24. Certificate of taxation to state total amount of costs directed to be 
 
 taxed and paid out of fund in Court . . . . . . X56 
 
 25. Objections to allowance or disallowance of costs. . . . . . 156 
 
 26. Review of taxation by taxing officer . . . . . . _ 155 
 
 27. Review of taxation by Court . . . . . . .' ' " i^'j 
 
 28. Evidence on apphcation to Com-t for review of taxation . . .' .' 157 
 
 29. Costs where cause or matter struck out for defect on part of plaintiff! '. 157 
 80. Costs of abandoned motion . . . . . . . _ " i =7 
 
 31. Costs in case of neglect or delay, &c., in proceedings before taxing 
 
 officer . . . . . . _ _ ° j^gg 
 
 32. Bills of costs to be indorsed with name and address of solicitor ." .' 158 
 
 OEDEE LIII. 
 
 Notices, Feinting, Papbe, Copies, Office Copies, Minutes, &'c. 
 
 1. Notices to be in writing, except by leave.. .. .. jco 
 
XX vu. 
 
 PAOE 
 
 2. Paper for accounts, copies, and papers left at Chambers ; bills of costs 158 
 
 3. Paper for printed proceedings . . . . . . . . 158 
 
 i. Swearing of affidavits in print or manuscript . . . . . . 158 
 
 5. Printing of depositions . . . . . . . . . . 158 
 
 6. Depositions and affidavits previously used without having been 
 
 printed . . . . . . . . . . . . 159 
 
 7. Kegulationa as to printing of documents and taking of printed or 
 
 other office copies . . . . . . . . . , 159 
 
 ORDEE LIV. 
 Seevioe of Ordeks, &c. 
 
 1. Original order need not be shown except in case of order for attach- 
 
 ment . . . . . . . . . . . . 162 
 
 2. Mode of service where personal service not requisite . . . . 162 
 
 3. Service of notices from Chancery Office by post . . . . . . 162 
 
 4. Service by filing at Chancery Office where party has not appeared . . 1G2 
 
 5. Personal service of other documents to be effected in same way as per- 
 
 sonal service of writ of summons .. .. .. ..162 
 
 6. Service at address for service on party who has appeared . . . . 162 
 
 7. Contents of affidavits of service by post . . .. .. .. 163 
 
 8. Substituted service and notice in lieu of sendee . . . . . . 163 
 
 9. Service on soUcitor authorised to act on behalf of party who has sued 
 
 or appeared in person . . . . . . . . . 163 
 
 10. Service on solicitor by whom a person not a party appears. . .. 164 
 
 11. Contents of affidavits of service .. .. .. ..164 
 
 OEDER LV. 
 Effect of Non-Compliance. 
 
 1. Non-compliance with Bales not to render proceedings void, but 
 
 proceedings may be set aside as irregular . . . . . . 164 
 
 2. Time for application to set aside proceedings for irregularity . . 164 
 
 3. Objections to be stated in summons or notice of motion . . . . 164 
 
 4. Summons to set aside proceedings where dismissed to be understood 
 
 as dismissed ivith costs. . . . . . . . . . . 164 
 
 OEDEE LVI. 
 Intebpbetation of Teems, &c. 
 
 1. Interpretation of words in Orders and Eules . . . . . . 165 
 
 2. Singular number to include plural, and vice versa . . .. 167 
 
 OEDER LVII. 
 
 General Pkovisions. 
 
 1. Rules not to authorise claim, set-off, or counter-claim beyond the 
 
 jurisdiction of the Court . . . . . . . . 167 
 
 2. In matters not provided for by Rules in force, procedure and practice 
 
 in Chancery Division of High Court to be followed . . . . 167 
 
 3. Rules annulled by former orders not revived . . . . . . 168 
 
APPENDIX A. 
 
 PAET I. 
 FoHMS OP Writs of Summons, &c. 
 
 1. Writ for service within the jarisdiotion . . 
 
 2. Writ for service out of the jurisdiction, or where notice in lieu of 
 
 service is to be given out of the jurisdiction 
 
 3. Notice of writ in lieu of service to be given out of the jurisdiction . . 
 
 4. Fonn of memorandum for renewed writ 
 
 1G9 
 
 170 
 171 
 172 
 
 PAET II. 
 Forms op Entry op Appearance. 
 
 1. Memorandum of Appearance in General 
 
 2. Notice of Entry of Appearance 
 
 3. Entry of Appearance, Order XYI., Eule 50 
 
 4. Entry of Appearance, Order XVII., Rule 5 
 
 5. Entry of Appearance to Couuter-Claim 
 
 6. Affidavit for Entry of Appearance as Guardian 
 
 172 
 173 
 173 
 174 
 174 
 175 
 
 PAET III. 
 General Indorsements on Writs op Summons, 
 
 SECTION I. 
 
 General Indorsements. 
 
 I. Creditor to administer Estate 
 II. Legatee to administer Estate 
 
 III. Partnerships 
 
 IV. By Mortgagee 
 V. By Mortgagor 
 
 VI. Raising Portions . . 
 VII. Execution of Trusts 
 VIII. Cancellation or Rectification 
 IX. Speciiic Performance 
 X. Account against Agent 
 XI. Fraud . . 
 XII. Contribution in cases of Co-Suretyship 
 XIII. Injunction 
 
 SECTION II. 
 
 175 
 175 
 176 
 176 
 176 
 176 
 176 
 176 
 176 
 177 
 177 
 177 
 177 
 
 Indorsements of Character of Parties. 
 
 Executor ; trustee under bankruptcy ; trustee ; public officer ; heir-at- 
 law ; devisee , . . . . . . . ^ ^ 17q 
 
xux. 
 
 APPENDIX B. 
 
 Notices, &c. 
 
 1. Third Party Notice . . 
 
 2. Notice of Counter-claim 
 
 3. Confession of Defence 
 
 4. Interrogatories 
 
 5. inswer to Interrogatories 
 
 6. AfSdavit as to Documents 
 
 7. Notice to produce Documents . . 
 
 8. Notice to inspect Documents . . 
 
 9. Notice to admit Documents . . 
 
 10. Notice to admit Facts 
 
 11. Admission of Facts, pursuant to Notice 
 
 12. Notice to Produce (general form) 
 
 13. Issue 
 
 14. Notice of Trial 
 
 15. Certificate of Registrar after Trial with a Jury . . 
 
 16. Notice of Motion 
 
 17. Notice of Discontinuance 
 
 18. Notice of Cross-examination of Deponents at Trial 
 
 19. Notice of Benewal of Writ of Execution 
 
 20. Affidavit of Service of Summons or Notice of Motion 
 
 21. Affidavit of Service of Notice of Judgment 
 
 179 
 180 
 180 
 181 
 181 
 182 
 188 
 183 
 183 
 185 
 186 
 187 
 187 
 187 
 188 
 188 
 189 
 189 
 190 
 190 
 191 
 
 APPENDIX C. 
 
 Forms of Statements of Claim to be used pursuant to 
 Order XIX., Kule 5. 
 
 1. Title .. .. .. .. .. .. ..192 
 
 2. Administration of personal estate by creditor .. .. .. 193 
 
 8. Administration of personal estate by residuary legatee ; wilful default. . 193 
 
 4. Dissolution of partnership . . . . . . . . . 194 
 
 5. Account against agent . . . . . . . . . . 195 
 
 6. Sale or foreclosure by mortgagee in possession . . . . . . 195 
 
 7. Redemption . . . . . . . . . . . . 196 
 
 8. Eaising of portions by sale or mortgage of term . . . . . . 196 
 
 9. Sale of bonds deposited as security for debt . . . . . . 197 
 
 10. Breach of trust . . . . . . . . . . . . 197 
 
 11. Execution of trusts of settlement . . . . . . . . 198 
 
 12. Rectification of settlement . . . . . . . . . . 199 
 
 13. Specific performance . . . . . . . . . . 200 
 
 14. Partition or sale . . . . . . . . . • . . 200 
 
 15. Wardship of Court . . . . . . . . . . . . 201 
 
SECTION II. 
 
 Actions claiming Injunctions, Damages, or Declarations of Right 
 
 founded on Wrongs. 
 
 1. Injunction against infringement of patent, and damages .. .. 202 
 
 2. Injunction against infringement of copyright, account, and damages. . 202 
 
 3. Injunction against infringement of trade mark, account or damages. . 202 
 i. Injunction against obstruction of light, and mandatory injunction or 
 
 damages . . . . . . . . . . . . 203 
 
 0. Injunction against nuisance, and damages . . . . . . 204 
 
 6. Injunction against pollution of water, and damages . . . . 204 
 
 7. Misrepresentations in prospectus . . . . . . . . 205 
 
 APPENDIX D. 
 
 FoKMS OF Defence to be used pursuant to Obdeb XIX., 
 
 EULE 6. 
 SECTION I. 
 
 General Form. 
 Title ; defence ; counter-claim ; defence and counter-claim 
 
 SECTION 
 To actions for administration . . 
 
 II. 
 
 206 
 
 207 
 208 
 209 
 209 
 210 
 
 1. 
 
 2. To actions for foreclosure 
 
 3. To same by alleged second incumbrancer who claims priority 
 
 4. To actions for redemption 
 
 5. To actions for specific performance 
 
 General Defences. 
 
 1. Bankruptcy of defendant .. .. .. .. .. 211 
 
 2. Bankruptcy of plaintiff . . . . . . . . . . 211 
 
 3. Coverture . . . . . . . . . . . . . . 211 
 
 4. Infancy . . . . . . . . . . . . . . 211 
 
 5. Kelease . . . . . . . . . . . , . . 211 
 
 6. Bescission of Contract . . . . . . . , . , 211 
 
 7. Statute of Limitations . . . . . . . . . . 212 
 
 8. Statute of Frauds .. .. .. .. .. .. 212 
 
 SECTION III. 
 
 To Actions claiming Injunctions, Damages, or Declarations of Right 
 
 founded upon Wrongs. Appendix C, Sect. II. 
 
 1. To all actions for wrongs 
 
 1 — 6. To actions for infringement of a patent 
 
 il) — (3). To actions for infringement of copyright , . 
 l)— (3). To actions for inMngement of trade mark. . 
 1,2. To actions for obstruction of light . . 
 3,4,5. To actions for pollution of water . . 
 
 212 
 212 
 212 
 213 
 213 
 213 
 
APPENDIX E. 
 
 Forms of Eeply, &c., to be used pursuant to Order XIX., 
 
 EULE 5. 
 Title ; reply to defence ; to eounter-olaim . . . . . . . . 214 
 
 APPENDIX F. 
 
 Forms of Judgment. 
 
 1. Judgment at Trial by Vice-Chancellor without a Jury 
 
 2. Judgment upon Motion for Judgment . . 
 
 3. Judgment for Defendant's Costs on Discontinuance 
 
 4. Judgment for Plaintiff's Costs after Confession of Defence 
 
 5. Judgment on Motion after Trial of Issue 
 
 215 
 216 
 216 
 216 
 
 217 
 
 APPENDIX G. 
 
 Forms of Pe^cipe. 
 
 1. Fieri facias 
 
 2. Elegit 
 
 3. Venditioni Exponas 
 
 4. Fieri Facias de Bonis Ecclesiasticis 
 
 5. Sequestrari Facias de Bonis Ecclesiasticis 
 
 6. 'Vvrit of Sequestration 
 
 7. Writ of Possession . . 
 
 8. "Writ of Delivery 
 
 9. Writ of Attachment 
 
 10. Of Distringas against ex-Sheriff 
 
 11. Of Inquiry 
 
 12. Of Commission to examine Witnesses . . 
 
 13. Of Commission of Partition . . 
 
 14. Of Amended Suromons 
 
 15. Of Benewed Summons 
 
 16. Of Subposna 
 
 17. Entry of Action for Trial 
 
 18. Entry for Argument generally 
 
 19. Entry of Special Case 
 
 20. Memorandum of service of Notice of Judgment 
 
 21. Search 
 
 22. Memorandum on Notice of Judgment . . 
 
 
 
 . 217 
 
 
 
 218 
 
 
 
 . 218 
 
 
 
 . 219 
 
 
 
 . 219 
 
 
 
 . 219 
 
 
 
 . 220 
 
 
 
 . 220 
 
 
 
 . 220 
 
 
 
 . 220 
 
 
 
 . 221 
 
 
 
 . 221 
 
 
 
 . 222 
 
 
 
 . 222 
 
 
 
 . 222 
 
 
 
 . 223 
 
 
 
 . 223 
 
 
 
 . 223 
 
 
 
 . 224 
 
 
 
 . 224 
 
 
 
 . 224 
 
 
 
 . 225 
 
xxxu. 
 
 APPENDIX H. 
 
 Forms op Writs. 
 
 1. Writ of Fieri Facias 
 
 2. Fieri Facias on Order for Costs 
 
 3. Writ of Elegit 
 
 4. Writ of Venditioni Exponas .. 
 
 5. Writ of Fieri Facias de Bonis Ecclesiastieis .. 
 
 6. Writ of Fieri Facias to the Archbishop de Bonis Ecclesiastieis 
 
 daring the vacancy of a Bishop's See 
 
 7. Writ of Sequestrari Facias de Bonis Ecclesiastieis 
 
 8. Writ of Possession . . 
 
 9. Writ of Delivery 
 
 10. Writ of Attachment 
 
 11. Writ of Sequestration 
 
 12. Distnngas against ex-Sheriff . . 
 
 225 
 227 
 227 
 229 
 230 
 
 231 
 231 
 232 
 232 
 233 
 234 
 235 
 
 APPENDIX J. 
 
 Forms op Subpcena, &c. 
 
 1. Subposna ad testificandum et duces tecum 
 
 2. Writ of Inquiry for Assessment of Damages 
 
 3. Commission to examine Witnesses 
 Witnesses' Oath 
 
 Commissioner's Oath ; Interpreter's Oath ; Clerk's Oath 
 
 4. Formal parts of Depositions . . 
 
 236 
 237 
 238 
 240 
 241 
 242 
 
 APPENDIX K. 
 
 1. Summons (General Form) . . . . . . . . . ■ 243 
 
 2. Order (General Form) . . . . - . • ■ . . 244 
 
 3. Order for Time .. .. .. .. ■• ..245 
 
 4. Order to Amend . . . . . . . . . . • • 245 
 
 5. Order for Particulars (Partnership) . . . . . . . • 245 
 
 6. Order for Particulars (General) . . . . . . . . 246 
 
 7. Order to Discharge or Vary on Application by Third Party . . 246 
 
 8. Order to Dismiss for want of Prosecution . . . . . . 246 
 
 9. Order for Delivery of Interrogatories . . . . . • ■ ■ 247 
 
 10. Order for Affidavit as to Documents . . . . - . . . 247 
 
 11. Order to Produce Documents for Inspection .. .. .. 248 
 
 12. Order for Service out of Jurisdiction . . . . . . . . 248 
 
 13. Order for Substituted Service . . . . . . . . . . 248 
 
 14. Order for Kenewal of Writ . . . . . . . . . . 249 
 
 15. Order for Issue of Notice Claiming Contribution .. .. 249 
 
 16. Order Charging Siook— Nisi .. .. .. . . . . 249 
 
 17. Order Charging Stock— Absolute . . . . . . . . 250 
 
 18. Charging Order. Solicitor's Costs . . . . . . . . 250 
 
 19. Order for Arrest (Capias J under Debtors' Act .. .. .. 250 
 
 20. Order for Examination of Witnesses before Trial . . . . 251 
 
 21. Short Order for Issue of Commission to examine Witnesses . . 261 
 
 22. Long Order for Commission to examine WitnesseB . . . . 252 
 
 23. Order DismiBsiug Summons . . . . . . , . , . 254 
 
XXXUl. 
 
 APPENDIX L. 
 
 1. Form of Warrant ; Indorsement on Warrant . . . . . . 255 
 
 2. Form of Advertisement for Claimants not being Creditors . . 255 
 
 3. Form of Advertisement for Creditors . . . , . . . . 256 
 
 4. Notice to Creditors to produce Documents . . . . . . 257 
 
 5. Affidavit of Executor or Administrator as to Claims of Creditors . . 257 
 
 6. Exhibit referred to in Affidavit No. 5 . . . . . . . . 258 
 
 7. Notice to Creditor of Allowance of Claim . . . . . . 259 
 
 8. Notice to Creditor to prove his Claim . . . . . . . . 260 
 
 9. Notice that cheques may be received . . . . . . . . 260 
 
 10. Report of Registrar . . . . . . . . . . . . 261 
 
 11. Affidavit verifying Accounts and answering usual Inquiries as to Real 
 
 and Personal Estate . . . . . . . . . . 263 
 
 12. Account of Personal Estate, being Account A referred to iu Form 
 
 No. U . . . . . . . . . . . . 267 
 
 13. Account of Rents and Profits, being the Account B referred to in 
 
 Form No. 11 . . . . . . . . . . . . 269 
 
 14. Receiver's Account . . . . . . . . . . . . 270 
 
 15. List of Debts Allowed . . . . . . . . . . 273 
 
 16. List of Legacies remaining unpaid . . . . . . . . 274 
 
 17. List of Annuities and Arrears due . . . . . . . . 274 
 
 18. List of Apportionments among Creditors or Legatees . . . . 275 
 
 19. Receiver's Bond . . . . . . . . . . . . 275 
 
 20. Affidavit verifying Receiver's Account . . . . . . . . 276 
 
 21. Affidavit verifying Abstract . . . . . . . . . . 277 
 
 22. Affidavit verifying Engrossments of Deeds . . . . . . 278 
 
 23. Originating Petition.. .. .. .. .. . 278 
 
 24. Originating Notice of Motion . . . . . . . . . . 279 
 
 25. Originating Summons . . . . . . . . . . 280 
 
 26. Notice that Cause has been set down for further consideration . . 280 
 
 27. Form of ordering Accounts and Inquiries . . . . . . 2i3l 
 
 28. Ordinary Conditions of Sale . . . . . . . . . . 282 
 
 29. Form of Bidding Paper . . . . . . . . . . 285 
 
 APPENDIX M. 
 
 Eepeals . . . . . . 286 
 
 PAET II. 
 
 OEDEE AS TO COUET FEES. 
 
 I. Fees and percentages in Schedule to be taken in money. . 
 II. Fee receipts to be given in Liverpool and Manchester Districts 
 
 III. Fee receipts to be furnished by Comptroller to Registrar 
 
 IV. Date of issue to be impressed on fee receipt . . 
 
 V. Fee receipts to be cancelled before filing or acting upon document 
 VI. Fee receipts to be attached to documents in Schedule . ■ 
 VII. Lower Scale ; Higher Scale . . 
 VIII. Certificate by solicitor that Lower Scale is applicable ; provision for 
 deficiency or excess 
 IX. Matters excepted from provisions of Order 
 X. Abolition of existing fees and percentages 
 
 287 
 287 
 288 
 288 
 288 
 288 
 288 
 
 288 
 289 
 289 
 
PAGE 
 
 XI. FoUos . . . . . . • • • • • • . . 289 
 
 XII. Application of 66th Ojder of Chancery of Lancaster Bules, 1884 . . 289 
 
 XIII. Commencement and title of Order . . . . . . . . 290 
 
 Form of Certificate for hoyier Scale . . . . . . . . 290 
 
 SCHEDULE. 
 Part the Pikst. 
 
 Summonses, Writs, Commissions, and Warrants . . . . . . 291 
 
 Appearances. Copies. Attendances . . . . . . . . 292 
 
 Oaths. FiHng .. .. .. .. .. ..293 
 
 Certificates. Searches and Incumbrances. Examination of Witnesses 294 
 
 Hearing. Judgments, Decrees, and Orders . . . . . . 295 
 
 Taking Accounts , . . . . . . . . . . . 296 
 
 Taxation of Costs. Miscellaneous . . . . . . . . 298 
 
 Paet the Second. 
 
 Proceedings to which Lower Scale is applicable . . . . . . 300 
 
 OEDEE AS TO SOLICITOE'S COSTS. 
 
 1. Cases in which Lower Scale is applicable . . . . . . 302 
 
 2. Cases in which Higher Scale is applicable . . . . . . 303 
 
 3. Power of Comt or Vioe-Chancellor to direct allowance of fees accor- 
 
 ding to either scale . . . . . . . . . . 303 
 
 4. Application of 56th Order of Chancery of Lancaster Bules, 1884 . . 304 
 
 5. Commencement of Bules . . . . . . . . . . 304 
 
 SCHEDULE. 
 
 Writs, Summonses, and Warrants . . . . . . . . 305 
 
 fijervices, Notices, and Demands . . . . . . . . . . 306 
 
 Appearances. Instructions . . . . . . . . . . 309 
 
 ibrawing Pleadings and other Documents . . . . . . . . 311 
 
 Copies .. .. .. .. .. .. ..312 
 
 Perusals . . . . . . . . . . . . 314 
 
 Attendances . . . . . . . . . . . . . . 316 
 
 Oaths and Exhibits. Term Fees . . . . . . . . . . 320 
 
 Special Allowances and General Eegulations . . . . . . 320 
 
 OEDEE AS TO COUET FEES AND SOLICITOES' 
 
 COSTS, 
 
 In cases of an amount or vaJjUe under £300. 
 
 I. Scale of Fees to be one-half of Higher Scale, but not to exceed Lower 
 
 Scale . . . . . . . . . . . , 328 
 
 II. Application of Chancery of Lancaster Bules, 1884 . . . . 329 
 
 III. Commencement of Bules . . . . . . . . . . 329 
 
 Note. — The figures in the margin of the Eules, e.g. [1], refer to 
 the consecutive figures in the margin of the Supreme Court 
 Eules, 1883. 
 
GENEKAL OKDERS AND KULES. 
 
GENERAL ORDERS AND RULES 
 
 OP THE 
 
 COUET OF CHANCEEY 
 OF THE COUNTY PALATINE OF LANCA8TEE, 
 
 1st August, 1884. 
 
 The Eight Honoukable John Geobge Dodson, Chancellor op 
 THE Duchy and County Palatine of Lancaster, with the 
 advice and consent of the Eight Honourable Sib Nathaniel 
 LiNDLEY, Knight, a Lord Justice of Her Majesty's Court 
 of Appeal, and of Henry Fox Bbistowe, Esquire, Q.C, 
 Vice-Chancellob of the said County Palatine op Lan- 
 caster, doth hereby in pursuance and execution of the 
 powers and authorities in this behalf given to him by the 
 Court of Chancery of Lancaster Act, 1850, and the Court 
 of Chancery of Lancaster Act, 1854, and in pursuance and 
 execution of all other powers and authorities enabling him 
 in this behalf, order and direct as follows, that is to say : — 
 
 The following Orders and Eules may be cited as " The 
 Chanceby of Lancaster Eules, 1884," and shall come into 
 operation on the 1st day of January, 1885, and shall also apply, 
 80 far as may be practicable (unless otherwise expressly pro- 
 vided), to aU proceedings taken on or after that day in all causes 
 and matters then pending. 
 
 The Orders and Eules mentioned in Appendix M. hereto are 
 hereby annulled, and the following Orders and Eules shall stand 
 in lieu thereof. 
 
PEELIMINABY OEDEE. 
 
 1. For the purposes of the transaction of the business of the 
 Court, the County Palatine shall be considered as divided into 
 three Districts, one consisting of such parts of the County as are 
 situate within the Hundred of West Derby, except the Town- 
 ships comprised within the Wigan Poor Law Union, such 
 District being called the Liverpool District ; another, consisting 
 of such parts of the County as are situate within the Hundred 
 of Salford, such District being called the Manchester District ; 
 and the third, consisting of so much of the County as is not 
 included in either the Liverpool or Manchester District, such 
 third District being caUed the Preston District. 
 
 2. All matters which are to be transacted by or in the office 
 of a Registrar, in or in respect of suits and proceedings instituted 
 or originated on or previously to the 1st day of July, 1853, shall 
 be transacted by the Eegistrar of the Preston District, at the 
 Chancery Office of the Preston District. 
 
 8. All such matters in or in respect of any suit or proceeding 
 in which any reference was previously to the 25th day of August, 
 1857, made to the Eegistrar of the then Liverpool District, or in 
 which any monies or stock were then standing in his name, 
 jointly with the Clerk of the Council of the Duchy, and the 
 Comptroller of that District, shall, until further order, be trans- 
 acted by the Eegistrar of the Liverpool District, at the Chancery 
 Office of the Liverpool District, and shall not, until further 
 order, be transacted by or in the office of any other Eegistrar. 
 
 4. Except as aforesaid, all matters which are to be transacted 
 by a Eegistrar of, or at the Chancery Office of, any District, in 
 or in respect of suits and proceedings which, since the 1st day of 
 July, 1853, have been, or hereafter shall be instituted or originated 
 by any solicitor or suitor, shall be transacted by the Registrar (rf, 
 or in the Chancery Office of, the District, within which the 
 
address for service of the solicitor or suitor by whom such suits 
 and proceedings shall have been or shall be mstituted or 
 originated shall at the time of the same having been instituted 
 or origiaated have been or be situate. 
 
 5. The power of the Court to make any special Order in 
 reference to the matters aforesaid shall not be hereby affected. 
 
 6. The Chancery Office of the Preston District shall continue 
 to be at Preston ; the Chancery Office of the Liverpool District 
 at Liverpool ; and the Chancery Office of the Manchester 
 District at Manchester, until further orders ; but the Court may 
 also cause offices to be opened at such other towns within the 
 County Palatine as it may deem expedient. 
 
 7. The Eegistrar of every District shall have a distinct Seal 
 of Office, approved of by the Chancellor of the Duchy and 
 County Palatine, and all writs of subpoena, and all other writs 
 whatsoever in. any suit or matter referred to, or transacted by or 
 in the office of such Eegistrar, shall be issued by such Eegistrar, 
 tested on the day of issuing, and authenticated by the Seal of 
 Office of such Eegistrar, and such Seal shall have the like force 
 and efficacy as the Seal formerly called the Seal of the Eegistrar 
 of the Court of Chancery of the County Palatine of Lancaster. 
 
 8. The Eegistrars respectively shall, in their respective dis- 
 tricts, have the care of all documents ordered to be deposited for 
 safe custody, and shall also (besides other duties) perform all 
 such duties as are necessary to be performed by Officers of the 
 Court not appointed by or on behalf of any person or party to a 
 suit or matter in the Court, in relation to the several matters 
 hereinafter mentioned ; that is to say : — 
 
 The filing, custody, copying, and amending of all pleadings 
 and records, admissions of evidence whereon any order is 
 founded, and all certificates and reports. 
 
 The entering of appeara.nces, consents, notes, and memo- 
 ranAi of service. 
 
 The certifying of appearances and proceedings. 
 A 2 
 
The custody of exhibits deposited for inspecting and 
 copying. 
 
 The attendance with records and exhibits on the Vice- 
 Ohancellor, or at the assizes, or for production to the Court 
 of Appeal, or at any other place. 
 
 And all such other duties as have heretofore been per- 
 formed by the Eegistrars. 
 
 9. The Eegistrars shall attend the sittings of the Court within 
 the County Palatine. 
 
 10. The Chancery offices in the Liverpool and Preston 
 Districts shall be open every day, except on Sunday, Christ- 
 mas day. Good Friday, Easter Eve, Monday and Tuesday 
 in Easter week, Monday and Tuesday in Whitsun week. 
 Bank holidays, and on days appointed by Eoyal Proclama- 
 tion to be observed as days of general fast, humUiation, or 
 thanksgiving, and except on such other days as, either accord- 
 ing to the customs of the places at which the offices shall be 
 respectively situate, or by order of the Mayor of such places 
 respectively, shall or may be kept as holidays, when, with the 
 sanction of the Vice-Chancellor, the offices may be closed, and 
 also except on such other days as the Chancellor of the Duchy 
 and County Palatine may appoint. 
 
 11. In the Manchester District the Chancery office shall be 
 open on every day except the days specified in the last preceding 
 rule, and also except on Wednesday, Thursday, Friday, and 
 Saturday in Whitsun week. 
 
 12. On the days on which the offices shall be open, the office 
 hours shall be from Ten o'clock in the forenoon until Four 
 o'clock in the afternoon, except on Saturdays, when the office 
 hours shall be from Ten o'clock in the forenoon until One o'clock 
 in the afternoon. 
 
 18. In order to ensure a regular control over the funds of the 
 Huitors, all payments of suitors' monies shall be checked by a 
 Comptroller. 
 
ORDEE I. 
 
 Form and com- 
 
 FoEM AND Commencement of Action. r^nT""' °' 
 
 action . 
 
 [1] 
 
 1. All suits which previous to the 1st day of January, 1877, 
 were commenced by hill claim or information in the Court of 
 Chancery of the County Palatine of Lancaster shaU be insti- 
 tuted in that Court by a proceeding to be called an Action. 
 
 2. Every action, the subject matter of whioh.is under the value 
 of dElO, shall be dismissed, unless it be instituted to establish a 
 general right, or unless there shall be some other special 
 circumstance which, in the opinion of the Court or Vice-Chan- 
 cellor, shaU make it reasonable that such action should be 
 retained. 
 
 3. All other proceedings in and apphcations to the Court 
 
 may, subject to these Eules, be taken and made in the same *] 
 
 manner as they would have been taken and made if these Eules 
 had not been made. 
 
 OEDEE II. 
 Writ of Summons and Procedure, &c. Mdure!"'**" 
 
 Order n. 
 Writ of Bum- 
 
 1. Every action in the Court shall be commenced by a writ 
 of summons, which shall be indorsed with a statement of the [3] 
 
 nature of the claim made, or of the relief or remedy required, 
 in the action. 
 
 [4] 
 
 2. Any costs occasioned by the use of any forms of writs, 
 and of endorsements thereon, other or more prolix than the 
 forms hereinafter prescribed, shall be borne by the party using 
 the same, unless the Court or Vice- Chancellor shall otherwise 
 direct. 
 
 3. The writ of summons for the commencement of an action 
 
 shall, except in the cases in which any different form is herein- rgi 
 
 after provided, be in Form No. 1 in Part I. of Appendix (A) 
 hereto, with such variations as circumstances may require. 
 
Order II. 4 j^q ^j,jt qJ summons for service out of the jurisdiction, or 
 
 Writ 01 Bum- " 
 
 Mdme*"*'"' of which notice is to be given out of the jurisdiction, shall be 
 [6] issued without the leave of the Court or Vice-Chanoellor. 
 
 5. A writ of summons to be served out of the jurisdiction, 
 or of which notice is to be given out of the jurisdiction, shall 
 be in form No. 2 in Part I. of Appendix (A) hereto, with such 
 variations as circumstances may require. Such notice shall be 
 in form No. 3 in the same Part, with such variations as circum- 
 stances may require. 
 
 6. Every writ of summons, and also, unless by any statute or 
 by these Eules it is otherwise provided, every other writ shall 
 
 [10] bear date on the day on which the same shall be issued, and 
 shall be tested in the name of the Chancellor. 
 
 [7] 
 
 OEDEE III. 
 
 Order HI. 
 
 oi»im!°"™*° "' Indorsements of Claim. 
 
 1. The indorsement of claim shall be made on every writ of 
 LHJ summons before it is issued. 
 
 2. In the indorsement required by Order 11., Eule 1, it shall 
 not be essential to set forth the precise ground of complaint, or 
 
 [12] the precise remedy or relief to which the plaintifl considers 
 
 himself entitled. 
 
 8. The indorsement of claim shall be to the effect of such of 
 
 the forms in Part III. of Appendix (A) hereto as shall be appLi- 
 ri3 1 cable to the case; or if none be found applicable, then such other 
 
 similarly concise form as the nature of the case may require. 
 
 4. If the Plaintiff sues, or the defendant or any of the 
 defendants is sued, in a representative capacity, the indorse- 
 ment shall show, in manner appearing by such of the forms in 
 
 [14] Appendix (A) hereto. Part III., Sec. 2, as shall be applicable to 
 the case, or by any other statement to the like effect, in what 
 capacity the plaintiff or defendant sues or is sued. 
 
 5. In all cases in which the plaintiff in the first instance 
 [18] desires to have an account taken, the writ of summons shall be 
 
 indorsed with a claim that such account be taken. 
 
ORDEE IV. «^„^ 
 
 Solloitora ol the 
 
 Solicitors of the Court. ''°'"*" 
 
 1. The solicitors of the Court, in all cases where the parties 
 sue or defend by solicitors, and the parties themselves, in all 
 cases where they sue or defend in person, shall perform all such 
 duties as were formerly performed by the Clerks in Court, as 
 solicitors, or agents of the parties in relation to the several 
 matters hereinafter mentioned, viz. : — 
 
 The making out of writs. 
 
 The serving and being served with writs, notices, orders, 
 warrants, appointments, and other documents, proceedings 
 and written communications, in causes and matters 
 depending in the Court. 
 
 The signing of petitions of re-hearing. 
 
 The entering of appearances and consents with the 
 Eegistrar. 
 
 The signing of consents to petitions. 
 
 The tender and acceptance of costs. 
 
 The joining in commission, and striking commissioners' 
 names. 
 
 The signing of notices by paupers. 
 
 And all other duties formerly performed by the Clerks in 
 Court, as attorneys, solicitors, or agents of the parties in 
 suits or matters in equity. 
 
 2. No agreement between any solicitors relating to any of 
 their clients' causes shall be capable of being enforced, unless 
 and until such agreement, or some note or memorandum 
 thereof, be put into writing, and subscribed by the party who is 
 to be bound thereby, or his sohcitor. 
 
 OEDEE V. „, ^ 
 
 Older V. 
 ^ . Indorsementa of 
 
 Indorsements or Address. address. 
 
 1. The sohcitor of a plaintiff suing by a solicitor shall indorse 
 upon the writ, and notice in li«u of service of a writ, the 
 
indcS^'ints oj ^^dress of the plaintiff, and his own name or firm and place of 
 address. busineBS, which shall, if his place of business be within the 
 
 District from the Eegistry whereof the writ of summons shall 
 have been issued, be an address for service;L^?l4-if -S'^ch placai)£ 
 not within such District, he shall add an address for service, within 
 the District, and, where the solicitor issuing the writ is only agent 
 roil of another solicitor, he shall add to his own name or firm and 
 place of business the name or firm and place of business of the 
 principal solicitor. Where the plaintiff sues in person, he shall 
 indorse upon the writ, and notice in lieu of service of a writ, 
 his place of residence and occupation, which shall, if his place 
 of residence be within the District from the Eegistry whereof 
 the writ of summons shall have been issued, be an address for 
 service, and if such place be not within such District, he shall 
 add an address for service within the District. 
 
 2. In all cases where proceedings are commenced otherwise 
 roo] than by writ of summons, the preceding Eule of this Order 
 shall apply to the document by which such proceedings shall be 
 originated as if it were a writ of summons. 
 
 OEDEE VI. 
 
 Order VI. IsBUE OF WrITS OF SuMMONS,. 
 
 If sue of writs of 
 •ammons. 
 
 I. Place of Issue. 
 
 1. In any action, the plaintiff, wherever resident, may issue 
 [23] a writ of summons out of the Eegistry of any District. 
 
 2. In all cases, there shall be a statement on the face of the 
 writ of summons that the defendant do cause an appearance to 
 
 [26] he entered at the district registry out of which the writ of 
 summons shall have been issued, or to the like effect. 
 
 3. Every writ of summons to be sealed by the Eegistrar 
 shall be distinctly marked at or near the top thereof, with the 
 name of the district from which the same is issued. 
 
II. Generally. 
 
 4. Writs of summons shall be prepared by the plaintiff or Order vi. 
 
 , . T •. 1 I n 1 • • iBBue of writs of 
 
 his solicitor, and shall be written or printed, or partly written summons. 
 and partly printed, on paper of the same description as hereby [32] 
 directed in the case of proceedings directed to be printed. 
 
 5. Every writ of summons shall be sealed by the Eegistrar, 
 and shall thereupon be deemed to be issued. 
 
 6. The plaintiff or his solicitor shall, on presenting any writ 
 of summons for sealing, leave with the Eegistrar a copy 
 written or printed, or partly written and partly printed, on 
 paper of the description aforesaid, of such writ, and all the 
 indorsements thereon, and such copy shall be signed by or for 
 the solicitor leaving the same, or by the plaintiff himself, if he 
 sues in person. 
 
 7. The Eegistrar on receiving such copy, shall file the 
 same, and an entry of the filing thereof shall be made in a 
 book, to. be called the Cause Book, which is to be kept in the 
 manner in which Cause Books have heretofore been kept by the 
 Eegistrar, and the action shall be distinguished by the date of 
 the year, a letter, and a number. 
 
 [33] 
 
 [34] 
 
 [35] 
 
 OEDEE VII. 
 
 Order VII. 
 
 Concurrent Writs. concurrent ™ts. 
 
 1. The plaintifi' in any action may, at the time of, or at 
 any time during twelve months after, the issuing of the original 
 writ of summons, issue one or more concurrent writ or writs, 
 each concurrent writ to bear teste of the same day as the 
 original writ, and to be marked with a seal bearing the word [40] 
 "concurrent," and the date of issuing the concurrent writ; 
 and such seal shall be impressed upon the writ by the Eegis- 
 trar. Provided always that such concurrent writ or writs 
 shall only be in force for the period during which the original 
 writ in such action shall be in force. 
 
10 
 
 Order VII. 
 Concurrent writs. 
 
 [41] 
 
 Order Vni. 
 Disclosure by 
 solicitors and 
 plaintiifs. 
 
 [42] 
 
 [43] 
 
 [44] 
 
 2. A writ for service within the jurisdiction may be issued 
 and marked as a concurrent writ with one for service, or whereof 
 notice in lieu of service is to be given, out of the jurisdiction ; 
 and a writ for service, or whereof notice in lieu of service is to 
 be given out of the jurisdiction, may be issued and marked 
 as a concurrent writ, with one for service within the jurisdiction. 
 
 OEDEE VIII. 
 
 I. DiSCLOSUEB BY SOLICITORS AND PlAINTIFPS. 
 
 1. Every solicitor whose name shall be indorsed on any writ 
 of summons shall, on demand in writing made by or on behalf 
 of any defendant who has been served therewith or has 
 appeared thereto, declare forthwith in writing whether such writ 
 has been issued by him or with his authority or privity ; and if 
 such solicitor shall declare that the writ was not issued by him, 
 or with his authority or privity, all proceedings upon the same 
 shall be stayed, and no further proceedings shall be taken there- 
 upon without leave of the Court or Vice- Chancellor. 
 
 2. When a writ is sued out by partners in the name of their 
 firm, the plaintiffs or their solicitors shall, on demand, in 
 writing, by or on behalf of any defendant, declare forthwith, 
 in writing, the names and places of residence of all the persons 
 constituting the firm on whose behalf the action is brought. 
 And if the plaintiffs or their solicitor shall fail to comply with 
 such demand, all proceedings in the action may, upon an appli- 
 cation for that purpose, be stayed upon such terms as the Court 
 or Vice-Chancellor may direct. And when the names of the 
 partners are so declared, the action shall proceed in the same 
 manner, and the same consequences in all respects shall follow, 
 as if they had been named as the plaintiffs in the writ. But 
 all proceedings shall nevertheless continue in the name of the 
 firm. 
 
 II. Change of Solicitors. 
 
 3. A party suing or defending by a solicitor shall be at liberty 
 to change his solicitor in any cause or matter, without an order 
 
11 
 
 for that purpose, upon notice of such change being filed in the order vm. 
 
 T» • t J 1 -rv* ... o o Disclosure by 
 
 Registry of the District in which the cause or matter is pro- eoucitore and 
 
 ^ plaintifFs, 
 
 ceeding ; but until such notice is filed and a copy thereof served, 
 and notice of such service given to the Registrar, the former 
 solicitor shall be considered the solicitor of the party. 
 
 ORDER IX. 
 
 CUKRENCY AND RENEWAL OF WbIT. EenewttTof writ. 
 
 Order IX. 
 Currency Eind 
 
 [45] 
 
 1. No original writ of summons shall be in force for more 
 than twelve months from the day of the date thereof, including 
 the day of such date ; but if any defendant therein named shall 
 not have been served therewith, the plaintiff may before the 
 expu-ation of the twelve months apply to the Court or Vice- 
 Chancellor for leave to renew the writ ; and the Court or Vice- 
 Chancellor, if satisfied that reasonable efforts have been made to 
 serve such defendant, or for other good reason, may order that 
 the original or concurrent writ of summons be renewed for six 
 months from the date of such renewal inclusive, and so from 
 time to time during the currency of the renewed writ. And the 
 writ shall in such case be renewed by being marked with a seal 
 bearing the date of the day, month, and year of such renewal ; 
 such seal to be provided and kept for that purpose at the 
 Chancery office, and to be impressed upon the writ by the 
 Registrar, upon delivery to him by the plaintiff or his 
 solicitor of a memorandum in Form No. 4, in Appendix (A) 
 Part I., with such variations as circumstances may require ; 
 and a writ of summons so renewed shall remain in force and 
 be available to prevent the operation of any statute, whereby 
 the time for the commencement of the action may be limited, 
 and for all other purposes, from the date of the issuing of the 
 original writ of summons. 
 
 2. The production of a writ of summons, purporting to be 
 marked with the seal of the Court, showing the same to have [46] 
 been renewed in manner aforesaid, shall be sufficient evidence 
 
12 
 
 ciSrenoy^nd °^ i*^ having been so renewed, and of the commencement of 
 Renewal oi mit. ^j^g g^^^-^^jj ^^^ ^j ^j^g gj.g(. ^^^^^g j,f g^^j^ renewed writ, for all 
 
 purposes. 
 
 3. Where a writ, of which the production is necessary, has 
 been lost, the Court or Vice- Chancellor, upon being satisfied of 
 the loss and of the correctness of a copy thereof, may order 
 that such copy shall be sealed and served in lieu of the original 
 writ. 
 
 [47] 
 
 Order X. 
 
 Service of -writ of 
 anmmoiiB. 
 
 OEDBE X. 
 
 Service of Writ of Summons. 
 
 I. Mode of Service. 
 
 [48] 
 
 1. No service of writ shall be required when the defendant 
 by his solicitor undertakes in writing to accept service, and 
 enters an appearance. 
 
 2. When service is required, the writ shall, wherever it is 
 practicable, be served in the manner in which personal service 
 is now made ; but if it be made to appear to the Court or to 
 the Vice-Chancellor that the plaintiff is, from any cause, unable 
 
 [49] to effect prompt personal service, the Court or Vice-Chancellor 
 may make such order for substituted or other service, or for the 
 substitution for service of notice by advertisement or otherwise, 
 as may be just. 
 
 II. On Particular Defendants. 
 
 3. When husband and wife are both defendants to an action, 
 they shall both be served, unless the Court or Vice-Chancellor 
 
 I- -I shall otherwise order. 
 
 4. When an infant is a defendant to an action, service on his 
 father or guardian, or, if none, then upon the person with whom 
 the infant resides, or under whose care he is, shall, unless the 
 
 rSll Court or Vice-Chancellor otherwise orders, be deemed good ser- 
 vice on the infant : provided that the Court or Vice-Chancellor 
 may order that service made or to be made on the infant, shall 
 be deemed good service. 
 
[63] 
 
 13 
 
 5. When a lunatic, or person of unsound mind, not so found servS'^o" writ of 
 by inquisition, is a defendant to an action, service on the com- ^"™™™=- 
 mittee of the lunatic, or on the person with whom the person r con 
 
 of unsound mind resides, or under whose care he is, shall, 
 unless the Court or Vice- Chancellor shall otherwise order, be 
 deemed good service on such defendant. 
 
 III. On Partners and other Bodies. 
 
 6. Where persons are sued as partners in the name of their 
 firm, the writ shall be served either upon any one or more of 
 the partners, or at the principal place, within the jurisdiction, of 
 the biisiness of the partnership, upon any person having at the 
 time of service the control or management of the partnership 
 business there ; and, subject to these rules, such service shall 
 be deemed good service upon the firm. 
 
 7. Where one person carrying on business in the name of a 
 firm apparently consisting of more than one person shall be 
 sued in the firm's name, the writ may be served at the principal 
 place, within the jurisdiction, of the business so carried on, 
 upon any person having at the time of service the control or 
 management of the business there ; and such service, if suffi- 
 cient in other respects, shall be deemed good service on the 
 person so sued. 
 
 8. In the absence of any statutory provision regulating ser- 
 vice of process, every writ of summons issued against a 
 corporation aggregate may be served on the mayor or other 
 head officer, or on the town clerk, clerk, treasurer, or secretary 
 of such corporation ; and every writ of summons issued against 
 the inhabitants of a hundred or other like district may be [55] 
 served on the high constables thereof, or any one of them, or, 
 where there is no high constable, on any other acting chief 
 officer of police of the County Palatine of Lancaster ; and every 
 writ of summons issued against the inhabitants of any fran- 
 chise, liberty, city, town, or place, not being a part of a hundred 
 
 [54] 
 
14 
 
 "'*" ^it of °' 0*^®'^ lil^s district, on some peace officer thereof ; and where 
 
 Service of writ 
 BUmmonB. 
 
 fey any statute, provision is made for service of any writ of 
 summons, bill, petition, summons, or other process upon any 
 corporation, or upon any society or fellowship, or any body or 
 number of persons, whether corporate or unincorporate, every 
 writ of summons may be served in the manner so provided. 
 
 [62] 
 
 IV. Generally. 
 
 9. The person serving a writ of summons shall, within three 
 days at most after such service, indorse on the writ the day of 
 the month and week of the service thereof, otherwise the plaintiff 
 shall not be at liberty, in case of non-appearance, to proceed by 
 default ; and every affidavit of service of such writ shall mention 
 the day on which such indorsement was made. This rule shall 
 apply to substituted as well as other service. 
 
 Order XI. 
 
 Sabstitnted 
 service. 
 
 [63] 
 
 OEDEE XI. 
 
 Substituted Sbevice. 
 
 Every application to the Court or Vice-Chancellor for an 
 order for substituted or other service, or for the substitution of 
 notice for service, shall be supported by an affidavit, setting 
 forth the grounds upon which the appUcation is made. 
 
 Order Xa. 
 Service out of 
 the jarisdiction. 
 
 [64] 
 
 OEDEE XII. 
 
 Service out of the Jubisdiotion. 
 
 1. Service out of the jurisdiction of the Court, and not within 
 the jurisdiction of the High Court of Justice, of a writ of sum- 
 mons, or notice of a writ of summons, may be allowed by the 
 Court, or Vice-ChanceUor, whenever — 
 (a) The whole or any part of the subject matter of the action 
 is land, or hereditaments, or stoch, or other property, 
 situate within the jurisdiction of the Court ; or 
 
16 
 
 (6) Any act, deed, will, contract, obligation, or liability s^^^„^' 
 affecting land, hereditaments, stock, or other property *^» i"ri*ii°<i™ 
 situate within the jurisdiction, is sought to be con- 
 strued, rectified, set aside, or enforced in the action ; 
 or 
 
 (c) Any relief is sought against any person domiciled or 
 ordinarily resident within the jurisdiction ; or 
 
 (rf) The action is for the administration of the personal 
 estate of any deceased person, who at the time of his 
 death was domiciled within the jurisdiction, or for the 
 execution (as to property situate within the jurisdic- 
 tion) of the trusts of any written instrument, of which 
 the person to be served is a trustee, which ought to be 
 executed according to the law of England ; or 
 
 (e) The action is founded on any breach or alleged breach 
 within the jurisdiction of any contract wherever made, 
 which, according to the terms thereof, ought to be 
 performed within the jurisdiction, unless the defendant 
 is domiciled or ordinarily resident in Scotland or Ire- 
 land; or 
 
 (/) Any injunction is sought as to anything to be done 
 within the jurisdiction, or any nuisance within the 
 jurisdiction is sought to be prevented or removed, 
 whether damages are or are not also sought in respect 
 thereof; or 
 
 [g) Any person out of the jurisdiction is a necessary or 
 proper party to an action properly brought against 
 some other person duly served within the jurisdiction. 
 
 2. Where leave is asked from the Court or Vice-Chancellor to 
 serve a writ, under the last preceding Kule, the Court or Vice- 
 Chancellor, in exercising discretion as to granting leave to [66] 
 serve such writ or notice on a defendant out of the jurisdiction, 
 shall have regard to the amount or value of the property the 
 trusts of which have to be administered, or in respect of injury 
 or nuisance to which an injunction is sought, or with respect to 
 
16 
 
 serrt^'ou^f which any contract is sought to be enforced or any breach of 
 theiuriBaiction. contract remedied, and to the existence in the place of 
 residence of the defendant, if resident in Scotland or Ireland, 
 of a local Court of limited jurisdiction, having jurisdiction 
 in the matter in question, and to the comparative cost and 
 convenience of proceeding in the Court or in the place of 
 such defendant's residence ; and in all the above-mentioned 
 cases no such leave is to be granted, without an affidavit stating 
 the particulars necessary for enabling the Court or Vice- 
 ChanceUor to exercise such discretion in manner aforesaid; 
 and all such other particulars (if any) as the Court or Vice- 
 Chancellor may require to be shown. 
 
 3. Every application for an order for leave to serve such writ 
 or notice on a defendant out of the jurisdiction shall be sup- 
 ported by afl&davit or other evidence, stating that La the beUef 
 .of the deponent the plaintiff has a good cause of action, and 
 
 [67] showing in what place or country such defendant is, or probably 
 may be found, and whether such defendant is a British subject 
 or not, and the grounds upon which the application is 
 made. 
 
 4. Any order giving leave to effect such service, or give such 
 notice, shall limit a time after such service or notice, within 
 which such defendant is to enter an appearance ; such time to 
 depend on the place or country where or within which, the writ 
 is to be served, or the notice given. 
 
 [68] 
 
 5. When the defendant is neither a British subject nor in 
 [69] British dominions, notice of the writ, and not the writ itself, is 
 to be served upon him. 
 
 [70] 
 
 6. Notice in lieu of service shall be given in the manner in 
 which writs of summons are served. 
 
 7. The practice as to service out of the jurisdiction of the 
 Court and within the jurisdiction of the High Court of Justice, 
 is not hereby affected, and shall be in force as to proceedings 
 under these Bules. 
 
17 
 OEDEE Xni. 
 
 Order XTTT. 
 . Appearance. 
 
 Appeasanoe. 
 
 1. A defendant shall enter his appearance in the Eegistry of 
 the District out of which the writ of summons which, or notice 
 of which, shall have been served upon him, shall have been 
 issued. 
 
 2. A defendant shall enter his appearance to a writ of sum- 
 mons by delivering to the Eegistrar a memorandum in 
 writing dated on the day of its delivery, and containing the 
 name of the defendant's solicitor, or stating that the defendant 
 defends in person. He shall at the same time deliver to 
 
 the Eegistrar a duplicate of the memorandum, which the L'OJ 
 Eegistrar shall seal with the official seal, showing the 
 date on which it is sealed, and then retttm it to the person 
 entering the appearance, and the duplicate memorandum so 
 sealed shall be a certificate that the appearance was entered on 
 the day indicated by the seal. 
 
 3. A defendant shall, on the day on which he enters an 
 appearance to a writ of summons, give notice of his appearance 
 (Form No. 2 in Appendix A, Part IE.) to the plaintiff's solicitor, 
 or, if the plaintiff sues in person, to the plaintiff himself. The 
 notice may be given either by notice in writing served in the 
 ordinary way at the address for service, or by prepaid letter 
 directed to that address and posted on the day of entering 
 appearance in due course of post, and shall in either case be 
 accompanied by the sealed duplicate memorandum. 
 
 4. The solicitor of a defendant appearing by a solicitor shall 
 state in such memorandum his place of business, and a place, 
 
 to be called his address for service, which shall be within the rgQi 
 District, and where any such solicitor is only agent of another 
 solicitor, he shall add to his own name or firm and place of 
 business the name or firm and place of business of the prin- 
 cipal solicitor. 
 
 [79] 
 
[82] 
 
 [84] 
 
 [86] 
 
 18 
 
 A "eoran^' ^' ^ defendant appearing in person shall state in such 
 fai I memorandum, his address, and a place to be called his address 
 for service, which shall be within the District. 
 
 6. If the memorandum does not contain such address it shall 
 not be received ; and if any such address shall be illusory or 
 fictitious, the appearance may be set aside by the Court or the 
 Vice-Chaneellor, on the application of the plaintiff. 
 
 7. The memorandum of appearance shall be in the Form 
 [83] No. 1, Appendix (A), Part II,, with such variations as the cir- 
 cumstances of the case may require. 
 
 8. Upon receipt of a memorandum of appearance, the 
 Eegistrar shall forthwith enter the appearance in the Cause 
 Book. 
 
 9. Where persons are sued as partners in the name of their 
 firm, they shall appear individually in their own names. But 
 all subsequent proceedings shall, nevertheless, continue in the 
 name of the firm. 
 
 10. Where any person carrying on business in the name of a 
 firm apparently consisting of more than one person, shall be 
 
 [86] sued in the name of the firm, he shall appear in his own name; 
 but all subsequent proceedings shall nevertheless continue in 
 the name of the firm. 
 
 11. If two or more defendants in the same action, shall 
 [871 Jippear by the same soHcitor, and at the same time, the names 
 
 of all the defendants so appearing, shall be inserted in one 
 memorandum, 
 
 12. A soHcitor not entering an appearance in pursuance of 
 his written undertaking so to do shall be liable to an attach- 
 ment. 
 
 IS. A defendant may appear at any time before judgment. 
 If he appear at any time after the time limited by the writ for 
 appearance, he shall not, unless the Court or Vice-Chancellor 
 [93] shall otherwise order, be entitled to any further tijne for 
 delivering his defence, or for any other purpose, than if he had 
 appeared according to the writ. 
 
 [88] 
 
19 
 
 14. A defendant before appearing shall be at liberty, without j^^^^l^' 
 obtaining an order to enter or entering a conditional appearance, 
 to serve notice of motion to set aside the service upon him of [100] 
 the writ or of notice of the writ, or to discharge the order 
 authorising such service. 
 
 [101] 
 
 OEDEE XIV. order XIV. 
 
 Default o{ ap- 
 DbpAULT op ApPEABANOE. peaiance. 
 
 1. Where no appearance has _ been entered to a writ of 
 summons for a defendant who is an infant, or a person of 
 rmsound mind, not so found by inquisition, the plaintiff shall, 
 before further proceeding with the action against the defendant, 
 apply to the Court or Vice-Chancellor for an order that some 
 proper person be assigned guardian of such defendant, by 
 whom he may appear and defend the action. But no such 
 order shall be made, unless it appears on the hearing of such 
 application, that the writ of summons was duly served, and 
 that notice of such appHcation was, after the expiration of the 
 time allowed for appearance, and at least six clear days before 
 the day in such notice named for hearing the application, served 
 upon, or left at the dwelling-house of, the person with whom, or 
 under whose care, such defendant was, at the time of serving 
 such writ of summons, and also (in the case of such defendant 
 being an infant, not residing with or under the care of his 
 father or guardian) served upon or left at the dweUing-house of 
 the father or guardian (if any) of such infant, unless the Court 
 or Vice-Chancellor at • the time of hearing such application, 
 shall dispense with such last-mentioned service. 
 
 2. Where any defendant fails to appear to a writ of summons, 
 and the plaintiff is desirous of proceeding upon default of 
 appearance, under Order XV., Eule 1, he shall, before taking [1021 
 such proceedings upon default, file an afl&davit of service, or of 
 
 notice in lieu of service, as the case may be. 
 B 2 
 
20 
 
 Order XIV. 3. In case the party served with the writ does not appear 
 
 "e^Moe"' °'^' within the time limited for appearance, upon the filing by the 
 
 plaintiff of a proper affidavit of service, and of a statement of 
 
 [112] claim, the action may proceed as if such party had appeared, 
 
 subject, as to actions where an account is claimed, to the 
 
 provisions of Order XV. 
 
 OEDEE XV. 
 
 Ordm XV. 
 
 MbS"™ "" Application foe Account. 
 
 1. Where a writ of summons has been indorsed for an 
 account, under Order III., Eule 5, or where the indorsement 
 on a writ of summons involves taking an account, if the 
 defendant either fails to appear, or does not after appearance 
 
 ri311 "'y af&davit or otherwise, satisfy the Court or Vice-Chanoellor 
 that there is some preliminary question to be tried, an order 
 for the proper accounts, with all necessary inquiries and direc- 
 tions now usual in the Court in similar cases, shall be forth- 
 with made. 
 
 2. An application for such order as mentioned in the last 
 preceding Eule, shall be made by summons, and be supported 
 by an affidavit, when necessary, filed on behalf of the plaintiff, 
 stating concisely the grounds of his claim to an account. The 
 application may be made at any time after the time for entering 
 an appearance has expired. 
 
 [123] 
 
 OM«xvi. OEDEE XVI. 
 
 FUtlM. 
 
 Pasties. 
 
 I. Otnerally. 
 
 1. All persons may be joined as plaintiffs in whom the right 
 
 to any relief claimed is alleged to exist, whether jointly, 
 
 [123] severally, or in the alternative. And judgment may be given 
 
 for such one or more of the plaintiffs as may be found to be 
 
 entitled to relief, for such relief as he or they may be entitled 
 
[ia4] 
 
 [186] 
 
 21 
 
 to, without any amendment. But tlie defendant, though un- order xvi. 
 successful, shall be entitled to his costs occasioned by so joining P"'"'- 
 any person who shall not be found entitled to relief, unless the 
 Court or Vice-Chancellor in disposing of the costs shall other- 
 wise direct. 
 
 2. Where an action has been commenced in the name of the 
 wrong person as plaintiff, or where it is doubtful whether it has 
 been commenced in the name of the right plaintiff, the Court 
 or Vice-ChanceUor may, if satisfied that it has been so com- 
 menced through a bona fide mistake, and that it is necessary 
 for the determination of the real matter in dispute so to do, 
 order any other person to be substituted or added as plaintiff 
 upon such terms as may be just. 
 
 3. Where in an action any person has been improperly or 
 unnecessarily joined as a co-plaintiff, and a defendant has set 
 up a counter-claim or set-off, he may obtain the benefit thereof 
 by establishing his set-off or counter-claim as against the 
 parties other than the co-plaintiff so joined, notwithstanding 
 the misjoinder of such plaintiff or any proceeding consequent 
 thereon. 
 
 4. All persons may be joined as defendants against whom 
 the right to any reUef is alleged to exist, whether jointly, 
 severally, or in the alternative. And judgment may be given 
 against such one or more of the defendants as may be found to 
 be liable, according to their respective liabilities, without any 
 amendment. 
 
 5. It shall not be necessary that every defendant shall be 
 interested as to aU the relief prayed for, or as to every cause of 
 action included in any proceeding against him ; but the Court 
 or Vice- Chancellor may make such order as may appear just to 
 prevent any defendant from being embarrassed or put to expense 
 by being required to attend any proceedings in which he may 
 have no interest. 
 
 6. The plaintiff may, at his option, join as parties to the [128] 
 same action all or any of the persons severally, or jointly and 
 
 [126] 
 
 [127] 
 
22 
 
 otiet XVI severally, liable on any one contract, including parties to bills 
 of exchange and promissory notes. 
 
 7. Where the plaintiff is in doubt as to the person from 
 whom he is entitled to redress he may, in such manner as 
 
 ri291 hereinafter mentioned, or as may be prescribed by any special 
 order, join two or more defendants, to the intent that the ques- 
 tion as to which, if any, of the defendants is liable, and to 
 what extent, may be determined as between all parties. 
 
 8. Trustees, executors, and administrators may sue and be 
 sued on behalf of or as representing the property or estate of 
 which they are trustees or representatives, without joining any 
 
 [130] of the persons beneficially interested in the trust or estate, and 
 shall be considered as representing such persons ; but the Court 
 or Vice-Ohanoellor may, at any stage of the proceedings, order 
 any of such persons to be made parties either in addition to, or 
 in lieu of, the previously existing parties. 
 
 9. Where there are numerous persons having the same in- 
 terest in one cause or matter, one or more of such persons may 
 
 [1311 ^'^® °^ ^® sued, or may be authorised by the Court or Vice- 
 Chancellor to defend in such cause or matter, on behalf or for 
 the benefit of all persons so interested. 
 
 10. No cause or matter shall be defeated by reason of the 
 misjoinder or non-joinder of parties, and the Court may in every 
 cause or matter deal with the subject matter in controversy so 
 far as regards the lights aud interests of the parties actually 
 before it. The Court or Vice-Ohancellor may, at any stage of 
 the proceedings, either upon or without the application of either 
 party, and on such terms as may appear to the Court or 
 Vice-Chancellor to be just, order that the names of any parties 
 improperly joined, whether as plaintiffs or as defendants, be 
 struck out, and that the names of any parties, whether plaiatiffs 
 or defendants, who ought to have been joined, or whose presence 
 before the Court may be necessary in order to enable the Court 
 effectually and completely to adjudicate upon and settle all the 
 questions involved in the cause or matter, be added. No person 
 shall be added as a plaintiff suing without a next friend, or as 
 
 [133] 
 
23 
 
 the next friend of a plaintiff under any disability, without his p„*S'^'^" 
 own consent in writing thereto. Every party whose name is so 
 added as defendant shall be served with a writ of summons or 
 notice in manner hereinafter mentioned, or in such manner as 
 may be prescribed by any special order, and the proceedings as 
 against such party, shall be deemed to have begun only on the 
 service of such writ or notice. 
 
 11. Any application to add or strike out or substitute 
 
 a plaintiff or defendant may be made to the Court or Vice- [134] 
 Chancellor at any time before trial by motion or summons, or at 
 the trial of the action in a summary manner. 
 
 12. Where a defendant is added or substituted, the plaintiff 
 shall, unless otherwise ordered by the Court or Vice- Chancellor, 
 
 file an amended copy of and sue out a writ of summons, and [J 35] 
 serve such new defendant with such writ or notice in Ueu of 
 service thereof in the same manner as original defendants are 
 served. 
 
 13. If a statement of claim has been deUvered previously to 
 such defendant being added, the same shall, unless otherwise 
 ordered by the Court or Vice- Chancellor, be amended in swch 
 manner as the making such new defendant a party shall render 
 desirable, and a copy of such amended statement of claim shall 
 be delivered to such new defendant, at the time when he is 
 served with the writ of summons or notice, or afterwards within 
 four days after his appearance. 
 
 II. Partners. 
 
 14. Any two or more persons claiming or being liable as 
 C0;partners may sue or be sued in the name of the respective 
 firms, if any, of which such persons were co-partners at the time 
 of the accruing of the cause of action ; and any party to an 
 
 action may in such case apply, by summons to the Vice-Chan- [136] 
 ceUor for a statement of the names of the persons who were, at 
 the time of the accruing of the cause of section, co-partners in any 
 such firm, to be furnished in such manner, and verified on oath 
 or oiiierwise, as the Vice-Chancellor may direct. Provided that, 
 
24 
 
 Parties? ^^^' ^^ ^^^ *'*^® °^ * co-partnership wliicli has been dissolved, to the 
 knowledge of the plaintiff, before the commencement of the 
 action, the writ of summons shall be served upon every person 
 sought to be made liable. 
 
 15. Any person carrying on business in the name of a firm 
 apparently consisting of more than one person may be sued in 
 the name of such firm. 
 
 [137] 
 
 [139] 
 
 III. Persons under Disability. 
 
 16. Infants may sue as plaintiffs by their next friends, in the 
 manner heretofore practised in the Court, and may, in like 
 
 L*"''J manner, defend by their guardians appointed for that purpose. 
 Married women may sue and be sued as provided by the Married 
 Women's Property Act, 1882. 
 
 17. Where lunatics and persons of unsound mind not so found 
 by inquisition might respectively before the 1st day of January, 
 1877, have sued as plaintiffs or would have been liable to be 
 sued as defendants in any action or suit, they may respectively 
 sue as plaintiffs in any action by their committee or next friend 
 in manner now practised in the Court, and may in like manner 
 defend any action by their committees or guardians appointed 
 for that purpose. 
 
 18. An infant, or person of unsound mind not so found 
 by inquisition, shall not enter an appearance except by his 
 guardian ad litem. No order for the appointment of such 
 
 [140] guardian shall be necessary, but the solicitor applying to enter 
 such appearance, shall make and file an affidavit in the Form 
 No. 6 in Appendix A., Part II., with such variations as circum- 
 stances may require. 
 
 19. Every infant, or person of unsound mind not so found 
 by inquisition, served with a petition or notice of motion 
 
 [141] or summons in a matter, shall appear on the hearing thereof 
 by a guardian ad litem in all cases in which the appointment of 
 a special guardian is not provided for. No order for the appoint- 
 ment of such guardian shall be necessary, but the solicitor by 
 
25 
 
 Order XYI. 
 
 [142] 
 
 ■whom he appears shall previously make and file an af&davit as p„tieB. 
 in the last Rule mentioned. 
 
 20. Where no other person is willing to act as guardian 
 ad litem of an infant, or person of weak or unsound mind not 
 found so by inquisition, the Eegistrar may appoint one of the 
 solicitors of the Court not concerned for any party having any 
 adverse interest, to be such guardian. 
 
 21. Before the name of any person shall be used in any 
 action as next friend of any infant, or other party, or as relator, 
 such person shall sign a written authority to the solicitor for 
 that purpose, and the authority shall be filed in the Chancery 
 Office. 
 
 22. In aU causes or matters to which any infant or person of 
 unsound mind, whether so found by inquisition or not, or person 
 under any other disability, is a party, any consent as to the 
 mode of taking evidence or as to any other procedure shall, if 
 given with the consent of the Court or Vice-Chancellor by the 
 
 next friend, guardian, committee, or other person acting on [143] 
 behalf of the person under disability, have the same force and 
 effect as if such party were under no disability and had given 
 such consent. Provided that no such consent by any com- 
 mittee of a lunatic shall be valid as between him and the 
 lunatic unless given with the sanction of the Lord Chancellor 
 or Lords Justices sitting in Lunacy. 
 
 IV. Proceedings by or against Pavpers. 
 
 23. Any person may be admitted in the manner heretofore 
 accustomed to sue or defend as a pauper on proof that he is [144] 
 not worth £25, his wearing apparel and the subject-matter of 
 
 the cause or matter only excepted. 
 
 24. A person desirous of suing as a pauper shall lay a case 
 before counsel for his opinion whether or not he has reasonable 
 grounds for proceeding. 
 
 25. No person shall be permitted to sue as a pauper unless 
 
 the case laid before connsel for his opinion, and his opinion [146] 
 
 [145] 
 
26 
 
 Parties? ^^^' tbereon, with an affidavit of the party or his solicitor that the 
 case contains a full and true statement of all the material facts 
 to the best of his knowledge and belief, shall be produced before 
 the Court or Vice- Chancellor or proper officer to whom the 
 application is made, and no fee shall be payable by a pauper to 
 his counsel or solicitor. 
 
 [147] 
 
 26. A person admitted to sue or defend as a pauper shall not 
 be liable to any court fee. 
 
 27. Where a person is admitted to sue or defend as a pauper 
 the Court or Vice-Chancellor may, if necessary, assign a counsel 
 
 L14oJ oj. solicitor, or both, to assist him, and a counsel or solicitor so 
 assigned shall not be at liberty to refuse his assistance unless 
 he satisfies the Court orVice-Chancellor that he has some good 
 reason for refusing. 
 
 28. Whilst a person sues or defends as a pauper, no person 
 shall take, or agree to take, or seek to obtain from him any fee, 
 
 [149] profit, or reward, for the conduct of his business in the Court, 
 and any person who takes, or agrees to take, or seeks to obtain 
 any such fee, profit, or reward, shall be guilty of a contempt of 
 Court. 
 
 29. If any person admitted to sue or defend as a pauper 
 gives, or agrees to give, any such fee, profit, or reward, he shall 
 be forthwith dispaupered, and shall not be afterwards admitted 
 again in the same cause or matter to sue or defend as a pauper. 
 
 30. No notice of motion shall be served or summons issued, 
 [161] and no petition shall be presented, on behalf of any person 
 
 admitted to sue or defend as a pauper, except for the discharge 
 of his solicitor, unless it is signed by his solicitor. 
 
 31. It shaU be the duty of the solicitor assigned to a person 
 [162] admitted to sue or defend as a pauper to take care that no 
 
 notice is served, or summons issued, or petition presented, 
 without good cause. 
 
 32. Costs ordered to be paid to a person admitted to sue or 
 [163] defend as a pauper shall, unless the Court or Vice-Chancellor 
 
 shall otherwise direct, be taxed as in other cases. 
 
 [160] 
 
27 
 
 TT ( T • ■ 7 T-. . m Order XVI. 
 
 V. Administration and Execution of Trusts. Parties. 
 
 33. In any case in which the right of an heir-at-law or the 
 next of Mn or a class shall depeud upon the construction which 
 the Court or Vice-Chancellor may put upon an instrument, and 
 it shall not be known or shall be difficult to ascertain who is or 
 are such heir-at-law or next of kin or class, and the Court or 
 Vice- Chancellor shall consider that in order to save expense or [154] 
 for some other reason it wiU be convenient to have the questions 
 of construction determined before such heir-at-law, next of kin, 
 or class shall have been ascertained by means of inquiry or other- 
 wise, the Court or Vice-Chancellor may appoint some one or 
 more persons to represent such heir-at-law, next of kin, or class, 
 and the judgment of the Court or Yice-Chancellor in the pre- 
 sence of such persons shall be blading upon the heir-at-law, 
 next of kin, or class so represented. 
 
 34. Any residuary legatee or next of kin entitled to a judgment 
 
 or order for the administration of the personal estate of a [165] 
 deceased person, may have the same without serving the remain- 
 ing residuary legatees or next of kin. 
 
 35. Any legatee interested in a legacy charged upon real- 
 estate, and any person interested in the proceeds of real estate 
 directed to be sold, and who may be entitled to a judgment or 
 order for the administration of the estate of a deceased person, 
 may have the same without serving any other legatee or person 
 interested in the proceeds of the estate. 
 
 36. Any residuary devisee or heir entitled to the like judgment 
 or order, may have the same without serving any co-residuary 
 devisee or co-heir. 
 
 87. Any one of several cestuis que trust under any deed or 
 instrument entitled to a judgment or order for the execution of [168] 
 the trusts of the deed or instrument, may have the same with- 
 out serving any other cestui que trust. 
 
 38. In all cases of actions for the prevention of waste or 
 otherwise for the protection of property, one person may sue on [159] 
 behalf of himself and all persons having the same interest. 
 
 [166] 
 
 [157] 
 
[162] 
 
 28 
 
 Parties' ^^' ^^- ^°y executor, administrator, or trustee entitled thereto 
 may have a judgment or order against any one legatee, next of 
 [160] kin, or cestui que trust for the administration of the estate or 
 the execution of the trusts. 
 
 40. The Court or Vice-Chancellor may require any person to 
 be made a party to any action or proceeding, and may give the 
 conduct of the action or proceeding to such person as he may 
 
 [••■t'lj think fit, and may make such order in any particular case as he 
 may think just for placing the defendant on the record on the 
 same footing in regard to costs as other parties having a common 
 interest with him in the matters in question. 
 
 41. Wherever, in any action for the administration of the 
 estate of a deceased person or the execution of the trusts of any 
 deed or instrument, or for the partition or sale of any heredita- 
 ments, a judgment or an order has been pronounced or made — 
 
 (a.) Under Order XV. ; 
 fb.j Under Order XXXI. ; 
 
 fc.) Affecting the rights or interests of persons not parties to 
 the action ; 
 
 the Court or Vice-Chancellor may direct that any persons 
 interested in the estate or under the trust or in the heredita- 
 ments, shall be served with notice of the judgment or order, 
 and after such notice such persons shall be bound by the pro- 
 ceedings, in the same manner as if they had originally been 
 made parties, and shall be at liberty to attend the proceedings 
 under the judgment or order. Any person so served may, within 
 one month after such service, apply to the Court or Vice-Chan- 
 cellor to discharge, vary, or add to the judgment or order. 
 
 42. It shall not be necessary for any person served with notice 
 of any judgment or order, to obtain an order for liberty to attend 
 the proceedings under such judgment or order, but such person 
 
 [163] shall be at liberty to attend the proceedings upon entering an 
 appearance in the Chancery Office in the same manner, and 
 subject to the same provisions, as a defendant entering an 
 appearance. 
 
29 
 
 43. A memorandum of the service upon any person of notice p^*"' 
 
 of the judgment or order in any action under Eule 41 shall be , lg4] 
 entered in the Chancery Of&ce upon due proof by a£&davit of 
 such service. 
 
 44. Notice of a judgment or order served pursuant to Eule 41 
 shall be entitled in the action, and there shall be endorsed there- 
 on a memorandum in the Form No. 21 in Appendix G. 
 
 45. Notice of a judgment or order on an infant, or person of 
 unsound mind not so found by inquisition, shall be served in the [1661 
 same manner as a writ of summons in an action. 
 
 [165] 
 
 [167] 
 
 46. In any cause or matter to execute the trusts of a will it 
 shall not be necessary to make the heir-at-law a party, but the 
 plaintiff shall be at hberty to make the heir-at-law a party where 
 he desires to have the will established against him. 
 
 47. K in any cause, matter, or other proceeding it shall appear 
 to the Court or Vice-ChanceUor that any deceased person who 
 was interested in the matter in question has no legal personal 
 representative, the Court or Vice- Chancellor may proceed in the 
 absence of any person representing the estate of the deceased 
 person, or may appoint some person to represent his estate for 
 
 all the purposes of the cause, matter, or other proceeding on [168] 
 such notice to such persons, if any, as the Court or Vice-Chan- 
 cellor shall think fit, either specially or generally by public 
 advertisement, and the order so made, and any order consequent 
 thereon shall bind the estate of the deceased person in the same 
 manner in every respect as if a duly constituted legal personal 
 representative of the deceased had been a party to the cause, 
 matter, or proceeding. 
 
 48. In any cause or matter for the administration of the estate 
 of a deceased person, no party other than the executor or 
 administrator shall, unless by leave of the Court, Vice-Chan- 
 
 cellor or Registrar, be entitled to appear either in Court [169] 
 or in the Chambers of the Eegistrar on the claim of any 
 person not a party to the cause or matter against the estate of 
 the deceased person in respect of any debt or liability. The 
 
80 
 
 Partiffi.'^^ Court or Vice- Chancel lor or Eegistrar may direct, or give 
 liberty to any other party to the cause or matter to appear, 
 either in addition to or in the place of the executor or adminis- 
 trator, upon Buch terms as to costs or otherwise as they or he 
 shall think fit. 
 
 VI. Third Party Procedure. 
 
 49. Where a defendant claims to be entitled to contribution, 
 or indemnity over against any person not a party to the action, 
 he may, by leave of the Court or Vioe-ChanceUor, issue a notice 
 (hereinafter called the third-party notice) to that effect, stamped 
 •with the seal with which writs of smnmons are sealed. A 
 
 ri701 *"'Py °^ ^'^'^•'^ notice shall be filed with the Eegistrar and 
 served on such person according to the rules relating to the 
 services of writs of summons. The notice shall state the 
 nature and grounds of the claim, and shall, unless otherwise 
 ordered by the Court or Vioe-ChanceUor, be served within the 
 time hmited for delivering his defence. Such notice may be in 
 the form or to the effect of the Form No. 1 in Appendix B, 
 with such variations as circimistances may require, and there- 
 with shall be served a copy of the statement of claim, or if 
 there be no statement of claim, then a copy of the writ of sum- 
 mons in the action. 
 
 50. If a person not a party to the action, who is served as 
 mentioned in Rule 49 (hereinafter called the third party), 
 desires to dispute the plaintiff's claim in the action as against 
 the defendant on whose behalf the notice has been given, or 
 bis own liability to the defendant, the third party must enter 
 an appearance in the action within eight days from the service 
 of the notice. The memorandum of such appearance shall be 
 in the Form No. 3 in Appendix A, part 2. In default of his 
 so doing, he shall be deemed to admit the validity of the 
 judgment obtained against such defendant, whether obtained 
 by consent or otherwise, and his own hability to contribute 
 or indemnify, as the case may be, to the extent claimed 
 
 [171] 
 
81 
 
 in the third-party notice. Provided always, that a person p^^" x'"- 
 so served and failing to appear within the said period of 
 eight days may apply to the Court or Vice-Chancellor for 
 leave to appear, and such leave may be given upon such 
 terms, if any, as the Court or Vice-Chanoellor shaU think fit. 
 
 51. "Where a third party makes default in entering an 
 appearance in the action, in case the defendant giving the 
 notice suffer judgment by default, he shall be entitled at any 
 time, after satisfaction of the judgment against himself, or 
 
 before such satisfaction by leaveof the Court or Vice-Chancellor [1 <*] 
 to obtain judgment against the third party to the extent of the 
 contribution or indemnity claimed in the third-party notice : 
 provided that it shall be lawful for the Court or Vice-Chancellor 
 to set aside or vary such last-mentioned judgment upon such 
 terms as may seem just. 
 
 52. Where a third party makes default in entering an 
 appearance in the action, in case the action is tried and results 
 in favour of the plaintiff, the Court or Vice-Chancellor may, at 
 or after the trial, deliver such judgment as the nature of the 
 case may require for the defendant giving the notice against the 
 
 third party : provided that execution thereof be not issued with- [173] 
 out leave of the Court or Vice-Chancellor untU after satisfaction 
 by such defendant of the verdict or judgment against him. And 
 if the action is finally decided in the plaintiff's favour, otherwise 
 than by trial, the Court or Vice-ChanceUor may, on application by 
 motion or summons, as the case may be, dehver such judgment 
 as the nature of the case may require in favour of the defendant 
 giving the notice against the third party, at any time after satis- 
 faction by the defendant of the judgment obtained by the plain- 
 tiff against him. 
 
 53. If a third party appears pursuant to the third-party 
 notice, the defendant giving the notice may apply to the Court [174] 
 or Vice-Chancellor for directions, and the Court or Vice-Chan- 
 cellor, upon the hearing of sndb appUcatiion, may, if satisfied 
 
[175] 
 
 82 
 
 PartieB? ' that there is a question proper to be tried as to the liability of 
 the third party to make the contribution or indemnity claimed, 
 in whole or in part, order the question of such liabUity, as 
 between the third party and the defendant giving the notice, to 
 be tried in such manner, at or after the trial of the action, as 
 the Court or Vice-Chancellor may direct ; and, if not so satis- 
 fied, may deliver such judgment as the nature of the case may 
 require in favour of the defendant giving the notice against 
 the third party. 
 
 54. The Court or Vice-ChanceUor upon the hearing of the 
 application mentioned ia Eule 53 may, if it shall appear desi- 
 rable to do so, give the third party liberty to defend the action, 
 upon such terms as may be just, or to appear at the trial and 
 take such part therein as may be just, and generally may order 
 such proceedings to be taken, documents to be delivered, or 
 amendments to be made, and give such directions, as to the 
 Court or Vioe-Chancellor shall appear proper, for having the 
 question most conveniently determined, and as to the mode 
 and extent in or to which the third party shall be bound or 
 made liable by the judgment in the action. 
 
 55. The Court or Vice-ChanceUor may decide all questions of 
 costs, as between a third party and the other parties to the 
 
 [176] action, and may order any one or more to pay the costs of any 
 other or others, or give such direction as to costs as the justice 
 of the case may require. 
 
 56. Where a defendant claims to be entitled to contribution 
 or indemnity against any other defendant to the action, a notice 
 may, without leave, be issued and the same procedure shall be 
 
 [177] adopted, for the determination of such questions between the 
 defendants, as would be issued and taken against such other 
 defendant, if such last-mentioned defendant were a third party ; 
 but nothing hereia contained shall prejudice the rights of the 
 plaintiff against any defendant in the action. 
 
88 
 OEDEE XVII. 
 
 Order XVn. 
 OliimgeofPaitiea 
 CHANaE OP Parties by Death, &o. byDeatbi&o. 
 
 1. A cause or matter shall not become abated by reason of 
 the marriage, death, or bankruptcy of any of the parties, if the 
 cause of action survive or continue, and shall not become defec- • 
 tive by the assignment, creation, or devolution of any estate or 
 
 title pendente lite ; and, whether the cause of action survives or [178] 
 not, there shall be no abatement by reason of the death of either 
 party between the finding of the issues of fact and the judgment, 
 but judgment may in such case be delivered, notwithstanding 
 the death. . 
 
 2. In case of the marriage, death, or bankruptcy, or devolu- 
 tion of estate by operation of law, of any party to a cause or 
 matter, the Court or Vice-Chancellor may, if it be deemed 
 necessary for the complete settlement of all the questions 
 involved, order that the husband, personal representative, trustee [179] 
 or other successor ia interest, if any, of such party be made a 
 
 party, or be served with notice in such manner and form as 
 hereinafter prescribed, and on such terms as the Court or Vioe- 
 ChanceUor shall think just, and shall make such order for the 
 disposal of the cause or matter as may be just. 
 
 3. In case of an assignment, creation, or devolution of any 
 
 estate, or title pendente lite, the cause or matter may be continued [1801 
 by or against the person to or upon whom such estate or title 
 has come or devolved. 
 
 4. Where by reason of marriage, death, or bankruptcy, or 
 any other event occurring after the commencanent of a cause 
 or matter, and causing a change or transmission of interest or 
 liability, or by reason of any person interested comJhg into 
 existence after the commencement of the cause or matter, it 
 becomes necessary or desirable that any person not already a 
 party should be made a party, or that any person already a 
 party should be made a party in another capacity, an order that 
 the proceedings shall be carried on between the continuing 
 
 [181] 
 
[182] 
 
 84 
 
 oiuuw^omSies parties and such new party or parties, may be obtained ex parte 
 by Peath,&o. ^^ application to the Court or Vice-Chancellor, upon an allega- 
 tion of such change or transmission of interest or liability, or 
 of such person interested having come into existence. 
 
 6. An order obtained as in the last preceding Eule mentioned 
 shall, unless the Court or Vice-Chancellor shall otherwise direct, 
 be served upon the continuing party or parties, or their solicitors, 
 and also upon each such new party, unless the person making 
 the appHcation be himself the only new party, and the order 
 shall from the time of such service, subject nevertheless to the 
 next two following Eules, be binding on the persons served 
 therewith, and every person served therewith who is not already 
 a party to the cause or matter shall be bound to enter an 
 appearance thereto within the same time and in the same man- 
 ner as if he had been served with a writ of summons. The 
 memorandum of such appearance shall be in the Form No. 4, 
 in Appendix A, part 2. 
 
 , 6. Where any person who is under no disability or under no 
 disability other than coverture, or being under any disabUity 
 other than coverture, but having a guardian ad litem in the cause 
 [1 83] or matter, shall be served with such order as in Eule 4 mentioned, 
 such person may apply to the Court or Vice-Chancellor to dis- 
 charge or vary such order at any time within twelve days from 
 the service thereof. 
 
 7. Where any person being under any disability other than 
 coverture, and not having a guardian ad litem in the cause or 
 matter, is served with any order as in Eule 4 mentioned, such 
 
 [184] person may apply to the Court or Vice-Chancellor to discharge 
 or vary such order at any time within twelve days from the 
 appointment of a guardian ad litem for such party, and until 
 such period of twelve days shall have expired such order shall 
 have no force or effect as against such last mentioned person. 
 
 8. When the plaintiff or defendant in a cause or matter dies, 
 [186] S''^^ *^® cause of action survives, but the person entitled to 
 
 proceed fails to proceed, the defendant (or the person against 
 
35 
 
 whom the cause or matter may be continued) may apply by o^^^Jp^^ 
 summons to compel the plaintiff (or the person entitled to pro- ^Jy Deatii, &o. 
 ceed) to proceed within such time as may be ordered : and ia 
 default of such proceeding, judgment may be entered for the 
 defendant, or, as the case may be, for the person against whom 
 the cause or matter might have been continued ; and in such 
 case, if the plaintiff has died, execution may issue as in the case 
 provided for by Order XXXVin., Eule 23. 
 
 9. Where any cause or matter becomes abated or in the case 
 of any such change of interest as is by this Order provided for, 
 the solicitor for the plaintiff or person having the conduct of the 
 
 cause or matter, as the case may be, shall certify the fact to the L'''"''J 
 Registrar, who shall cause an entry thereof to be made in the 
 Cause Book opposite to the name of such cause or matter. 
 
 10. "Where any cause or matter shall have been standing for 
 
 one year in the Cause-Book marked as "abated," or standing [187] 
 over generally, such cause or matter at the expiration of the 
 year shall be struck out of the Cause-Book. 
 
 OEDEE XVIII. 
 
 Order XVHt.' 
 . « . Joinder of oaoEeB 
 
 Joinder of Causes op Action. ofaoaon. 
 
 1. Subject to the following Eules, the plaintifif may unite in 
 the same action several causes of action ; but if it appear to 
 the Court or Vice-Chancellor, that any such causes of action 
 cannot be conveniently tried or disposed of together, the Court [188] 
 or Vice-Chancellor may order separate trials of any of such 
 
 causes of action to be had, or may make such other order as 
 may be necessary or expedient for the separate disposal thereof. 
 
 2. Claims by a trustee in bankruptcy, as such, shall not, 
 unless by leave of the Court or Vice-Chancellor, be joined with 
 any claim by him in any other capacity. 
 
 3. Claims by or against husband and wife, may be joined [191] 
 with claims by or against either of them separately. 
 
 2 
 
 [190] 
 
86 
 
 joMmrfTSes ^- Claims by or against an executor or administrator, as such, 
 of action. ^^^ y^^ joined with claims by or against him personally, pro- 
 
 vided the last-mentioned claims are alleged to arise with 
 reference to the estate iu respect of which the plaintiff or 
 defendant sues or is sued as executor or administrator. 
 
 [192] 
 
 [193] 5. Claims by plaintiffs jointly may be joined with claims by 
 
 them or any of them separately, against the same defendant. 
 
 [194] 6. The last three preceding Eules shall be subject to Eules 1, 
 7, and 8 of this Order. 
 
 7. Any defendant alleging that the plaintiff has united, in 
 the same action, several causes of action which cannot be 
 
 [195] conveniently disposed of together, may at any time apply to the 
 Court or Vice-ChaneeUor, for an order confining the action to 
 such of the causes of action as may be conveniently disposed 
 of together. 
 
 8. If on the hearing of such application as in the last pre- 
 ceding Eule mentioned, it shall appear to the Court or Vice- 
 ChanceUor that the causes of action are such as cannot all be 
 conveniently disposed of together, the Court or Vice-Chancellor 
 may order any of such causes of action to be excluded, and 
 consequential amendments to be made, and may make such 
 order as to costs as may be just. 
 
 [196] 
 
 O^derXIX. OEDEE XIX. 
 
 Pleading 
 
 e^^'^y- Pleading Generally. 
 
 [197] !• The following rules of pleading shall be used in the Court. 
 
 2. The plaintiff shall, subject to the provisions of Order XX., 
 
 and at such time and in such manner as therein prescribed, 
 
 deliver to the defendant a statement of his claim, and of the 
 
 [198] relief or remedy to which he claims to be entitled. The 
 defendant shall, subject to the provisions of Order XXI., and 
 at such time and in such manner as therein prescribed, dehver 
 to the plaintiff his defence, set-off, or counter claim (if any), 
 
[199] 
 
 87 
 
 and the plaintiff shall, subject to the provisions of Order XXII . order xix. 
 
 ;i , 1 ,. , . , ' Pleading 
 
 ana at sucn time and in such manner as therein prescribed, emeraiiy. 
 deliver his reply (if any) to such defence, set off, or counter 
 claim. Such statements shall be as brief as the nature of the 
 case wiU admit, and the taxing officer in adjusting the costs of 
 the action shall at the instance of any party, or may without 
 any request, inquire into unnecessary prolixity, and order the 
 costs occasioned by such prolixity to be borne by the party 
 chargeable with the same. 
 
 3. A defendant in an action may set off, or set up by way of 
 counter claim, against the claims of the plaintiff, any right or 
 claim ; and such set-off or counter claim shall have the same 
 effect as a cross action, so as to enable the Court to pronounce a 
 final judgment in the same action, both on the original and on 
 the cross claim. But the Court or the Vice-Chancellor may, on 
 the appUcation of the plaintiff before trial, if in the opinion 
 of the Court or Vice- Chancellor such set-off or counter claim 
 cannot be conveniently disposed of in the pending action, or 
 ought not to be allowed, refuse permission to the defendant to 
 avail himself thereof. 
 
 4. Every pleading shall contain, and contain only, a state- 
 ment in a summary form of the material facts on which the 
 party pleading relies for his claim or defence, as the case may 
 be, but not the evidence by which they are to be proved, and 
 shall, when necessary, be divided into paragraphs, numbered 
 consecutively. Dates, sums, and numbers shall be expressed 
 in figures and not in words. Signature of counsel shall not be 
 necessary ; but where pleadings have been settled by counsel 
 or a special pleader they shaU be signed by him ; and if not so 
 settled they shall be signed by the solicitor, or by the party if 
 he sues or defends in person. 
 
 5. The Forms in Appendices C, D, and E, when applicable, 
 and where they are not applicable forms of the like character, 
 
 as near as may be, shall be used for all pleadings, and where [201] 
 such Forms are applicable and sufficient any longer forms shall 
 be deemed prolix, and the costs occasioned by such prolixity 
 
 [200] 
 
[203] 
 
 88 
 
 Pleading ■ shall be disallowed to, or borne by, the party so using the same, 
 
 generally. 
 
 as the case may be. 
 
 6. In all cases in which the party pleading relies on any 
 misrepresentation, fraud, breach of trust, wilful default, or 
 undue influence, and in all other cases in which particulars 
 may be necessary beyond such as are exemplified in the Forms 
 
 [<6Ui£j aforesaid, particulars (with dates and items if necessary) shall 
 be stated in the pleading ; provided that, if the particulars be 
 of matters of account, expenses, or damages, and exceed three 
 foUos, the fact must be so stated, with a reference to full par- 
 ticulars already delivered or to be delivered with the pleading. 
 
 7. A further and better statement of the nature of the claim 
 or defence, or further and better particulars of any matter 
 stated in any pleading, notice, or written proceeding requiring 
 particulars, may in all cases be ordered by the Court or Vice- 
 Chancellor, upon such terms, as to costs and otherwise, as may 
 be just. 
 
 8. The party at whose instance particulars have been deli- 
 vered under such order shall, unless the order otherwise pro- 
 vides, have the same length of time for pleading after the 
 
 [204J delivery of the particulars that he had at the return of the 
 summons. Save as in this Eule provided, an order for par- 
 ticulars shall not, unless the order otherwise provides, operate 
 as a stay of proceedings, or give any extension of time. 
 
 9. Every pleading which shall contain less than ten folios 
 (every figure being counted as one word), may be either printed 
 
 [205] or written, or partly printed and partly written, and every other 
 pleading, not being a petition or summons, shall be printed. 
 
 10. Every pleading, or other document, required to be deli- 
 vered to a party, or between parties, shall be delivered in the 
 manner now in use to the solicitor of every party who appears 
 
 [206] ^y ^ solicitor, or to the party, if he does not appear by a 
 solicitor ; but if no appearance has been entered for any party, 
 then such pleading or document shall be delivered by being 
 filed in the Chancery Office. 
 
15. No pleading, not being a petition or summons, shall, 
 except by way of amendment, raise any new ground of claim or 
 contain any allegation of fact inconsistent with the previous 
 pleadings of the party pleading the same. 
 
 [207] 
 
 89 
 
 11. Every pleading shall be delivered between parties, and puadiS^^" 
 shall be marked on the face with the date of the day on which ^°°"*"''' 
 
 it is delivered, and with the reference to the letter and number 
 of the action, the title of the action, and the description of the 
 pleading, and shall be indorsed with the name and place of 
 business of the solicitor and agent (if any), delivering the same, 
 or the name and address of the party delivering the same if he 
 does not act by a soHoitor. 
 
 12. Every allegation of fact ia any pleading, not being a 
 petition or summons, if not denied specifically or by necessary 
 implication, or stated to be not admitted ia the pleading of the [209] 
 opposite party, shall be taken to be admitted, except as against 
 
 an infant, lunatic, or person of unsound mind not so found by 
 inquisition. 
 
 13. Any condition precedent, the performance or occurrence 
 of which is intended to be contested, shall be distinctly specified 
 
 in his pleading by the plaintiff or defendant (as the case may [2101 
 be) ; and, subject thereto, an averment of the performance or 
 occurrence of all conditions precedent necessary for the case of 
 the plaintiff or defendant shall be implied in his pleading. 
 
 14. The defendant or plaintiff (as the case may be) must 
 raise by his pleading all matters which show the action or 
 counterclaim not to be maintainable, or that the transaction is 
 either void or voidable in point of law, and all such grounds of 
 defence or reply, as the case may be, as if not raised would be 
 likely to take the opposite party by surprise, or would raise 
 issues of fact not arising out of the preceding pleadings, as for 
 instance, fraud, Statute of Limitations, release, payment, per- 
 formance, facts showing illegality either by statute or common 
 law, or Statute of Frauds. 
 
 [211] 
 
 [212] 
 
40 
 
 piSl^^^" 16. It shall not be sufficient for a defendant in his statement 
 genetauy. ^^ defence to deny generally the grounds alleged by the state- 
 
 ment of claim, or for a plaintiff in his reply to deny generally 
 [213] tijQ grounds alleged in a defence by way of counter-claim, but 
 each party must deal specifically with each allegation of fact of 
 which he does not admit the truth, except damages. 
 
 17. Subject to the last preceding Eule, the plaintiff by his 
 reply may join issue upon the defence, and each party in his 
 pleading (if any) subsequent to reply may join issue upon the 
 
 r2141 previous pleading. Such joinder of issue shall operate as a 
 denial of every material allegation of facts in the pleading upon 
 which issue is joined, but it may except any facts which the 
 party may be willing to admit, and shall then operate as a 
 denial of the facts not so admitted. 
 
 18. When a party in any pleading denies an allegation of fact 
 in the previous pleading of the opposite party, he must not do 
 so evasively, but answer the point of substance. Thus, if it be 
 alleged that he received a certain sum of money, it shall not be 
 
 [215] sufficient to deny that he received that particular amount, but 
 he must deny that he received that sum or any part thereof, or 
 else set out how much he received. And if an allegation is made 
 with divers circumstances, it shall not be sufficient to deny it 
 along with those circumstances. 
 
 19. When a contract, promise, or agreement is alleged in any 
 pleading, a bare denial of the same by the opposite party, shall 
 be construed only as a denial in fact of the express contract, 
 
 [216] promise, or agreement alleged, or of the matters of fact from 
 which the same may be implied by law, and not as a denial of 
 the legality or sufficiency in law of such contract, promise, or 
 agreement, whether with reference to the Statute of Frauds or 
 otherwise. 
 
 [21 7] ^^' ^^^^^"^^^ ^^^ contents of any document are material, it 
 
 shall be sufficient in any pleading to state the effect thereof as 
 briefly as possible, without setting out the whole or any part 
 
41 
 
 thereof unless the precise words of the document or any part order xix. 
 thereof are materiaL l^^y. 
 
 21. Wherever it is material to allege fraudulent intention, 
 knowledge, or other condition of the mind of any person, it [2181 
 shall be sufficient to allege the same as a fact without setting 
 out the circumstances from which the same is to be inferred. 
 
 22. Wherever it is material to allege notice to any person of 
 any fact, matter, or thing, it shall be sufficient to allege such 
 notice as a fact, unless the form or the precise terms of such 
 notice, or the circumstances from which such notice is to be 
 inferred, be material. 
 
 [219] 
 
 23. Whenever any contract or any relation between any per- 
 sons is to be implied from a series of letters or conversations, 
 or otherwise from a number of circumstances, it shall be sufficient 
 to allege such contract or relation as a fact, and to refer generally 
 
 to such letters, conversations, or circumstances without setting [2201 
 them out in detail. And if in such case the person so pleading 
 desires to rely in the alternative upon more contracts or relations 
 than one as to be implied from such circumstances, he may 
 state the same in the alternative. 
 
 24. Neither party need in any pleading allege any matter of 
 
 fact which the law presumes in his favour or as to which the [221] 
 burden of proof lies upon the other side, unless the same has 
 first been specifically denied. 
 
 25. No technical objection shall be raised to any pleading on 
 
 the ground of any alleged want of form. [»««] 
 
 26. The Court" or Vice- Chancellor may at any stage of the 
 proceedings order to be struck out or amended any matter in 
 any indorsement or pleading which may be unnecessary or 
 scandalous or which may tend to prejudice, embarrass, or delay 
 the fair trial of the action ; and may in any such case, if the 
 Court or Vice-Chancellor shall think fit, order the costs of the 
 application to be paid as between solicitor and client. 
 
 [223] 
 
42 
 OEDEE XX. 
 
 Order XX. 
 Statement of 
 
 "la™- Statement of Claim. 
 
 1. The delivery of statements of claim shall be regulated as 
 follows : — 
 
 («.) Subject to the provisions of Order XIV., Eule 3, as to 
 filing a statement of claim when there is no appear- 
 ance, no statement of claim need be delivered unless 
 the defendant at the time of entering appearance, or 
 within eight days thereafter, gives notice in writing to 
 the plaintiff or his solicitor that he requires a state- 
 ment of claim to be delivered : 
 
 {b.) If no statement of claim has been delivered and the 
 defendant gives notice requiring the delivery of a 
 statement of claim, the plaintiff shall, unless other- 
 wise ordered by the Court or Vice-Chancellor, deliver 
 it within five weeks from the tirne of the plaintiff 
 r22fil receiving such notice : 
 
 (e.) The plaintiff may deliver a statement of claim, either 
 with the writ of summons or notice in lieu of writ of 
 summons, or at any time afterwards either before or 
 after appearance, notwithstanding that the defendant 
 may have appeared and not required the delivery of a 
 statement of claim : Provided that in no case where a 
 defendant has appeared shall a statement be delivered 
 more than six weeks after the appearance has been 
 entered unless otherwise ordered by the Court or Vice- 
 Chancellor : 
 
 (d.) Where the plaintiff delivers a statement of claim without 
 being required to do so, or the defendant unnecessarily 
 requires such statement, the Court or Vice-Chancellor 
 may make such order as to the costs occasioned thereby 
 as shall be just, if it appears that the delivery of a 
 statement of claim was unnecessary or improper. 
 
48 
 
 2. Whenever a statement of claim is delivered the plaintiff gtet°m^t^„f " 
 may therein alter, modify, or extend his claim without any '=''^- 
 amendment of the indorsement of the writ. [<«3oJ 
 
 8. Every statement of claim shall state specifically the relief 
 ■which the plaintiff claims, either simply or in the alternative, 
 and it shall not he necessary to ask for general or other relief, [2301 
 which may always he given, as the Court or Vice- Chancellor 
 may think just, to the same extent as if it had been asked for. 
 And the same rule shall apply to any counter-claim made, or 
 relief claimed by the defendant, in his defence. 
 
 4. Where the plaintiff seeks relief in respect of several dis- 
 tinct claims or causes of complaint founded upon separate and 
 distinct grounds, they shall be stated, as far as may be, sepa- [2311 
 rately and distinctly, And the same rule shall apply where the 
 defendant relies upon several distinct grounds of defence, set-off, 
 or counter-claim founded upon separate and distinct facts. 
 
 5. In every case in which the cause of action is a stated or 
 settled account, the same shall be alleged with particulars, but 
 in every case in which a statement of account is relied on by 
 way of evidence or admission of any other cause of action which 
 is pleaded, the same shall not be alleged in the pleadings. 
 
 [232] 
 
 OEDEE XXI. 
 
 Order XXI. 
 Defence and 
 
 Defence and Countbe- Claim. counter-ciaim. 
 
 1. No denial or defence shall be necessary as to damages 
 claimed or their amount ; but they shall be deemed to be put [2371 
 in issue in all cases when claimed, unless expressly admitted. 
 
 2. If either party wishes to deny the right of any other party 
 to claim as executor, or as trustee whether in bankruptcy or 
 otherwise, or in any representative or other alleged capacity, or 
 the alleged constitution of any partnership firm, he shall deny 
 the same specifically. 
 
 [238] 
 
44 
 
 Detenoe'an?''' ^- Where a statement of claim is delivered to a defendant he 
 
 oomiter-ciaim. gj^g^jj deliver his defence within 10 days from the delivery of the 
 
 rogq-i statement of claim, or from the time limited for appearance, 
 
 whichever shall be last, unless such time is extended by the 
 
 Court or Vice-Chancellor. 
 
 4. A defendant who has appeared in an action, and who has 
 neither received nor required the delivery of a statement of 
 
 [240] claim, must deliver his defence (if any) at any time within 
 10 days after his appearance, unless such time is extended by 
 the Court or Vice-Chancellor. 
 
 5. Where the Court or Vice-Chancellor shall be of opinion 
 that any allegations of fact denied, or not admitted by the 
 defence, ought to have been admitted, the Court or Vice-Chan- 
 cellor may make such order as shall be just with respect to any 
 extra costs occasioned by their having been denied, or not 
 admitted. 
 
 6. Where any defendant seeks to rely upon any grounds as 
 [243] supporting a right of counter-claim, he shall, in his statement of 
 
 defence, state specifically that he does so by way of counter-claim. 
 
 7. Where a defendant by his defence sets up any counter-claim 
 which raises questions between himself and the plaintiff along 
 with any other persons, he shall add to the title of his defence a 
 further title similar to the title in a statement of claim setting 
 
 [244] ^°^*^ *^^ names of all the persons who, if such counter-claim 
 were to be enforced by cross-action, would be defendants to such 
 cross-action, and shall deliver his statement of defence to such of 
 them as are parties to the action vnthin the period within which 
 he is required to deliver it to the plaintiff. 
 
 8. Where any such person as in the last preceding Eule men- 
 tioned is not a party to the action, he shall be summoned to 
 appear by being served with a copy of the defence, and such 
 
 [i«40] service shall be regulated by the same Eules as are herein-before 
 contained with respect to the service of a writ of summons, and 
 every defence so served shall be mdorsed in the Form No. 2 in 
 Appendix B, or to the hke effect. 
 
[346] 
 
 45 
 
 9. Any person not a defendant to the action, who is served DeSef ™' 
 with a defence and counter-claim as aforesaid, must appear °°"°"^'°'°™- 
 thereto as if he had been served with a writ of summons to 
 appear ia an action. The memorandum of such appearance 
 shall be in Form No. 5 in Appendix A, part 2. 
 
 10. Any person named in a defence as a party to a counter- 
 claim thereby made may dehver a reply withia the time within [2471 
 which he might deliver a defence if it were a statement of claim. 
 
 11. Where a defendant sets up a counter-claim, if the plaintiff 
 or any other person named ia manner aforesaid as party to such 
 counter-claim contends that the claim thereby raised ought not 
 to be disposed of by way of counter-claim, but in an iadependent 
 action, he may at any time before reply apply to the Court or 
 Vice-Chancellor for an order that such counter-claim may be 
 excluded, and the Court or Vice-Chancellor may, on the hearing 
 of such application, make such order as shall be just. 
 
 12. If, in any case in which the defendant sets up a counter- 
 claim, the action of the plaintiff is stayed, discontinued, or dis- r249] 
 missed, the counter-claim may nevertheless be proceeded with. 
 
 13. Where in any action a set-off or counter-claim is esta- 
 blished as a defence against the plaintiff's claim, the Court or 
 Vice-Chancellor may, if the balance is in favour of the defendant, [250] 
 give judgment for the defendant for such balance, or may other- 
 wise adjudge to the defendant such relief as he may be entitled 
 
 to upon the merits of the case. 
 
 [248] 
 
 OEDEE XXII. Ee^l'^nl™- 
 
 subsequent 
 
 Eeply and Subsequent Pleadings. pleadings. 
 
 1. A plaintiff shall dehver his reply, if any, within 21 days 
 
 after the defence, or the last of the defences, shall have been [276] 
 dehvered, unless the time ghaU be extended by the Court or Vice- 
 Chancellor. 
 
 2, No pleading subsequent to reply, other than a joinder of [277] 
 issue, shall be pleaded without leave of the Court, or Vice-Chan- 
 
46 
 
 Order XXIL 
 Beply and 
 BubBequeQt 
 pleadings. 
 
 [278] 
 
 [279] 
 
 [280] 
 
 oellor, and then shall be pleaded only upon such terms as the 
 Court or Vice-Chancellor shall think fit. 
 
 3. Subject to the last preceding Eule, every pleading subsequent 
 to reply shall be delivered -withia four days after the deUvery of 
 the previous pleading, unless the time shall be extended by the 
 Court or Vice-ChanceUor. 
 
 4. Where a counter-claim is pleaded, a reply thereto shall be 
 subject to the Eules appHcable to statements of defence. 
 
 5. As soon as any party has joiaed issue upon the preceding 
 pleading of the opposite party simply without adding any further 
 or other pleading thereto, or has made default as mentioned in 
 Order XXVI., Eule 4, the pleadings as between such parties shall 
 be deemed to be closed. 
 
 Order XXni. 
 
 Matters arising 
 pending the 
 action. 
 
 [282] 
 
 [283] 
 
 OEDEE XXIII. 
 
 Matters aeising pending the Action. 
 
 1. Any ground of defence which has arisen after action brought, 
 but before the defendant has delivered his statement of defence, 
 and before the time limited for his doing so has expired, may be 
 raised by the defendant in his statement of defence, either alone, 
 or together with other grounds of defence. And if, after a state- 
 ment of defence has been delivered, any ground of defence arises, 
 to any set-off or counter-claim, alleged therein by the defendant, 
 it may be raised by the plaintiff in his reply, either alone, or 
 together with any other ground of reply. 
 
 2. Where any ground of defence arises after the defendant has 
 delivered a statement of defence, or after the time limited for his 
 doing so has expired, the defendant may, and where any ground 
 of defence to any set-off or counter-claim arises after reply, or 
 after the time limited for deUvering a reply has expired, the 
 plaintiff may, within eight days after such ground of defence has 
 arisen, or by leave of the Court or Vice-ChanceUor, at any sub- 
 sequent time, deliver a further defence, or further reply, as the 
 case may be, setting forth the same. 
 
47 
 
 8. Whenever any defendant in his statement of defence, or in Matters S?g 
 any further statement of defence, as in the last Eule mentioned, aoS^® *^° 
 alleges any ground of defence which has arisen after the com- 
 mencement of the action, the plaintiff may deliver a confession 
 of such defence, (-which confession may be in the form No. 8 in [2841 
 Appendix B hereto, with such variations as circumstances may 
 require), and he shall thereupon be entitled to judgment for his 
 costs up to the time of the pleading of such defence, Unless the 
 Court or Vice-Chancellor, shaU either before or after the deHvery 
 of such confession, otherwise order. 
 
 [286] 
 
 ORDER XXIV. Demurrer, 
 
 T^ -r\ Proceedings in 
 
 IrROOEEDINGS IK LIEU OF JJEMUEEEK. lieu oi. 
 
 1. No demurrer shall be allowed. [286] 
 
 2. Any party shaU be entitled to raise by his pleading any point 
 of law, and any point so raised shall be disposed of by the Court 
 or Viee-ChanceUor at or after the trial, provided that by consent 
 of the parties, or by the order of the Court or Vice-ChanceUor on 
 the appUcation of either party, the same may be set down for 
 hearing and disposed of at any time before the trial. 
 
 3. If, in the opinion of the Court or Vice-ChanceUor, the 
 decision of such point of law substantially disposes of the whole 
 action, or of any distinct cause of action, ground of defence, set- roQiri 
 off, counter-claim, or reply therein, the Court or Vice-Chancellor 
 
 may thereupon dismiss the action or make such other order there- 
 in as may be just. 
 
 4. The Court or Vice-ChanceUor may order any pleading to be 
 struck out, on the ground that it discloses no reasonable cause of 
 action or answer, and in any such case or in case of the action or 
 defence being shown bv the pleadings to be frivolous or vexatious, [288] 
 the Court or Vice- Chancellor may order the action to be stayed or 
 dismissed, or deliver such judgment as may be just. 
 
 5. No action or proceeding shall be open to objection, on the 
 ground that a merely declaratory judgment or order is sought 
 thereby, and the Court may make binding declarations of right 
 whether any coJQSequential relief is or could be claimed, or not. 
 
 [289] 
 
48 
 OEDEE XXV. 
 
 Order XXV. 
 Biaoontmuanoe. DlSOONTINUANOE. 
 
 1. The plaintiff may, at any time before receipt of the defen- 
 dant's defence, or after the receipt thereof, before taking any other 
 proceeding in the action, (save any interlocutory application), by 
 notice in -writing, wholly discontinue his action against all or any 
 of the defendants, or •withdraw, any part or parts of his alleged 
 cause of complaint, and thereupon he shall pay such defendant's 
 costs of the action ; or, if the action be not wholly discontiaued, 
 the costs occasioned by the matter so withdrawn. Such costs shall 
 be taxed, and such discontinuance or withdrawal, as the case may 
 be, shall not be a defence to any subsequent action. Save as in 
 this Eule otherwise provided, it shall not be competent for the 
 plaintiff to withdraw the record, or discontinue the action, without 
 leave of the Court or Vice-Chancellor ; but the Court or Vice-Chan- 
 oellor may, before, or at, or after, the hearing or trial, upon such 
 terms as to costs, and as to any other action and otherwise, as may 
 be just, order the action to be discontinued, or any part of the 
 alleged cause of complaint to be struck out. The Court or Vice- 
 Chancellor may, in like manner, and with the like discretion as 
 to terms, upon the application of a defendant, order the whole or 
 any part of his alleged grounds of defence, or counter-claim, to 
 be withdrawn, or struck out ; but it shall not be competent to a 
 defendant to withdraw his defence, or any part thereof, without 
 such leave. 
 
 [290] 
 
 2. When a cause has been entered for trial, it may be with- 
 drawn by either plaintiff or defendant, upon producing to the 
 Eegistrar a consent in writing signed by the parties. 
 
 3. Any defendant shall be entitled to judgment for the costs of 
 the action, if it is wholly discontinued agaiast him, or for the costs 
 occasioned by the matter withdrawn, if the action be not wholly 
 discontinued, ia case such respective costs are not paid within four 
 days after taxation. 
 
 [293] 4. If any subsequent action shall be brought before payment 
 
 [291] 
 
 [292] 
 
49 
 
 of the costs of a discontinued action, for the same, or substantially Di^mHjS^ce. 
 the same, cause of action, the Court or Vice- Chancellor may order 
 a stay of such subsequent action, until such costs shall have been 
 paid, if the Court or Vice- Chancellor shall think fit, 
 
 [294] 
 
 [304] 
 
 ORDER XXVI. Order XXVI. 
 
 Default of 
 
 Default of Pleading. *** ^" 
 
 1. If the plaintiff, being bound to deUver a statement of claim, 
 does not dehver the same within the time allowed for that pur- 
 pose, the defendant may, at the expiration of that time, apply to 
 the Court or Vice- Chancellor, to dismiss the action with costs, 
 for want of prosecution ; and on the hearing of such appUcation 
 the Court or Vice-ChanceUor may, if no statement of claim have 
 been delivered, order the action to be dismissed accordingly, or 
 may make such other order, on such terms, as the Court or 
 Vice- Chancellor shall think just. 
 
 2. If the defendant makes default in deHvering a defence, the 
 plaintiff may set down the action on motion for judgment, and 
 such judgment shall be given as upon the statement of claim 
 the Court or Vice-ChanceUor shall consider the plaintiff to be 
 entitled to. 
 
 3. Where there are several defendants, then, if one of such 
 defendants make such default as aforesaid, the plaiatiff may 
 either (if the cause of action be severable) set dovm the action at 
 once on motion for judgment against the defendant so making 
 default, or may set it down against him at the time when it is 
 entered for trial, or set down on motion for judgment, against 
 the other defendants. 
 
 4. If the plaintiff does not deliver a reply, or any party does 
 not dehver any subsequent pleading within the period allowed 
 
 for that purpose, the pleadings shall be deemed to be closed at [306] 
 the expiration of that period, and all the material statements of 
 fact in the pleading last dehvered shall be deemed to have been 
 denied and put in issue. 
 
 D 
 
 [306] 
 
50 
 
 Order XXVI. 
 Default of 
 pleading. 
 
 [307] 
 
 [308] 
 
 5. In any case in wliich issues arise in an action, other than 
 between plaintiff and defendant, if any party to any such issue 
 makes default in delivering any pleading, the opposite party may 
 apply to the Court or Vice- Chancellor for such judgment, if any, 
 as upon the pleadings he may appear to be entitled to, and the 
 Court or Vice- Chancellor may order judgment to be entered 
 accordingly, or may make such other order as may be necessary 
 to do complete justice between the parties. 
 
 6. Any judgment by default, whether under this Order, or 
 under any other of these Eules, may be set aside by the Court or 
 Vice- Chancellor upon such terms as to costs, or otherwise, as 
 the Court or Vice- Chancellor may think fit. 
 
 Order XXyn, 
 Ameudmeut of 
 pleadings. 
 
 OEDEE XXVII. 
 
 Amendment. 
 
 1. The Court or Vice- Chancellor may, at any stage of the 
 proceedings, allow either party to alter or amend his indorsement 
 or pleadings, in such manner and on such terms as may be just, 
 
 [309] and aU such amendments shall be made as may be necessary for 
 the purpose of determining the real questions in controversy 
 between the parties. 
 
 2. The plaintiff may, without any leave, amend his statement 
 of claim, whether indorsed on the writ or not, once at any time 
 before the expiration of the time limited for reply, and before 
 replying, or, where no defence is delivered, at any time before 
 the expiration of four weeks from the appearance of the defendants 
 who shall have last appeared. 
 
 3. A defendant who has set up any counter-claim or set-off 
 may, without any leave, _ amend such counter-claim or set off 
 at any time before the expiration of the time allowed him for 
 
 [311] answering the reply and before such answer, or in case there be 
 no reply then at any time before the expiration of twenty-eight 
 days from the filing of his defence. 
 
 [310] 
 
51 
 
 4. Where any party has amended his pleading under either of ^^X^^^of' 
 the last two preceding Eules, the opposite party may, within pi^^'^^'sb- 
 eight days after the delivery to him of the amended pleadhig, rqi ni 
 apply to the Court or Vice- Chancellor to disallow the amendment, 
 
 or any part thereof ; and the Com-t or Vice -Chancellor may, if 
 satisfied that the justice of the case requires it, disallow the 
 same, or allow it subject to such terms as to costs or otherwise 
 as may be just. 
 
 5. Where any party has amended his pleading under Eules 
 2 or 3, the opposite party shall plead to the amended pleading, 
 or amend his pleading, within the time he then has to plead or 
 
 within eight days from the dehvery of the amendment, whichever [31 3] 
 shall last expire ; and ia case the' opposite party has pleaded 
 before the dehvery of the amendment, and does not plead again 
 or amend within the time above-mentioned, he shaU be deemed 
 to rely on his original pleadhig in answer to such amendment. 
 
 6. In all cases not provided for by the preceding Eules of this 
 Order, apphcation for leave to amend any pleading may be made _.. - 
 by either party to the Court or Vice-ChanceUor, either before or 
 
 at the trial of the action, and such amendment may be allowed 
 upon such terms as to costs or otherwise as may be just. 
 
 7. If a party who has obtained an order for leave to amend, does 
 not amend accordingly within the time limited for that purpose 
 
 by the order, or if no time is thereby hmited, then within four- [315] 
 teen days from the date of the order, such order to amend shall, 
 on the expiration of such limited time as aforesaid, or of such 
 fourteen days as the case may be, become ipso facto void unless 
 the time is extended by the Court or Vice-ChanceUor. 
 
 8. An indorsement or pleading may be amended by written 
 alterations in the copy which has been delivered, and by additions 
 on paper to be interleaved therewith if necessary, unless the 
 amendments require the insertion of more than 144 words in [316] 
 any one place, or are so numerous or of such a nature that the 
 making them in writing would render the document difficult or 
 inconvenient to read, in either of which cases the amendment 
 
 must be made by delivering a print of the document as amended. 
 D 2 
 
62 
 
 Order XXVU. 
 Amendment of 
 pleadings. 
 
 [317] 
 
 [318] 
 
 [319] 
 
 [320] 
 
 [321] 
 
 9. Whenever any indorsement or pleadiag is amended, the 
 same, when amended, shall be marked with the date of the order, 
 if any, under which the same is so amended, and of the day on 
 which such amendment is made, in maimer following, viz. : — 
 " Amended ' day of pursuant to order of 
 
 dated the of ." 
 
 10. Whenever any indorsement or pleading is amended, such 
 amended document shaU be delivered to the opposite party 
 within the time allowed for amending the same. 
 
 11. Clerical mistakes in judgments or orders, or errors arising 
 therein from any accidental shp or omission, may at any time be 
 corrected by the Court or Vice- Chancellor on motion or summons 
 without a rehearing. 
 
 12. The Court or Vice- Chancellor may at any time, and on 
 such terms as to costs or otherwise as the Court or Vioe-Chan- 
 ceUor may think just, amend any defect or error in any proceed- 
 ings, and all necessary amendments shall be made for the purpose 
 of determining the real question or issue raised by or depending 
 on the proceedings. 
 
 13. The costs of and occasioned by any amendment made 
 pursuant to Eules 2 and 3 of this Order shall be borne by the 
 party making the same, unless the Couit or Vice- Chancellor 
 shall otherwise order. 
 
 Order XXVni. 
 Filing copies of 
 pleadlDga. 
 
 OEDEE XXVIII. 
 Filing Copies op Pleadings. 
 
 1. Every party to an action, upon delivering any pleading or 
 amended pleading therem, to the other party, shall file a copy 
 thereof ; such copy may be either printed or written, or partly 
 printed and partly written. Every such copy shall have marked 
 thereon the date of the deUvery and other particulars, which by 
 these Eules are required to appear upon the pleading or amended 
 pleading delivered to the opposite party ; and unless, in any 
 
58 
 
 particulai- case, the Court or Vice-Chancellor shall otherwise ^j^'^^f^H 
 direct, no party to an action who has deUvered any pleading or pi«a^°88- 
 amended pleading, to any other party, shall be allowed to take 
 any subsequent proceeding in the action, until he shall have 
 filed such copy. 
 
 2. An office copy of a copy of any pleadmg or amended 
 pleading, filed in pursuance of the last preceding Eule, shall b^ 
 receivable in evidence as sufficient proof of the contents of the 
 pleading, or amended pleading, delivered in the action, and also 
 of the particulars which appeared thereon at the time of such 
 dehvery ; but no party to an action shall be compelled to take 
 any such office copy. 
 
 8. All pleadings and other documents required to be filed, 
 shall be filed in the Chancery Office. 
 
 OEDEE XXIX. Order XXIX. 
 
 Discovery and 
 T-v T inspection. 
 
 Discovery and Inspection. 
 
 1. In any action where reUef is sought on the ground 
 of fraud or breach of trust, the plaintiff may at any time 
 after deHvering his statement of claim, and a defendant 
 may at or after the time of dehvering his defence, without 
 any order for that purpose, and in every other cause or 
 matter the plaintiff or defendant may by leave of the Court or 
 Vice -Chancellor deliver interrogatories in writing for the examina- 
 tion of the opposite parties, or any one or more of such parties, 
 and such interrogatories when delivered shall have a note at the 
 foot thereof, stating which of such interrogatories each of such 
 persons is required to answer : Provided that no party shall 
 dehver more than one set of interrogatories to the same party 
 without an order for that purpose : Provided also that interroga- 
 tories which do not relate to any matters in question in the 
 cause or matter shall be deemed irrevelant, notwithstanding that 
 they might |be admissible on the oral cross-examination of a 
 witness. 
 
 [343] 
 
64 
 
 Order XXIX. 
 
 Discovery and 
 
 2. In deciding upon any application for leave to exhibit 
 inspection. interrogatories, the Court or Vice-Chancellor shall take into 
 
 account any offer which may be made by the party sought to be 
 [344] interrogated, to deliver particulars, or to make admissions, or to 
 produce documents relating to the matter in question, or any of 
 them. 
 
 3. In adjusting the costs of the cause or matter inquiry shall 
 at the instance of any party be made mto the propriety of 
 exhibiting such interrogatories, and if it is the opinion of the 
 taxing officer or of the Court or Vice-Chancellor, either with 
 
 -' or without an appKcation for inquiry, that such interrogatories 
 have been exhibited unreasonably, vexatiously, or at improper 
 length, the costs occasioned by the said interrogatories and the 
 answers thereto shall be paid in any event by the party ia fault. 
 
 4. Interrogatories shall be in the Form No. 4 in Appendix B., 
 [346] with such variations as circumstances may require. 
 
 5. If any party to a cause or matter be a body corporate or a 
 joint stock company, whether incorporated or not, or any other 
 body of persons, empowered by law to sue or be sued, whether 
 in its own name or m the name of any officer or other person, 
 any opposite party may apply to the Court or Vice-ChanceUor for 
 an order allowing him to deliver interrogatories to any member 
 or officer of such corporation, company, or body, and an order may 
 be made accordingly. 
 
 6. Any objection to answering any one or more of several 
 interrogatories on the ground that it or they is or are scandalous 
 or irrevelant, or not bon fide for the purpose of the cause or 
 matter, or that the matters inquired into are not sufficiently 
 material at that stage, or on any other gromid, may be taken in 
 the affidavit in answer. 
 
 7. Any interrogatories may be set aside on the ground that 
 they have been exhibited unreasonably or vexatiously, or struck 
 
 [349] out on the ground that they are prolix, oppressive, unnecessary, 
 or scandalous, any application for this purpose shall be made to 
 the Court or Vice-ChanceUor within seven days after service of 
 the interrogatories. 
 
 [347] 
 
 [348] 
 
65 
 
 8. Interrogatories shall be answered by affidavit to be filed DiwLy ma' 
 within ten days, or within such other time as the Court or Vice- ™^*!q°tftT • 
 Chancellor may allow. 
 
 9. An affidavit in answer to interrogatories shall, unless other- 
 wise ordered by the Court or Vice-Chancellor, if exceeding 10 [351] 
 folios, be printed and shaU be m the Form No. 5 in Appendix 
 
 B, with such variations as circumstances may require. 
 
 10. No exceptions shall be taken to any affidavit in answer, 
 but the sufficiency or otherwise of any such affidavit objected to 
 as insufficient shall be determined by the Court or Vice-Chan- 
 ceUor on motion or sununons. 
 
 [362] 
 
 11. If any person interrogated omits to answer, or answers 
 insufficiently, the party interrogatmg may apply to the Court or 
 Vice- Chancellor for an order requiring him to answer, or to 
 answer further, as the case may be. And an order may be made [353] 
 requiring him to answer or answer further, either by affidavit or 
 
 by livd voce examination, as the Court or Vice- Chancellor may 
 direct. 
 
 12. Any party may, without fiUng any affidavit, apply to the 
 Court or Vice-ChanceUor for an order directing any other party 
 to any cause or matter to make discovery on oath of the docu- 
 ments which are or have been in his possession or power, 
 relating to any matter in question therem. On the hearing of 
 such appUcation the Court or Vice-ChanceUor may either refuse 
 or adjourn the same, if satisfied that such discovery is not 
 necessary, or not necessary at that stage of the cause or matter, 
 or make such order, either generally or hmited to certain classes 
 of documents, as may, in the discretion of the Court or Vice- 
 ChanceUor, be thought fit. 
 
 13. The affidavit, to be made by a party against whom such 
 
 order as is mentioned in the last preceding Eule has been made, [355] 
 shall specify which, if any, of the documents therein mentioned 
 he objects to produce, and it shall be in the Form No. 6 in 
 Appendix B, with such variations as circumstances may require. 
 
 [354] 
 
[356] 
 
 [357] 
 
 56 
 
 nScowyS" 14- I* ^^^11 ^^ 1*^'*^ fo^ ^^^ <^°^^* O'^ Vice-ChanceUor at any 
 Inspection. ^j^^g during the pendency of any cause or matter, to order the 
 production by any party thereto, upon oath, of such of the docu- 
 ments in his possession or power, relating to any matter in 
 question in such cause or matter, as the Court or Vice-Chancellor 
 shall think right ; and the Court or Vice-Chancellor may deal 
 with such documents when produced in such manner as shall 
 appear just, 
 
 15. Every party to a cause or matter shall be entitled, at any 
 time, by notice in writing, to give notice to any other party, in 
 whose pleadings or affidavits reference is made to any document, 
 to produce such document for the inspection of the party giving 
 such notice, or of his solicitor, and to permit him or them to 
 take copies thereof; and any party not compljdng with such 
 notice shall not afterwards be at liberty to put any such docu- 
 ment ia evidence on his behalf in such cause or matter, unless 
 he shall satisfy the Court or Vice-Chancellor that such document 
 relates only to his own title, he being a defendant to the cause 
 or matter, or that he had some other cause or excuse which the 
 Court or Vice -Chancellor shall deem sufficient for not complying 
 with such notice : in which ease the Court or Vice-ChanceUor 
 may allow the same to be put in evidence oii such terms as to 
 costs and otherwise as the Court or Vice-Chancellor shall think 
 fit. 
 
 16. Notice to any party to produce any document referred to 
 [858] in his pleading or affidavits shall be in the Form No. 7 in 
 
 Appendix B., with such variations as circumstances may require. 
 
 17. The party to whom such notice is given shall, within two 
 days from the receipt of such notice, if all the documents therein 
 referred to have been set forth by him in such affidavit as is 
 mentioned m Eule 13, or if any of the documents referred to in 
 
 [359] ^^°^^ notice have not been set forth by him in any such affidavit, 
 then within four days from the receipt of such notice, deliver to 
 the party giving the same a notice stating a time within three 
 days from the delivery thereof at which the documents, or such 
 of them as he does not object to produce, may be inspected at 
 
57 
 the office of his soUcitor, or m the case of bankers' books or P^erxxix. 
 
 Discovery ana 
 
 other books of account, or books m constant use for the pur- '"^p^"*'''"'- 
 poses of any trade or busmess, at then: usual place of custody, 
 and statmg -which (if any) of the documents he objects to 
 produce, and on what ground. Such notice shall be m the 
 Form No. 8 m Appendix B., with such variations as circum- 
 stances may require. 
 
 18. If the party served with notice under Eule 17 omits to give 
 such notice of a time for inspection or objects to give mspection, 
 or offers inspection elsewhere than at the office of his solicitor, 
 the Court or Vice-Chancellor may, on the apphcation of the 
 party desiring it, make an order for iuspection ia such place and 
 
 ia such manner as he may think fit ; and, except ia the case of rQfin-| 
 documents referred to in the pleadings or affidavits of the party 
 against whom the apphcation is made, or disclosed in his affidavit 
 of documents, such apphcation shall be founded upon an affidavit 
 showing of what documents inspection is sought, that the party 
 applying is entitled to inspect them, and that they are in the 
 possession or power of the other party. 
 
 19. An order upon the lord of a manor to allow limited 
 inspection of the Court rolls may be made on the application of rQfii i 
 a copyhold tenant supported by an affidavit that he has applied 
 
 for inspection, and that the same has been refused. 
 
 20. If the party from whom discovery of any Mnd or inspection 
 is sought objects to the same, or any part thereof, the Court or 
 "Vice- Chancellor may, if satisfied that the right to the discovery 
 or inspection sought depends on the determination of any issue 
 
 or question in dispute in the cause or matter, or that for any other [362] 
 reason it is desirable that any issue or question in dispute in the 
 cause or matter should be determined before deciding upon the 
 right to the discovery or inspection, order that such issue or 
 question be determined first, and reserve the question as to the 
 discovery or inspection. 
 
 21. If any party fails to comply with any order to answer [363] 
 interrogatories, or for discovery or inspection of documents, he 
 
68 
 
 DisoolL^Sd' s^^ ^® liable to attachment. He shall also, if a plaintiff, be 
 inspection. liable to have his action dismissed for want of prosecution, and, 
 if a defendant, to have his defence, if any, struck out, and to be 
 placed m the same position as if he had not defended, and the 
 party interrogating may apply to the Court or Vice- Chancellor 
 for an order to that effect, and an order may be made accordingly. 
 
 22. Service of an order for interrogatories or discovery or 
 inspection made against any party on his sohcitor shall be 
 sufficient service to found an appUcation for an attachment for 
 disobedience to the order. But the party against whom the 
 appUcation for an attachment is made may show in answer to the 
 application that he has had no notice or knowledge of the order. 
 
 [364] 
 
 [365] 
 
 [366] 
 
 [367] 
 
 23. A sohcitor, upon whom an order against any party for 
 interrogatories or discovery or inspection is served under the last 
 preceding Eule, who neglects without reasonable excuse to give 
 notice thereof to his chent, shall be hable to attachment. 
 
 24. Any party may, at the trial of a cause, matter, or issue, 
 use in evidence any one or more of the answers or any part of an 
 answer of the opposite party to interrogatories without putting in 
 the others or the whole of such answer : Provided always, that 
 ui such case the Vice-Chancellor may look at the whole of the 
 answers, and if he shall be of opinion that any others of them 
 are so connected with those put m that the last-mentioned 
 answers ought not to be used without them, he may direct them 
 to be put in. 
 
 25. In every cause, or matter, the costs of discovery by inter- 
 rogatories shaU, unless otherwise ordered by the Court or Vice- 
 ChanceUor, be seom-ed in the first instance, as provided by 
 Eule 26 of this Order, by the party administering such inter- 
 rogatories, and shall be allowed as part of his costs where, and 
 only where, such interrogatories shaU appear to the Vice-Chan- 
 eeUor at the trial, or, if there be no trial, to the Court or Vice- 
 Chancellor, or shall appear to the taxing officer, to have been 
 reasonably administered. 
 
59 
 
 26. Any party seeking discovery by iaterrogatories shall, before jy^^oZtj^' 
 delivery of interrogatories, pay into the Bank hereinafter "»8pi=°'io"i- 
 mentioned to an account in the name of the Eegistrar to be 
 
 called " Secmrity for Costs Account," to abide further order, 
 the sum of 51., and, if the number of folios exceeds five the 
 further sum of 10s. for every additional foHo. The party ad- 
 ministeriag interrogatories shall, with his iaterrogatories, serve 
 a copy of the receipt for the said payment into the said Bank, 
 and the time for answering shaU in all cases commence from 
 the date of such service. The party from whom an answer is 
 required shall not be required to answer unless and until the said [3681 
 payment has been made. The Eegistrar shall keep proper books 
 of account relating to the said account showing the amount 
 standing to the credit thereof in respect of each cause or matter. 
 The said books shall be audited by the Vice -Chancellor at such 
 times as he shall direct. Such Bank shall be — 
 
 (a.) For the Preston District, the Bank of the Lancaster 
 Banking Company at Preston. 
 
 {b.) For the Liverpool District, the Bank of the Manchester 
 and Liverpool District Banking Company Limited at 
 Liverpool. 
 
 (c.) For the Manchester District, the Bank of the Manchester 
 and Liverpool District Banking Company Limited at 
 Manchester, King Street Branch. 
 
 27. Unless the Court or Vice- Chancellor shall at or before the 
 trial otherwise order, the amoimt standing to the credit of the 
 " Security for Costs Account " in any cause or matter, shall after 
 the cause or matter has been finally disposd of be paid out to the 
 party by whom the same was paid in on his request, or to his 
 soUcitor on such party's written authority, m the event of the [3691 
 costs of the cause or ma+ter being adjudged to him, but, in the 
 
 event of the Court or Vice-Chancellor ordering him to pay the 
 costs of the cause or matter, the amount shall, without any 
 further order, be transferred by the Piegistrar into Court to the 
 credit of the cause or matter, and shall be subject to a lien for the 
 costs ordered to be paid to any other party. 
 
60 
 
 Order XXIX. 
 Discovery and 
 inspection. 
 
 [370] 
 
 28. In any action against or by a sheriff in respect of any 
 matters connected with the execution of his of&ce, the Court or 
 Vice- Chancellor may, on the apphcation of either party, order 
 that the affidavit to be made in answer either to interrogatories 
 or to an order for discovery shall be made by the officer actually 
 concerned. 
 
 Order XXX. 
 
 AdmisBious. 
 
 [371] 
 
 [372] 
 
 [373] 
 
 [374] 
 
 OEDEE XXX. 
 
 Admissions. 
 
 1. Any party to a cause or matter may give notice, by his 
 pleading, or otherwise in writing, that he admits the truth of the 
 whole or any part of the case of any other party. 
 
 2. Either party may call upon the other party to admit any 
 document, saving all just exceptions ; and in case of refusal or 
 neglect to admit, after such notice, the costs of proving any sucli 
 document shall be paid by the party so neglecting or refusing, 
 whatever the result of the cause or matter may be, unless at the 
 trial or hearing the Court or Vice-Chancellor shall certify thai 
 the refusal to admit was reasonable ; and no costs of proving anj 
 document shall be allowed unless such notice be given, excepi 
 where the omission to give the notice is, in the opinion of th( 
 taxing officer, a saving of expense. 
 
 3. A notice to admit documents shaU be in the Form No. S 
 in Appendix B, with such variations as circumstances mai 
 require. 
 
 4. Any party may, by notice m writing, at any time not late; 
 than 9 days before the day for which notice of trial has beei 
 given, call on any other party to admit, for the purposes of th 
 cause, matter, or issue only, any specific fact or facts mentionej 
 in suc h notice. And in case of refusal or neglect to admit thi 
 same within 6 days after service of such notice, or within sue] 
 further time as may be allowed by the Court or Vice-ChanceUoi 
 the costs of proving such fact or facts shall be paid by the part 
 
61 
 
 so neglecting or refusing, whatever the result of the cause, matter, AaSSdons^^" 
 
 or issue may be, unless at the trial or hearing the Court or Vice- 
 
 ChanceUor certify that the refusal to admit was reasonable, or 
 
 unless the Court or Vice- Chancellor shall at any time otherwise 
 
 order or direct. Provided that any admission made ia pursuance 
 
 of such notice is to be deemed to be made only for the purposes 
 
 of the particular cause, matter, or issue, and not as an admission 
 
 to be used against the party on any other occasion or in favour 
 
 of any person other than the party giving the notice : provided 
 
 also, that the Court or Vice-Chancellor may at any time allow 
 
 any party to amend or withdraw any admission so made on such 
 
 terms as may be just. 
 
 5. A notice to admit facts shall be in the Form No. 10 in 
 Appendix B., and admissions of facts shall be m the Form No. 11 [376] 
 in Appendix B., with such variations as circumstances may 
 require. 
 
 6. Any party may at any stage of a cause or matter, where 
 admissions of fact have been made, eithei on the pleadings, or 
 otherwise, apply to the Court or Vice-Chancellor for such judg- 
 ment or order as upon such admissions he may be entitled to, [376] 
 without waiting for the determination of any other question be- 
 tween the parties ; and the Court or Vice-Chancellor may upon 
 
 such application make such order, or give such judgment, as the 
 Court or Vice-Chancellor may think just. 
 
 7. An affidavit of the soHcitor or his clerk, of the due signature 
 
 of any admissions made in pursuance of any notice to admit [377] 
 documents or facts, shall be sufficient evidence of such admissions, 
 if evidence thereof be required. 
 
 8. Notice to produce documents shall be in the Form No. 12 
 in Appendix B., with such variations as circumstances may re- 
 quire. An affidavit of the soHcitor, or his clerk, of the service of rQ^g-] 
 any notice to produce, and of the time when it was served, with 
 
 a copy of the notice to produce, shall in all cases be sufficient 
 evidence of the service of the notice, and of the time when it was 
 served. 
 
62 
 
 Order XXX. g jf g, notice to admit or produce comprises documents which 
 [379] ^^® ^°^ necessary, the costs occasioned thereby shall be borne by 
 the party giving such notice. 
 
 Order XXXI. OEDEE XXXI. 
 
 Issues, Inquibies and Accounts. 
 
 Issues, Inquiries, 
 and Accounts. 
 
 1. Where in any cause or matter it appears to the Court or 
 
 Vice- Chancellor that the issues of fact ia dispute are not suffi- 
 
 [380] ciently defined, the parties may be directed to prepare issues, and 
 
 such issues shall, if the parties differ, be settled by the Court or 
 
 Vice -Chancellor or Eegistrar. 
 
 [381] 
 
 2. The Court or Vice-ChanceUor may, at any stage of the pro- 
 ceedings in a cause or matter, direct any necessary inquiries 
 or accounts to be made or taken, nothwithstanding that it may 
 appear that there is some special or further rehef sought for or 
 some special issue to be tried, as to which it may be proper that 
 the cause or matter should proceed in the ordinary manner. 
 
 3. The Court or Vice- Chancellor may, either by the judgment 
 or order directing an account to be taken or by any subsequent 
 order, give special directions with regard to the mode in which 
 the account is to be taken or vouched, and in particular may 
 
 [382] direct that in taking the account, the books of account in which 
 the accounts in question have been kept shall be taken as pnma 
 facie evidence of the truth of the matters therein contained, with 
 liberty to the parties interested to take such objections thereto as 
 they may be advised. 
 
 4. Where any account is directed to be taken, the accounting 
 party, unless the Court or Vice-Chancellor shall otherwise direct, 
 
 [383] shall make out his account and verify the same by affidavit. The 
 items on each side of the account shall be numbered consecutively 
 and the account shall be referred to by the affidavit as an exhibit 
 and be left in the Chambers of the Eegistrar. 
 
68 
 
 5. Any party seeking to charge any accounting party beyond is°nfa^^f^ea, 
 what he has by his account admitted to have received shall give ""* ^"""mta. 
 notice thereof to the accounting party, stating, so far as he is [384] 
 able, the amount sought to be charged and the particulars thereof 
 
 in a short and succinct mamier. 
 
 6. Every judgment or order for a general account of the per- 
 sonal estate of .a testator or intestate shall contain a direction for 
 
 an inquiry what parts (if any) of such personal estate are out- [385] 
 standing or undisposed of, unless the Court or Vice-Chancellor 
 shaU otherwise direct. 
 
 7. Where by any judgment or order any accomits are directed 
 to be taken or inquiries to be made, each such direction shall be 
 numbered so that, as far as may be, each distinct account and 
 inquiry may be designated by a number, and such judgment or 
 order shall be in the Form No. 25, m Appendix L., with such 
 variations as the circumstances of the case may require. 
 
 [386] 
 
 8. In taking any account directed by any judgment or order, 
 
 all just allowances shall be made without any direction for that L""'-! 
 purpose. 
 
 9. If it shall appear to the Court or Vice-ChanceUor on the 
 representation of the Eegistrar or otherwise, that there is any 
 undue delay in the prosecution of any accounts or inquiries, 
 or in any other proceedings under any judgment or order, the 
 Court or Vice-ChanceUor may require the party having the con- 
 duct of the proceedings, or any other party, to explain the delay, 
 and may thereupon make such order with regard to expediting 
 the proceedings or the conduct thereof, or the stay thereof, and 
 as to the costs of the proceedings, as the circumstances of the 
 case may require : and for the purposes aforesaid, any party, 
 or any solicitor of the Court appointed for that purpose may be 
 directed to summon the person whose attendance is required, and 
 to conduct any proceedings and carry out any directions which 
 may be given, and the costs of such solicitor appointed as afore- 
 said, shall be paid by such parties or out of such funds as the 
 Court or Vice-Chancellor may direct. 
 
 [388] 
 
64 
 
 Order xxxn. OEDEE XXXII. 
 
 1. Special case. 
 
 I. Special Case. 
 
 1. The parties to any cause or matter may concur in stating 
 the questions of law arising therein, in the form of a special case 
 for the opinion of the Court. Every such special case shaU be 
 divided into paragraphs numbered consecutively, and shall con- 
 cisely state such facts and documents as may be necessary to 
 enable the Court to decide the questions raised thereby. Upon 
 
 [ooo] the argument of such case the Court and the parties shall be at 
 liberty to refer to the whole contents of such documents, and 
 the Court shall be at liberty to draw from the facts and docu- 
 ments stated in any such special case any inference, whether 
 of fact or law, which might have been drawn therefrom if proved 
 at a trial. 
 
 2. If it appear to the Court or Vioe-Chancellor that there is 
 in any cause or matter a question of law which it would be con- 
 venient to have decided before any evidence is given, or any 
 question or issue of fact is tried, the Court or Vice-Chancellor 
 may make an order accordingly, and may direct such question of 
 law to be raised for the opinion of the Court, either by special 
 case or in such other manner as the Court or Vice- Chancellor 
 may deem expedient, and all such further proceedings as the de- 
 cision of such question of law may render unnecessary may 
 thereupon be stayed. 
 
 3. Every special case shall be printed by the plaintiff, and 
 signed by the several parties or their counsel or solicitors, and 
 
 [o"l] shall be filed by the plaintiff ; a printed copy for the use of the 
 Court shall be delivered by the plaintiff. 
 
 4. No special case in any cause or matter to which a married 
 woman (not being a party thereto in respect of her separate 
 property or of any separate right of action by or against her) 
 infant, or person of unsound mind not so found by inquisition ii 
 a party, shall be set down for argument without leave of th< 
 Court or Vice- Chancellor, the application for which must b< 
 
 [390] 
 
 [392] 
 
65 
 
 supported by sufficient evidence that the statements contained in i°|p^i^i^™" 
 such special case, so far as the same affect the interest of such 
 married woman, infant, or person of unsound mind, are true. 
 
 5. Either party may enter a special case for argument by 
 deUvering to the Eegistrar a memorandum of entry, in the 
 
 Form 'No. 18- in Appendix G, and also if any married woman, [393] 
 infant, or person of unsound mind not so fomid by inquisition 
 be a party to the cause or matter, producing a copy of the order 
 giving leave to enter the same for argument. 
 
 6. The parties to a special case may, if they think fit, enter 
 mto an "agreement in writmg, that, on the judgment of the 
 Court being given in the affirmative or negative of the questions 
 of law raised by the special case, a sum of money, fixed by the 
 parties, or to be ascertained by the Court, or in such mamier as rnna. 
 the Court may direct, shaU be paid by one of the parties to the '' 
 other of them, either with or without costs of the cause or 
 matter ; and the judgment of the Court may be obtained for the 
 
 sum so agreed or ascertained, with or without costs, as the case 
 may be, and execution may issue upon such judgment forthwith, 
 unless otherwise agreed, or unless stayed on appeal. 
 
 7. This order shall apply to every special case stated in a 
 
 cause or matter, or in any proceeding incidental thereto. [""Oj 
 
 8. Any special case may hereafter be stated, for the same 
 purposes and in the same manner as was provided by the Act raQfi' 
 13 & 14 Vict. c. 35, and the same shall be deemed to be a special 
 
 case stated in a matter within the meaning of this Order. 
 
 II. — Issues of Fact without Pleadings. withouT'""*"' 
 
 pleadings. 
 
 9. When the parties to a cause or matter are agreed as to the 
 questions of fact to be decided between them, they may, after 
 writ issued and before judgment, by consent and order of the 
 Court or , Vice- Chancellor, proceed to the trial of any such 
 questions of fact without formal pleadings ; and such questions 
 may be stated for trial in an issue in the Form No. 13, in 
 Appendix B, with such variations as circumstances may r.equire, 
 
 [397] 
 
66 
 
 iLtanes^faet ^^^ ^uch issue may be entered for trial and tried in the same 
 
 SoaSigs. manner as any issue joined in an ordinary action, and the 
 
 proceedings shall be under the control and jurisdiction of the 
 
 Court or Vice-ChanceUor, in the same way as any proceedings 
 
 in the cause or matter. 
 
 10. The Court or Vice-Chancellor may by consent of the parties 
 order that, upon the finding in the affirmative or negative of 
 such issue as in the last preceding Eule mentioned, a sum of 
 
 LoyoJ money, fixed by the parties, or to be ascertained upon a question 
 inserted in the issue for that purpose, shall be paid by one of the 
 parties to the other of them either with or without the costs of 
 the cause or matter. 
 
 11. Upon the finding on any such issue, as in Eule 9 men- 
 tioned, judgment may be delivered for the sum so agreed or ascer- 
 tained as aforesaid, -with or without costs, as the case may be, 
 
 [399] and execution may issue upon such judgment forthvrith, unless 
 •otherwise agreed, or unless the Court or Vice- Chancellor shall 
 otherwise order for the purpose of giving either party an oppor- 
 tunity for moving to set aside the finding or for a new trial. 
 
 12. The proceedings upon such issue, as in Eule 9 mentioned, 
 r400l ^^y ^^ recorded at the instance of either party, and the judg- 
 ment, whether actually recorded or not, shall have the same 
 effect as any other judgment in a contested action. 
 
 Irial. ^^ OEDEE XXXIII. 
 
 Trial. 
 
 1. The existing powers of the Vice-Chancellor, and the practice 
 as to the hearing of causes or matters before him with his leave 
 when he is out of the limits of the jurisdiction of the Court, and 
 by consent of the parties interested, are not hereby affected, and 
 the same are extended to proceedings under these Eules ; and for 
 these purposes the trial and hearing of an action before the Vice- 
 Chancellor are to be considered equivalent to the bearing of a 
 cause before him. 
 
67 
 
 I. — Place of Trial. Order xxxni. 
 
 Triftl. 
 
 2. Th# place of trial shall be as follows : As respects all 
 actions proceeding in the Manchester District Eegistry at Man- 
 chester, and as respects all actions proceeding in the Liverpool 
 District Eegistry at Liverpool, and as respects all actions pro- 
 ceeding in the Preston District Eegistry at either Manchester or 
 Liverpool, unless in any case the Vice-Chancellor shall direct the 
 trial to be had at some other place withm the jurisdiction, and 
 in any such case, the action shall be tried at the place so 
 directed by the Vice-Chancellor. 
 
 II.— Mode of Tria,l. 
 
 3. Actions shall be tried and heard before the Vice -Chancellor, 
 except where under the provisions of these Eules the same shall 
 be tried and heard before the Vice- Chancellor and a jury, or 
 where tHe same shall be heard before the Vice-Chancellor and 
 assessors. Trials before the Vice-Chancellor and assessors 
 shall take place in such manner and upon such terms as the 
 Court or Vice-Chancellor shall direct. 
 
 4. At any time after notice of trial shall have been given 
 under these Eules, either party, upon giving notice to the 
 other party within four days from the service of the notice 
 of trial, or within such extended time as the Court or Vice- 
 Chancellor may aUow, may apply to the Court or Vice-ChanceUor 
 for an order to the effect that the issues of fact may be tried 
 before the Vice-ChanceUor and a jury. And' upon hearing any 
 such apphcation, the Court or Vice-Chancellor shall give such 
 directions as to the mode of the trial as shall appear to be best 
 calculated to advance the ends of justice. 
 
 5. The Court or Vice-ChanceUor may, if it shall appear either 
 before or at the trial that any issue of fact can be more 
 conveniently tried before a jury, direct that such issue shall be 
 tried by the Vice-Chancellor with a jury. 
 
 6. Subject to the provisions of these Eules, the Court or [432] 
 Vice-Chancellor may, in any cause or matter, at any time or 
 
 E 2 
 
68 
 
 Mai™ ^^^'^'' from time to time, order that different questions of fact arising 
 therein be tried by different modes of trial, or that one or 
 more questions of fact be tried before the others, and may appoint 
 the places for such trials, and in all cases may order that one 
 or more issues of fact be tried before any other or others. 
 
 III. — Notice and Entry of Trial. 
 
 1. Notice of trial may be given in any cause or matter by the 
 
 plaintiff or other party in the position of plaintiff. Such notice 
 
 [435] ™^y ^^ given with the reply (if any) whether it closes the 
 
 pleadings or not, or at any time after the issues of fact are ready 
 
 for trial. 
 
 8. If the plaintiff does not within six weeks after the close of 
 the pleadings, or within such extended time as the Court or 
 Vice -Chancellor may allow, give notice of trial, the defendant 
 may, before notice of trial given by the plaintiff, give notice of 
 
 [436] ^^^^, or may apply, to the Court or Vice- Chancellor to dismiss 
 the action for want of prosecution : and on the hearing of such 
 application, the Court or Vice-ChanoeUor may order the action 
 to be dismissed accordingly, or make such other order, and on 
 such terms, as to the Court or Vice- Chancellor may seem just. 
 
 9. Notice of trial shall state whether it is for the trial of the 
 cause or matter or issues therein. It shall be in the Form 
 No. 14 in Appendix B., with such variations as circumstances 
 may require. 
 
 [437 
 
 [438] 
 
 10. Ten days' notice of trial shall be given, unless the party 
 to whom it is given has consented, or is under terms or has been 
 ordered to take short notice of trial ; and shall be sufficient in 
 in all cases, unless otherwise ordered by the Court or Vice- 
 ChanceUor. Short notice of trial shall be four days' notice, 
 unless otherwise ordered. 
 
 11. Notice of trial shall be given before entering the trial : 
 [439] and the trial may be entered notwithstanding that the pleadings 
 ai-e not closed provided that notice of trial has been given. 
 
69 
 
 12. Unless within six days after notice of trial is given the ""'iriS^^^"- 
 
 17. If a trial be entered by both parties, it shall be tried in 
 the order of the plaintiff's entry, and the defendant's entry shall 
 be vacated. 
 
 [440] 
 
 trial shall be entered by one party or the other, the notice of 
 trial shall be no longer in force. 
 
 13. No notice of trial shall be countermanded except by 
 consent, or by leave of the Court or Vice-Chancelor, which [443] 
 leave may be given subject to such terms as to costs or otherwise, 
 
 as may be just. 
 
 14. If the party giving notice of trial omits to enter the trial 
 
 on the day or day after giraig notice of trial, the party to whom [444] 
 notice has been given may, unless the notice has been counter- 
 manded mider the last preceding Eule, within four days enter 
 the trial. 
 
 16. When any cause or matter shall have been adjourned for 
 further consideration, the same may, after the expiration of 
 eight days, and within fourteen days from the filmg of the 
 Eegistrar's report, be set down by the Eegistrar for further 
 consideration, on the written request of the solicitor for the 
 plaintiff or party having the conduct of the proceedings, and 
 after the expiration of such fourteen days the cause or matter r^JS] 
 may be set down by the Eegistrar on the VTritten request of 
 the sohcitor for the plaintiff or for any other party. Notice 
 thereof shall be given to the other parties in the action at least 
 six days before the day for which the same may be so set down 
 for hearing. Such notice may be in the Form No. 26 in 
 Appendix L. 
 
 16. When a trial which has been entered has been postponed 
 or withdra'svii under Order XXV., Eule 2, or settled, the party 
 who made the entry shall immediately thereupon give notice 
 thereof to the Eegistrar, and such entry shall be expunged from 
 the Hst. 
 
 [449] 
 
 [452] 
 
 IV. — Papers for tJie Vic«-OJumcellor. 
 18. The party entering the trial shall deliver to the Kegis- [454] 
 
70 
 
 ^order xxxin. ^j.g^y. ^^0 copies of the whole of the pleadmgs, one of which 
 shaU be for the use of the Vice-Chancellor. Such copies shall 
 be ill print, except as to such parts, (if any), of the documents 
 as are by these Eules permitted to be written. 
 
 V. — Proceedings at Trial. 
 
 19. If, when a trial is called on, the plaintiff appears, and 
 [455] the defendant does not appear, the plaintiff may prove his claim, 
 
 so far as the burden of proof lies upon him. 
 
 20. If, when a trial is called on, the defendant appears, and 
 the plaintiff does not appear, the defendant, if he has no counter- 
 
 [466] claim, shall be entitled to judgment dismissing the action, but if 
 he has a counter-claim, then he may prove such counter-claim ^ 
 so far as the burden of proof lies upon him. 
 
 21. Any verdict or judgment obtained where one party does 
 [457] ^°^ appear at the trial may be set aside by the Court or Vice- 
 
 ChanceUor upon such terms as may seem fit, upon an application 
 made within 6 days after the trial, or at next sitting of the Court. 
 
 22. The Vice-Chancellor may, if he think it expedient for the 
 interests of justice, postpone or adjourn a trial for such time, 
 and to such place, and upon such terms, if any, as he shall 
 think fit. 
 
 23. Upon a trial with witnesses, before the Court or Vice- 
 Chancellor, whether with or without a jury, the addresses to the 
 Court or jury shall be regulated as follows : the party who 
 begins, or his counsel, shall be allowed at the close of his case, if 
 
 [460] his opponent does not announce any intention to adduce evidence, 
 to address the Court or jury a second time for the purpose of 
 summing up the evidence, and the opposite party, or his counsel, 
 shall be allowed to open his case, and also to sum up the evidence, 
 if any, and the right to reply shall be the same as heretofore. 
 
 24. The Court or Vice-Chancellor may in aU cases disallow 
 [462] any questions put in cross-examination of any party or other 
 
 witness which may appear to him to be vexatious, and not relevant 
 to any matter proper to be inquired into in the cause or matter. 
 
 [468] 
 
[464] 
 
 [466] 
 
 7L 
 
 25. The Registrar, or other proper officer present at any ^^ti^"^^^^^^' 
 hearing or trial, shall make a note of the times at which such 
 hearing or trial shall commence and terminate respectively, on 
 each day on which the same shaU take place, for the purposes of 
 taxation or otherwise. 
 
 26. Upon every trial the Registrar shall enter aU such 
 findings of fact as the Court or Vice-ChanceUor may direct 
 to be entered ; and the direoiions, if any, of the Court or Vice- 
 Chancellor as to judgment, and the certificates, if any, granted 
 by the Court or Vice- Chancellor, in a book to be kept for that 
 purpose. 
 
 VI. — Proceedings under Statute relating to Trial by Jxiry. 
 
 27. Any question of fact, or any question as to the amount of 
 damages, which shall in any cause or matter be directed by any 
 order to be tried by a jury before the Court itself, or before the 
 Court itself without a jury, shall be reduced into writing, and the 
 same shall be copied on parchment by the plaintiff or such person 
 as the Court shall direct, or by the solicitor for such plaintiff or 
 person, and shall be caUed the "Record for Trial;" and the 
 same shaU be filed with the Registrar within three days 
 after such order shall have been passed and entered ; and within 
 three days after such filing the same shall be entered and set 
 down for trial by the Registrar, and may be tried at the 
 sitting of the Court within the County Palatine, which shall be 
 held next after the expiration of fifteen days after such question 
 shall have been set down for trial. 
 
 28. Where the Court shall order such question or questions to 
 be tried by a special jury, a direction to that effect shall be con- 
 tained in the order directing such trial. 
 
 29. Where such trial is to take place by a common jury before 
 the Court itself, the plaintiff or such person as aforesaid, ten days 
 at the least before the day fixed for such trial, shall obtaini on 
 
 SotieajQlcQurse, aiid_serveon_ the Sheriff, or, if he is interested 
 in the matter in question, then upon the Coroner, an order for 
 such Sheriff or Coroner to summon a common jury for such trial. 
 
Order XXXIU. 
 Trial. 
 
 72 
 
 30. Where the Court shall have specially directed such question 
 or questions to be tried by a special jury, the plaintiff or such 
 other person as aforesaid shall, ten days at the least before the 
 day fixed for such trial, obtam on motion of course, and serve on 
 the Sheriff or Coroner as aforesaid, and on the opposite party, an 
 order for a special jury, and the expense of such special jury 
 shall in the first instance be borne and paid by the plaintiff or 
 such other person as aforesaid, but shall afterwards be paid and 
 borne as the Court shall direct. 
 
 31. Where the Court shall not have specially directed such 
 question or questions to be tried by special jury, either party 
 shall be at Uberty, fourteen days at the least before the day fixed 
 for such trial, to obtain on motion of course an order for a 
 special jury, and shall serve the same on the opposite party and 
 on the Sheriff or Coroner ten days at the least before the day 
 fixed for such trial ; and the expense of such special jury shall 
 in the first mstance be borne by the party obtaining the same ; 
 but if the Court upon such trial shall be of opmion that it was 
 proper that such trial should be had by a special jury, the Court 
 may give such directions as to the costs thereof as it shall think fit. 
 
 32. Where an order shaU have been made for a special jury, 
 such Sheriff or Coroner shall, in addition to the special jury, 
 summon twelve common jurymen for such trial, in order that, m 
 the event of a sufficient number of special jurors not being m 
 attendance to make a jury, a tales may be directed by the Court 
 or prayed for by either party, as hereinafter provided. 
 
 83. The order for any such common or special jury as aforesaid 
 shall be returned by such Sheriff or Coroner to the Solicitor or 
 person who shall have lodged the same, together with his return 
 and the jury panel ; and such order and jury panel shall, two 
 days at the least before the day of trial, be left with the Registrar 
 to be annexed to the record for trial. 
 
 34. Where the trial shall have been specially directed by the 
 Court to be by a special jury, then in the event of there not being 
 a sufficient number of special jurymen in attendance to make 
 
73 
 
 such jury, it shall be in the discretion of the Court whether or ^Oj*^ xxxra. 
 not to have such jury made up from the common jurymen in 
 attendance. 
 
 35. Where a special jury shall have been summoned at the 
 instance of either party -without the special direction of the Court, 
 then, in the event of a sufBcient number of special jurymen not 
 being in attendance to make such jury, the same shall, unless the 
 Court shall otherwise direct, be made up from the common jury- 
 men in attendance, on the application of either party. 
 
 36. Either party shall be at hberty to apply by motion to the 
 Court for a view by the jury summoned for any trial ; and on the 
 hearing of such apphcation each party shall name a shower for 
 suoii view. 
 
 87. The motion for a view, and the order to be made thereon, 
 shall state the place at which the view is to be made, and the 
 distance thereof from the office of the Under- Sheriff. And the 
 sum to be deposited in the hands of the Under-Sheriff shall be 
 dElO in case of a common jury, and £16 in case of a special jury, 
 if such distance shall not exceed five miles, and £15 in case of a 
 common jury, and £21 in case of a special jury, if it shall be 
 above five miles ; and if such sum shall be more than sufiicient 
 to pay the expenses of the view, the surplus shall forthwith be 
 returned to the sohcitor or party who obtained the view ; and if 
 such sum shall not be sufiicient to pay such expenses, the defi- 
 ciency shall forthwith be paid by such solicitor or party to the 
 Under-Sheriff. And the Under-Sheriff shall pay and account 
 for the money so deposited according to the scale foUowuig, that 
 that is to say : — 
 
 For travelling expenses to the Under-Sheriff, 
 
 showers, and jurymen, expenses already paid, 
 
 if reasonable. 
 Pee to the Under-Sheriff when the distance does 
 
 not exceed five mUes from his office . .£110 
 Where such distance exceeds five miles . .220 
 
74 
 
 T°iS" ^^^^' And in case he shall be necessarily absent more 
 than one day, then for each day after the first, 
 a further fee of . . . • • .£110 
 Fee to each of the showers, the same as the Under- 
 Sheriff, calculatmg the distance from their re- 
 spective places of abode. 
 Pee to common jurymen, per diem . . .050 
 For each special juryman, per diem . . .110 
 Allowance for refreshment to the Under- Sheriff, 
 showers, and jurymen, whether common or 
 special, each per diem . , . . .050 
 To the baiUff, for summoning each juryman whose 
 residence shall not be more than five miles dis- 
 tant from the office of the Under- Sheriff . .020 
 And to the bailiff, for summoning each juryman 
 whose residence does exceed five miles of such 
 distance 5 
 
 38. The mode and practice of proceeding to nominate and 
 reduce a special jury, and the proceedings after any order for a 
 view shall have been made as aforesaid, shall be the same in all 
 respects as are now, or for the time being shall be, in force in the 
 High Court of Justice, when a special jury is ordered to be struck 
 or a view is to be had, or as near thereto as the practice of the 
 Court will admit. 
 
 39. Where the Court^shall award damages, and direct a trial 
 as to the amount of such damages before the Court itself, either 
 with or without a jury, or direct a writ of inquiry of damages as 
 hereinafter provided for, or an inquiry as to the amount of 
 damages in any other manner, the defendant or other the person 
 against whom damages shall have been awarded may, with the 
 sanction of the Eegistrar, pay into Court a sum of money 
 in respect of such damages, and forthwith give notice thereof to 
 the plaintiff or person seeldng such damages ; and, in the event 
 of a larger sum for damages not being awarded than the amount 
 so paid into Court, the plaintiff or person seeking such damages 
 
75 
 
 shall pay the costs of such trial, or writ of inquiry, or inquiry in T°f;J"^^^™' 
 any such other manner as aforesaid, unless the Court shall other- 
 wise direct. 
 
 40. On the daj- appointed for any trial, and previously to the 
 commencement thereof, a copy of the record for trial, with the 
 return and jm-y panel (if any) amiexed thereto, shall be left with 
 the Eegistrar for the Vice-Chancellor by the person at whose 
 instance the same may have been entered for trial. 
 
 41. The jurors shall be called, and the oath administered to 
 them, by the Eegistrar. The witnesses shall be caUed by the 
 Usher of the Court ; and the oath (or affirmation or declaration 
 as the case may be) shall be administered by the Eegistrar to 
 the witnesses. 
 
 42. Where the jury retire from the Court to consider their 
 verdict, they shall be taken charge of by the Usher of the Court. 
 
 43. The verdict or finding of the jury, or of the Court, as 
 the case may be, shall be indorsed by the Eegistrar on the 
 Eecord for Trial, and shall be signed by him, and filed in his 
 office, and if the trial shall have been by a jury, then with the 
 jury panel and the names of the jurors who were sworn indorsed 
 thereon. 
 
 44. Every application for a new trial shall be by notice of 
 motion. The notice shall state the grounds of the application, [563] 
 and whether all or part only of the verdict or findings is 
 complained of. 
 
 45. The notice of motion shall be an eight days' notice, and 
 shall be given for not later than the sittings of the Court within 
 the County Palatine next after the sittings at which such trial 
 shall have been had. 
 
 [554] 
 
 46. The notice may be amended at any time by leave of the 
 
 Court or Vice-Chancellor, on such terms as the Court or Vice- [565] 
 Chancellor may think just. 
 
 47. A new trial shall not be granted on the ground of mis- [556] 
 direction or of the improper admission or rejection of evidence. 
 
76 
 
 Tri'^" ^■'^■^™' unless in tlie opinion of the Vice- Chancellor some substantial 
 wrong or miscarriage has been thereby occasioned in the trial ; 
 and if it appear to the Vice- Chancellor that such wrong or mis- 
 carriage affects part only of the matter in controversy, or some 
 or one only of the parties, the Vice -Chancellor may give final 
 judgment as to part thereof, or some or one only of the parties, 
 and direct a new trial as to the other part only or as to the other 
 party or parties. 
 
 48. A new trial may be ordered on any question, whatever be 
 [557] the grounds for the new trial, without interfering with the 
 
 finding or decisiori upon any other question. 
 
 49. Where the Court shall award damages to any person, and 
 shaU order the amount of such damages to be assessed by a jury 
 at the assizes, or before the Sheriff, the person to whom such 
 damages shall be awarded shall be at liberty to sue out, at the 
 Chancery Office, a writ of inquiry of damages. 
 
 50. The rules now in force in the High Court of Justice 
 relative to notices of inquiry shall be apphcable to notices of 
 inquiry under any writ of inquiry to be issued by virtue of the 
 last preceding rule. 
 
 51. The writ of inquiry, with the return thereto, shall, within 
 ten days after such return, be filed at the Chancery office. 
 
 52. Any application to set aside the verdict or inquisition on 
 any such writ of inquiry, and to direct a new inquiry, shaU be 
 made at or before the first sitting of the Court, whether within 
 or without the County Palatine, which shall be eld after the 
 expiration of seven days from the filing thereof. 
 
 53. Either party shall be at liberty to sue out, at the Chancery 
 office, subpmnas ad testificandum and subpcenas duces tecum, to 
 compel the attendance of witnesses on any trial. 
 
 54. The forms of proceedings under the 27th and twenty-six 
 following rules of this order, shall be the same mutatis mutandis 
 as those in use in the High Court of Justice for the same 
 purposes, with such altera,tions as the circumstances of the case 
 
[482] 
 
 77 
 
 may render necessary ; and any variance therefrom, not being a t°|'^," ^^^™^' 
 matter of substance, shall not affect their validity or regularity. 
 
 55. Where damages are to be assessed in respect of any con- 
 tinuing cause of action, they shall be assessed dowir to the time 
 of the assessment. 
 
 56. It shall be lawful for the Court, in such way as it may 
 think fit, to obtain the assistance of assessors, accountants, 
 merchants, engineers, actuaries, or other persons, the better to 
 enable it to determine any matter at issue in any cause or 
 matter, and to act upon the certificate or advice of such persons. 
 
 OEDEE XXXIV. Order XXXIV. 
 
 Evidence 
 generally. 
 
 I. EvTDENCE Generally. 
 
 1. In the absence of any agreement in vpriting between the 
 solicitors of aH parties, and subject to these Eules, the vsdtnesses 
 at the trial of any action or at any assessment of damages shall 
 be examined viva voce and in open court, but the Court or Vice- 
 ChanceUor may at any time for sufficient reason order that any 
 particular fact or facts may be proved by affidavit, or that the 
 afiBdavit of any witness may be read at the hearing or trial, on 
 
 such conditions as the Court or Vice-ChanceUor may think rea- L^Oo] 
 sonable, or that any witness whose attendance m Court ought 
 for some sufficient cause to be dispensed with be examined by 
 interrogatories or otherwise before a commissioner or examiner ; 
 provided that, where it appears to the Court or Vice- Chancellor 
 that the other party, bona fide, desires the production of a witness 
 for cross-examination, and that such vwtness can be produced, an 
 order shall not be made authorising the evidence of such witness 
 to be given by affidavit. 
 
 2. Judgments or ordeis in other Courts may be read upon the 
 hearing, without an order. But no depositions taken in any other 
 Court shall be read, unless by order of the Court or Vice-Chan- 
 cellof. 
 
78 
 
 Order XXXIV. 3_ ^^ order to read evidence taken in another cause or matter 
 
 Siviaence 
 
 genmaur. shail not be necessary, but such evidence may, saving all just 
 
 exceptions, be read on ex parte applications by leave of the Court 
 [485] or Vice-ChanceUor, to be obtained at the time of making any 
 such application, and in any other case upon the party desiring 
 to use such evidence giving two days previous notice to the other 
 parties of his intention to read such evidence. 
 
 4. Office copies of all vyrits, records, pleadings, and documents 
 filed in the Court, shall be admissible in evidence m aU causes 
 and matters and between aU persons or parties, to the same 
 extent as the original would be admissible. 
 
 [486] 
 
 [488] 
 
 II. Examination of Witnesses. 
 
 5. The Court or Vice-ChanceUor may, in any cause or matter 
 where it shall appear necessary for the purposes of justice, make 
 any order for the examination upon oath before the Court or 
 
 r487l Vice-Chancellor or Registrar or any other person, and at any 
 place, of any witness or person, and may empower any party 
 to any such cause or matter to give such deposition in evidence 
 therein on such terms, if any, as the Court or Vice- Chancellor 
 may direct. 
 
 6. An order for a commission to examine witnesses shall be in 
 the Form No. 21 or 22, in Appendix K, and the writ of com- 
 mission shall be in the Form No. 8, in Appendix J, with such 
 variations as circumstances may require. 
 
 7. The Court or Vice-ChanceUor may, in any cause or matter 
 at any stage of the proceedings, order the attendance of any 
 person for the purpose of producing any writings- or other docu- 
 
 . __ ments named in the order which the Court or Vice-'ChanceUor 
 may think fit to be produced : Provided that no persoii shaU be 
 compeUed to produce under any such order, any writing or other 
 document which he could not be compeUed to produce at the 
 hearing or trial. 
 
 8. Any person wilfuUy disobeying any orders/requiring bis 
 [490] attendance for the purpose of being examined)?^ producing any 
 
[491] 
 
 [492] 
 
 79 
 
 document shall be deemed guilty of contempt of Court, and may B°id"o^^^^^' 
 be dealt with accordingly. generauy. 
 
 9. Any person required to attend for the purpose of being 
 examined or of producing any document, shall be entitled to the 
 like conduct money and payment for expenses and loss of time 
 as upon attendance at a trial in Court. 
 
 10. Where any witness or person is ordered to be examined 
 before the Registrar, or before any person appointed for the 
 purpose, the person taking the examination shaU be furnished 
 by the party on whose appHcation the order was made with a 
 copy of the writ and pleadings, if any, or with a copy of the 
 documents necessary to inform the person taking the examination 
 of the question at issue between the parties. 
 
 11. The examination shaU take place in the presence of the 
 parties, their counsel, solicitors, or agents, and the witnesses [493] 
 shall be subject to cross-examination and re-examination. 
 
 12. The depositions taken under any such order before the 
 Eegistrar, or before any other person appointed to take the 
 examination, shaU be taken down in writing by or in the presence 
 of the Eegistrar or Examiner, not ordinarily by question and 
 answer, but so as to represent as nearly as may be the statement 
 of the witness, and when completed shall be read over to the 
 witness and signed by hitn in the presence of the parties, or such 
 of them as may think fit to attend. If the witness shaU refuse 
 
 to sign the depositions, the Registrar or Examiner shall [494] 
 sign the same. The Eegistrar or Examiner may put down 
 any particular question or answer if there should appear any 
 special reason for doing so, and may put any question to the 
 witness as to the meaning of any answer, or as to any matter 
 arising in the course of the examination. Any questions which 
 may be objected to shall be taken down by the Eegistrar or 
 Examiner in the depositions, and he shall state his opinion 
 thereon to the counsel, solicitors, or parties, and shall refer to 
 such statement in the depositions, but he shall not have power 
 to decide upon the materiality or relevancy of any question. 
 
80 
 
 B^denM^^^'' IS- If any person duly summoned by subpoena to attend for 
 generally. examination shall refuse to attend, or if, having attended, he 
 
 shall refuse to be sworn or to answer any lawful question, a 
 certificate of such refusal, signed by the Registrar or Examiner, 
 [4951 ^^^^^ ^® ^^®^ ** ^^^ Chancery Office, and thereupon the 
 party requiring the attendance of the witness may apply to the 
 Court or Vice-Chancellor, ex parte or on notice, for an order 
 directing the witness to attend, or to be sworn, or to answer any 
 question, as the case may be. 
 
 14. If any witness shall object to any question which may be 
 put to him before the Registrar or Examiner, the question so 
 put, and the objection of the witness thereto, shall be taken 
 
 [496] down by the Registrar or Examiner, and deposited by him in, or 
 transmitted by him to, the Chancery Office, to be there filed, and 
 the validity of the objection shall be decided by the Court or Vice- 
 Chancellor. 
 
 15. In any case under the two last preceding Rules, the Court 
 [497] or Vice-ChanceUor shall have power to order the witness to pay 
 
 any costs occasioned by his refusal or objection. 
 
 16. When .the examination of witnesses before the Regis- 
 trar or before any such examiner shall have been concluded, 
 the original depositions, authenticated by the signatm-e of the 
 Registrar or such Examiner, shall be deposited by him in, or 
 transmitted by him to, the Chancery Office, to be there filed, and 
 any party to the suit may have a copy thereof, or of any part or 
 portion thereof, upon payment for the same in such mamier as 
 shall be provided by any General Order in that behalf. 
 
 17. The person taking the examination of a witness under these 
 rules may, and if need be shall, make a special report to the 
 Court touching such examination and the conduct or absence of 
 any witness or other person thereon, and the Court or Vice- 
 Chancellor may direct such proceedings and make such order 
 upon the report as to the Court or Vice-Chancellor may seem 
 just. 
 
81 
 
 18. Except where by this Order otherwise provided, or directed E°idmM^^^' 
 by the Court or Vice- Chancellor, no deposition shall be given in e™*""?- 
 evidence at the hearing or trial of the cause or matter without 
 the consent of the party agaiast whom the same may be offered, 
 unless the Court or Vice-Chancellor is satisfied that the deponent 
 is dead, or beyond the jurisdiction of the Court, or unable from 
 sickness or other infirmity to attend the hearing or trial, in any 
 of which cases the depositions certified under the hand of the 
 person taking the esamuiation shall be admissible in evidence 
 saving all just exceptions without proof of the signature to such 
 certificate. 
 
 [500] 
 
 [501] 
 
 19. The Eegistrar, or other person directed to take the ex- 
 amination of any witness or person, may administer oaths. 
 
 20. Any party ia any cause or matter may by svhpcena ad testi- 
 ficandum or duces tecum require the attendance of any witness 
 for examination before the Eegistrar, or other person appointed to 
 
 take the examination, for the purpose of using his evidence upon [00.«] 
 any proceeding in the cause or matter in like manner as such wit- 
 ness would be bound to attend and be examined at the hearing 
 or trial. 
 
 21. Evidence taken subsequently to the hearing or trial of any 
 
 cause or matter shall be taken as nearly as may be in the same [503] 
 manner as evidence taken at or with a view to a trial. 
 
 [504] 
 
 22. The practice with reference to the examination, cross- 
 examination, and re-examination of witnesses at a trial shall ex- 
 tend and be applicable to evidence taken in any cause or matter 
 at any stage. 
 
 23. The practice of the Court with respect to evidence at a 
 
 trial, when apphed to evidence to be taken before a Eegistrar [505] 
 or other person in any cause or matter after the hearing or 
 trial, shall be subject to any 'special directions which may be 
 given in any case. 
 
 24. No affidavit or deposition filed or made before issue joined 
 in any cause or matter shall without special leave of the Court or 
 
 [506] 
 
82 
 
 E^denra^^^' Vice-Ohancellor be received at the hearing or trial thereof, unless 
 generally. -vyithui One month after issue joined, or within such longer time 
 
 as may be allowed by special leave of the Court or Vice- 
 ChanceUor, notice in writing shaU have been given by the party 
 intending to use the same to the opposite party of his intention 
 in that behalf. 
 
 [507] 
 
 25. All evidence taken at the hearmg or trial of any cause or 
 matter may be used in any subsequent proceedings in the same 
 cause or matter. 
 
 26. The solicitor for the party who under rule 20 of this 
 order desires to examine any witness before the Eegistrar, or 
 any other person appointed to take such examination as afore- 
 said, shall serve notice in writing, containing the name and 
 description of such witness, upon the solicitor of the opposite 
 party in the cause. And any party in any cause or matter 
 requiring the attendance of any witness, whether a party or not, 
 before the Eegistrar or other person appointed to take such 
 examination as aforesaid, for the purpose of being so examined, 
 or for the purpose of being cross-examined, either on an affidavit 
 or on oral testimony, shall give to the opposite party forty-eight 
 hours' notice at least of his intention to examine or cross-examine 
 such witness, and of the time and place of examination or cross- 
 examination, unless the Court or Eegistrar shall in any case 
 think fit to dispense with such notice. 
 
 III. SUBPCENA. 
 
 27. Where it is intended to sue out a subpctna, a praxipe for 
 that purpose, in the Form No. 16, in Appendix G., and contain- 
 
 [508] i^g *^® nsmQ or firm and the place of business or residence of the 
 solicitor intending to sue out the same, and, where such solicitor 
 is agent only, then also the name or firm and place of business 
 or residence of the principal soHcitor, shall in aU cases be de- 
 livered and filed at the Chancery Office. 
 
 [509] 28. A writ of subpoena shall be in the Form No. 1 in Ap- 
 
 pendix J., with such variations as circumstances may require. 
 
83 
 
 ■ generally. 
 
 Order XXXIV. 
 
 29. Every subpcena other than a subpama duces tecum shall f^JX. 
 contain three names where necessary or required, but may con- 
 tain any larger number of names. 
 
 [511] 
 
 [514] 
 
 30. No more than three persons shall be included in one 
 subpcena duces tecum, and the party suing out the same shall be [612] 
 at liberty to sue out a subposna for each person if it shall be 
 deemed necessary or desirable. 
 
 31. In the interval between the suing out and service of any 
 subpcena the party suing out the same may correct any error in 
 
 the names of parties or witnesses, and may have the writ re-sealed [513] 
 upon leaving a corrected prcedpe of such subpcena marked with the 
 words " altered and re-sealed," and signed with the name and 
 address of the solicitor suing out the same. 
 
 32. The service of a svhpmia shall be effected by delivering a 
 copy of the writ, and of the indorsement thereon, and at the same 
 time producing the original writ. 
 
 33. Affidavits filed for the purpose of proving the service of a 
 subpcena upon any defendant must state when, where and how, and [51 5] 
 by whom, such service was effected. 
 
 34. The service of any subpcena shall be of no validity if not [51 61 
 made within twelve weeks after the teste of the writ. 
 
 IV. Pebpetuating Testimony. 
 
 35. Any person who would, under the circumstances alleged by 
 him to exist, become entitled, upon the happening of any future 
 event, to any honour, title, dignity, or office, or to any estate or 
 interest in any property, real or personal, the right or claim to [617] 
 which cannot by him be brought to trial before the happening of 
 
 such event, may commence an action to perpetuate any testimony 
 which may be material for establishmg such right or claim. 
 
 86. In aU actions to perpetuate testimony touching any honour, 
 title, dignity, or office, or any other matter or thing in which the 
 Crown may have any estate or interest, the Attorney- General of [618] 
 the Duchy of Lancaster may be made a defendant, and ia all 
 proceedings in which the depositions taken in any such action, 
 F 2 
 
84 
 
 B°iamM'^^^' "1 which the said Attorney- General was so made a defendant, 
 generauy. j^g^y ^,g offered in evidence, such depositions shall, saving all 
 
 [619] 
 [620] 
 
 just exceptions be admissible. 
 
 37. Witnesses shall not be examined to perpetuate testimony 
 unless an action has been commenced for the purpose. 
 
 38. No action to perpetuate the testimony of witnesses shall 
 be set down for trial. 
 
 Order XXXV. 
 Affidavits and 
 depositioQB. 
 
 [621] 
 
 [622] 
 
 [623] 
 
 [624] 
 
 OEDEK XXXV. 
 I. Affidavits and Depositions. 
 
 1. Upon any motion, petition, or summons evidence may be 
 given by affidavit ; but the Court or Vice-Chancellor may, on the 
 application of either party, order the attendance for cross-exami- 
 nation of the person making any such affidavit at such time and 
 place, and before such person as the Court or Vice- Chancellor 
 may direct. 
 
 2. Every affidavit shall be intituled in the cause or matter in 
 which it is sworn ; but in every case in which there are more than 
 one plaintiff or defendant, it shall be sufficient to state the fuU 
 name of the first plaintiff or defendant respectively, and that 
 there are other plaintiffs or defendants, as the case may be ; and 
 the costs occasioned by any unnecessary prolixity in any such title 
 shall be disallowed by the taxing officer. 
 
 3. Affidavits shall be confined to such facts as the witness is 
 able of his own knowledge to prove, except on interlocutory 
 motions, on which statements as to his beUef, with the grounds 
 thereof, may be admitted. The costs of every affidavit which 
 shall unnecessarily set forth matters of hearsay, or argumentative 
 matter, or copies of or extracts from documents, shall be paid by 
 the party filing the same. 
 
 4. Affidavits sworn in England for use in the Court shall be 
 sworn before the Vice-Chancellor, Eegistrar, or Commissioner 
 to administer oaths. 
 
85 
 
 5. Every Commissioner to administer oaths in the Chancery AStoiS^n'' 
 of the Comity Palatine of Lancaster, shall express the time when d^po^iHoM." 
 and the place where he shall take any afBdavit, or the acknowledg- rgoK] 
 ment of any deed, or recognizance ; otherwise the same shaU not 
 
 be held authentic, nor be admitted to be filed or enrolled without 
 the leave of the Court or Vice-ChanceUor ; and every such Com- 
 missioner shall express the time when, and the place where, he 
 shall do any other act iacident to his office. 
 
 6. All examinations, affidavits, declarations, affirmations, and 
 attestations of honour in causes or matters depending in the 
 Court, may be sworn and taken m Scotland or Ireland or the - 
 Channel Islands, or in any colony, island, plantation, or place 
 under the dominion of Her Majesty in foreign parts, before any 
 Judge, Court, notary public, or person lawfully authorised to 
 administer oaths in such country, colony, island, plantation, or [526] 
 place respectively, or before any of Her Majesty's consuls or vice- 
 consuls in any foreign parts out of Her Majesty's dominions, and 
 
 the Vice-ChanceUor and other officers of the Court shaU take 
 judicial notice of the seal or signature, as the case may be, of any 
 such Court, Judge, notary pubhc, person, consul, or vice-consul, 
 attached, appended, or subscribed to any such examinations, 
 affidavits, affirmations, attestations of honour, declarations, 
 acknowledgments, or to any other deed or document. 
 
 7. Every affidavit shall be drawn up in the first person, and 
 shall be divided into paragraphs, and every paragraph shaU be 
 numbered consecutively, and as nearly as may be shaU be confined [627] 
 to a distinct portion of the subject. Every affidavit shall be 
 written or printed bookwise. No costs shall be allowed for any 
 affidavit or part of an affidavit substantially departing from this 
 
 rule. 
 
 8. Every affidavit shall state the description and true place of rRno-i 
 abode of the deponent. 
 
 9. In every affidavit made by two or more deponents the names 
 
 of the several persons making the affidavit shall be inserted in [529] 
 the jurat, except that if the affidavit of all the deponents is taken 
 
86 
 
 Order XXXV, 
 
 Affldarits and 
 depositions. 
 
 at one time by the same ofBcer it shall be sufficient to state that 
 it was sworn by both (or all) of the " above-named " deponents. 
 
 10. Every affidavit used in a cause or matter proceeding in 
 the Court shall be filed in the Chancery Office. There shaU 
 be appended to every affidavit a note showing on whose behalf 
 it is filed, and no affidavit shall be filed or used without such 
 
 [530] '^o*^, unless the Court or Vice-ChanceUor shall otherwise 
 direct. Such note shall be in the form following, or as near 
 thereto as circumstances will admit : that is to say, " This 
 affidavit is filed on the part of the plaintiffs (or of the defendants 
 M. or N.)" 
 
 11. The Court or Vice- Chancellor may order to be struck out 
 r531 1 fro™ ^'iiy affidavit any matter which is scandalous, and may 
 
 order the costs of any application to strike out such matter to be 
 paid as between solicitor and client. 
 
 12. No affidavit having in the jurat or body thereof any 
 interlineation, alteration, or erasure, shall^without leave of the 
 Court or Vice-ChanceUor be read or made use of in any matter 
 depending in Court unless the interlineation or alteration (other 
 than by erasure) is authenticated by the initials of the officer 
 taking the affidavit, nor in the case of an erasure, imless the 
 words or figures appearing at the time of taking the affidavit to 
 be written on the erasure are re-written and signed or initialed 
 in the margui of the affidavit by the officer taking it. 
 
 13. Where an affidavit is sworn by any person who appears to 
 the officer taking the affidavit to be illiterate or blind, the officer 
 shall certify in the jurat that the affidavit was read in his 
 presence to the deponent, that the deponent seemed perfectly to 
 understand it, and that the deponent made his signature in the 
 presence of the officer. No such affidavit shall be used in 
 evidence in the absence of this certificate, unless the Court or 
 Vice- Chancellor is otherwise satisfied that the affidavit was read 
 over to and appeared to be perfectly understood by the deponent. 
 
 14. The Court or Vice-Chanccllor may receive any affidavit 
 sworn for the purpose of being used in any cause or matter, 
 
 [532] 
 
 [533J 
 
 [534] 
 
87 
 
 notwithstandiiag any defect by misdescription of parties ov ^gf^^.^l^^- 
 otherwise in tlie title or jurat, or any other irregularity in the *«i'»»'"°'«'- 
 form thereof, and may direct a memoraiidum to be made on the 
 document that it has been so received. 
 
 15. In cases in which by the present practice an original 
 affidavit is allowed to be used, it shall at the time when it is 
 used be delivered to and left with the Eegistrar, who shall 
 
 cause it to be filed. An office copy of an affidavit may in [53S] 
 aU cases be used, the original affidavit having been previously 
 filed, and the copy duly authenticated with the seal of the office. 
 
 16. No affidavit shall be sufficient if sworn before the solicitor 
 
 acting for the party on whose behalf the affidavit is to be used, |- coot 
 or before any agent or correspondent of such sohcitor or before 
 the party himself. 
 
 17. Any affidavit which would be insufficient if sworn before 
 
 the sohcitor himself shaU be insufficient if sworn before his clerk [537] 
 or partner. 
 
 18. Where a special time is limited for fihng affidavits, no 
 affidavit filed after that time shall be used, unless by leave of the [538] 
 Court or Vice-ChanceUor. 
 
 19. Except by leave of the Court or Viee-Chancellor no order 
 made ex parte in Court founded on any affidavit shall be of any 
 force unless the affidavit on which the appheation was made was 
 actually made before the order was applied for, and produced or [539] 
 filed at the time of making the motion ; except that an affidavit 
 
 of service may be sworn and filed at any time before the order 
 made on such affidavit is passed and entered. 
 
 n. — Affdjavits and Evidence in Chambers. 
 
 20. The party intending to use any affidavit on any proceeding 
 
 in the Chambers of the Eegistrar, shall give notice to the other [540] 
 parties concerned of his intention in that behalf. 
 
 21. AU affidavits which have been previously made and read rc^^-.-, 
 in Court, upon any proceeding in a cause or matter, may be used 
 
 before the Eegistrar. 
 
 22. Every alteration in an account verified by affidavit to be 1-542] 
 left at the Chambers of the Eegistrar shall be marked with 
 
[544] 
 
 [545] 
 
 88 
 
 AMarttaSi^' ^^^ initials of the Commissioner or officer before whom the 
 depoBitions. affidavit is sworn, and such alterations shall not be made by 
 erasure. 
 
 23. Accounts, extracts from parish registers, particulars of 
 creditors' debts, and other documents referred to by affidavit, 
 
 [543] shall not be annexed to the affidavit, or referred to in the 
 affidavit as annexed, but shall be referred to as exhibits. 
 
 24. Every certificate on an exhibit referred to in an affidavit 
 signed by the Commissioner or officer before whom the affidavit 
 is sworn shall be marked with the short title of the cause or 
 matter. 
 
 III. — Tkial on Affidavit. 
 
 25. Within fourteen days after a consent for taking evidence 
 by affidavit as between the parties has been given, or within 
 such time as the parties may agree upon, or the Court or Vice- 
 Chancellor may allow, the plaintiff shall file his affidavits and 
 deliver to the defendant or his solicitor a list thereof. 
 
 26. The defendant, within fourteen days after delivery of such 
 list, or within such time as the parties may agree upon, or the 
 
 [54o] Court or Vice -Chancellor may allow, shall file his affidavits and 
 deliver to the plaintiff or his solicitor a list thereof. 
 
 27. Within seven days after the expiration of the last-men- 
 tioned fourteen days, or such other time as aforesaid, the plaintiff 
 
 [547] shall file his affidavits in reply, which affidavits shall be confined 
 to matters strictly in reply, and shall deliver to the defendant or 
 his solicitor a list thereof. 
 
 28. When the evidence on the trial is taken by affidavit, any 
 party desiring to cross-examine a deponent who has made an 
 affidavit filed on behaK of the opposite party may serve upon the 
 party by whom such affidavit has been filed a notice in writing, 
 requiring the production of the deponent for cross-examination at 
 the trial, such notice to be served at any time before the expira- 
 tion of fourteen days next after the. end of the time allowed for 
 filing affidavits in reply, or within such time as in any case the 
 Court or Vice-Chancellor may specially, appoint ; and unless such 
 
 [548] 
 
89 
 
 deponent is produced accordingly, liis affidavit shall not be used AMavite^na^' 
 as evidence unless by the special leave of the Court or Vice- depositions. 
 Chancellor. The party producing such deponent for cross- 
 examination shall not be entitled to demand the expenses 
 thereof in the first instance from the party requiring such 
 production. 
 
 29. The party to whom such notice as is mentioned in the 
 
 last preceding Eule is given shall be entitled to compel the r«4qi 
 attendance of the deponent for cross-examination in the same 
 way as he might compel the attendance of a witness to be 
 examined. 
 
 30. When the evidence rnider this Order is taken bj affidavit, 
 such evidence shall be printed, and the notice of trial shall be 
 given at the same time after the close of the evidence as ui other 
 
 eases is by these Eules provided after the close of the pleadings ; [550] 
 provided that other affidavits may be printed if all the parties 
 interested consent thereto, or the Court or Vice-Chancellor so 
 order. 
 
 IV. — Ceoss-examination op Affidavit Witness. 
 
 31. Any witness who has made an affidavit, to be used in any 
 proceeding not being a trial of an action, shall, after such affidavit 
 has been filed, be subject to oral cross-examination by or before 
 the Eegistrar or any special examiner, in the same manner 
 as if the evidence given by him in his affidavit had been given 
 by him oraUy before the Eegistrar or such examiner, and after 
 such cross-examination may be re-examined orally by or on the 
 part of the party by whom such affidavit was filed ; and such 
 witness shall be bound to attend before the Eegistrar or such 
 examiner to be so cross-examined and re-examiaed, upon receiv- 
 ing such notice as in Eule 26 of Order XXXIV. mentioned, and 
 receiving payment of his reasonable expenses, and being duly 
 served with a writ of svApwna ad testificandum before the Eegis- 
 trar or such examiner ; and the expenses attending such cross- 
 examination and re-exammation shall be paid by the parties 
 respectively, in like manner as if the witness so to be cross- 
 
90 
 
 Afflda-rit^^u/' examined were the witness of the party cross-examining, and 
 depositione. gj^g^jj ^^ deemed costs in the cause of such parties respectively, 
 unless the Court shall otherwise direct. 
 
 32. The re-examination of a witness is immediately to follow 
 his cross-examination, and is not to be delayed to a future period. 
 
 uot.1^^^'- OEDEE XXXVI. 
 
 judgment. 
 
 ■ Motion foe Judgment. 
 
 1. Except where by these Eules it is provided that judgment 
 [5591 ■'■'^^y ^® obtained in any other manner, the judgment of the Court 
 
 shall be obtained by motion for judgment. 
 
 2. Where issues have been ordered to be tried, or issues or 
 questions of fact to be determined in any manner, the plaintiff 
 may set down a motion for judgment as soon as such issues oi 
 questions have been determined. If he does not set down such 
 
 [565] a motion, and give notice thereof to the other parties within ten 
 days after his right so to do has arisen, then after the expiration 
 of such ten days any defendant jnay set dovm a motion for judg- 
 ment, and give notice thereof to the other parties. 
 
 3. Where issues have been ordered to be tried, or issues or 
 questions of fact to be determined in any manner, and some only 
 of such issues or questions of fact have been tried or determined, 
 any party who considers that the result of such trial or determi- 
 nation renders the trial or determination of the others of them 
 
 [566] unnecessary, or renders it desirable that the trial or determination 
 thereof should be postponed, may apply to the Court or Vice- 
 Chancellor for leave to set down a motion for judgment, without 
 waiting for such trial or determination. And the Court or Vice- 
 ChanceUor may, if satisfied of the expediency thereof, give such 
 leave, upon such terms, if any, as shall appear just, and may 
 give any directions which may appear desirable as to postponing 
 the trial of the other issues of fact. 
 
 [5671 ^' ^° niotion for judgment shall, except by leave of the Court 
 
 or Vice-ChanceUor, be set down after the expiration of one year 
 
91 
 
 from the time when the party seeking to set-down the same first Moaon to''^^^' 
 became entitled so to do. judgment. 
 
 5. Upon a motion for judgment, or for a new trial, the Court 
 or Vice-chancellor may, if satisfied that it has before it all the 
 materials necessary for finally determming the questions in dispute 
 or any of them, or for awarding any relief sought, give judgment 
 accordingly, or may, if it shall be of opmion that it has not 
 sufficient materials before it to enable it to give judgment, direct 
 the motion to stand over for further consideration, and direct 
 such issues or questions to be tried or determined, and such 
 accounts and inquiries to be taken and made, as the Court or 
 Vice- Chancellor may thmk fit. 
 
 [568] 
 
 OEDEE XXXVII. 
 Drawing up a^id Exteeing Judgsibnts and Orders. 
 
 1. At the time of bespeaking a judgment or order, the party 
 bespeaking the same shall leave with the Eegistrar his counsel's 
 brief, and such other documents as may be required by the 
 Eegistrar for the purpose of enabling him to draw up the same. 
 
 2. Every judgment or order shall be bespoken, and the briefs 
 and other documents mentioned m the last preceding Eule shall 
 be left with the Eegistrar -nithin seven days after the judgment 
 or order is pronounced or finally disposed of by the Court or 
 Vice- Chancellor . 
 
 3. In case any judgment or order is not bespoken, and the 
 briefs and other requisite documents are not left with the 
 Eegistrar within the time prescribed by the last preceding 
 Eule, the Eegistrar may declme to draw up the judgment or 
 order without the leave of the Court or Vice- Chancellor. 
 
 4. At the time of delivering out the draft of any judgment 
 or order which requires to be settled by the Eegistrar in the 
 presence of the parties, the Eegistrar shall deliver out, to the 
 party on whose apphcation the draft has been prepared, a war- 
 rant fixing a time for settling the same. 
 
 Order XXXYH. 
 Drawing up 
 and enteiing 
 judgmentB and 
 orders. 
 
 [930] 
 
 [931] 
 
 [932] 
 
 [933] 
 
92 
 
 Drawing up ' 5. A copj of such warrant shall be served on the opposite 
 judgmentB and party, One clear day at least before the time fixed thereby for 
 
 settling the draft judgment or order ; and the party serving such 
 [934] copy, and the party so served, shall attend at the time fixed by 
 
 such warrant, and produce to the Eegistrar their briefs, and such 
 
 other documents as may be necessary to enable him to settle the 
 
 draft. 
 
 6. Service of such warrant shall be effected by leaving a copy 
 thereof at the address for service of the party to be served, or by 
 transmitting a copy thereof by post to such party at such address 
 for service. 
 
 [935] 
 
 7. When the draft judgment or order has been settled by the 
 Eegistrar, he shall name a time in the presence of the several 
 parties, or else deliver out a warrant, fixing a time for passing 
 [937] ^^^ judgment or order, and in the latter case the warrant shall 
 be served on the opposite party in like maimer as directed by 
 Eules 5 and 6 of this Order, with reference to a warrant to settle 
 the draft judgment or order. 
 
 [936] 
 
 8. At the time fixed for settling the draft of, or for passing the 
 judgment or order, the Eegistrar shall satisfy himself in such 
 manner as he may think fit that service of the warrant has been 
 duly effected. 
 
 9. If any party fails to attend the Eegistrar's appoint- 
 ment for settling the draft of or passing any judgment or order, 
 or fails to produce his briefs and such other documents as the 
 Eegistrar may require to enable him to settle such draft, 
 or pass such judgment or order, the Eegistrar may proceed to 
 [938] ^®^*^^ *^® Arskit, or pass the judgment or order in his absence, 
 and the Eegistrar shall be at liberty to dispense with the pro- 
 duction of counsels' briefs, and to act upon such evidence as he 
 may think fit of the actual appearance by counsel of the party 
 failing to attend, or to produce such documents or papers as 
 aforesaid, or may require the matter to be mentioned to the 
 Court or Vice- Chancellor. 
 
[941] 
 
 98 
 
 10. The Eegistrar may adjourn any appointment for settling S^^^^f^"' 
 the draft of or passing any judgment or order to such time as fudgmenrs^fna 
 he may think fit, and the parties who attended the appoint- "'*'"'!: 
 ment shall be bound to attend such adjournment without further Ly^yj 
 notice. 
 
 11. Notwithstanding the precedhig Kules of this Order, the 
 Eegistrar shall be at liberty, in any case ui which he may think 
 
 it expedient so to do, to settle and pass the judgment or order, [940] 
 without making any appointment for either purpose and without 
 notice to any party. 
 
 12. The Eegistrar shall, at the time of any attendance 
 before him for the purpose of settling the terms of and passing 
 any judgment or order, if requested to do so by any party, on 
 the ground that it is of a special nature or of unusual length or 
 difficulty, certify whether in his opinion any special allowance 
 ought to be made in taxation of costs in respect thereof. 
 
 13. Every judgment made in any cause or matter shall be 
 
 dated as of the day on which such judgment is pronounced, and rc7i -i 
 the judgment shall take effect from that date, provided that by 
 special leave of the Court or Vice-Chancellor a judgment may be 
 ante dated or post dated. 
 
 14. Every judgment or order made in any cause or matter 
 requiring any person to do an act thereby ordered shaU state the 
 time, or the time after service of the judgment or order, within 
 which the act is to be done, and upon the copy of the judgment 
 or order which shall be served upon the person required to obey 
 the same there shall be indorsed a memorandum in the words or 
 to the effect following, viz. : — 
 
 " If you, the within-named A.B., neglect to obey this judg- 
 ment [ar order] by the time therein limited, you wiU be liable to 
 process of execution for the purpose of compeUing you to obey 
 the same judgment [or order]." 
 
 15. Where under these Eules, or otherwise, it is provided that 
 any judgment or order may be drawn up upon the filing of any 
 affidavit or production of any document, the Eegistrar shall 
 
 [573] 
 
 [574] 
 
orders. 
 
 [577] 
 
 [578] 
 
 94 
 
 Dra^n^uJ^"' examine the affidavit or document produced, and if the same 
 ^dg^6™B°fna l^e regular and contam all that is by law required, he shall 
 draw up such judgment or order accordingly. 
 
 16. In any cause or matter where the defendant has appeared 
 by solicitor, no judgment or order shall be made by consent 
 unless the consent of the defendant is given by his soHcitor or 
 agent. 
 
 17. Where the defendant has not appeared, or has appeared 
 in person, no such judgment or order shaU be made unless the 
 defendant attends before the Vice- Chancellor and gives his con- 
 sent in person, or unless his written consent is attested by a 
 solicitor acting on his behalf, except in cases where the defendant 
 is a barrister, conveyancer, special pleader, or solicitor. 
 
 18. All judgments and orders shall be passed upon the 
 Eegistrar signing at the foot thereof " By the Court ;" and it 
 shall not be necessary for the Vice- Chancellor to sign any judg- 
 ment or order, unless it be a judgment or order for the payment 
 of money out of Court, or transfer of any stock standing in the 
 names of any of the officers of the Court. 
 
 19. Every judgment or order shall be entered by the Eegistrar 
 in the book to be kept for that purpose. The forms in Appendix 
 (F) hereto may be used, with such variations as circumstances 
 
 [569] may require. Such judgments and orders, when entered, shall 
 be delivered to the plaintiff or the person entitled to the benefit 
 of the judgment or order, unless the Court or Vice- Chancellor 
 shall otherwise direct. 
 
 20. All judgments and orders drawn up by the Eegis- 
 trars, and such other documents (if any) as, according to the 
 present practice or the practice for the time bemg, ought to be 
 entered m the Chancery Office, shall be entered without - 
 
 [928] abbreviations, and in a clear and legible hand, within one 
 clear day after the same shall be left for entry, and all such 
 entries shaU be examined by and marked with the initials of the 
 person having the carriage of the judgment or order, or his 
 solicitor, or the clerk of such solicitor. 
 
95 
 OEDEE XXXVIII. 
 
 Order XXXVI H. 
 T-i Execution, 
 
 iLXECUTION. 
 
 1. Where any person is by any judgment or order directed to 
 pay any money, or tt) deliver up or transfer any property real or 
 personal to another, it shall not be necessary to make any demand [579] 
 thereof, but the person so directed shall be bound to obey such 
 judgment or order upon being duly served with the same without 
 demand. 
 
 2. Where any person who has obtained any judgment or order 
 upon condition does not perform or comply mth such condition, 
 he shaU. be considered to have waived or abandoned sueh judg- 
 ment or order so far as the same is beneficial to himself, and any 
 
 other person interested in the matter may on breach or non- [580] 
 performance of the condition take either such proceedings as the 
 judgment or order may in such case warrant, or such proceedings 
 as might have been taken if no such judgment or order had been 
 made, unless the Court or Vice- Chancellor shall otherwise direct. 
 
 3. A judgment for the recovery by or payment to any person 
 
 of money may be enforced by any of the modes by which a judg- [5811 
 ment or decree of the Court for the payment of money may now 
 be enforced. 
 
 4. A judgment for the payment of money into Court may be 
 enforced by writ of sequestration, or m cases in which attach- [582] 
 ment is authorised by law, by attachment. 
 
 5. A judgment for the dehvery of the possession of land may [5831 
 be enforced by writ of possession. 
 
 6. A judgment for the recovery of any property other than 
 land or money may be enforced : 
 
 (a.) By writ for dehvery of the property : 
 (6.) By vrrit of attachment : 
 (c.) By writ of sequestration. 
 
 7. A judgment requiring any person to do any act other than 
 the payment of money, or to abstain from doing anything, may [586] 
 be enforced by writ of attachment, or by committal. 
 
 [584] 
 
[586] 
 
 [587] 
 
 96 
 
 Execu^^™" 8. In these Eules the term " writ of execution" shall include 
 writs of fien facias, capias, elegit, sequestration, and attachment, 
 and all subsequent writs that may issue for giving effect thereto. 
 And the term "issuing execution against any party" shall mean 
 the issuing of any such process against his person or property as 
 under the preceding Eules of this Order shaU be applicable to 
 the case. 
 
 9. Where a judgment or order is to the effect that any party 
 is entitled to any relief subject to or upon the fulfilment of any 
 condition or contingency, the party so entitled may, upon the 
 fulfilment of the condition or contingency, and demand made 
 upon the party against whom he is entitled to relief, apply to the 
 Court or Vice- Chancellor for leave to issue execution against 
 such party. And the Court or Vice- Chancellor may, if satisfied 
 that the right to relief has arisen according to the terms of the 
 judgment or order, order that execution issue accordingly, or may 
 direct that an issue or question necessary for the determination 
 of the rights of the parties be tried in any of the ways in which 
 questions arising in an action may be tried. 
 
 10. Where a judgment or order is against a firm, execution 
 may issue : 
 
 (a.) Against any property of the partnership ; 
 
 (6.) Against any person who has appeared in his own name 
 
 under Order XIII., Eule 9, or who has admitted on the 
 
 pleadings that he is, or who has been adjudged to be, a 
 
 partner ; 
 [588] («•) Against any person who has been served, as a partner, 
 
 with the writ of summons, and has failed to appear. 
 If the party who has obtained judgment or an order claims to be 
 entitled to issue execution against any other person as being a 
 member of the firm, he may apply to the Court or Vice-Chancellor 
 for leave so to do ; and the Court or Vice-Chanoellor may give 
 such leave if the liability be not disputed, or if such Uability be 
 disputed, may order that the liability of such person be tried and 
 determined in any manner in which any issue or question in an 
 action may be tried and determined. 
 
97 
 
 11. No writ of execution shall be issued without the production eSou™^"'' 
 to the Eegistrar of the judgment or order upon which the writ r coq-i 
 of execution is to issue, or an ofBce copy thereof, showmg the date 
 of entry. And the Eegistrar shall be satisfied that the proper 
 time has elapsed to entitle the creditor to execution. 
 
 12.' No writ of execution shall be issued without the party 
 issuing it, or his sohcitor, fiUng a p)-«eipe for that purpose. The 
 prcecipe shall contain the title of the action, the reference to the 
 record, the date of the judgment, and of the order, if any, directing 
 the execution to be issued, the names of the parties against whom, [590] 
 or of the firm against whose goods, the execution is to be issued ; 
 and shall be signed by or on behalf of the sohcitor of the party 
 issuing it, or by the party issuiug it, if he do so ua person. The 
 Forms in Appendix G. shall be used, with such variations as 
 circumstances may require. 
 
 13. Every writ of execution shall be indorsed with the name 
 and place of abode or office of busiuess of the sohcitor actually 
 suing out the same, and when the sohcitor actually suing out the 
 writ shall sue out the same as agent for another solicitor, the 
 name and place of abode of such other sohcitor shall also be 
 indorsed upon the writ ; and in case no sohcitor shall be employed [591] 
 to issue the writ, then it shall be indorsed with a memorandum 
 expressing that the same has been sued out by the plaintiff or 
 defendant in person, as the case may be, mentioning the city, 
 
 town, or parish, and also the name of the hamlet, street, and 
 number of the house of such plaintiff's or defendant's residence, 
 if any such there be. 
 
 14. Every writ of execution shall bear date of the day on which 
 
 it is issued. The Forms in Appendix H. shall be used, with such [692] 
 variations as circumstances may require. 
 
 15. In every case of execution the party entitled to execution 
 
 may levy the poundage, fees, and expenses of execution, over [593] 
 and above the sum recovered. 
 
 16. Every writ of execution for the recovery of money shall ._„.., 
 be indorsed with a direction to the sheriff, or other officer or 10^*-! 
 
98 
 
 O'^^axxxvm. person to whom the writ is directed, to levy the money really due 
 and payable and sought to be recovered under the judgment or 
 order, statmg the amount, and also to levy interest thereon, if 
 sought to be recovered, at the rate of U. per cent, per annum 
 from the time when the judgment or order was pronounced or 
 made, provided that in cases where there is an agreement 
 between the parties that more than 4L per cent, interest shall be 
 secured by the judgment or order, then the indorsement may be 
 accordingly to levy the amount of interest so agreed. 
 
 17. Every person to whom any sum of moijey or any costs 
 shall be payable under a judgment or order shall, so soon as the 
 money or costs shall be payable, be entitled to sue out one or more 
 writ or writs of fieri fcwias or one or more writ or writs of elegit 
 to enforce payment thereof, subject nevertheless as follows : 
 
 [595] («■) If tlie judgment or order is for payment within a period 
 
 therein mentioned, no such writ as aforesaid shall be 
 issued until after the expiration of such period. 
 
 (6.) The Court or Vice-Chancellor may, at or after the time of 
 giving judgment or making an order, stay execution 
 until such time as the Court or Vice-Chancellor shall 
 think fit. 
 
 18. Upon any judgment or order for the recovery or payment 
 of a sum of money and costs, there may be, at the election of the 
 
 [696] P^'i'^-y entitled thereto, either one writ or separate writs of execu- 
 tion for the recovery of the sum' and for the recovery of the costs, 
 but a second writ shall only be for costs and shall be issued not 
 less than eight days after the first writ. 
 
 19. A party who has obtained judgment or an order, not being 
 a judgment for payment of money or costs, or for the recovery of 
 
 \_Qvl\ land, may issue execution in fourteen days, unless the Court or 
 Vice- Chancellor shall order execution to issue at an earUer or 
 later date with or without terms. 
 
 20. A writ of execution if unexecuted shall remain in force for 
 [598] one year only from its issue, unless renewed in the manner here- 
 inafter provided ; but such writ may, at any time before its 
 
99 
 
 expiration, by leave of the Court or Vice-Chaneellor, be renewed ezmuuS^™'' 
 
 by the party issuing it for one year from the date of such renewal, 
 
 and so on from time to time during the continuance of the renewed 
 
 writ, either by being marked with a seal of the Court bearing the 
 
 date of the day, month, and year of such renewal, or by such 
 
 party giving a written notice of renewal to the sheriff, signed by 
 
 the party or his solicitor, and bearing the like seal of the Court ; 
 
 and a writ of execution so renewed shall have effect, and be 
 
 entitled to priority, according to the time of the original deHvery 
 
 thereof. 
 
 21. The production of a writ of execution, or of the notice re- 
 newing the same, purporting to be marked with such seal as in the 
 last preceding Eule mentioned, showing the same to have been 
 renewed, shall be sufficient evidence of its having been so renewed. 
 
 [699] 
 
 22. As between the original parties to a judgment or order, 
 execution may issue at any time within six years from the recovery [dOOJ 
 of the judgment or the date of the order. 
 
 23. Where six years have elapsed since the judgment, or any 
 change has taken place, by death or otherwise, in the parties 
 entitled or liable to execution, the party alleging himself to be 
 entitled to execution, may apply to the Court or Vice- Chancellor, 
 for leave to issue execution accordingly. And the Court or 
 Vice-Chancellor may, if satisfied that the party so applying is [601] 
 entitled to issue execution, make an order to that effect, or may 
 
 order that any issue or question necessary to determine the 
 rights of the parties, shall be tried, m any of the ways m which 
 any question in an action may be tried. And m either case, 
 the Court or Viee-Chancellor may unpose such terms as to costs 
 or otherwise as shaU be just. 
 
 24. Every order of the Court or Vice-Chancellor in any cause 
 or matter may be enforced against aU persons bound thereby in 
 the same manner as a judgment to the same effect. 
 
 25. An order of commitment under the Debtors Act, 1869, [603] 
 shaU bear date on the daj on which such order was made, and 
 
 a 2 
 
 [602] 
 
100 
 
 Bxecutionf ^™' ^^^^ continuB in force for one year from such date and no 
 longer ; but it may be renewed in the manner provided for writs 
 of execution by Eule 20 of this Order. 
 
 26. Any person not being a party to a cause or matter, who 
 obtains any order or in whose favour any order is made, shall be 
 entitled to enforce obedience to such order by the same process 
 
 [6041 ^^ ^^ ^^ "weve a party to such cause or matter ; and any person 
 not being a party to a cause or matter, against whom obedience 
 to any judgment or order may be enforced, shall be Uable to the 
 same process for enforcing obedience to such judgment or order 
 as if he were a party to such cause or matter. 
 
 27. Any party against whom judgment has been given may 
 apply to the Court or Vice-Chancellor for a stay of execution or 
 
 [605] other relief against such judgment, upon the ground of facts 
 which have arisen too late to be pleaded ; and the Court or Vice- 
 ChanceUor may give such reUef and upon such terms as may be 
 just. 
 
 28. Nothing ia this Order shall take away or curtail any right 
 [606] lieretofore existing to enforce or give effect to any judgment or 
 
 order ia any manner or against any person or property what- 
 soever. 
 
 [6071 ^^- Not^i^g "1 tliis Order shall affect the order in which writs 
 
 of execution may be issued. 
 
 80. If a mandatory order, injunction, or judgment for the 
 specific performance of any contract be not complied with, the 
 Court or Vice-Chancellor, besides or instead of proceedings 
 against the disobedient party for contempt, may direct that the 
 [608] ^°* required to be done may be done so far as practicable by the 
 party by whom the judgment or order has been obtained, or 
 some other person appointed by the Court or Vice-ChanceUor, at 
 the cost of the disobedient party, and upon the act being done, 
 the expenses incurred may be ascertained in such manner as the 
 Court or Vice-Chancellor may direct, and execution may issue 
 for the amount so ascertained, and cos*. 
 
101 
 
 11. — Discovery in Aid op Execution. Eseouuoa" 
 
 31. When a judgment or order is for the payment of money, 
 the party entitled to enforce it may apply to the Court or Vice- 
 Chancellor for an order that the debtor liable under such 
 judgment or order, or in the case of a corporation that any 
 officer thereof, be orally examined, as to whether any and what 
 
 debts are owing to the debtor, and whether the debtor has any '- ^ 
 and what other property or means of satisfying the judgment or 
 order, before the Vice- Chancellor or Eegistrar ; and the Court 
 or Vice -Chancellor may make an order for the attendance and 
 the examination of such debtor, or of any other person, and for 
 the production of any books or documents. 
 
 32. In case of any judgment or order other than for the 
 payment of money, if any difficulty shaU arise ia or about the 
 execution or enforcement thereof, any party interested may apply rfil l] 
 to the Court or Vice-ChanceUor, and the Court or Vice- 
 ChanceUor may make such order thereon for the attendance and 
 examiaation of any party or otherwise as may be just. 
 
 33. The costs of any application under the last two preceding 
 Eules or either of them, and of any proceedings arising from or 
 incidental thereto, shall be in the discretion of the Court or [613] 
 Vice-Chancellor, or in the discretion of the Eegistrar if the Court 
 
 or Vice-Chancellor shall so direct. 
 
 OEDEE XXXIX. ord„xxxix. 
 
 Writs of fieri 
 
 I. Writs of Fieri Facias, Elegit, and Sequestration, *ean\''|!S''°* 
 
 1. Writs oi fieri facias and of elegit shall have the same force 
 and effect as the like writs have heretofore had, and shall be 
 executed in the same manner in which the like writs have hereto- [613] 
 fore been executed ; provided that no writ of elegit henceforth 
 
 issued shaU extend to any goods. 
 
 2. Where it appears, upon the return of any writ oifien facias, 
 
 that the sheriff or other officer has by virtue of such writ seized, [614] 
 but not sold, any goods of the person directed to pay a sum of 
 
102 
 
 wri^fof fleri^^' iiioney or costs, the person to whom such sum of money or costs 
 st^ulsttS™* is payable shall, immediately after such writ with such return 
 
 shall have been filed as of record, be at liberty to sue out a writ 
 
 of venditioni exponas. 
 
 3. Where it appears, upon the return of any writ oi fieri f ados 
 or any writ of elegit, that the person against whom such writ was 
 so issued is a beneficed clerk, and has no goods or chattels, or, 
 in the case of a writ of elegit, has no lay fee in the bailiwick of 
 
 [615] the sheriff to whom such writ was directed, the person to whom 
 the sum of money or costs mentioned in such writ is or are 
 payable shall, immediately after such writ with such return shall 
 have been filed as of record, be at Uberty to sue out one or more 
 writ or writs of fieri facias de bonis ecclesiasticis, or one or more 
 writ or writs of sequestration. 
 
 4. Such writs, as in the last preceding Rule mentioned, when 
 sealed, shall be delivered to the Bishop, and shaU be executed by 
 him as nearly as may be in the same manner in which he ought 
 to execute the like writs issuing out of the High Court of Justice. 
 And such writs, when returned by the Bishop, shall be delivered 
 
 [616] to the parties or solicitors by whom respectively they were sued 
 out, and shall thereupon be filed as of record in the Chancery 
 Office. And for the execution of such writs, the Bishop or his 
 officers shall not take or be allowed any fees other than such as 
 are or shall be from time to time allowed by lawful authority for 
 the execution of the like writs issuing out of the High Court of 
 Justice. 
 
 5. On every such writ oi fieri facias elegit, fieri facias de bonis 
 ecclesiasticis, or sequestrari facias so to be issued as aforesaid there 
 shall be indorsed, in addition to the particulars required by Eule 
 13 of Order XXXVIH., the words " By the Court of Chancery 
 of the County Palatine of Lancaster," and also thereunder the 
 calling and place of residence of the person against whom such 
 writ shall be issued, and every such writ shall be tested at 
 " Lancaster," and be also uidorsed for the sum to be levied, 
 according to the form used upon hke writs issuing out of the 
 High Court of Justice. 
 
103 
 
 6. Writs of venditioni exponas, distringas niiper vice comitem, ^vt^'i^&S^' 
 fieri facias de bonis ecclesiastieis, sequestran facias de bonis ecclesias- 'equestratlin."'"^ 
 tieis, and all other writs in aid of a writ of fieri facias or of elegit, [61 7] 
 may be issued and executed in the same case and in the same 
 
 manner as heretofore. 
 
 7. Where any person is by any judgment or order directed to 
 pay money into Court, or to do any other act in a Hmited time, 
 and after due service of such judgment or order refuses or neglects 
 to obey the same, according to the exigency thereof, the person 
 prosecuting such judgment or order shall, at the expiration of 
 the time limited for the performance thereof, be entitled, without 
 obtaining any order for that purpose, to issue a writ of seques- 
 tration, against the estate and effects of such disobedient person. 
 Such writ of sequestration shall have the same effect as a writ of 
 sequestration in the Court has heretofore had, and the proceeds 
 of such sequestration may be dealt with in the same manner as 
 the proceeds of writs of sequestration have heretofore been dealt 
 with by the Court. 
 
 8. No subpcsna for the payment of costs, and, unless by leave 
 of the Court or Vice-Chancellor, no sequestration to enforce such 
 payment shall be issued. 
 
 [6181 
 
 [619] 
 
 OEDEE XL. order XL. 
 
 Attaohment. 
 
 Attachment. 
 
 1. A writ of attachment shall have the same effect as a writ r /»«/»-, 
 of attachment issued out of the Court has heretofore had. 
 
 2. No writ of attachment shall be issued without the leave of 
 
 the Court or Vice-Chancellor, to be appHed for on notice to the [621] 
 party against whom the attachment is to be issued. 
 
 _ Order XLI. 
 
 OEDEE XLI. Charging orders 
 
 and stop orders. 
 
 Chaeging Okders, and Stop Oedeks. 
 
 1. An order charging stock or shares may be made by the [631] 
 Court or Vice-Chancellor, and the proceedings for obtaining 
 
104 
 
 cta^'g^^dera suoh Order shall be such as are directed, and the effect shall 
 and stop orders. ^^ ^^^j^ ^^ j^ provided, by the Act 1 & 2 Vict. c. 110, ss. 14, 15 
 and 18 and 3 & 4 Vict. c. 82, s. 1. 
 
 2. Where any monies, or securities, are standing in the names 
 of the Eegistrar, Comptroller, and Clerk of the Council, in 
 trust in or to the general credit of any cause or matter, or to 
 the account of any class of persons, and an order is made to 
 prevent the transfer or payment of such monies or securities, 
 or any part thereof, without notice to the assignee of any person 
 entitled in expectancy or otherwise to any share or portion of 
 such monies or securities, the person by whom any such order 
 shall be obtained, or the shares of such monies or securities 
 affected by such order, shaU be liable, at the discretion of the 
 Court or Vice-Chaneellor, to pay any costs, charges, and expenses, 
 which, by reason of any such order having been obtained, shall 
 be occasioned to any party to the cause or matter, or any person 
 interested in any such monies or securities. 
 
 8. Any person presenting a petition or taking out a summons 
 
 for any such order as aforesaid shall not be required to serve such 
 
 [643] petition or summons upon the parties to the cause or matter, or 
 
 upon the persons interested in such parts of the monies or 
 
 securities as are not sought to be affected by any such order. 
 
 [642] 
 
 order xm. OEDEE XLII. 
 
 Writ of 
 poiBession. 
 
 Weit of Possession. 
 
 1. Where by any judgment or order any person therein named 
 is directed to deliver up possession of any lands to some other 
 person, the person prosecuting such judgment or order shall, 
 without any. order for that purpose, be entitled to sue out a writ 
 of possession on filing an affidavit showing due service of such 
 judgment or order and that the same has not been obeyed. 
 
 [645] 
 
105 
 
 OEDEE XLIII. 
 Wkit op Delh'eky. 
 
 1. Where it is sought to enforce a judgment or order for the 
 recovery of any property other than land or money by writ of 
 delivery, the Court or Vice-Chancellor may upon the appUcation 
 of the plaintiff, order that execution shall issue for the dehvery 
 of the property, without givmg the defendant the option of 
 retaining the property, upon paying the value assessed, if any, 
 and that if the property camiot be found, and unless the Court 
 or Vice-Chancellor shall otherwise order, the sheriff shall distrain 
 the defendant by all his lands and chattels in the sheriff's 
 bailiwick, tiU the defendant dehver the property ; or at the option 
 of the plaintiff, that the sheriff cause to be made of the defendant's 
 goods the assessed value, if any, of the property. 
 
 2. A writ of dehvery shall be in the Form No. 9 in Appendix 
 H. ; and when a writ of delivery is issued, the plaintiff shall, 
 either by the same or a separate writ of execution, be entitled to 
 have made of the defendant's goods the damages and costs 
 awarded, and interest. 
 
 Order XLHI. 
 Writ of delivery. 
 
 [647] 
 
 [648] 
 
 OEDEE XLIV. 
 
 Intebloctitory Okdees as to Injunctions or Interim 
 Preservation of Property, &a. 
 
 1. When by any contract a prima fade case of liability is 
 established, and there is alleged as matter of defence, a right to 
 be relieved wholly or partially from such liability, the Court or 
 Vice-ChanceUor may make an order for the preservation or 
 interim custody of the subject-matter of the htigation, or may 
 order that the amount in dispute be brought into Court or other- 
 wise secured. 
 
 2. It shaU be lawful for the Court or Vice-Chancellor, on the 
 application of any party, to make any order for the sale, by any 
 person or persons named in such order, and in such manner, and 
 
 Order XLIV. 
 Interlocutory 
 orders as to 
 iu junctions or 
 interim 
 
 preservation of 
 property, &c. 
 
 [667] 
 
 [668] 
 
Order XLIV. 
 Interlocutory 
 orders as to 
 injunctions or 
 interim 
 preservation of 
 property, &c. 
 
 [659] 
 
 [660] 
 
 [661] 
 
 [662] 
 
 106 
 
 on such terms as the Court or Vice- Chancellor may think desir- 
 able, of any goods, wares, or merchandise which may be of a 
 perishable nature or likely to injure from keepiag, or which for 
 any other just and sufficient reason it may be desirable to have 
 sold at once. 
 
 3. It shall be lawful for the Court or Vice- Chancellor, upon 
 the application of any party to a cause or matter, and upon such 
 terms as may be just, to make any order for the detention, 
 preservation, or inspection of any property or thing, being the. 
 subject of such cause or matter, or as to which any question 
 may arise therein, and for all or any of the purposes aforesaid 
 to authorise any persons to enter upon or into any land or build- 
 ing in the possession of any party to such cause or matter, and 
 for all or any of the purposes aforesaid to authorise any samples 
 to be taken, or any observation to be made or experiment to be 
 tried, which may be necessary or expedient for the purpose of 
 obtaining full information or evidence. 
 
 4. It shall be lawful for the Court or Vice- Chancellor before 
 whom any cause or matter may be heard or tried with or without 
 a jury, to inspect any property or thing concerning which any 
 question may arise therein. 
 
 5. The provisions of Eule 3 of this Order shall apply to in- 
 spection by a jury, and in such case the Court or Vice- Chancellor 
 may make aU such orders upon the sheriff or other person as 
 may be necessary to procure the attendance of a special or com- 
 mon jury at such time and place, and in such manner as they or 
 he may think fit. 
 
 6. An application for an injunction or receiver, in accordance 
 with the law as declared by the 8th sub-section of the 25th section 
 of the Supreme Court of Judicature Act, 1873, or under Rules 2 
 and 3 of this Order, may be made to the Court or Vice- Chancellor 
 by any party. If the application be by the plaintiff for an order 
 under the said sub-section 8 it may be made either ex parte or 
 with notice, and if for an order under Rules 2 or 3 of this Order it 
 may be made after notice to the defendant at any time after the 
 
107 
 
 issue of the writ of summons, and if it be by any other party, inSoouk."^" 
 then on notice to the plaintiff, and at any time after appearance ^^^^"or 
 by the party making the application. ^elSvation of 
 
 property, &o. 
 
 7. An application for an order under Eule 1 of this Order may 
 be made by the plaintiff at any time after his right thereto 
 appears from the pleadings ; or, if there be no pleadmgs, is made 
 to appear by affidavit or otherwise to the satisfaction of the Court 
 or Vice-Ghancellor. 
 
 [663] 
 
 :664] 
 
 8. Where an action is brought to recover, or a defendant in 
 his defence seeks by way of counter-claim to recover specific 
 property other than land, and the party from whom such recovery 
 is sought does not dispute the title of the party seeking to recover 
 the same, but claims to retain the property by virtue of a lien or 
 otherwise as security for any sum of money, the Court or Vice- 
 Chancellor may, at any time after such last-mentioned claim 
 appears from the pleadings, or, if there be no pleadings, by 
 affidavit or otherwise to the satisfaction of the Court or Vice- 
 Chaneellor, order that the party claiming to recover the property 
 be at Hberty to pay into Court, to abide the event of the action, 
 the amount of money in respect of which the Uen or security is 
 claimed, and such further sum (if any) for interest and costs as 
 the Court or Vice-ChanceUor may direct, and that, upon such 
 payment into Court being made, the property claimed be given 
 up to the party claiming it. 
 
 9. Where any real or personal estate forms the subject of 
 any proceedings in the Court, and the Court or Vice- Chancellor 
 is satisfied that the same wOl be more than sufficient to answer 
 aU the claims thereon which ought to be provided for in such 
 proceedings, the Court or Vice-ChanceUor may at any time after [6651 
 the commencement of such proceedings, allow to the parties 
 interested therein, or any one or more of them, the whole or 
 
 part of the annual income of such real estate, or a part of 
 such personal estate, or a part or the whole of the income 
 thereof, up to such tioae as the Couxt or Vice-ChanceUor shall 
 direct. 
 
108 
 
 [667] 
 
 Order XLIV. 
 Interlocutory 
 orders as to 
 injunctions or 
 interim 
 preservation of 
 property, &c. 
 
 [668] 
 
 [672] 
 
 10. No writ of injunction shall be issued. An injunction 
 shall be by a judgment or order, and any such judgment or order 
 shall have the effect which a writ of injunction previously had. 
 
 11. In any cause or matter in which an mj unction has been, 
 or might have been claimed, the plaintiff may, before or after 
 judgment, apply for an injunction to restrain the defendant or 
 respondent from the repetition or continuance of the wrongful 
 act or breach of contract complained of, or from the commission 
 of any injury or breach of contract of a like kind relating to the 
 same property or right, or arising out of the same contract ; and 
 the Court or Vice- Chancellor may grant the injunction, either 
 upon or without terms, as may be just. 
 
 II. EECErVEES. 
 
 12. Where a judgment or order is made appointing or directing 
 a receiver to be appointed, unless otherwise ordered, the person 
 appointed or to be appointed shall first give security, by bond or 
 bonds, to be settled and approved by the Registrar, duly to 
 account for what he shall receive as such receiver, and to pay 
 the same as the Court or Registrar shall direct ; and the person 
 so appointed or to be appointed shall be allowed a proper 
 salary or allowance. Such bond shall be in the Form No. 19, in 
 Appendix L, unless the Court or Vice-Chancellor or Registrar 
 shall otherwise direct. 
 
 13. Every receiver of a landed estate shall manage, if the 
 order appointing him shall so direct, but not otherwise, as well 
 as set and let, with the approbation of the Registrar ; and 
 the Registrar, without special order, shall receive and act upon 
 any proposal for the management (when the order appoints a 
 manager) or letting of the estate. 
 
 14. Every receiver, by any judgment or order, directed or 
 authorised to pay mto Court, to the credit of any cause, matter, 
 or account, any balance, to be certified to be due from him, 
 may, with the authority of the Registrar, pay into Court, to 
 the credit of the same cause, matter, or account, any money 
 alleged by him to be in his hands on account of such balance, 
 although the amount of the same balance shall not have been 
 
109 
 
 then certified, and shall be allowed every such payment as against in^/rimutor" 
 the same balance on passing his accounts ; and all monies which ^fuTotioa'^or 
 shall be paid into Court under this order, and all stock, if any, ^^e^tion of 
 purchased therewith shall be considered as affected by the ^'°^"'''' *°' 
 directions of the Court, m the same manner in aU respects as 
 the balance on account of which the same monies shaU be so 
 paid in, and the stock, if any, to be purchased therewith is or 
 would be affected. 
 
 15. When a receiver is appointed with a direction that he 
 shall pass accounts, the Court or Vice -Chancellor shall fix the 
 days upon which he shaU (annually, or at longer or shorter 
 periods,) leave and pass such accomits, and also the days upon 
 which he shall pay the balances appearing due on the accounts 
 so left, or such part thereof as shall be certified as proper to be 
 
 paid by him. And with respect to any such receiver as shall [6741 
 neglect to leave and pass his accoimts and pay the balances 
 thereof at the times so to be fixed for that purpose as aforesaid, 
 the Eegistrar may from time to time, when his subsequent 
 accounts are produced to be examined and passed, disallow the 
 salary therein claimed by such receiver, and may also, if he shall 
 think fit, charge him with interest at the rate of £5 per cent, per 
 annum upon the balances so neglected to be paid by him during 
 the time the same shall appear to have remained in the hands of 
 any such receiver. 
 
 16. Keceivers' accounts shall be in the Form No. 14 in rome-] 
 Appendix L., with such variations as circumstances may require. '- J 
 
 17. Every receiver shaU leave in the Chambers of the Eegis- 
 trar his account, together with an affidavit verifying the same 
 
 in the Form No. 20 in Appendix L., with such variations [6761 
 as circumstances may require. An appointment shall thereupon 
 be obtained by the plaintiff or person having the conduct of the 
 cause for the purpose of passing such account. 
 
 18. In case of any receiver faUing to leave any account or 
 affidavit, or to pass such account, or to make any payment, or [677] 
 otherwise, the receiver or the parties, or any of them, may be 
 required by the Eegistrar or the Court to attend at the Cham- 
 
110 
 
 Order XLIV. 
 
 Interlocutory 
 orders as to 
 injunctions or 
 interim 
 
 preservation of 
 property, &c. 
 
 bers of the Kegistrar to show cause why such account or afSdavit, 
 has not been left, or such account passed, or such payment made, 
 or any other proper proceeding taken, and thereupon such direc- 
 tions as shall be proper may be given by the Eegistrar or the 
 Court, including the discharge of any receiver and appointment 
 of another, and payment of costs. 
 
 Order XLV. 
 Sales by the 
 Court. 
 
 [680] 
 
 [681] 
 
 [682] 
 
 OEDEE XLV. 
 
 Sales by the Court. 
 
 1. If in any cause or matter relating to any real estate, it 
 shall appear necessary or expedient that the real estate or any 
 part thereof should be sold, the Court or Vice- Chancellor may 
 order the same to be sold, and any party bound by the order and 
 in possession of the estate, or ia receipt of the rents and profits 
 thereof, shall be compelled to deHver up such possession or 
 receipt to the purchaser, or such other person as may be thereby 
 directed. 
 
 2. Before any estate or interest shaU be put up for sale under 
 a judgment or order, an abstract of the title shall, unless the 
 Eegistrar shaU otherwise direct, be laid before some conveyancing 
 counsel to be approved by the Eegistrar for his opinion thereon, 
 to enable proper directions to be given respecting the conditions 
 of sale and other matters connected with the sale. The con- 
 ditions of sale shall specify a time for the delivery of the abstract 
 of title to the purchaser or to a solicitor. 
 
 3. Where a judgment or order is given or made directing any 
 property to be sold unless otherwise ordered, the same shall be 
 sold, with the approbation of and before the Eegistrar, to the 
 best purchaser that can be got, the same to be allowed by the 
 Eegistrar, and all proper parties shall join in the sale and con- 
 veyance as the Eegistrar shall direct. 
 
 4. When any property is directed to be sold before the Eegis- 
 trar, the Eegistrar shall be at liberty to order the same to be 
 sold at such place and time and by such person as he shall think fit. 
 
Ill 
 
 5. When any property is directed to be sold before the Eegis- sS^X^^"^' 
 trar, the conditions of sale shall be settled by the Eegistrar, who °™'^'- 
 shall give such directions as he shall think fit for the pubhcation 
 
 and chculation thereof. 
 
 6. WTienever in an action for the admuiistration of the estate 
 of a deceased person, or execution of the trusts of a written in- 
 striunent, a sale is ordered of any property vested in any executor, [666] 
 administrator, or trustee, the conduct of such sale shall be given 
 
 to such executor, administrator, or trustee, unless the Court or 
 Vice-ChanceUor shall othervrise direct. 
 
 7. When any property is directed to be sold before the 
 Registrar, he shall be at Hberty to fix a reserved bidding for the 
 same if sold entire, or if sold in lots one bidding for each lot, 
 and such reserved bidding shall be made one of the conditions 
 of sale under which the said property shall be sold, and in 
 order that the Registrar may form his judgment as to such 
 reserved bidding, the parties shall carry ia before him such 
 proposals as they may think fit ; and the Eegistrar shaU 
 use his discretion as to communicatiag such reserved bidding 
 to the parties, or any of them, or their sohcitors ; and the 
 Registrar previously to such sale, if he shall think fit, shall 
 cause to be put under a sealed cover, and to be dehvered to the 
 person appointed to seU, a note in writing of the sum at which 
 he shaU fix such reserved bidding for each lot ; and m case no 
 person shall bid a price equal to or higher than the sum 
 mentioned in the said note, then the Registrar, or the person 
 appointed by him to sell the said property, shaU declare that 
 such lot is not sold, but has been bought in on account of the 
 persons interested in or entitled to the property. 
 
 8. Affidavits for the purpose of enabhng the Eegistrar to 
 fix reser^'ed biddings shall state the value of the property by 
 reference to an exhibit containing such value, so that the value 
 may not be disclosed by the affidavit when filed. 
 
 9. When any property is directed to be sold before the Eegis- 
 trar, he shall be at liberty to fix an amount to be paid as a 
 
 [683] 
 
112 
 
 Order XLV. 
 Sales by the 
 
 [686] 
 
 [687; 
 
 deposit by the purchasers respectively at such sale, and to 
 appoiat some proper person to receive the same, who, if re- 
 quired by the Eegistrar, shall give security to be approved of 
 by the Eegistrar duly to account for and pay what he shall 
 receive in respect of such deposit, and the person appointed 
 to receive such deposits shall, within such time as the Eegistrar 
 shall appoint, and without any special order for the purpose, 
 pay the monies which he shall receive m respect thereof (the 
 amount of such monies to be certified by the Eegistrar) in 
 such manner as the Court shall have directed with respect to the 
 monies to arise from the sale. 
 
 10. When any property is directed to be sold before the 
 Eegistrar, any party shall be at liberty, either before or after 
 such property shall have been put up for sale by pubUo auction, 
 to apply by summons for the sanction of the Court to a sale of 
 the whole or any part of the said property by private contract. 
 
 11. The Court or Vice-Chancellor or Eegistrar may refer 
 to some Conveyancing Counsel any matter relating to the 
 investigation of the title to an estate with a view to an invest- 
 ment of money in the purchase or on mortgage thereof, or with 
 a view to a sale thereof, or to the settlement of a draft of a 
 conveyance, mortgage, settlement, or other instrument, or any 
 other matter which the Court or Vice -Chancellor or Eegistrar 
 may think fit to refer, and may receive and act upon the opinion 
 given in the matter referred. 
 
 12. Any party may object to the opinion given by such con- 
 veyancing counsel, and thereupon the point in dispute shall be 
 disposed of by the Court or Vice- Chancellor or Eegistrar. 
 
 Order XLVI. 
 Motions and 
 other 
 applications. 
 
 OEDEE XLVI. 
 
 Motions and otheb Applications. 
 
 1. Where by these Eules any apphcation is authorised to be 
 
 made to the Court or Vice- Chancellor, such apphcation, if made 
 
 in Court, shall, unless otherwise authorised, be made by-motion. 
 
[698] 
 
 118 
 
 2. No motion or application for a rule 7iisi or order to show mSJom ao/^' 
 cause shall hereafter be made in any action, or (a) to set aside, aOTUoations. 
 remit, or enforce an award, or (b) for attachment, or (c) to 
 
 answer the matters m an affidavit, or (dj to strike off the rolls, [697] 
 or (e) against a sheriff to pay money levied under an execution. 
 
 3. Except where accordiag to the practice existing on first day 
 of January, 1877, any order or rule might be made absolute ex 
 parte in the first instance, and except where notwithstanding 
 Eiole 2 a motion or appUcation may be made for an order to show 
 cause only, no motion shall be made without previous notice to 
 the parties affected thereby. But the Court or Vice-Chancellor 
 if satisfied that the delay caused by proceeding m the ordmary 
 way would or might entail irreparable or serious mischief, may 
 make any order ex parte upon such terms as to costs or otherwise, 
 and subject to such undertaking, if any, as the Court or Vice- 
 Chancellor may think just ; and any party affected by such order 
 may move to set it aside. 
 
 4. Every notice of motion to set aside, remit, or enforce an 
 award, or for attachment, or to strike off the rolls, shall state m 
 general terms the grounds of the application ; and, where any 
 such motion is founded on evidence by affidavit, a copy of any 
 affidavit intended to be used shall be served with the notice of 
 motion. 
 
 5. Unless the Court or Vice-Chancellor give special leave to 
 the contrary there must be at least t wo clear days between the 
 service of a notice of motion and the day named in the notice 
 
 for hearing the motion : provided that in appUcations to answer [700] 
 the matters in an affidavit or to strike off the roUs, the notice of 
 motion shall be served on the parties not less than ten clear days 
 before the time fixed by the notice for maldng the motion. 
 
 6. K on the hearing of a motion or other apphcation the 
 Court or Vice-Chancellor shaU be of opinion that any person to 
 
 whom notice has not been given ought to have or to have had [701] 
 such notice, the Court or Vice-Chancellor may either dismiss the 
 motion or application, or adjourn the hearmg thereof, in order 
 
 H 
 
 [699] 
 
Order XLVI. 
 
 Motions and 
 
 other 
 
 applioationa. 
 
 [702] 
 
 [703] 
 
 .[704] 
 
 [706] 
 
 [707] 
 
 [708] 
 [709] 
 
 114 
 
 that such notice may be given, upon such terms, if any, as the 
 Court or Vice- Chancellor may think fit to impose. 
 
 7. The hearing of any motion or appUcation may from time 
 to time be adjourned upon such terms, if any, as the Court or 
 Vice-Chancellor shaU think fit. 
 
 8. The plaintiff shall, without any special leave, be at liberty 
 to serve any notice of motion or other notice or any petition or 
 summons upon any defendant, who, having been duly served with 
 a writ of summons to appear, has not appeared within the time 
 limited for that purpose. 
 
 9. The plaintiff may, by leave of the Court or Vice-Chancellor 
 to be obtained ex parte, serve any notice of motion upon any 
 defendant along with the writ of summons, or at any time after 
 service of the writ of summons and before the time Limited for 
 the appearance of such defendant. 
 
 10. No order shall issue for the return of any writ, or to bring 
 in the body of a person ordered to be attached or committed ; 
 but a notice from the person issuing the writ or obtaining the 
 order for attachment or committal (if not represented by a 
 solicitor), or by his solicitor, calling upon the sheriff to return 
 such writ or to bring in the body within a given time, if not 
 compHed with, shall entitle such person to apply for an order for 
 the committal of such sheriff. 
 
 11. When any sheriff shaU, before going out of office, arrest 
 any defendant, and render return of cepi corpus, he may be called 
 upon by a notice, as provided by the last preceding Eule, to bring 
 in the body within the time allowed by law, although he may be 
 out of office before such notice is given. 
 
 12. Every order, if and when drawn up, shall be dated the 
 day of the week, month, and year, on which the same was made, 
 unless the Court or Vice-Chancellor shall otherwise direct, and 
 shall take effect accordingly. 
 
 13. Where an order has been made not embodying any special 
 terms, nor including any special directions, but simply enlarging 
 
115 
 
 time for taking any proceediag or doing any act or giving leave MoaoM^^^^' 
 
 (a) for the issue of any writ other than a writ of attachment, appucatiol 
 
 (b) for the amendment of any writ or pleadings, (c) for the filing 
 of any document, or (d) for any act to be done by an officer of 
 the Coiu-t other than a soUcitor, it shall not be necessary to draw 
 up such order miless the Court or Vice- Chancellor shall otherwise 
 direct ; but the production of a note or memorandum of such 
 order, signed by the Vice- Chancellor or Eegistrar, shall be 
 sufficient authority for such enlargement of time, issue, amend- 
 ment, filing, or other act. A direction that the costs of 
 such order shall be costs in any cause or matter shall not be 
 deemed a special direction within the meaning of this Eule. 
 The soHcitor of the person on whose application such order is 
 made, shall forthwith give notice in writing thereof to such person 
 (if any) as would, if this Eule had not been made, have been 
 required to be served with such order. 
 
 14. It shall not be necessary to obtaui an order to enter a 
 judgment or order nunc pro tunc, but in all cases in which such 
 entries were formerly made under orders of course, the solicitor 
 applying to have a judgment or order so entered, shall obtain 
 from the Eegistrar a memorandum in writing signed by him. 
 
 15. All petitions presented to the Court shall be answered by 
 the Eegistrar, who shall write thereon a fiat, that all parties con- 
 cerned in the matter of the petition do attend the sitting of the 
 Court in suchj^aJ mentioned. 
 
 16. At the foot of every petition presented to the Court, 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 L * J 
 intended to be served, a statement to that effect shall be made at 
 the foot of the petition and of every copy thereof. 
 
 17. Unless the Court or Vice-Chancellor gives leave to the 
 contrary, there must be at least two clear days between the service [712] 
 and the day appointed for hearing a petition. 
 
 18. In the case of apphcations under Acts of Parliament r„j„-| 
 directing the purchase money of any property sold to be paid L J 
 
 H 2 
 
 [710] 
 
116 
 
 Order XLVI. 
 
 Motions and 
 
 other 
 
 applicationB. 
 
 [714] 
 
 [715] 
 
 [716] 
 
 [717] 
 
 into Court, any persons claiming to be entitled to the money so 
 paid in must make an affidavit not only verifying their title, but 
 also stating that they are not aware of any right in any other 
 person, or of any claim made by any other person, to the sum 
 claimed, or to any part thereof, or, if the petitioners are aware 
 of any such right or claim, they must in such affidavit state or 
 refer to and except the same. 
 
 19. All petitions, summonses, statements, affidavits, and other 
 written proceedings for the opinion, advice, or direction of the 
 Vice-Chancellor under the 30th section of the Act 22 & 23 
 Vict. c. 35, shall be intituled in the matter of that Act, and in 
 the matter of the particular trust, will, or administration, and 
 every such petition or statement shall state the facts concisely, 
 and shall be divided into paragraphs numbered consecutively. 
 
 20. At the time when any such summons, as in the last 
 preceding Eule mentioned, is sealed, the statement upon which 
 the same is grounded shaU be left at the Chambers of the 
 Eegistrar, and shall on the conclusion of the proceeding be filed 
 in the Chancery office. 
 
 21. Every such petition or summons as in Eule 19 mentioned 
 shall be served seven clear days before the hearing thereof, unless 
 the person served shall consent to a shorter time. 
 
 22. The opinion, advice, or direction of the Vice- Chancellor, 
 as in Eule 19 mentioned, shall be passed and entered and 
 remain as <>f record in the same manner as an order made by 
 the Court or Vice-Chancellor, and the same shaU be termed 
 " a judicial opinion," or "judicial advice," or "judicial direction," 
 as the case may be. 
 
 23. Every notice of motion not in any cause, and every petition 
 not in any cause, shall be marked at or near the top or upper 
 part thereof, with the name of the district within which is the 
 address for service of the person on whose behalf the motion is 
 to be made, or the petition is presented, if he has a solicitor, or 
 within which is the address for service of the person himself, if 
 he has not a solicitor. 
 
117 
 
 24. All petitions and notices of motion in any matter under m°J*^', ^^i^/i' 
 Special Acts of ParUament which could not be heard by the °ppuoi.tions. 
 Court except under and by virtue of the Court of Chancery of 
 Lancaster Act, 1850, and the Court of Chancery of Lancaster 
 Act, 1854, or one of them, and all affidavits filed m any such 
 matter, must be entitled in the matter of such last-mentioned 
 two Acts and of the said Special Act. 
 
 OEDEE XLVn. 
 
 Order XLVn. 
 
 Proceedings 
 
 Proceedings under Companies' Acts. under com- 
 
 panies Acta. 
 
 1. The General Orders and Eules of the High Court of 
 ■Justice, to regulate the mode of proceeding under the Com- 
 panies' Acts, 1862 and 1867, shall continue to be Eules and 
 Orders of this Court, substituting throughout for the word 
 "Judge" the words " Vice- Chancellor," and for the words 
 '.'Chief Clerk" the word " Eegistrar," and for the words 
 " Chambers of the Judge" and "Judge's Chambers" the words 
 " Chambers of the Eegistrar.'' 
 
 OEDEE XLVIII. 
 
 Order XLTm. 
 
 Summary Applications to the Vice -Chancellor, AppUcationa to 
 
 the Vice-Cliau- 
 
 AND Proceedings in the Chambers of ceiior, and 
 
 proceedings in 
 
 THE Eegistrar. tie chambers ot 
 
 the Registrar. 
 
 I. General. 
 
 1. Every application for any order or direction m any action 
 or matter, (except those specified in Eule 2 of this order, or for 
 which any other mode of application is specified by these rules,) 
 which by statute law, or general order, or by the usual course of 
 practice adopted in the Chambers of the Judges of the Chancery 
 Division of the High Court of Justice, may properly be made to 
 any such Judge at his Chambers, upon summons, may aa 
 respects any like application in any action or matter depending 
 in the Court of Chancery of the County Palatine of Lancaster, 
 
118 
 
 g^^^'^^'"' be in like manner made to the Vice- Chancellor, upon summons, 
 
 ae'viotohli^ at the chambers of the Eegistrar, and the same may be heard and 
 
 prooeedtogsin detcrmmed for the Vice- Chancellor, by the Eegistrar, provided 
 
 the Eegistrar. that if any party to any such application shall, at any time 
 
 before the same is adjudicated on by the Eegistrar, object to the 
 
 same being heard by the Eegistrar, or if it shall appear to the 
 
 Eegistrar that the subject of any application is of sufficient 
 
 difficulty or importance to render it expedient that the same 
 
 should be heard by the Vice-Chancellor, the Eegistrar shaU 
 
 adjourn the hearing of the application to such time and place 
 
 as he shall appoint, in order that the same may be heard by 
 
 the Vice-Chancellor. 
 
 2. The applications excepted by the last preceding Eule are 
 as follows : — 
 
 («.) Apphcations for payment or transfer to any person of any 
 cash or securities standing to the credit of any cause or 
 matter to a separate account, where the cash exceeds 
 5001., or the securities exceed 5001. nominal value : 
 
 (i.) Applications for payment to any person of the dividend or 
 interest on any securities standing to the general credit 
 of any cause or matter : 
 
 (c.) Applications under 10 & 11 Vict. c. 96, and 12 & 13 Vict, 
 c. 74 (the Trustee Eelief Acts) in all cases where the 
 money or securities in Court exceed 5001. or 500Z. 
 nominal value : 
 
 [d.) Applications for permanent investment under the Lands 
 Clauses Consolidation Act, 1845, and any other Act 
 passed before the 14th of August, 1855, whereby the 
 purchase money of any property sold is directed to be 
 paid into Court : 
 
 («.) Apphcations under the Trustee Acts, 1850 and 1852, in 
 aU cases where a judgment or order has been given or 
 made for the sale, conveyance, or transfer of any stock or 
 of any hereditaments, corporeal, or incorporeal, of any 
 tenure or description, whatever may be the estate or 
 interest thereia : 
 
 [764J 
 
119 
 
 ( /'.) Applications on behalf of infants under 1 Will. IV. c 65 °"^^' xLvni. 
 ss. 12, lb, and 17, where the infant is a ward of Court or Appu»ations to 
 
 , J • • • -jv^iAnj, uj. the Vioe-Chan- 
 
 the administration of the estate of the infant, or the p°o°IkiSgs in 
 maintenance of the infant is under the direction of the^S^^rtr™"' 
 Court : 
 
 (<•/.) AppUcations under 18 & 19 Vict. c. 43, for the settlement 
 
 of any property of any iafant on marriage : 
 (/(.) AppHcations for orders on the further consideration of 
 
 any cause or matter not commenced by summons. 
 
 II. Adininistnitiims and Trmts. 
 
 3. The executors or administrators of a deceased person or any 
 of them, and the trustees under any deed or instrument or any 
 of them, and any person claimmg to be interested in the relief 
 sought as creditor, de\-isee, legatee, next of kin, or heir-at-law or 
 customary heir of a deceased person, or as cestuique trust under 
 the trust of any deed or instrument, or as claimmg by assign- 
 ment or otherwise under any such creditor or other person as 
 aforesaid, may apply to the Court or ^'ice- Chancellor in a summary 
 way by petition or motion, for such relief of the nature or kind 
 following, as may by the petition or notice of motion be specified 
 and as the circumstances of the case may require, (that is to say,) 
 the determmation, without an administration of the estate or 
 trust, of any of the following questions or matters : — 
 
 (a.) any question affecting the rights or interests of the person 
 
 claiming to be creditor, devisee, legatee, next of kin, or [765] 
 heir-at-law, or cestuique trust : 
 (b.) the ascertainment of any class of creditors, legatees, 
 
 devisees, next of kin, or otheis : 
 (c.) the furnishing of any particular accounts by the executors, 
 administrators or trustees, and the vouching (when 
 necessary) of such accounts : 
 (d.) the payment into Court of any money in the hands of the 
 executors or administrators or trustees : 
 
120 
 
 Order XLVin. 
 Summary 
 
 Applications to 
 the Vice-chan- 
 cellor, and 
 proceedings in 
 the Chambers of 
 the Registrar. 
 
 [766] 
 
 [767] 
 
 (c.) directing the executors or administrators or trustees to do 
 or abstain from doing any particular act in their character 
 as such executors or administrators or trustees : 
 {/.) the approval of any sale, purchase, compromise, or other 
 
 transaction ; 
 (g.) the determination of any question arising ui the adminis- 
 tration af the estate or trust. 
 4. Any of the persons named in the last preceding Rule may in 
 like manner, or by originating summons, apply for and obtain 
 an order for — 
 
 (a) the administration of the personal estate of the deceased : 
 (i) the administration of the real estate of the deceased : 
 (c) the administration of the trust. 
 
 6. The persons to be served with the petition, notice of 
 motion, or summons under the last two preceding Eules in the 
 first instance shall be the following ; (that is to say), — 
 
 A. Where the application is made by an executor or adminis- 
 trator or trustee, — 
 [a.) for the determination of any question, imder sub-sections 
 («.), («.), (/.), or (.'/.) of Rule 8, the persons, or one of 
 the persons, whose rights or interests are sought to be 
 affected : 
 (i.) for the determination of any question, under sub-section 
 (i.) of Rule ?., any member or alleged member of the 
 class : 
 (f.) for the determination of any question, under sub-section 
 (c.) of Rule 3, any person interested in taking such 
 accounts : 
 (rf.) for the determination of any question, under sub-section 
 
 (cl.) of Rule 3, any person interested in such money : 
 (e.) for reHef under sub-section {a.) of Rule 4, the residuary 
 
 legatees, or next of kin, or some of them : 
 (/.) for rehef under sub-section (6.) of Rule 4, the residuary 
 
 devisees, or heirs, or some of them : 
 ig.) for relief under sub-cootion (c.) of Rule 4, the cestuis que 
 trust, or some of them : 
 
121 
 
 ih.) if there are more than one executor or administrator or order xlviii. 
 trustee, and they do not all concur in taking out the Applications to 
 
 ,, , , ° the Viee-Chan- 
 
 summons, those -^vho do not concur : oiuor, ana 
 
 proceedings in 
 
 B. Where the application is made by any person other than the Registrar, 
 the executors administrators or trustees, the said ex- 
 ecutors admuiistrators or trustees. 
 
 6. The Com-t or Vice-Chancellor may direct such other persons ryfiSl 
 to be served -nith the petition, notice of motion, or summons as 
 
 they or he may thmk fit. 
 
 7. The application shall be supported by such evidence as the 
 
 Com-t or Yice-Chancellor may require, and directions may be [769] 
 given as they or he may think just for the trial of any questions 
 arising thereout. 
 
 8. It shall be lawful for the Court or A'ice-Chancellor upon 
 
 such application to pronounce such judgment as the nature of the L ' • "J 
 case may requke. 
 
 9. The Court or Vice-Chancellor may give any special 
 directions touching the carriage or execution of the judgment, or [771] 
 the service thereof u.pon persons not parties, as they or he may 
 
 think just. 
 
 10. It shall not be obligatory on the Court or Vice-Chancellor 
 to pronounce or make a judgment or order, whether on summons 
 
 or otherwise, for the administration of any trust or of the estate [772] 
 of any deceased person, if the questions between the parties can 
 be properly determined without such judgment or order. 
 
 [774] 
 
 11. An apphcation under Eule 3 of this Order shall not 
 interfere with or control any power or discretion vested in any 
 executor, administrator, or trustee, except so far as such inter- 
 ference or control may necessarily be involved in the particular 
 relief sought. 
 
 12. Any application to the Vice-Chancellor under " The [775] 
 Charitable Trusts Act, 1853," shall be made in a summary way 
 
 by petition or motion. 
 
[743] 
 
 and 
 
 122 
 
 Simmar^'^^'™' •'■■'■•'■■ Or'ujinatinfj Petitions, Motions, fiummomes and Warrants. 
 
 Applications to 
 
 the Vice-Chan- 13. Originating petitions, notices of motion, and summonses 
 
 cellor, and 
 
 proceedings in shall be ill Forms Nos. 23, 24 and 25 in Appendix L., with such 
 
 the Chambers of rr t 
 
 the Eegistrar. variations as circumstances may require. A summons other 
 than an originating suiomons shall be in the Form No. 1 
 in Appendix K., with such variations as circumstances may 
 [7821 re<iuire. Every summons shaU be addressed to all the persons 
 on whom the same is to be served, and shall be prepared 
 by the applicant or his solicitor, and shall be sealed in the 
 Chancery Office, and when so sealed shall be deemed to be issued. 
 The person obtaining the summons shall leave in the Chancery 
 Office a copy thereof. 
 
 14. At the time any summons or warrant is obtained, an entry 
 thereof shall be made in "the Summons Book " or "Warrant 
 [800] Book,'' stating the date on which the summons or warrant is 
 issued, the name of the cause or matter, and by what party, and 
 shortly for what purpose such summons or warrant is obtained, 
 and at what time such summons or warrant is returnable. 
 
 [736] 
 
 15. Summonses and warrants shall not be altered after they 
 are sealed except upon application to the Eegistrar. 
 
 IG. An originating petition, where service is required, shall be 
 served seven clear days before the day for which the same is 
 answered. An originating notice of motion shall be served 
 [7371 seven clear days before the day therein named for the hearmg. 
 An originating summons, where service is necessary, shall be 
 served seven clear days before the return thereof. Every other 
 summons shall be served two clear days before the return 
 thereof, u.nless in any case it shall be otherwise ordered. 
 
 17. Where from any cause an originating summons may not 
 have been served upon any party seven clear days before the 
 return thereof, an indorsement may be made upon the summons, 
 r784l '^■'■"^ upon a copy thereof stamped for service appointing a new 
 time for the parties not before served to attend at the Chambers 
 of the Eegistrar, and such indorsements shall be sealed at the 
 Chambers of the Eegistrar, and the service of the copy so indorsed 
 
128 
 
 and sealed shall have the same force and effect as the service of s^Sa^y^^'"' 
 an originating summons, and where any party has been served tiJtfvLt-oSan" 
 before such indorsement, the hearing thereof may, upon the proceedSigs in 
 return of the summons, be adjourned to the new time so ap- the uegistrar. 
 pointed. 
 
 18. The parties served with an originating summons shall, 
 
 before they are heard in the Chambers of the Registrar, enter [785] 
 appearances in the Chancery Office and give notice thereof. 
 
 19. Where some or one, but not aU, of the parties attend 
 upon the return of any summons, the Eegistrar shall be at liberty 
 
 to proceed ex parte if he thinks it expedient, considering the nature [738j 
 of the case, so to do. No affidavit of non-attendance shall be 
 required or allowed, but the Eegistrar may require such evidence 
 of service as he may think just. 
 
 20. Where the Eegistrar has proceeded w parte, such proceed- 
 ing shall not in any manner be reconsidered in the Chambers of 
 the Eegistrar, unless the Eegistrar shall be satisfied that the 
 party failing to attend was not guilty of wilful delay or negh- 
 
 gence ; and ta such case the costs occasioned by his non-attend- [739] 
 ance shaU be in the discretion of the Eegistrar, who may fix 
 the same at the time, and direct them to be paid by the party 
 or his sohcitor before he shall be permitted to have such pro- 
 ceeding reconsidered, or make such other order as to such costs 
 as he may thiak just. 
 
 21. Where a proceeding in the Chambers of the Eegistrar 
 fails by reason of the non-attendance of any party, and the 
 Eegistrar does not think it expedient to proceed e.r pane, the ^740] 
 Eegistrar may order such an amomit of costs (if any) as he shall 
 
 think reasonable to be paid to the party attending by the absent 
 party or by his sohcitor personally. 
 
 22 The appointments of the Eegistrar shall be as heretofore 
 by warrant. Warrants shaU be in the Form No. 1 in Appendix 
 L or as near thereto as circumstances wHl permit, and shaU be 
 served at least one clear day before the return thereof, unless the 
 
124 
 
 gOrara xLviii. Registrar shall, from the special circumstances of any particular 
 
 tofvioe'ichan" oass, thiiik fit to dispense with such service. 
 
 proceedings in 28. Everv Warrant for attendance before the Eegistrar shall 
 
 the Chamljers of i n i ti 
 
 the Begistrar. \)q considered as peremptory, and the Eegistrar shall be at liberty 
 to continue the attendance during such time as he thinks proper, 
 and shall be empowered to increase the fee for the solicitor's 
 attendance in proportion to the time actually occupied ; and in 
 case the Eegistrar shall not be attended by the solicitor or a com- 
 petent person on behalf of the solicitor of any party, the Eegis- 
 trar shall in such case disallow the usual fee for the solicitor's 
 attendance, taking care either in allowing an increased fee, or 
 disallowing the usual fee, to mark his determination in his 
 attendance-book. 
 
 24. The Eegistrar shall be at liberty, without order, to proceed 
 in all matters referred to him de die in diem, at his discretion. 
 
 25. Where matters in respect of which summonses or warrants 
 have been issued, are not disposed of upon the return of the 
 summons or warrant, the parties shall attend from time to time 
 without further summons or warrant or service, at such time or 
 times as may be appointed for consideration of the matter. 
 
 26. In every cause or matter where any party thereto makes 
 any application at the Chambers of the Eegistrar, either by way 
 
 [7421 of summons or otherwise, he shall be at liberty to include in one 
 and the same application all matters upon which he then desires 
 the order or direction of the Vice- Chancellor or the Eegistrar. 
 
 IV. Documents to be left at Chambers, and Warrants to Proceed. 
 
 27. Where any judgment or order is made referring any 
 matter to the Eegistrar, the party prosecuting the same shall, 
 
 r7Q01 within ten days after the same shall have been passed and 
 and entered, leave a copy of such judgment or order at the Cham- 
 
 [7941 bers of the Eegistrar, and shall certify the same to be a true 
 copy of the judgment or order as passed and entered, and in 
 default thereof any other party to the cause or matter, shall be 
 at liberty to bring in the same, and such party shall have the 
 
 [741] 
 
125 
 
 prosecution of such judgment or order, unless the Eeffistrar shall orferXLViii. 
 
 _ c famnmary 
 
 otherwise direct. AppUoationB to 
 
 the Vice-Chan- 
 TT cellor, and 
 
 28. Upon a copy of the judgment or order bemg left, the fhecSeiTof 
 soUcitor or party bringmg m the same may apply to the Eegistrar t''^ »«gi=t'^«-- 
 to appomt a time for the purpose of taking into consideration the 
 
 matter of the said judgment or order, and shall, if the Eegistrar 
 shall see fit to appouit such time, serve a copy of such appoint- 
 ment upon the other sohcitors or parties, and at the time so 
 appointed for considering the matter, the Eegistrar shall pro- 
 ceed to regulate as far as may be the mamier of its execution, L * ""J 
 and shall direct what advertisements if any, shall be issued, and 
 what persons shall be served with notices of the judgment or 
 order, and shall give directions as to the manner in which each 
 of the accounts or inquiries is to be prosecuted, the evidence to be 
 adduced in support thereof, the parties who are to attend on the 
 several accounts or inquhies, and the time within which each 
 proceeding is to be taken, and a day or days may be appomted 
 for the further attendance of the parties, and all such directions 
 may afterwards be varied or added to as may be found necessary. 
 
 29. Upon any subsequent attendance before him m the same 
 cause or matter, the Eegistrar, if he thinks it expedient so to do, 
 shall fix a certain time or certain times within which the parties 
 are to take any other proceeding or proceedings before him. 
 
 30. The Eegistrar shall have power to enlarge the time fixed 
 by him for doing any act or taking any proceeding, upon such 
 terms (if any) as the justice of the case may require, and any 
 such enlargement may be ordered, although the application for 
 the same is not made untU after the expiration of the tune 
 appointed or allowed. 
 
 31. Where the Eegistrar is directed to settle a deed, in case 
 the parties differ about the same, a warrant to proceed shall 
 
 be issued, and upon the return of such warrant, the party en- [796] 
 titled to prepare the draft deed shaU be directed to deliver a copy 
 thereof withm such time as the Eegistrar shall think fit to the 
 party entitled to object thereto, and the party so entitled to object 
 
[797] 
 
 126 
 
 s™m^^°^' shaU be directed to deliver to the other party a statement in 
 ttl^viofcSL*? writing of his objections (if any) within eight days after the 
 pr^etogsin delivery of such copy, and the proceedings shaU be adjourned 
 
 the Chambers of ,-i/>, n -t ■ i e • i j_ -i 
 
 the Begistrar. Until after the said period ot eight days. 
 
 32. Wheie, upon the hearing of the warrant to proceed, it 
 appears to the Eegistrar that by reason of absence, or for any 
 other sufficient cause, the service of notice of the judgment or 
 order upon any party cannot be made or ought to be dispensed 
 with, the Registrar may, if he shall think fit, whoUy dispense 
 with such service, or may at his disoietion order any substituted 
 service or notice by advertisement or otherwise in lieu of such 
 service. 
 
 83. If on the hearing of the warrant to proceed it shaU 
 appear that all necessary parties are not parties to the action or 
 have not been served with notice of the judgment or order, 
 directions may be given for advertisement for creditors, and for 
 leaving the accounts in the Chambers of the Eegistrar, but 
 the adjudication on creditors' claims and the accounts are not 
 to be proceeded with, and no other proceeding is to be taken, 
 except for the purpose of ascertaining the parties to be served, 
 imtil aU necessary parties shall have been served, and are bound, 
 or service shall have been dispensed with, and until directions 
 shall have been given as to the parties who are to attend on the 
 proceedings. 
 
 84. The course of proceeding in the Chambers of the Eegis- 
 trar shall ordinarily be the same as the course of proceeding 
 in Court upon motions. Copies, abstracts, or extracts of or 
 from accounts, deeds, or other documents and pedigrees and 
 
 [799] concise statements shall, if directed, be supplied for the use of 
 the Eegistrar, and where so directed, copies shall be handed 
 over to the other parties. But no copies shall be made of deeds 
 or documents where the originals can be brought in unless the 
 Eegistrar shall otherwise direct. 
 
 [798] 
 
 [778] 
 
 V. Powers and Duties of the Begistrars. 
 85. Each Eegistrar shall, for the purpose of any proceed- 
 
127 
 iugs directed to be taken before liim, have full riower tc oiiatXLYiu. 
 
 ■t bummnxy 
 
 issue advertisements, to summon parties and witnesses, to a'?vioe-c™an- 
 administer oaths, to require the production of documents, to p'ooe^^ngs in 
 take affidavits and acknowledgments, other than acknowledg- the SepSar! ° 
 ments by married women. 
 
 36. Parties and -witnesses summoned to attend before a 
 Eegistrar shall be bound to attend m pursuance of the summons, 
 and shall be liable to process of contempt m like manner as 
 parties or witnesses are Hable thereto in case of disobedience to 
 any order of the Court, or in case of default in attendance, in 
 pursuance of any order of the Court or of any writ of sidypeena [779] 
 ad testificandum, and all persons swearmg or affirmmg before any 
 Eegistrar shall be Uable to all such penalties, punishments, 
 
 and consequences for any wiLful and corrupt false swearing or 
 affirming contained therein, as if the matters sworn or affirmed 
 had been sworn and affirmed before any other person by law 
 authorised to administer oaths, to take affidavits, and to receive 
 affirmations. 
 
 37. In all cases in which, by any judgment or order, any 
 accomits are directed to be taken or inquiries to be made by tiie 
 Eegistrar, the parties are to produce before the Eegistrar, upon 
 oath, all deeds, books, papers, and writmgs in their custody 
 or power relating thereto, and are to be examined as the 
 Eegistrar shall direct, and any of the parties are to be at liberty 
 to apply to the Court as there shall be occasion. 
 
 38. "Where books, papers, or writings are to be produced before 
 the Eegistrar for the purposes of any judgment or order, it 
 shall be in the discretion of the Eegistrar to determine 
 what books, papers, or writings are to be produced, and when 
 and for how long they are to be left in his Chambers ; or in case 
 he shall not deem it necessary that such books, papers, or writings 
 should be left or deposited in his Chambers, then he may give 
 directions for the inspection thereof by the parties requiring the 
 same, at such time and in such manner as he shall deem 
 expedient. 
 
128 
 
 suSSa^^^'"' 39. AU orders made by the Eegistrar for the discovery, 
 tt^'vS'San" production, or inspection of documents in proceedings before 
 ^ooe^SgBin him may, so far as circumstances will admit, and having regard 
 the BegUtrai! ° to the 88th rule of this Order, be in a similar form to orders 
 
 made by the Court upon application for sitnUar purposes before 
 
 the hearing. 
 
 40. The Eegistrar shall have power, at his discretion, to 
 examine any witness viva, voce ; and in such case to issue a 
 subpoena for the attendance of the witness ; and the evidence 
 upon such viva voce examination shall be taken down by the 
 Eegistrar, or by the Eegistrar's clerk in his presence, and filed 
 in the Chancery Office. 
 
 41. The Eegistrar shall be at liberty to examine viva voce any 
 party, or any creditor, or other person coming in to claim before 
 him, the evidence upon such examination being taken down at 
 the time by the Eegistrar, or by the Eegistrar's clerk in his 
 presence, and filed in the Chancery Office. 
 
 42. If any person, whom the Eegistrar is authorised to 
 examine viva voce, shall refuse to be sworn or to answer, or 
 shall not satisfactorily answer, any lawful question or questions 
 put to him by the Eegistrar, or by either of the parties, 
 or by his or their counsel, soUcitor, or agent, the Eegis- 
 trar shall certify to the Court such refusal to be sworn, or 
 the question or questions asked, or such refusal to answer, or 
 such unsatisfactory answer, as the case may be, and thereupon 
 the Court, upon motion or petition, to be served as the Court 
 may think reasonable and just, may, if it shall think fit, direct 
 an attachment to be issued against such person as for a contempt 
 of Court. 
 
 43. No warrant to review or re-consider any proceeding in 
 the Chambers of the Eegistrar shall be allowed to be taken 
 out, except by permission of the Eegistrar, upon special grounds 
 to be shown to him for that purpose ; and the costs of such 
 review or reconsideration when allowed shall be in the discretion 
 
129 
 
 of the Eegistrar, and shall be paid by and to such persons and at J^'^"' xlviii. 
 
 *^ ■*- Summary 
 
 such time as he shall direct. i^^S?*^^^?^ ^° 
 
 the Vice-Clian- 
 cellor, and 
 
 44. The Eegistrar shaU, on aU applications to him under gfohaSfsri'of 
 these orders, be at liberty to direct, and shall accordingly, in ""^ ^*^''"' 
 the orders made thereon, order and direct whether the costs of 
 
 the application shall be costs ui the cause or matter, or -whether 
 such costs, or any part thereof, shall be paid by any of the parties 
 personally ; and in the latter case, the Eegistrar shall, in 
 such orders, either fix the sum to be paid for such costs, or tax 
 the same at his discretion ; and the party to whom such costs are 
 directed to be paid shall be entitled to sue out a subpcena for the 
 same. 
 
 45. Where any attendance at the Chambers of the Eegistrar 
 is by reason of the non-attendance of any party (and it 
 not being expedient to proceed ex parte), or by reason of the 
 neglect of any party in not beiag prepared with any proper evi- 
 dence, account, or other proceeding, the attendance is adjourned [10021 
 without any useful progress being made, the Vice-Chancellor or /j^x 
 the Eegistrar may order such an amount of costs (if any), as 
 
 he shall think reasonable, to be paid to the party attending, 
 by the party so absent or neglectful, or by his solicitor personally ; 
 and the party so absent or neglectful is not to be allowed any 
 fee as against any other party, or any estate or fund m which any 
 other party is interested. 
 
 46. No costs of counsel attending at the Chambers of the [1002] 
 Eegistrar shall in any case be allowed, unless the Eegistrar {16) 
 certifies it to be a proper case for counsel to attend. 
 
 47. If any party wishes to complain of any matter introduced 
 into any statement, affidavit, or other proceeding before the 
 Eegistrar, on the ground that it is scandalous, he shall be at 
 liberty, without any order of reference by the Court, to take out 
 a warrant for the Eegistrar to examine such matter, and the 
 Eegistrar shall have authority to expunge any such matter which 
 he shall find scandalous. 
 
180 
 
 Order XLviii. VI. Attendances. 
 
 Summary 
 Applicationa to 
 
 MUoT"'and'"™' ^^" ^^' ^^°^ ^^^ warrant taken out for considering the judg- 
 theohl^bsra'of ^^^^ °^ Order of reference, or at any time during the reference, 
 the Eegistrar. j^ appears to the Eegistrar, with respect to the whole or any 
 portion of the proceedings, that the interests of the parties can 
 be classified, he may require the parties constituting each or any 
 class to be represented by the same soUcitor, and may direct what 
 parties may attend all or any part of the proceedings, and where 
 the parties constituting any class cannot agree upon the sohcitor 
 to represent them, the Eegistrar may nominate such soHcitor for 
 [802] the purpose of the proceedings before him, and where any one 
 of the parties constituting such class declines to authorise the 
 solicitor so nominated to act for him, and msists upon being 
 represented by a different solicitor, such party shall personally 
 pay the costs of his own solicitor of and relating to. the proceed- 
 ings before the Eegistrar, with respect to which such nomination 
 shall have been made, and aU such further costs as shall be 
 occasioned to any of the parties by his being represented by a 
 different soUcitor from the soUcitor so nominated. 
 
 49. Whenever in any proceeding before a Eegistrar the same 
 solicitor is employed for two or more parties, the Eegistrar may 
 
 rSOSl ^* ^^® discretion require that any of the said parties shall be 
 represented before him by a distinct soUcitor, and adjourn such 
 proceedings until such party is so represented. 
 
 50. Any of the parties other than those who shall have been 
 directed to attend may attend at their own expense, and upon 
 paying the costs, if any, occasioned by such attendance, or, if 
 
 [OU^J ^jjgy ^iiink fit, they may apply by summons for liberty to attenH 
 at the expense of the estate, or to have the conduct of the action 
 either in addition to or in substitution for any of the parties who 
 shall have been directed to attend. 
 
 51. An order is to be drawn up on a warrant to be taken out 
 [805] by the plaintiff or the party havmg the conduct of the action, 
 
 stating the parties who shall have been directed to attend and 
 such of them (if any) as shall have elected to attend at their own 
 
181 
 
 expense, and suoli order is to be recited in the report of the o°'*" ^'^^i- 
 Registrar. AppUoauonB to 
 
 ° the Vioe-Chan- 
 
 52. Where the party actually prosecutins; a iudgment or order prooeeainga in 
 
 Tii-.i-r^ ojo jljg chomters of 
 
 does not proceed betore the Registrar with due diligence, the <*« Registrar. 
 Registrar shall be at Hberty, upon the appHcation of any other 
 party interested, either as a party to the cause or matter, or as 
 one who has come ia and established his claim before the 
 Registrar imder the judgment or order to commit to him the 
 prosecution of the said judgment or order ; and fi-om thenceforth, 
 neither the party making default, nor his solicitor, shaU be at 
 liberty to attend the Registrar as the prosecutor of the said 
 judgment or order. 
 
 53. In case any other proceeding pending in the Chambers of 
 the Registrar is not prosecuted with due dOigence, the parties, 
 or any of them, may be required by the Registrar to attend at 
 the Chambers of the Registrar, at a time to be appointed for 
 that purpose, to show cause why such proceeding has not been 
 prosecuted ; and thereupon such directions may be given by the 
 Registrar as shall be proper to ensure the prosecution thereof, 
 by some person interested therein, and for payment of the costs 
 incurred by any neglect or default, or a certificate by the 
 Registrar of such neglect or default as aforesaid, or of any 
 abandonment or abatement of the proceedings, or otherwise 
 according to the facts, may be made or filed without any fee 
 being payable thereon ; and after such certificate shall have 
 been so made, unless the same shall be discharged, none of the 
 parties shall be at hberty further to prosecute the proceeding in 
 the Chambers of the Registrar, unless and until the Court or 
 Registrar shall, upon apphcation, make an order directing the 
 same to be prosecuted. 
 
 VII. Advertisements for Creditors and Claimants. 
 
 54. Where a judgment or order is given or made, directing an 
 account of debts, claims, or liabUities, or an inquiry for heirs, [806] 
 next of kin, or other unascertained persons, unless otherwise 
 ordered, aU persons who do not come in and prove their claims 
 
 I 2 
 
182 
 
 sSa^^^"^' within the time which may be fixed for that purpose by 
 the^^oZn- advertisement, shaU be excluded from the benefit of the 
 
 oeUor, and • n . n 
 
 prooeodingB in judgment or order. 
 
 the Chambers of 
 
 egiarar. ^^^ Where an advertisement is required for the purpose of 
 
 any proceedings before the Eegistrar, a peremptory advertise- 
 ment, and only one, shall be issued, unless for any special 
 reason it may be thought necessary to issue a second advertise- 
 ment or further advertisements, and any advertisement may be 
 repeated as many times and in such papers as may be directed. 
 
 [807] 
 
 56. The advertisement shall be prepared by the party pro- 
 secuting the judgment or order, and submitted to the Eegistrar 
 
 [808 J for approval, and when approved shall be signed by him, and 
 such signature shall be sufficient authority to the printer of 
 the Gazette to insert the same. 
 
 57. Advertisements for creditors and other claimants shall 
 fix a time within which each claimant, not being a creditor, is to 
 come in and prove his claim, and within which each creditor 
 is to send to the executor or administrator of the deceased, 
 or to such other party as the Eegistrar shall direct, or to his 
 solicitor, to be named and described in the advertisement, the 
 
 [809 J name and address of such creditor and the full particulars of his 
 claim, and a statement of his account and the nature of the 
 security (if any) held by him. Such advertisements shaU be in 
 one of the Forms No. 2 and 3, in Appendix L., with such 
 variations as the circumstances of the case may require. At the 
 time of directing such advertisement a time shall be fixed for 
 adjudicating on the claims. 
 
 58. Claimants filing affidavits shall not be required to take 
 office copies, but the person who examines the claims shall take 
 
 f-^^J office copies and produce the same at the hearing, unless the 
 Eegistrar shall otherwise direct. 
 
 59. No creditor need make an affidavit or attend in support 
 [811] of his claim (except to produce his security) unless he is served 
 
 with a notice requiring him to do so as hereinafter provided. 
 
188 
 
 60. Every creditor shall produce the security (if any) gu^"^-^""^^"' 
 held by him before the Eegistrar at such time as shall be ^^J'^?'^'!^^;^ 
 specified m the advertisement for that purpose, being the time prooee(Ung9 in 
 appointed for the adjudicatmg on the claims, and every creditor Se Ee^S °' 
 shaU, if required, by notice in writing (Form No. 4, in 
 Appendix L.) to be given by the executor or administrator of L°^*J 
 the deceased, or by such other party as the Registrar shall direct, 
 produce aU other deeds and documents necessary to substantiate 
 his claim before the Eegistrar at his Chambers at such time as 
 shall be specified in such notice. 
 
 61. In case any creditor shall neglect or refuse to comply with 
 
 the last preceding Eule, he shall not be allowed any costs of L° J 
 proving his claim unless the Eegistrar shall otherwise direct. 
 
 62. The executor or administrator of the deceased, or such 
 other party as the Eegistrar shall dkect, shall examine the 
 claims of the creditors sent m pursuant to the advertisement, 
 and shall ascertain, so far as he is able, to which of such claims 
 the estate of the deceased is justly liable, and he shall, at least 
 seven clear days prior to the time appointed for adjudication, 'file 
 an affidavit (Form No. 5, in Appendix L.j, to be made by such 
 executor or administrator, or one of the executors or adminis- [814] 
 trators, or such other party, either alone or jointly with his 
 sohcitor or other competent person, or otherwise, as the Eegistrar 
 
 shall dhrect, verifying a Hst of the claims (Form No. 6, 
 in Appendix L.), the particulars of which have been sent in 
 pursuant to the advertisement, and stating to which of such 
 claims, or parts thereof respectively, the estate of the deceased 
 is in the opinion of the deponent justly liable, and his behef 
 that such claims, or parts thereof respectively, are justly due 
 and proper to be aUowed. and the reasons for such behef. 
 
 68. In case the Eegistrar shaU think fit so to direct, 
 the making of the affidavit referred to m the last preceding 
 Eule shaU be postponed tiU after the day appointed for adjudica- [815] 
 tion, and shall then be subject to such directions as the Eegistrar 
 may give. 
 
184 
 
 su'i?^^'"' 64. Where on the day appointed for hearing the claims any of 
 ^^vioe-ciiln" them remain iindisposed of, an adjournment day for hearing 
 proceetogein such claims shaU be fixed, and where further evidence is to be 
 theEeS?teM.°' adduced, a time may he named within which the evidence on 
 [816] both sides is to be closed, and directions may be given as to the 
 mode in which such evidence is to be adduced. 
 
 65. At the time appointed for adjudicating upon the claims of 
 creditors, or at any adjournment thereof, the Eegistrar may 
 in his discretion allow any of the claims, or any part thereof 
 respectively, without proof by the creditors, and direct such 
 
 [817] investigation of all or any of the claims not allowed, and 
 require such further particulars, information, or evidence relating 
 thereto as he may think fit, and may, if he so think fit, require 
 any creditor to attend and prove his claim, or any part thereof, 
 and the adjudication on such claims as are not then allowed 
 shall be adjourned to a time to be then fixed. 
 
 66. Notice (Form No. 7, in Appendix L.) shall be given by the 
 executor or administrator, or such other party as the Eegistrar 
 shall direct, to every creditor whose claim, or any part thereof, 
 has been allowed without proof by the creditor, of such aUbw- 
 anoe, and to every such creditor as the Eegistrar shall direct 
 to attend and prove his claim or such part thereof as is not 
 allowed by a time to be named in such notice (Form No. 8, 
 in Appendix L.), not being less than seven days after such 
 notice, and to attend at a time to be therein named, being the 
 time to which the adjudication thereon shall have been adjourned, 
 and in case any creditor shall not comply with such notice, his 
 claim, or such part thereof as aforesaid, shall be disallowed. 
 
 67. After the time fixed by the advertisement no claims shall 
 be received (except as hereinbefore provided in case of an 
 
 r8191 adjournment), unless the Eegistrar shall think fit to give special 
 leave upon application made by warrant, and then upon such 
 terms and conditions as to costs and otherwise as the Eegistrar 
 shall think fit. 
 
 [820] 68. A creditor who has come in and established his debt in 
 
 [818] 
 
185 
 
 the Chambers of the Eegistrar imder any judgment or order s^^a?'"^'"* 
 shall be entitled to the costs of so estabhshmg his debt, ^^''vioe-cih^a^ 
 and the sum to be aUowed for such costs shall be fixed by the procek^gsm 
 Eegistrar, unless he shaU think fit to direct the taxation thereof ; ae SgSr^ "' 
 and the amount of such costs, or the sum aUowed in respect 
 thereof, shall be added to the debt so estabhshed. 
 
 69. A list of all claims aUowed shall, when required by the 
 Eegistrar, be made out and left in the Chambers of the Eegistrar [821] 
 by the person who examines the claims. 
 
 70. Where any judgment or order is made for payment to 
 creditors, the party whose duty it is to prosecute such judgment 
 or order shall send to each such creditor or his solicitor (if any) 
 
 a notice (Form No. 9, in Appendix L.), that the cheques may be [822] 
 received from the Eegistrar, and such party shall, when required, 
 produce such judgment or order and any other papers necessary 
 to enable such creditors to receive their cheques. 
 
 71. Every notice by this order requu-ed to be given to creditors 
 or other claimants shall, imless the Eegistrar shall otherwise 
 direct, be deemed sufficiently given and served if transmitted 
 by the post prepaid to the creditor or other claimant to be served 
 according to the address given in the claim sent in by him pursuant 
 to the advertisement, or in case such creditor or other claimant 
 shall have employed a solicitor, to such solicitor accorduig to the 
 address given by him. 
 
 VIII. Interest. 
 
 72. Where a judgment or order is made directing an account 
 of the debts of a deceased person, unless otherwise ordered, 
 interest shall be computed on such debts as to such of them as [824] 
 carry interest after the rate they respectively carry, and as to all 
 others after the rate of four per cent, per annum from the date 
 of the judgment or order. 
 
 73. A creditor whose debt does not carry interest, who comes 
 in and estabhshes the same before the Eegistrar under a [825] 
 judgment or order of the Court or Vice-Chancellor, shall be 
 
 [823] 
 
[826] 
 
 136 
 
 SumSa^y^^'"' entitled to interest upon his debt at the rate of four per cent, per 
 a^^vi^'^chan" annum from the date of the judgment or order out of any assets 
 proee6(Sg8 in whioh may remain after satisfying the costs of the cause or matter, 
 theEegiBtrar.° the debts established, and the interest of such debts as by law 
 carry interest. 
 
 74. Where a judgment or order is made directing an account 
 of legacies, interest shall be computed on such legacies after the 
 rate of four 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 wiU, and 
 in that case according to the will. 
 
 IX. Reports and Certificates of the Registrar. 
 
 75. In any cause, matter, or thing which may from time 
 to time be depending before or have been referred to the 
 Eegistrar, it shall be lawful for him in such way as he may think 
 fit to obtain the assistance of an accountant, or any other person, 
 the better to enable him to make any report or certificate, and 
 to act upon the certificate of such accountant. 
 
 76. In any cause, matter, or thing which may from time to 
 time be depending before or have been referred to the Eegistrar, 
 he shall be at liberty, upon the application of any party or 
 person interested, to state any circumstances specially with- 
 out special order, and shall be at liberty to certify specially 
 any decision at which he may arrive or any other matter relating 
 thereto, in order to obtain a decision or direction by or from the 
 Court for his guidance in the further proceedings, or to enable 
 any party to obtain the opinion of the Court with reference 
 thereto, and the Eegistrar shall also be at liberty to make a 
 separate report or reports, from time to time, as to him shaU 
 seem expedient ; the costs of such separate reports to be in the 
 discretion of the Court. 
 
 77. Where the Eegistrar shall make a separate report of 
 debts or legacies, he shall be at liberty to make such certi- 
 ficate as he thinks fit with respect to the state of the assets ; 
 
[828] 
 
 187 
 
 and every person interested shall thereupon he at liberty to apply s°mma^'^^'"' 
 to the Court as he shaU be advised. ^^^wom^ 
 
 ceUor, and 
 
 vs. In case the Eegistrar shall be unable, by reason of ?h6 ohaXra of 
 the conduct of parties, or otherwise, to finally dispose of any ""^ ^^sis'rar. 
 cause, matter, or thing, he shall be at hberty to dispose of any 
 part thereof within his power, and to report or certify on the 
 whole of the case ; and upon such report or certificate the Court 
 shall make such order as it shall think proper on all or any of 
 the parties, for the further prosecution of the suit or matter, or 
 for the final disposal thereof, and for the payment of the costs 
 thereof, including any of the costs which may have been incurred 
 by reason of the conduct of the parties. 
 
 79. The certificates or reports to be made by the Eegistrar 
 shall not, except the special circumstances of the case shall 
 render it necessary, set out the judgment or order or any 
 document, or evidence, or reasons, but shall refer to the judg- 
 ment or order, documents, and evidence, or particular paragraphs 
 thereof, so that it may appear upon what the result stated in any 
 such certificate or report is founded. 
 
 80. Where an account has been directed, the Eegistrar's 
 certificate or report shall state the result of such account, and 
 not set the same out by way of schedule, but shall refer to the 
 account verified by the affida^-it filed, and shall specify by the 
 numbers attached to the items m the account, which, if any, of 
 such items have been disallowed or varied, and shall state what 
 additions, if any, have been made by way of surcharge or other- 
 wise ; and where the account verified by the affidavit has been 
 so altered that it is necessary to have a fair transcript of the 
 account as altered, such transcript may be required to be made 
 by the party prosecuting the judgment or order, and shall then 
 be referred to by the certificate or report. The accounts and the 
 transcripts, if any, referred to by certificates or reports, shall 
 be filed therewith, but no copies thereof shall be required to be 
 taken by any party. 
 
 81. The Eeport of the Eegistrar shall be in the Form No. 10, [829] 
 
 [830] 
 
188 
 
 summa^y'"^'^' ^^ Appendix L, -with such variations as the circumstances 
 ^^vioe-chan- ^^^7 require, and when prepared and settled shall be transcribed 
 proceedings in 11 such form, and within such time as the Eegistrar shaU require, 
 the Eegistrar. and shaU be signed by the Eegistrar either then or (if necessary) 
 at an adjournment to be made for the purpose. 
 
 82. Every report or certificate shall be filed in the Chan- 
 cery office, and when filed shall be binding on all parties 
 to the proceedings, unless discharged or varied, upon apphcation 
 by motion to the Court ; but such application must be made as 
 to general reports under a judgment or order, within four- 
 
 [832] teen days after the filing of such report, or at the general 
 sitting of the Court within the County Palatine which shall 
 first happen next after the expiration of such fourteen days, 
 and as to aU other reports and certificates within eight days 
 from the fihng thereof, or at the sitting of the Court whether 
 within or without the County Palatine next after the expiration 
 of such eight days. 
 
 83. The Court may in any case, under special circumstances, 
 allow the applications mentioned in the last preceding rule 
 to be made, notwithstanding the lapse of the times by such rule 
 prescribed. 
 
 84. Motions to discharge or vary any report or certificate 
 of the Eegistrar shall be heard and determined upon the 
 evidence which shall have been brought in before him ; and no 
 further evidence shall be received upon the hearing thereof, 
 unless the Court shall otherwise direct. 
 
 X. Further Consideration. 
 
 85. Where any matter originating in the Chambers of the 
 Eegistrar shall, at the original or any subsequent hearing, 
 have been adjourned for further consideration in the Cham- 
 
 [834] bers of the Eegistrar, such matter may, after the expiration 
 of eight days and within fourteen days from the filing of the 
 Eeport of the Eegistrar, be brought on for further consideration 
 by a summons, to be taken out by the party having the conduct 
 
139 
 
 of the matter, and after the expiration of such fourteen days by su^a?/'^™' 
 a summons to be taken out by any other party. Such sum- ^'^'vicf cha^ 
 mons shaU be in the Form following :— ^roSSg. m 
 
 the Chambera of 
 
 "That this matter, the further consideration whereof -vyas '''^ ^^^^'™- 
 adjourned by the order of the day of 
 
 18 , may be further considered." 
 
 Such summons shall be served six clear days before the return 
 thereof. Provided that this Eule shall not apply to any matter, the 
 further consideration whereof shall, at the original or any sub- 
 sequent hearing, have been adjourned mto Court. 
 
 XI. Registerimi and Drairimj up of Orders in Chambers. 
 
 86. Notes shall be kept of all proceedings in the Chambers of 
 the Registrar, with proper dates, so that aU such proceed- 
 iags in each cause or matter may appear consecutively, and 
 in chronological order, with a. short statement of the questions or 
 points decided or ruled at every hearing. 
 
 87. The Registrar shall draw up all directions or orders 
 given or made by him in a short form, and the same, when 
 signed by him, shall be entered in a book to be kept for 
 that purpose in his office, and shall then be marked by the said 
 Registrar as entered, and he shall sign his initials thereto 
 in this form :— " Ent. A. B." 
 
 [835] 
 
 [837] 
 
 Xn. — Forms. 
 
 88. The Forms Nos. 11 to 29 in Appendix L shall be used for 
 the respective purposes therein mentioned, with such variations 
 as circumstances may require. 
 
 XIII. — General Provisions. 
 
 89. AU copies, certificates, and other documents appearing to 
 be sealed with a seal of the Chancery Office shall be presumed to 
 
 be office copies, or certificates, or other documents issued from [900] 
 the Chancery Office, and may be received in evidence, and no 
 signature or other formality, except the sealing with a seal of 
 
[908] 
 
 140 
 
 s^S^^"^' tlie Chancery Office, shall be required for the authentication of 
 ^'vke^ohan- any such copy, certificate, or other document. 
 
 cellor, and 
 
 tta cSferaof ^0. It shall not be necessary to enrol any judgment or order, 
 "'^r^lT 'whether dated before or since the commencement of these rules. 
 
 91. No order made on a petition, and no order to make a 
 submission to arbitration or an award an order of the Court, and 
 no judgment or order wherein any written admissions of evidence 
 are entered as read, shall be passed, until the original petition, 
 submission to arbitration, award, or written admissions of 
 evidence, shall have been filed in the Chancery Office. 
 
 92. Upon every pleading or other proceeding which is filed in 
 [909] the Chancery Office, the date of filing the same shall be printed 
 
 or written. 
 
 93. Proper indexes or calendars to the files or bundles of all 
 documents filed at the Chancery Office, shall be kept by the 
 Kegistrar ; so that the same may be conveniently referred to when 
 required. And such indexes or calendars and documents shall, 
 at all times during office hours, be accessible to the public, on 
 payment of the usual fee. 
 
 94. There shall also be entered m proper books kept for the 
 purpose the time when any certificate is delivered at the Chancery 
 Office to be filed, with the name of the cause and the date of the 
 
 [911] certificate ; and the like entry shall be made of the time of de- 
 livery of every other document filed at the Chancery Office ; and 
 such books shall, at all times during office hours, be accessible to 
 the public on payment of the usual fee. 
 
 95. Every judgment, order, certificate, petition, or document 
 made, presented, or used in any cause or matter, shall be distin- 
 
 [912] gi^islied by having plainly written or stamped on the first page 
 thereof the year, the letter, and the number by which the cause 
 or matter is distinguished in the books kept at the Chancery Office. 
 
 96. There shall also be entered in the Cause Books, the date 
 [913] of every judgment, order, and certificate made in every cause or 
 
 matter. 
 
 [910] 
 
141 
 
 97. For the purpose of enabling all persons to obtain precise gumm^^^™" 
 information as to the state of any cause or matter, and to take l^wcha^ 
 the means of preventing improper delay in the progress thereof, pra°eeZgsm 
 the Eegistrar shall, at the request of any person, whether the BegStrS °' 
 a party or not in the cause or matter mquired after, but on pay- [91 'J 
 ment of the usual fee, give a certificate, specifying therein the 
 dates and general description of the several proceedings which 
 have been taken in such cause or matter. 
 
 98. No person shall take out of the Chancery Office any 
 record or document filed there except by the direction of the 
 Court or Vice-Chancellor. 
 
 [921] 
 
 99. The Eegistrar being reqmred to attend with any record 
 or docrmient at any Assizes or at any Court or place out 
 of the Court or the offices thereof, shall be entitled to require that 
 
 the sohcitor or party desiring his attendance, shall deposit with [922] 
 him a sufficient sum of money to answer his just fees, charges, 
 and expenses in respect of such attendance, and undertake to pay 
 any further just fees, charges, and expenses which may not be 
 fully answered by such deposit. 
 
 100. Where any deeds or other documents are ordered to be left 
 or deposited, whether for safe custody or for the purpose of any 
 inquiry in Chambers, or otherwise, the same shall be left or de- [923] 
 posited in the Chancery Office, and shall be subject to such direc- 
 tions as may be given for the production thereof. 
 
 101. AU petitions and written admissions of evidence whereon 
 any order is founded, and all submissions to arbitrations, and 
 awards made orders of the Court, shall be filed, under the direc- 
 tion of the Eegistrar, and all office copies thereof or of any 
 part thereof which may be required, and of aU reports or cer- 
 tificates of the Eegistrar, or of any part thereof, that may 
 be required, shaU be ready to be delivered to the party requiring 
 the same within forty-eight hours after the same shall have been 
 bespoken. 
 
 XIV. Appeals from the Eegistrar. 
 
 102. All orders made and decisions and directions given by 
 
 [924] 
 
142 
 
 s^^''^"' *^® Begistrar under these Eules shall be subject to appeal by way 
 a^^vioSl^ of motion ; but such appeal must be made within fourteen days 
 ^oe^^gBin after the making or giving of such order, decision or direction, or 
 theSp^teM."* at the sittmg of the Court, whether within or without t£e County 
 Palatine, next after the expiration of such fourteen days. 
 
 XV. Proceedings relating to Infants. 
 
 103. Upon appUcations for the appointment of guardians of 
 infants and allowance for maintenance the Eegistrar shall 
 send to the Vice- Chancellor a memorandum in the form of 
 a report, stating the facts and circumstances, and the sum thought 
 proper by the Eegistrar to be allowed for maintenance, &c., 
 and the Vice-Chancellor shall make such alterations and sugges- 
 tions (if any) as he thinks fit, and return the memorandum to 
 the Eegistrar, with his approval signified at the foot, and the 
 Eegistrar shall thereupon draw up the order accordingly. 
 
 [787] 
 
 [788] 
 
 104. Upon such applications the evidence shall show — 
 {a.) The ages of the infants ; 
 
 (6.) The nature and amount of the infants' fortunes and incomes ; 
 (c.) What relations the infants have. 
 
 105. Upon applications to obtain the sanction of the Court to 
 infants making settlements on marriage under 18 & 19 Vict. c. 43, 
 evidence shall be produced to show — 
 
 (a.) The age of the infant ; 
 
 (6.) Whether the infant has any parents or guardians ; 
 
 (c.) With whom or under whose care the infant is Hving, and, 
 
 if the infant has no parents or guardians, what near 
 
 relations the infant has ; 
 [d.) The rank and position in life of the infant and parents ; 
 (e.) What the infant's property and fortune consist of ; 
 (/.) The age, rank, and position ia life, of the person to whom 
 
 the infant is about to be married ; 
 {g.) What property, fortune, and income, such person has ; 
 (/(.) The fitness of the proposed trustees, and their consent 
 
 to act; 
 
148 
 
 The proposals for the settlement of the property of the mfant, s ^^^' J^yiii. 
 and of the person to whom such mfant is proposed to be married, fh^y-ce-cran" 
 shall be submitted to the Eegistrar. ^rcce'eZgs in 
 
 . . tliQ Chambers of 
 
 10b. At any tune durmg the proceedhigs m the Chambers of <*<= Eegistrar. 
 the Eegistrar under any judgment or order, the Eegistrar may, if 
 he shall think fit, reqmre a guardian ad litem to be appomted for [789] 
 any infant or person of unsound mind not so fomid by mquisi- 
 tion, who has been served with notice of such judgment or order. 
 
 OEDEE XLIX. 
 
 Order XLIX. 
 Ee-HEAEINGS. Eo-hearings. 
 
 1. No re-hearing before the Court or Vice-ChanceUor of any 
 case on which a judgment or order is founded shall be allowed, 
 unless the petition for such re-hearing is served upon ah proper 
 parties, and set down for hearing within five years from the date 
 of such judgment or order respectively ; but the Court or Vioe- 
 Chancellor shall be at hberty, where it shall appear to be just and 
 expedient, to enlarge that period. 
 
 2. Where any petition for such re-hearing is presented, the 
 same shall not in any way stop or hinder any proceedings on the 
 judgment or order sought to be re-heard, unless by special order 
 of the Court or Vice- Chancellor ; but the person in possession of 
 any judgment or order shall be at hberty to proceed thereon as if 
 no re-hearing had been granted. 
 
 3. In any petition of re-hearing it shall not be necessary to 
 state the proceedings anterior to the judgment or order sought to 
 be re-heard. 
 
 4. Where any person obtains a re-hearing of the cause or 
 matter the person so obtaining such re-hearing shall deposit in 
 the hands of the Eegistrar the sum of twenty pounds, to be paid 
 to the opposite party when the judgment or order is not varied 
 in any material point, together with the further taxed costs 
 occasioned by the re-hearing, unless the Court or Vice- Chancellor 
 shaU otherwise order. 
 
144 
 
 Ee°toSi?g"^' 5- Where a party, who has been duly served with a petition of 
 re-hearing before the Court or Vice-Chancellor, does not appear 
 on the re-hearing, then, upon proof by af&davit of such service, 
 such order shall be made on such re-hearing as shall be just. 
 
 6. When any judgment or order has been made upon motion, 
 no re-hearing shall be allowed before the Court or Vice-Chan- 
 cellor upon motion ; but in every such case there shall be a 
 petition of re-hearing in the same mamier, and with the same 
 certificate of counsel, and with the same subscription by the 
 petitioner or his solicitor with respect to costs and with the same 
 deposit as are required for a re-hearmg when a judgment has 
 been made upon the hearing of a cause regularly set down for 
 hearing. 
 
 Order L. 
 Faymeut into 
 and out of Court. 
 
 OEDEE L. 
 
 Payment into and out or Coukt. 
 
 I. Preston District under Court of Chancery of Lancaster Act, 
 1854, Sect. 13. 
 
 1. Where the address for service of the solicitor of any party 
 desirous of paying or depositing any monies or securities into 
 or in any branch of the Bank of England, under the thirteenth 
 section of the Court of Chancery of Lancaster Act, 1854, or of 
 the party himself, if he shall have no solicitor, shall be within 
 the Preston district, and there shall be no Branch Bank of 
 England within such district, such monies and securities shall 
 and may be paid and transferred into any branch of the Bank 
 of England at which, according to the regulations for the time 
 being in force, respecting the Suitors' Fund, such fund is 
 authorised to be kept, and shall be so paid and deposited to the 
 joint account of the Clerk of the Council of the Duchy of Lan- 
 caster, and the Eegistrar of the District within which such 
 branch bank shall be situate, and the Comptroller who shall 
 receive the same accordingly ; and such Eegistrar shall furnish 
 such solicitor or party with the necessary authority for that 
 
146 
 
 purpose, upon the written request of the Registrar of the Pres- payment into 
 ton district, and which written request shall, as to monies and ''°*™'<'' *'""'• 
 securities proposed to he paid in and deposited under the Act 
 for better securing Trust Funds, and for the relief of Trustees, 
 embody a certificate that all prehminaries required by the 
 General Orders of the Court have been duly complied with. 
 And such monies and securities, when so paid in or deposited, 
 and the interest, dividends, and proceeds thereof, shall be sub- 
 ject to the regulations for the time being in force, respecting 
 the Suitors' Fund Account, appUcable to the district in which 
 such monies or securities shall have been so paid in or depo- 
 sited, and shall be acted upon, dealt with, paid and transferred 
 by the Clerk of the Council of the Duchy of Lancaster, and the 
 Eegistrar of the said last-mentioned district, and the Comptroller 
 respectively accordingly; but all petitions, evidences, orders, 
 and references touching such monies and securities, and the 
 interest, dividends, and proceeds thereof, shall be respectively 
 presented, filed, taken, passed, entered, and prosecuted in the 
 Eegistry of the Preston District. 
 
 n. General. 
 
 2. AH persons, whether representatives or others, who are 
 directed to pay into or deposit in the Bank any sum of money, 
 securities, or other efi"ects in the names of the Clerk of the 
 Council of the Duchy of Lancaster, the Eegistrar, and the 
 Comptroller, or to transfer any stock, funds, or shares into their 
 names, and all persons, whether representatives or others, to 
 whom any sums of money, stock, funds, securities, or other 
 effects, are directed to be paid out, transferred, carried over, or 
 delivered out, shall, except in the case of bodies corporate, com- 
 panies or societies, be described by name in the decree or order, 
 and not merely as plaintiffs or petitioners, or the like, unless 
 such payments, transfers, carryings over, or deliveries are 
 directed to be made to or by representatives, and no probate or 
 letters of administration shall have been taken out at the time 
 of making such decree or order ; and the Christian names'and 
 
 K 
 
146 
 
 Payment'toto Surnames, or titles of honour, of all such persons, and the titles 
 and out oj Court, ^j ^^^ ^^^^ bodies Corporate, companies, and societies shall be 
 
 ■written at length and without abbreviation in such decrees or 
 
 orders. 
 
 3. In all decrees or orders directing the payment of interest, 
 dividends, annuities, or other periodical payments, the time 
 when the first of such payments, and when all subsequent 
 periodical payments, whether quarterly, half-yearly, yearly, or 
 otherwise, shall be made, shall be specified and expressed in 
 words at length. 
 
 4. Every judgment or order whereby the Eegistrar, Comp- 
 troller, and Clerk of the CouncU are directed to pay or transfer 
 any fund or part of any fund in respect of which any duty shall 
 be payable to the revenue under the Acts relating to legacy or 
 succession duty, shall, unless such decree or order expressly 
 provides for the payment of the duty, direct the Eegistrar 
 to have regard to the circumstance that such duty is pay- 
 able. And where, by any judgment or order, any carrying 
 over to a separate account of any fund in respect of which 
 any such duty may be chargeable is directed, the words, 
 " subject to legacy duty," or " subject to succession duty," 
 as the case may be, shall be added to the title of the 
 account. And in order the better to provide security against 
 the payment or transfer of any fund chargeable with any 
 such duty, without the duty being first paid, the Registrar, 
 on receiving notice from the proper oiHcer that the duty is pay- 
 able, shall cause a memorandum to be made in his books in 
 conformity with such notice ; and, before executing any judg- 
 ment or order directing the payment or transfer of any fund or 
 part of any fund in respect of which any such duty shall be 
 payable, shall require the production oi 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 or any part 
 thereof respectively, by any such judgment or order directed to 
 be paid or transferred. 
 
147 
 HI. Payment into the Court under the Trustee Relief Act. Payment into 
 
 and oat of Ooart 
 
 5. Any trustee desiring to pay money, or transfer or deposit 
 stock or seoTirities into or in the Bank, under the statute 10 and 
 11 Vict. c. 96, shall file an affidavit, entitled in the matter of the 
 trust as well as of the said Court of Chancery of Lancaster 
 Acts, and setting forth — 
 
 1. His own name and address. 
 
 2. The place where he is to be served with any petition, 
 or any notice of any proceeding or order of the Court 
 relating to the trust fund. 
 
 3. The amount of stock, securities, or money which he 
 proposes to deposit, or to transfer, or to pay into Court to 
 the credit of the trust ; and in the case of the Preston 
 District, while there shall be no branch Bank of England 
 within such district, the branch Bank of England in or 
 into which he proposes to deposit, transfer, or pay such 
 stock, securities, or money. 
 
 4. A short description of the trust, and of the instrument 
 creating it. 
 
 6. The names of the parties interested in or entitled to 
 the fund, to the best of the knowledge and belief of the 
 trustee. 
 
 6. The submission of the trustee to answer all such 
 inquiries relating to the application of the stocks, securities, 
 or money transferred, deposited, or paid in under the Acts 
 as the Court may think proper to make or direct. 
 
 6. The Eegistrar, on production of an office copy of the affi- 
 davit, shall give the necessary directions for transfer, deposit, or 
 payment, and place the stock, securities, or money to the account 
 of the particular trust, or when the address for service of the 
 solicitor of the party desirous of paying or depositing the monies 
 or securities, or of the party himself if he has no solicitor, is in 
 the Preston District, and while there shall be no Branch Bank 
 of England within the Preston District, the Registrar of the 
 E 2 
 
148 
 
 Pa "snfini' P^eston district, on production of an office copy of the affidavit, 
 and out of Court, gj^g^ji gj^g g^gjj -written request as aforesaid, and the Eegistrar 
 of the district within which the Branch Bank of England 
 named in the affidavit is situate, shall, upon production of such 
 written request embodying such certificate as aforesaid, give the 
 necessary directions for transfer, deposit, or payment, and place 
 the stock, securities, or monies to the account of the particular 
 trust. 
 
 7. Where it is deemed unnecessary to have the money, or the 
 dividends, or interest of stock, or securities invested in the 
 meantime, the affidavit shall further contain a statement to that 
 effect ; but when the affidavit shall contain no such statement, 
 the Clerk of the Council, and the Eegistrar, and the Comptroller, 
 in whose names the money, stock, or securities shall be standing, 
 shall be at liberty to invest, as soon as conveniently may be, the 
 money in bank three pounds per cent, annuities in the matter 
 of the particular trust ; or, in cases of dividends or interest on 
 stock or securities transferred, such dividends or interest in the 
 like stock, and all accumulations of the dividends of the stock 
 in which such money shall be invested, and of the dividends or 
 interest on such stock or securities as aforesaid, from time to 
 time in the like matter, without any special order made by the 
 Court in that behalf, and without any formal request for that 
 purpose : Provided always, that where at any time a request in 
 writing, by or on behalf of any party claiming to be entitled, 
 that such investment be discontinued, shall be left with the 
 Eegistrar, he shall be at liberty to cease making any further 
 investment in the matter of the particular trust until the Court 
 shall have made some order in that behalf. 
 
 8. The trustee, having made the payment, transfer, or 
 deposit, is forthwith to give notice thereof to the several persons 
 named in the affidavit, as interested in or entitled to the fund. 
 
 9. Such persons, or any of them, or the trustee, may apply 
 by petition or summons, as occasion may require, respecting the 
 investment, payment out, or distribution of the fund, or of the 
 dividends thereof. 
 
149 
 
 10. The trustee shall be served with notice of any application pa™nunto 
 made to the Court respecting the fund, or the dividends or ""* ™' °' °''"'- 
 interest thereof, by any person interested therein or entitled 
 
 thereto. 
 
 11. The persons interested in or entitled to the fund shall be 
 served with notice of any application made to the Court by the 
 trustee, respecting the fund in Court, or the interest or dividends 
 thereof. 
 
 12. No petition shall be set down to be heard until the peti- 
 tioner has first named in his petition a place where he may be 
 served with any petition or notice of any proceeding or order of 
 the Court relating to the trust fund. 
 
 OEDEE LI. ^, Order LI. 
 
 Time. 
 
 Time. 
 
 1. Where by these Eules, or by any judgment or order given 
 or made after the same shall have come mto operation, the time 
 
 for doing any act or taking any proceeding is limited by months, [«»"1] 
 not expressed to be lunar months, such time shall be computed 
 by calendar months. 
 
 2. Where any limited time, less than six days from or after 
 
 any date or event, is appointed or allowed for doing any act, or , qaty] 
 taMng any proceeding, Sunday, Christmas Day, or Good Friday 
 shall not be reckoned in the computation of such limited time. 
 
 3. Where the time for doing any act, or taking any proceedmg, 
 expires on a Sunday, or other day on which the offices are 
 closed, and by reason thereof such act or proceeding cannot be 
 done or taken on that day, such act or proceeding shall, so far 
 as regards the 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 be open. 
 
 4. The day on which an order for security for costs is served, 
 and the time thenceforward until and including the day on which 
 
 [963] 
 
 [966] 
 
150 
 
 Order LI. g^gjj security is given, shall not be reckoned in the computation 
 of time allowed to plead, answer interrogatories, or take any 
 other proceeding in the cause or matter. 
 
 5. The Court or Vice-Chancellor shall have power to enlarge or 
 abridge the time appointed by these Eules, or fixed by any order 
 enlarging time, for doing any act or taking any proceeding, upon 
 [967] such terms (if any) as the justice of the case may require, and 
 any such enlargement may be ordered, although the appUcation 
 for the same is not made until after the expiration of the time 
 appointed or allowed. 
 
 6. Service of pleadings, notices, summonses, orders, warrants, 
 and other proceedings, shall be eifected before the hour of six in 
 the afternoon, except on Saturdays, when it shall be effected 
 before the hour of two in the afternoon. Service effected after 
 six in the afternoon on any weekday except Saturday shall, for 
 the purpose of computing any period of time subsequent to such 
 service, be deemed to have been effected on the following day. 
 Service effected after two in the afternoon on Saturday shall for 
 the like purpose be deemed to have been effected on the following 
 Monday. In ease of service by post, service shall be deemed to 
 be effected when the delivery would be made according to the 
 ordinary course of post, unless the contrary be shown. 
 
 7. In any case in which any particular number of days, not 
 expressed to be clear days, is prescribed by these Rules, the 
 same shall be reckoned e xclusivel y of the first day and indusivelj 
 of the last day. 
 
 [971] 
 
 [972] 
 
 8. In any cause or matter in which there has been no pro- 
 ceeding for one year from the last proceeding had, the party who 
 [973] desires to proceed shall give a month's notice to the other party 
 of his intention to proceed. A summons on which no order has 
 been made shall not, but notice of trial although countermanded 
 shall, be deemed a proceeding within this Eule. 
 
161 
 
 OEDER LII. Co.?.'.*"™' 
 
 Costs. 
 
 1. Subject to the provisions of these Eules, the costs of and in- 
 cident to all proceedings in the Court, including the administra- 
 tion of estates and trusts, shall be in the discretion of the Court 
 or Vice-ChanceUor : Provided that nothing herein contained shall 
 deprive an executor, administrator, trustee, or mortgagee who has 
 
 not unreasonably instituted or carried on or resisted any proceed- [976] 
 ings, of any right to costs out of a particular estate or fund to 
 which he would be entitled according to the rules hitherto acted 
 upon in the Court : Provided also that, where any issue is tried 
 with a jury, the costs shall foUow the event, unless the Court or 
 Yice-ChanceUor, upon application made at the trial, shall, for 
 good cause, otherwise order. 
 
 2. When issues in fact and law are raised upon a claim or 
 counter-claim, the costs of the several issues respectively, both in [977] 
 law and fact, shall, unless otherwise ordered, foUow the event. 
 
 3. Where upon the hearing of any cause or matter it appears 
 that the same cannot conveniently 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 [9801 
 
 any paper necessary for the use of the Court or Vice-ChanceUor, 
 
 and which, according to its practice, ought to have been delivered, 
 
 such soHcitor shall personally pay to all or any of the parties 
 
 such costs, if any, as the Court or Vice-ChanceUor shall think fit 
 
 to award. 
 
 4. In any cause or matter in which security for costs is re- 
 quired, the security shall be of such amount, and be given at such [991 1 
 times, and in such manner and form, as the Court or Vice- 
 ChanceUor shaU direct. 
 
 5. Where a bond is to be given as security for costs, it shall, 
 
 unless the Court or Vice-ChanceUor shaU otherwise direct, be [9821 
 given to the party or person requiring the security, and not to 
 the Eegistrar, 
 
[986] 
 
 162 
 
 6. If in any case it shall appear to the Court or Vice-Chancellor 
 that costs have been improperly or without any reasonable cause 
 incurred, or that by reason of any undue delay in proceeding 
 under any judgment or order, or of any misconduct or default of 
 the. soUcitor, any costs properly incurred have nevertheless proved 
 fruitless to the person incurring the same, the Court or Vice- 
 ChanceUor may call on the solicitor of the person by whom such 
 costs have been so incurred to show cause why such costs should 
 not be disallowed as between the solicitor and his cUent, and also 
 (if the circumstances of the case shall require) why the solicitor 
 should not repay to his client any costs which the client may have 
 been ordered to pay to any other person, and thereupon may 
 make such order as the justice of the case may require. The 
 Court or Vice-Chancellor may refer the matter to the Eegistrar 
 for inquiry and report. 
 
 7. Where one of the solicitors of the Court is appointed to be 
 guardian ad litem of an infant or person of unsound mind, the 
 Court or Vice- Chancellor may direct that the costs to be incurred 
 in the performance of the duties of such office shall be borne and 
 
 [9881 P^i^' either by the parties or some one or more of the parties to 
 the suit in which such appointment is made, or out of any fund 
 in Court in which such infant or person of unsound may be in- 
 terested, and may give directions for the repayment or allowance 
 of such costs, as the justice and circumstances of the case may 
 require. 
 
 8. A set-off for damages or costs between parties may be 
 [989] allowed notwithstanding the solicitor's lien for costs in the par- 
 ticular cause or matter m which the set-off is sought. 
 
 9. Service of a warrant to tax costs shaU not be necessary in 
 [992] any case where the defendant has not appeared in person, or by 
 
 his solicitor or guardian. 
 
 10. The Eegistrars are the Taxing Officers of the Court, and 
 all references for the Taxation of Costs, shall be made to the 
 Eegistrar, who shall perform all duties in relation to the taxation 
 of costs. 
 
163 
 
 11. Where in pursuance of any direction by the Court or 5^3°/*"^^- 
 Vice-Chancellor or Eegistrar drafts are settled by any Con- 
 veyancing Counsel, the expense of procuring such drafts to be 
 previously or subsequently settled by other counsel, on behalf of 
 the same parties on whose behalf such drafts are settled by such 
 Conveyanciag Counsel, shall not be allowed on taxation as be- 
 tween party and party, or as between sohcitor and client, unless 
 the Court or Vice-ChanceUor or Eegistrar shall otherwise direct. 
 
 12. Upon interlocutory appHcations where the Court or Vice- 
 Chancellor shall think fit to award costs to any party, the Court 
 or Vice-ChanceUor may by the order direct payment of a sum in 
 gross in Ueu of taxed costs, and direct by and to whom, or out of 
 what fund such sum in gross shall be paid. 
 
 [997] 
 
 [998] 
 
 13. The Court or Vice-ChanceUor may, at the hearmg 
 of any cause or matter, or upon any apphcation or procedure 
 in any cause or matter in Court, or in the Chambers of the 
 Eegistrar, and whether the same is objected to or not, direct the 
 costs of any indorsement on a writ of summons, pleading, sum- 
 mons, affidavit, e\idence, notice requiring a statement of claim, 
 notice to produce, admit, or cross-examine witnesses, account, 
 statement, procuring discovery by interrogatories or order, appli- [1002] 
 cations for time, bUls of costs, service of notice of motion or sum- 
 mons, or other proceeding, or any part thereof, which is improper, 
 vexatious, unnecessary, or contains vexatious or unnecessary v ' 
 matter, or is of unnecessary length, or caused by misconduct or 
 negligence, to be disallowed, or may direct the taxing officer to 
 look into the same and to disallow the costs thereof, or of such 
 part thereof as he shall find to be improper, unnecessary, vexa- 
 tious, or to contain unnecessary matter, or to be of unnecessary 
 length, or caused by misconduct or negligence ; and in such case 
 the party whose costs are so disallowed shall pay the costs 
 occasioned thereby to the other parties ; and in any case where 
 such question shall not have been raised before and dealt with by 
 the Court or Vice-Chancellor, it shall be the duty of the taxing 
 officer to look into the same (and, as to evidence, although the 
 
1S4 
 
 Order LH. g^me mav be entered as read in any decree or order) for the pur- 
 
 Coats. <J i_ n 
 
 pose aforesaid, and thereupon the same consequences shaU ensue 
 as if he had been specially directed to do so. 
 
 14. In any case in which under the last preceding Eule, or 
 any other rule of Court, or by the order or direction of the Court 
 or Vice- Chancellor or otherwise, a party entitled to receive 
 costs is liable to pay costs to any other party, the taxing officer 
 may tax the costs such party is so liable to pay, and may 
 
 ^ adjust the same by way of deduction or set-off, or may, if he shall 
 
 think fit, delay the allowance of the costs such party is entitled 
 to receive, until he has paid or tendered the costs he is hable to 
 pay, or such officer may allow or certify the costs to be paid, and 
 the same may be recovered by the party entitled thereto in the 
 same mamaer as costs ordered to be paid may be recovered. 
 
 15. Where any party appears upon any application or pro- 
 ceedhag in Court, or at the Chambers of the Eegistrar in which 
 he is not interested, or upon which, according to the practice 
 of the Court, he ought not to attend, he is not to be allowed 
 any costs of such appearance unless the Court or Vice- 
 Chancellor or the Eegistrar shall expressly direct such costs to 
 be allowed. 
 
 16. The costs of only one application to extend the time for 
 taking any proceeding limited by rules of Court (subject to any 
 special order as to the costs of and occasioned by any such 
 
 ,„j. application) are without special order to be allowed as costs 
 in the cause or matter, but (unless specially ordered) no costs are 
 to be allowed of any further application to the party making the 
 same as against any other party, or an estate or fund in which 
 any other party is interested. 
 
 17. The taxing of&cer shall have authority to arrange and 
 direct what parties are to attend before him on the taxation of 
 
 ^ ' costs to be borne by a fund or estate, and to disallow the costs of 
 any party whose attendance such officer shall in his discretion 
 consider unnecessary, in consequence of the interest of such 
 
 [23) 
 
155 
 
 Order Ln. 
 
 Costs. 
 
 party in such fund or estate being small, or remote, or sufficiently 
 protected by other parties interested. 
 
 18. When any party entitled to costs refuses or neglects to 
 bring in his costs for taxation, or to procure the same to be 
 taxed, and thereby prejudices any other party, the taxing officer 
 shall be at Uberty to certify the costs of the other parties and 
 certify such refusal or neglect, or may allow such party refusing i^°} 
 or neglecting a nonunal or other sum for such costs, so as to 
 prevent any other party being prejudiced by such refusal or 
 neglect. 
 
 19. As to costs to be paid or borne by another party, no costs 
 are to be allowed which do not appear to the taxing officer to 
 
 have been necessary or proper for the attamment of justice, or {39} 
 defending the rights of the party, or which appear to the taxing 
 officer to have been incurred through overcaution, negligence, or 
 mistake, or merely at the desire of the party. 
 
 20. Where the plaintiff is directed to pay to the defendant the 
 costs of the cause, the costs occasioned to a defendant by any 
 amendment of the plaintiff's pleadings shall be deemed to be 
 part of such defendant's costs in the cause (except as to any 
 amendment which shall appear to have been rendered necessary /^j j 
 by the default of such defendant) ; but there shall be deducted 
 
 from such costs any smn which may have been paid by the 
 plaintiff according to the course of the Court at the time of any 
 amendment. 
 
 21. Where upon taxation a plaintiff who has obtained a judg- 
 ment with costs is not allowed the costs of any amendment of 
 his pleadings on the ground of the same being unnecessary, the 
 defendant's costs occasioned by such amendment shaU be taxed, 
 and the amomit thereof deducted from the costs to be paid by 
 the defendant to the plaintiff. 
 
 22. Where an action or petition is dismissed with costs, or a 
 motion is refused with costs, or any costs are by any general or {^3.3^1 
 special order directed to be paid, the taxing officer may tax such 
 
 costs without any order referring the same for taxation, unless 
 
 {33) 
 
166 
 
 Cos°B^"^^^' *^® Court or Vice- Chancellor upon the application of the party 
 alleging himself to be aggrieved prohibits the taxation of such 
 
 costs. 
 
 23. Where it is directed that costs shall be taxed ia case the 
 parties differ about the same, the party claiming the costs shall 
 bring the bill of costs into the office of the taxing officer, 
 and give notice of his having so done to the other party, and at 
 any time within eight days after such notice such other party 
 shall have liberty to inspect the same without fee, if he thinks 
 
 (54) fit. And at or before the expiration of the eight days, or such 
 further time as the taxuig officer shall in his discretion allow, 
 such other party shall either agree to pay the costs or signify his 
 dissent therefrom, and shall thereupon be at liberty to tender a 
 sum of money for the costs ; but where he makes no such tender, 
 or where the party claiming the costs refuses to accept the sum 
 so tendered, the taxmg officer shall proceed to tax the costs ; and 
 where the taxed costs shall not exceed the sum tendered, the 
 costs of the taxation shall be borne by the party claiming the 
 costs. 
 
 24. Where any costs are by any judgment or order directed to 
 be taxed and to be paid out of any money or fund m Court, the 
 
 (35) taxing officer in his certificate of taxation shall state the total 
 amount of all such costs as taxed without any direction for that 
 purpose in such judgment or order. 
 
 25. Any party who may be dissatisfied with the allowance or 
 disallowance by the taxing officer, in any bill of costs taxed by 
 him, of the whole or any part of any items, may, at any time 
 before the certificate or allocatur is signed, deliver to the other 
 party interested therein, and carry in before the taxing officer, 
 
 (^^) an objection in writing to such allowance or disallowance, 
 specifying therein by a list, in a short and concise form, the 
 items, or parts thereof, objected to, and the grounds and reasons 
 for such objections, and may thereupon apply to the taxing 
 officer to review the taxation in respect of the same. 
 
 (40) 26. Upon such application the taxing officer shall reconsider 
 
157 
 
 and review his taxation upon such objections, and lie may, if he oog°g*" '^"• 
 shall think fit, receive further evidence in respect thereof, and, 
 if so required by either party, he shall state either in his certi- 
 ficate of taxation or allocatur, or by reference to such objection, 
 the grounds and reasons of his decision thereon, and any 
 special facts or circumstances relating thereto. 
 
 27. Any party -who may be dissatified with the certificate or 
 allocatur, of the taxing of&cer, as to any item or part of an item 
 which may have been objected to as aforesaid, may within 14 
 
 days from the date of the certificate or allocatur, or such other 
 
 (41) 
 time as the Court or Vice-Ohancellor, or taxing officer, at the ' 
 
 time he signs his certificate or allocatur, may allow, apply to 
 the Court or Vice- Chancellor for an order to review the taxation 
 as to the same item or part of an item, and the Court or Vice- 
 Chancellor may thereupon make such order as may seem just ; 
 but the certificate or allocatur of the taxing officer shall be final 
 and conclusive as to all matters which shall not have been 
 objected to in manner aforesaid. 
 
 28. Such apphcation shall be heard and determined upon the 
 evidence which shall have been brought in before the taxing 
 officer, and no further evidence shall be received upon the ^^^1 
 heariug thereof, unless the Court or Vice-Chanoellor shall other- 
 wise direct. 
 
 29. Where a cause or matter which stands for trial is called 
 on to be tried, but cannot be decided by reason of a want of 
 parties or other defect on part of the plaintiff, and is therefore (SO) 
 struck out of the paper, and the same cause is again set down, 
 
 the defendant shall be allowed the taxed costs occasioned by the 
 first setting down, although he does not obtain the costs of the 
 cause or matter. 
 
 30. Where a party gives a notice of motion, and does not 
 move accordingly, he shall pay to the other side, costs to be 
 taxed by the taxing officer, unless the Court or Vice-Chancellor 
 shall direct, upon production of the notice of motion, what sum 
 shall be paid for costs. 
 
168 
 
 Order LII. 
 Ooata. 
 
 {55) 
 
 m 
 
 31. Where, in proceedings before the taxing officer, any party 
 is guilty of neglect or delay, or puts any other party to any 
 unnecessary or improper expense relative to such proceedings 
 the taxing officer may direct such party or his solicitor to pay 
 such costs as he may think proper, or deal with them under 
 Eule 14 of this Order. 
 
 32. Every biU of costs which shall be left for taxation shall 
 be indorsed with the name and address of the solicitor by whom 
 it is so left, and also the name and address of the solicitor (if any) 
 for whom he is agent, including any solicitor who is entitled or 
 intended to participate in the costs to be so taxed. 
 
 Order LHI. 
 NoticeB, &c. 
 
 [1003] 
 
 [1004] 
 
 [1005] 
 
 [1006] 
 [1007] 
 
 OEDEE LHI. 
 
 Notices, Pkinting, Papee, Copies, Office Copies, Minutes, &c. 
 
 1. All notices required by these Eules shall be in writing, 
 unless expressly authorised by the Court or Vice- Chancellor to 
 be given orally. 
 
 2. AU accounts, copies, and papers left at Chambers, shall be 
 written upon foolscap paper, bookwise, unless the nature of the 
 document renders it impracticable. BiUs of Costs shall be 
 written on bills of costs paper, with double columns, and on one 
 side of the paper only. 
 
 3. Proceedings required to be printed shall be printed on 
 cream wove machine drawing foolscap folio paper, 19Ibs. per 
 miU ream, or thereabouts, in pica type, leaded, with an inner 
 margin about three-quarters of an inch wide, and an outer 
 margin about two inches and a half wide. 
 
 4. Any affidavit may be sworn to either in print or in manu- 
 script, or partly in print and partly in manuscript. 
 
 6. Where any written deposition of a witness has been filed 
 for use on a trial, such deposition shall be printed, unless other- 
 wise ordered. 
 
159 
 
 6. The Eules of Court as to printing depositions and affidavits noS'&P^' 
 to be used on a trial shall not apply to depositions and affidavits 
 
 which have previously been used upon any proceeding without LlUlloJ 
 having been printed. 
 
 7. Where, pursuant to these Eules, any pleadmg, notice, special 
 case, petition of right, deposition, or affidavit is to be printed, and 
 where any printed or other office copy of any such document is to 
 be taken, the following regulation shall be observed : — 
 
 (a) The party on whose behalf the deposition or affidavit is 
 taken and filed is to print the same in the manner 
 provided by Eule 3 of this Order. 
 
 (6) To enable the party printing to print any deposition or 
 affidavit, the Eegistrar shall, on demand, deliver 
 to such party a copy, written on draft paper, on one 
 side only. 
 
 (c) The party printing shall, on demand in writing, furnish to 
 
 any other party, or his sohcitor, any number of printed 
 copies, not exceeding ten, upon payment therefor, at the [1009] 
 rate of Id. per folio for one copy, and Jd. per folio for 
 every other copy. 
 
 (d) As between a sohcitor deUvermg any printed copies and 
 
 his chent, credit shall be given by the sohcitor for the 
 whole amount payable by any other party for such 
 printed copies. 
 
 (e) The party entitled to be furnished with a print, shall not 
 
 be allowed any charge in respect of a written copy, 
 unless the Court or Vice-ChanceUor shaU otherwise 
 direct. 
 (/) The party by or on whose behalf any deposition, affidavit, 
 or certificate is filed, shall leave a copy vnth the 
 Eegistrar, who shall examine it with the original, and 
 mark it as an office copy ; such copy shall be a copy 
 printed as above provided, where such deposition or 
 affidavit is to be printed. 
 
160 
 
 Order hUl. 
 Notices, &c. 
 
 [1002] 
 
 (S3) 
 (54) 
 
 [g) The party or solicitor who has taken any printed or written 
 office copy of any deposition or affidavit, is to produce 
 the same upon every proceeding to which the same 
 relates. 
 
 (h) In cases in which an original affidavit can be used, and to 
 which Order XXXV., Eule 15, applies, it shall not be 
 necessary to take an office copy. 
 
 (i) It shall not be necessary to take an office copy of an affidavit 
 of discovery of documents, and the copy dehvered by the 
 party filing it may be used as against such party. 
 
 {j) Where any party is entitled to a copy of any deposition, 
 affidavit, proceeding or document, filed or prepared by 
 or on behalf of another party, which is not required to 
 be printed, such copy shall be furnished by the party 
 by or on whose behalf the same has been filed or 
 prepared. 
 
 [k) The party requiring any such copy, or his solicitor, is to 
 make a written application to the party by whom the 
 copy is to be furnished, or his soUcitor, with an. under- 
 taking to pay the proper charges, and thereupon such 
 copy is to be made, and ready to be delivered at the 
 expiration of twenty-four hours after the receipt of such 
 request and undertaking, or within such other time as 
 the Court or Vice-Chancellor may in any case direct, 
 and is to be furnished accordingly upon demand and 
 payment of the proper charges. 
 
 7) In the case of an ex parte apphcation for an injunction or 
 writ of ne exeat regno, the party making such apphca- 
 tion is to furnish copies of the affidavits upon which it 
 is granted, upon payment of the proper charges, imme- 
 diately upon the receipt of such written request and 
 undertaldng as aforesaid, or within such time as may 
 be specified in such request, or may have been directed 
 by the Court or the Vice-Chancellor. 
 
161 
 
 (m) It shall be stated in a note at the foot of every affidavit Noa'eJl &o! 
 filed, on whose behalf it is so filed, and such note shall 
 be printed on every printed copy of an affidavit or set 
 of affidavits, and copied on every office copy and copy 
 furnished to a party. 
 
 (n) The name and address of the party or solicitor by whom 
 any copy is furnished is to be indorsed thereon, in like 
 mamier as upon proceeduigs in Court, and such party 
 or soHcitor is to be answerable for the same bemg a 
 true copy of the original, or of an office copy of the 
 original of which it purports to be a copy, as the case 
 may be. 
 
 (o) The folios of all printed and written office copies, and 
 copies deHvered or furnished to a party, shall be 
 numbered consecutively in the margin thereof, and 
 such written copies shall be written in a neat and 
 legible manner on the same paper as in the case of 
 printed copies. 
 
 (p) In case any party or sohcitor who shall be required to 
 furnish any such written copy as aforesaid, shall either 
 refuse, or for twenty-four hours from the time when 
 the application for such copy has been made, neglect to 
 furnish the same, the person by whom such application 
 shall be made shall be at liberty to procure an office 
 copy from the Chancery Office ; and m su.ch case no 
 costs shall be payable to the soHcitor so making default 
 in respect of the copy so applied for. 
 
 (q) Where by any order of the Court or Vice-Chancellor 
 any pleading, evidence, or other document is ordered 
 to be printed, the Court or Vice-ChanceUor may ordei: 
 the expense of printing to be borne and allowed, and 
 printed copies to be furnished, by and to such parties, 
 and upon such terms as shall be thought fit. 
 
162 
 
 Order LiV. 
 Service of 
 orders, &o. 
 
 [1012] 
 
 [1013] 
 
 [1014] 
 
 [1015] 
 
 [1016] 
 
 OEDEE LIV. 
 Service op Oedbes, &c. 
 
 1. Except in the case of an order for attachment, it shall not 
 be necessary to the regular service of an order that the original 
 order be shown if an office copy of it be exhibited. 
 
 2. All writs, notices, pleadings, orders, summonses, warrants, 
 and other documents, proceedings, and written communications, 
 in respect of which personal service is not requisite, shall be 
 sufficiently served if left within the prescribed hours at the 
 address for service of the person to be served, as defined by 
 Orders V. and XII., with any person resident at or belonging to 
 such place. 
 
 3. Notices sent from the Chancery Office may be sent by post, 
 and the time at which the notice so posted would be delivered in 
 the ordinary course of post shall be considered as the time of 
 service thereof, and the posting thereof shall be a sufficient 
 service. 
 
 4. Where no appearance has been entered for a party, or 
 where a party or his solicitor, as the case may be, has omitted 
 to give an address for service, as required by Orders V. and XII., 
 all writs, notices, pleadmgs, orders, summonses, warrants, and 
 other documents, proceedings, and written communications, m 
 respect of which personal service is not requisite, may be served 
 by filing them at the Chancery Office. 
 
 5. Where personal service of any writ, notice, pleading, order, 
 summons, warrant, or other document, proceeding, or written 
 communication is required by these Eules or otherwise, the 
 service shall be effected as nearly as may be in the manner 
 prescribed for the personal service of a writ of summons. 
 
 6. Where appearance has been entered for a party then all 
 such writs, notices, orders, warrants, appointments, and other 
 documents proceedings, and written communications, shall be 
 
163 
 
 deemed sufficiently served upon such party, if left for or duly se^^lt^^' 
 
 posted to him at his address for service. But no service by post o'**!*' *■"• ■ 
 
 shall be deemed sufficient where the post office at which the 
 
 writ, notice, order, warrant, appointment, or other document, 
 
 proceeding, or written commimication is posted, is situate within 
 
 the limits of the same Parliamentary borough as the place to 
 
 which the letter posted is addressed ; and the Court, or Vice- 
 
 Chancellor, or Eegistrar may, when and if it or he shall think 
 
 fit, ill any ease in which there has been only postal service on 
 
 any person, stay the issuing of any process, or the drawing up 
 
 or proceeding on any order in any manner affecting such person, 
 
 untn the expiration of a period to be named by the Court, or 
 
 Vice-Chancellor, or Eegistrar respectively, after proof shall have 
 
 been given to the Eegistrar of service of notice of such order 
 
 having been made on such person otherwise than by post. 
 
 7. Affidavits filed for the purpose of proving service of writs, 
 notices, orders, warrants, appointments, and other documents, 
 proceedings and written communications, by post, shaU state the 
 time and the post-office when and at which the letter or packet 
 posted for effectiag such service was so posted, and shall also 
 state the words and figures forming the address of the letter or 
 packet so posted. 
 
 8. Where personal service of any writ, notice, pleading, 
 summons, order, warrant, or other document, preceeding, or 
 written communication is required by these Eules or otherwise, 
 and it is made to appear to the Court or Vice- Chancellor that 
 prompt personal service cannot be effected, the Court or Vice- 
 Chancellor may make such order for substituted or other service, 
 or for the substitution of notice for service by letter, public 
 advertisement, or otherwise, as may be just. 
 
 [1017] 
 
 9. Where a party after having sued or appeared in person has 
 given notice in writing to the opposite party or his solicitor, 
 through a solicitor, that such solicitor is authorised to act in the 
 cause or matter on his behalf, all writs, notices, pleadings, 
 summonses, orders, warrants, and other documents, proceedings, 
 
 [1018] 
 
164 
 
 Order LIV. 
 Service of 
 orders, See, 
 
 [1019] 
 
 [1020] 
 
 and ■written communications which ought to be delivered to or 
 served upon the party on whose behalf the notice is given, shall 
 thereafter be delivered to or served upon such solicitor. 
 
 10. Where a person who is not a party appears in any pro- 
 ceeding, service upon the solicitor by whom such party appears, 
 whether such solicitor act as principal or agent, shaU be deemed 
 good service, except in matters requiring personal service. 
 
 11. Affidavits of service shall state when, where, and how and 
 by whom, such service was effected. 
 
 Order LV. 
 
 ESeot of 
 Bon-oompliance. 
 
 [1037] 
 
 [1038] 
 
 ORDER LV. 
 
 Effect of Non-Compliance. 
 
 1. Non-compliance with any of these Rules, or with any rule 
 of practice, for the time being in force, shall not render any 
 proceedings void unless the Court or Vice-ChanceUor shall 
 so direct, but such proceedings may be set aside either wholly or 
 in part as irregular, or amended, or otherwise dealt with, in 
 such manner, and upon such terms, as the Court or Vice- 
 Chancellor shall think fit. 
 
 2. No application to set aside any proceeding for irregularity 
 shall be allowed unless made within reasonable time, or if the 
 party applying has taken any fresh step after knowledge of the 
 irregularity. 
 
 3. Where an application is made to set aside proceedings for 
 [1039] irregularity, the several objections mtended to be insisted upon 
 
 shall be stated in the summons or notice of motion. 
 
 4. When a summons is taken out to set aside any process or 
 proceeding for irregularity with costs, and the summons is dis- 
 missed generally without any special direction as to costs, it is 
 to be understood as dismissed with costs. 
 
 [1040] 
 
165 
 
 OEDEE LVI. , Order LVI. 
 
 Interpretation of 
 
 Inteepeetation of Teems, &c. ' ' 
 
 1. In the construction of these Orders and Eules, unless there 
 is anything ia the subject or context repugnant thereto, the 
 several words hereinafter mentioned have or include the meanings 
 following, that is to say — 
 
 " Court" means the Court of Chancery of the County Palatine 
 of Lancaster. 
 
 " Chancellor" means the Chancellor of the Duchy and County 
 Palatine of Lancaster. 
 
 " Vice-ChanceUor " and "Judge" mean the Vice- Chancellor 
 of the County Palatine of Lancaster. 
 
 " Eegistrar " means the Eegistrar of the District to which the 
 cause or matter is attached. 
 
 " Chancery Of&ce " means the office of the Court in the 
 District to which the cause or matter is attached. 
 
 " Messenger" means the Messenger of the Court of Chancery 
 of the County Palatine of Lancaster. 
 
 " Bank," except in Order XXIX., Eule 26, means as follows, 
 that is to say, so far as regards a suit or proceeding, the matters 
 in respect of which are hereby directed to be transacted by or m 
 the office of the Eegistrars of the Liverpool and Manchester 
 districts, the Branch Bank of England at Liverpool and Man- 
 chester respectively ; and so far as regards a suit or proceeding, 
 the matters in respect of which are hereby directed to be trans- 
 acted by or in the office of the Eegistrar of the Preston district 
 (except in cases where moneys or securities are to be or are paid, 
 transferred, or deposited under the 13th section of the Court of 
 Chancery of Lancaster Act, 1854), such Bank as shall from time 
 to time be appointed in writing, signed by the Chancellor ; and 
 so far as regards a proceeding where the address for service of 
 the solicitor of any party desirous of paying, transferring, or 
 depositing any monies or securities into or in any Branch of the 
 
166 
 
 inteiretS o( ^ank of England, under the IStli section of the Court of Chan- 
 termB,&c. ^^^j ^t^ Lancaster Act, 1854, or of the party himself, if he shall 
 
 have no solicitor, shall be situate in the Preston district, the 
 Branch Bank of England at Liverpool or Manchester, rato which 
 such party shaU be desirous of paying or depositing such monies 
 or securities. 
 
 " Eules of Court " include forms. 
 
 " Cause" includes any action, suit, or other original proceeding 
 between a plaintiff and a defendant. 
 
 " Suit " includes action. 
 
 " Action " means a civil proceeding commenced by writ, or in 
 such other manner as may be prescribed by Eules of Court. 
 
 " Plaintiff" includes every person asking any relief (otherwise 
 than by way of counter claim as a defendant) against any other 
 person, by any form of proceeding, whether the same be taken 
 by action, suit, petition, motion, claim, summons, or otherwise. 
 
 "Petitioner" includes every person making any appHcation 
 to the Court, or to the Vice-ChanceUor, whether by petition, 
 motion, claim, or summons, otherwise than against any 
 defendant. 
 
 " Defendant ' includes every person served with any writ of 
 summons or process, or served with notice of, or entitled to 
 attend, any proceedings. 
 
 "Party" includes every person served with notice of, or 
 attending any proceeding, although not named in the record. 
 
 "Eeceiver" includes consignee or manager appointed by or 
 under an order of Court. 
 
 " Originating Petition," " Originating Notice of Motion," 
 "Originating Summons" mean respectively petition, notice of 
 motion, or summons by which proceedings are commenced 
 without writ. 
 
 "Matter" includes every proceeding in the Court not in a 
 cause. 
 
167 
 "Pleading" includes every petition, claim, or summons, and ^ order lvi. 
 
 - ./ J. ^ J ) Interpretation of 
 
 also every statement in writing of the claim or demand of .any *^™^' *"• 
 plaiatiEf, and of the defence of any defendant thereto, and the 
 reply of the plaintiff to any counter claim of a defendant. 
 
 " Judgment " includes decree. 
 
 " Order " includes rule. 
 
 "Oath" mcludes solemn affirmation and statutory declara- 
 tion. 
 
 "Affidavit" includes affirmation and attestation upon honour, 
 and the word " sworn " includes affirmed and attested upon 
 honour. 
 
 Words importing the masculine gender include females. 
 
 Words importing individual persons include bodies politic or 
 corporate. 
 
 2. In these Eules, unless repugnant to the context, the 
 singular number shaU include the plural, and the plural number [1042] 
 shall include the singular. 
 
 OEDEE LVII. Order Lvn. 
 
 General 
 provisionB. 
 CtENEBAL rEOVISIONS. 
 
 1. Nothing in these Orders or Eules contained shall extend to 
 authorise the making of any claim, or of any set-off, or counter 
 claim, which it may be beyond the ordinary or the statutory 
 jurisdiction of the Court to grant : as, for instance, respecting 
 matters which previously to the coming into operation of the 
 Judicature Act, 1873, were withm the exclusive jurisdiction of 
 the High Court of Admiralty, or of the Court of Probate, and 
 which are now within the exclusive jurisdiction of the High 
 Court of Justice. 
 
 2. If in any case it shall be found that the procedure and 
 practice in respect of actions, or of other matters to which 
 
168 
 
 GenerS ■'^^^^l, these Orders or Eules relate, is not iii any particulars fully 
 provisions. (, ^^^ adequately provided for by these Eules, ana^lEeTRules aSd 
 ' ' Orders already in force in the Court and not included in the 
 repeals enumerated in Schedule M, the course of procedure and 
 practice adopted in the Chancery Division of the High Court of 
 Justice shall be followed in those particulars, unless, under the 
 special circumstances of any case, the Court or Vice- Chancellor 
 shall otherwise direct. 
 
 nnd-Qi ^' ■'^° Order or Eule annulled by any former Order shall 
 
 be revived by any of these Eules, unless expressly so declared. 
 
169 
 
 APPENDIX A. 
 
 PART I. 
 FORMS OF WRITS OF SUMMONS, &c. 
 
 No. 1. 
 Weits for Service within the Jurisdiction. 
 
 188 [Hei-e put the letter and number.] 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 Between A. B., . . . Plaintiff 
 and 
 0. D. and E. F., Defendants, 
 
 Victoria, by the grace of God, &c. 
 
 To C. D. of , in the County of 
 
 , and E. F. of 
 
 We command you that within eight days after the service of this 
 v.Tit on jou, inclusive of the day of such service, you do cause an 
 appearance to be entered for you in the District 
 
 Registry of our Court of Chancery of our County Palatine of 
 Lancaster in an action at the suit of A. B., and take notice that in 
 default of your doing so, the plaintiff may proceed therein, and 
 j udgment may be given in your absence. Witness, 
 
 John George Dodson, 
 Chancellor of the Duchy and County Palatine of Lancaster. 
 
170 
 
 Memorandum to be subscribed on Writ. 
 
 N B. — This writ is to be served within [twelve] calendar months 
 from the date thereof, or, if renewed, from the date of such 
 renewal, including the day of such date, and not afterwards. 
 The defendant [or defendants] may appear hereto by entering 
 
 an appearance [or appearances], either personally or by solicitor at 
 
 the Chancery Office at 
 
 Indorsement to be made on the Writ before issue thereof. 
 
 The plaintiff's claim is for, &c. 
 
 This writ was issued by the said plaintiff, who resides at , or, 
 
 this writ was issued by E.F.. of , whose address for service is 
 
 , solicitor for the said plaintiff, who resides at , or, this writ 
 was issued by O. H., of , whose address for service is , agent 
 for of , solicitor for the said plaintiff, who resides at 
 
 [mention the city, town, or parish, and also the name of the street and 
 number of the home of the plaintiff's residence, if any.'\ 
 
 Indorsement to be made on the wnt after service thereof. 
 
 This writ was served by me at on the defendant on 
 
 the day of 18 . 
 
 Indorsed the day of 18 . 
 
 (Signed) 
 (Address) 
 
 No. 2. 
 
 Wbit fob Service out op the Jurisdiction, or wheee Notice 
 
 IN LIEU OF Service is to be given out of the Jurisdiction. 
 
 188 [Here put the letter and number.] 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 Between A. B., . ^ . Plaintiff, 
 and 
 C. D. and E. F., Defendants. 
 
171 
 
 Victoria, by the grace of God, &c. 
 To 0. D. of 
 
 We command you, C. D., that within [here insert the number of 
 days directed by the Court or V ice-Chancellor ordering the service or 
 notice^ after the service of this writ [or notice of this writ, as the case 
 may be] on you, inclusive of the day of such service, you do cause 
 an appearance to be entered for you in the 
 
 District of our Court of Chancery of our County Palatine of Lan- 
 caster in an action at the suit of A.B , and take notice that in 
 default of your so doing the plaintiff may proceed therein, and judg- 
 ment may be given in j'our absence. Witness, &c. 
 Memorandum and indorsement as in No. 1. 
 
 huLorsement to be made on the Writ before the issue thereof. 
 
 N.B. — The writ is to be used where the defendant or all the 
 defendants or one or more defendant or defendants is or are out of 
 the jurisdiction. When the defendant to be served is not a British 
 subject, and is not in British dominion, notice of the writ, and not 
 the writ itself, is to be served upon him. 
 
 No. 3. 
 
 Notice or Weit in lieu of Seevice to be given out of the 
 
 JUEISDICTION. 
 
 [^Heading as in Form 1.] 
 
 To G. H., of 
 
 Take notice that A. B., of , has 
 
 commenced an action against you, G. H., in the 
 District of Her Majesty's Court of Chancery of Her County Palatine 
 of Lancaster in England by writ of that Court, dated the 
 day of A.D. 18 ; which writ is indorsed as follows [copy 
 
 in full the indorsements], and you are required within days 
 
 after the receipt of this notice, inclusive of the day of such receipt, 
 M 2 
 
172 
 
 to defend the said action by causing an appearance to be entered for 
 you in the said Court to the said action ; and in default of your so 
 doing, the said A. B. may proceed therein, and judgment may be 
 given in your absence. You may appear to the said writ by entering 
 an appearance personally or by your solicitor at the Chancery 
 Office at 
 
 (Signed) A. B., of , &c. 
 
 or 
 X. Y., of , &o. 
 
 Solicitor for A. B. 
 
 No. 4. 
 Poem of Memorandum foe Bene wed Weit. 
 
 [Heading as in Form, l.j 
 
 Seal renewed writ of summons in this action indorsed as follows :- 
 [Copy original writ and the itidorsements. 
 
 PART II. 
 
 FOEMS OF ENTEY OF APPEAEANCE. 
 
 No. 1. 
 
 Memobandum of Appeaeance in Geneeal. 
 
 188 [Here put theletter and jiumher.] 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 A. B. w. C. D. and others. 
 Enter an appearance for 
 in this action. 
 
173 
 
 Dated this day of 
 
 X. Y., 
 
 Solicitor for the Defendant. 
 The place of business of X, Y. is 
 His address for service is 
 
 [or C. D. 
 
 Defendant in person. 
 
 The address of G. D. is 
 His address for service is 
 
 No. 2. 
 
 Notice of Entry of Appeaeance. 
 [Heading as in Form l.J 
 
 Take notice, that have this day entered an appearance at the 
 Chancery Office, at for the defendant to the writ of 
 
 summons in this action. 
 
 [J/ statement of claim is required, add] The said defendant 
 require delivery of a statement of claim. 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 of 
 Agent for 
 
 Solicitor for the defendant . 
 
 To 
 
 No. 3. 
 Entry of Appearance, Order XVI., Rule 50. 
 \Headin(j as in Form 1.] 
 Enter an appearance for to the notice issued in this 
 
174 
 
 action on the day of 18 by the defendant 
 
 under the Rules of the Court of Chancery of the County Palatine 
 of Lancaster, 1884, Order XVI., Rule 50. 
 
 Dated the day of 18. 
 
 (Signed) 
 
 of 
 Agent for 
 of 
 
 No. 4. 
 
 Entry of Appearance, Order XVII., Rule 6. 
 
 [Heading as in Form 1.] 
 
 Enter an appearance for , who has been served with an 
 
 order dated the day of to carry on and prosecute 
 
 the proceedings in this action. 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 of 
 Agent for 
 of 
 
 No. 5. 
 
 Entry op Appearance to Counter- Claim. 
 
 [Heading as in Form 1.] 
 
 Enter an appearance for to the counter-claim of the 
 
 above-named defendant in this action. 
 
 Dated the day of 18. 
 
 (Signed) 
 
 of 
 Agent for 
 of 
 
175 
 No. 6. 
 
 AFFIDA^^T FOE EnTEY OF APPEAEANCE AS GUAEDIAN. 
 
 [Headini/ cis ii> Form 1.] 
 
 I, of make oath and say as follows : — 
 
 A. B., of is a fit and proper person to act as guardian 
 
 ad litem of the above-named infant defendant, and has no interest 
 in the matters in question in this action [matter] adverse to that of 
 the said infant, and the consent of the said A.B. to act as such 
 guardian is hereto annexed. 
 Sworn, &c. 
 
 [To this Affidavit shall he annexed the document signed by such 
 guardian in testimony of his consent to act.] 
 
 PAET III. 
 
 GENEEAL INDOESEMENTS ON WEITS OF 
 SUMMONS. 
 
 section i. 
 
 Geneeal Indorsements. 
 
 I. Creditor to administer Estate. 
 
 The plaintiff's claim is as a creditor of X. Y. of 
 
 , deceased, to have the [real and] personal estate of the 
 said X. Y. administered. The defendant C. D. is sued as the 
 administrator of the said X. Y. [and the Defendants E. F. and 
 O. H. as his co-heirs at law]. 
 
 II. Legatee to administer Estate. 
 
 The plaintiff's claim is as a legatee under the will dated the 
 day of , 18 , of X. Y. deceased, to have the [real and] 
 
 personal estate of the said X. Y. administered. The defendant C. D. 
 is sued as the executor of the said X. Y. [and the defendants E. F. 
 and G. H. as his devisees]. 
 
176 
 
 III. Partnership. 
 The plaintififs claim is to have an account taken of the partnership 
 dealings between the plaintiff and defendant [under articles of part- 
 nership dated the day of ] and to have the 
 affairs of the partnership wound up. 
 
 IV. By Mortgagee. 
 
 The plaintiffs claim is to have an account taken of what is due to 
 him for principal, interest, and costs, on a mortgage dated the 
 
 day of , made between [or by 
 
 deposit of title-deeds], and that the mortgage may be enforced by fore- 
 closure or sale. 
 
 V. By Mortgagor. 
 
 The plaintiff's claim is to have an account taken of what, if 
 anything, is due on a mortgage dated , and made 
 
 between [parties], and to redeem the property comprised therein. 
 
 VI. Eaising Portions. 
 The plaintiff's claim is that the sum of 
 which by an indenture of settlement dated , 
 
 was provided for the portions of the younger children of , 
 
 may be raised. 
 
 VII. Execution of Trusts. 
 The plaintiff's claim is to have the trusts of an indenture dated 
 , and made between , carried 
 
 into execution. 
 
 VIII. Cancellation or Rectification. 
 The plaintiffs claim is to have a deed dated , and 
 
 made between [parties], set aside or rectified. 
 
 IX. Specific Perfonnance. 
 The plaintiff's claim is for specific performance of an agreement 
 dated the day of , for the sale by the 
 
 plaintiff to the defendant of certain [freehold] hereditaments at 
 
177 
 X. Account against Agent. 
 
 The plaintiff's claim is for an account of the defendant's dealings 
 as his agent under an agreement dated 
 
 XI. Fraud. 
 
 The plaintiff's claim is for the return of money obtained from the 
 plaintiff by fraud. 
 
 Xn. Contribution in cases of Co -Suretyship. 
 
 The plaintiff's claim is for contribution in respect of money paid 
 by the plaintiff as a co-surety. 
 
 XIII. Injunction. 
 
 The plaintiff's claim is for an injunction to restrain the defendant 
 from 
 
 (a.) Taking away the support of the plaintiff's land [or house or 
 mine'\. 
 
 (b.) Wrongfully obstructing a way. 
 
 (c.) Wrongfully diverting [or obstructing, or polluting, or divert- 
 ing water from] a watercourse. 
 
 (d.) Wrongfully discharging water upon the plaintiff's land [or 
 into the plaintiffs mine]. 
 
 (e.) Wrongfully obstructing the plaintiff's use of a well. 
 
 (f.) Obstructing the access of light to plaintiff's house. 
 
 (g.) Infringing the plaintiff's patent. 
 
 (h.) Infringing the plaintiff's copyright. 
 
 (i.) Wrongfully using [or imitating] the plaintiff's trade mark. 
 
 (j.) Damaging the plaintiff's house, trees, crops, ic, by noxious 
 vapours from the defendant's factory [or, dc] 
 
 (k ) Causing a nuisance by noise from the defendant's works 
 [or stables, or, dc] 
 
 and for damages. 
 
178 
 
 Section II. 
 
 Indorsements of Chaeacteb of Pasties. 
 
 The plaintiflf's claim is as executor [or administrator] of C. D. 
 deceased, for, &c. 
 
 The plaintiff's claim is against the defendant A. B. as executor 
 [or, &c.] of C. D., deceased, for, &c. 
 
 The plaintiff's claim is against the defendant A. B. as executor of 
 X. Y., deceased, and against the defendant C. D. in his personal 
 capacity for, &c. 
 
 The plaintiff's claim is as trustee under the bankruptcy of A. B. 
 for 
 
 The plaintiff's claim is against the defendant as trustee under the 
 bankruptcy of A. B. for 
 
 The plaintiff's claim is as [or the plaintiff's claim is against the 
 defendant as] trustee under the will of A. B. [or under the settlement 
 upon the marriage of A. B. and X. Y. his wife.] 
 
 The plaintiff 's claim is as public officer of the 
 Bank for 
 
 The plaintiff's claim is against the defendant as public officer of 
 the Bank for 
 
 The plaintiff's claim is against the defendant A. B. as principal 
 and against the defendant C. D. as public officer of the 
 Bank as surety for 
 
 The plaintiff's claim is against the defendant as heir-at-law of 
 A, B., deceased. 
 
 The plaintiff's claim is against the defendant C. D. as heir-at-law 
 and against the defendant E. F. as devisee of lands under the will 
 of A. B. 
 
179 
 
 APPENDIX B. 
 
 NOTICES, &c. 
 
 No. 1 
 
 Third Pat.ty Notice. 
 
 188 [Here put the letter and mmiber.] 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 To Mr. X. Y. 
 
 Take notice that this action has been brought by the plaintiff 
 against the defendant, as surety for M. N,, upon a bond conditioned 
 for payment of £2000 and interest to the plaintiff. 
 
 The defendant claims to be entitled to contribution from you to 
 the extent of one-half of any sum which the plaintiff may recover 
 against him, on the ground that you are [his co-surety under the said 
 bond, or also surety for the said M. N. in respect of the said matter, 
 under another bond made by you in favour of the said plaintiff, dated 
 the day of ad. J. 
 
 And take notice that if you wish to dispute the plaintiff's claim 
 in this action as against the defendant CD., you must cause an 
 appearance to be entered for you within eight days after service of 
 this notice. 
 
 In default of your so appearing, you will be deemed to admit the 
 validity of any judgment obtained against the defendant CD., and 
 
180 
 
 your own liability to contribute or indemnify to the extent herein 
 claimed, which may be summarily enforced against you pursuant to 
 the Eules of the Court, 1884, Order XVI., Part VI. 
 
 (Signed) E. T. 
 Or, 
 
 X.Y., 
 
 Solicitor for the Defendant, 
 E.T. 
 
 Appearance to be entered at the Chancery Office at 
 
 No. 2. 
 
 Notice of Countee-Claim. 
 
 [Heading as in Form 1.] 
 
 To the within-named X Y. 
 
 Take notice that if you do not appear to the within counter-claim 
 of the within-named C. D. within eight days from the service of 
 this defence and counter-claim upon you, you will be liable to have 
 judgment given against you in your absence. 
 
 Appearance to be entered at the Chancery Office at 
 
 No, 3. 
 
 Confession of Defence. 
 
 [Heading as in Form 1.] 
 
 The plaintiff confesses the defence stated in the 
 paragraph of the defendant's statement of defence [or of the defen- 
 dant's further statement of defence.'] 
 
181 
 
 No. 4. 
 
 Interrogatories. 
 
 188 [Here put the letter and number. \ 
 
 In the Chaucery of the Coimt}- Palatine of Lancaster, 
 District. 
 
 Between A. B Pkintiflf, 
 
 and 
 C. D., E. F. and G. H., Defendants. 
 
 Interrogatories ou behalf of the above-named [-plaintiff or defen- 
 dant C. D'\, for the examination of the above-named [defendant E . 
 F. and G. H., or plaintiff] 
 
 1. Did not, &c. 
 
 a. Has not, &c. 
 &c., &c., &c. 
 
 [The defendant E. F. is required to answer the interrogatories 
 mimbered .] 
 
 [The dejendant G. H. is required to answer the interrogatories 
 numbered .] 
 
 No. 5. 
 Answee to Intebbogatories. 
 
 [Heading as in Form 4. J 
 
 The answer of the above-named defendant E. F. to the interroga- 
 tories for his examination of the above-named plaintiff. 
 
 In answer to the said interrogatories, I the above-named E. F. 
 make oath and say as follows : — 
 
182 
 No. 6. 
 
 Affidavit as to Documents. 
 
 [Heading as in Form 1.] 
 
 I the above-named defendant C. D. make oath and say as 
 follows : — 
 
 1. I have in my possession or power the documents relating to 
 the matters in question in this suit set forth in the first and second 
 parts of the first schedule hereto. 
 
 2. I object to produce the said documents set forth in the second 
 part of the said first schedule hereto. 
 
 3. That [here state upon what grounds the objection is made, and 
 verify the facts as far as may be]. 
 
 i. I have had, but have not now, in my possession or power, the 
 documents relating to the matters in question in this suit set forth 
 in the second schedule hereto. 
 
 5. The last-mentioned documents were last in my possession or 
 power on [state ichen] 
 
 6. That [here state what has become of the last-mentioned 
 documents and in whose possession they now are.] 
 
 7. According to the best of my knowledge, information, and 
 belief, I have not now and never had in my possession, custody, or 
 power, or in the possession, custody, or power of my solicitors or 
 agents, solicitor or agent, or in the possession, custody, or power of 
 any other persons or person on my behalf, any deed, account, book 
 of account, voucher, receipt, letter, memorandum, paper or writing, 
 or any copy of or extract from any such document, or any other 
 document whatsoever, relating to the matters in question in this 
 suit or any of them, or wherein any entry has been made relative to 
 such matters or any of them, other than and except the documents 
 set forth in the said first and second schedules hereto. 
 
188 
 
 No. 7. 
 
 Notice to Produce Documents. 
 
 [Heading as in Form 1.] 
 
 Take uolice that the [plaintiff or defendant] requires you to 
 
 produce for his inspection tlie following documents referred to in 
 
 your [stalemenl of claim, or defence, or affidavit, dated the 
 
 day of , A.D. .J 
 
 [Describe documents required.'] 
 
 X. Y., 
 
 Solicitor to the 
 ToZ., 
 
 Solicitor for 
 
 No, 8. 
 
 Notice to Inspect Documents. 
 [Heading as in Form 1.] 
 
 Take notice that you can inspect the documents mentioned in 
 your notice of the day of , a.d. 
 
 [except the deed numbered in that notice] at [insert place of 
 
 inspection] on Thursday next, the instant, between the 
 
 hours of 12 and 4 o'clock. 
 
 Or that the [plaintiff or defendant] objects to giving you inspec- 
 tion of the documents mentioned in your notice of the 
 day of A.D. , on the ground tliat [state the ground.] 
 
 No. 9. 
 
 Notice to adiht Documents. 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 A. B. V. C. D. 
 
 [Or in the nmtter of, dc] 
 
 Take notice tiiat the [ilaintif! [or defendant] in this, cause [or the 
 
184 
 
 petitioner, or applicant, or respondent in this matter] proposes to 
 adduce in evidence the several documents hereunder specified, and 
 that the same may be inspected by the defendant [or plaintiff, or 
 applicant, or respondent], his solicitor, or agent, at 
 
 , on , between the hours of 
 
 ; and the defendant [or plaintiff, or applicant, 
 or respondent] is hereby required, within forty-eight hours from the 
 last-mentioned hour, to admit that such of the said documents as are 
 specified to be originals were respectively written, signed, or executed 
 as they purport respectively to have been ; that such as are specified 
 as copies are true copies ; and such documents as are stated to have 
 been served, sent, or delivered, were so served, sent, or delivered re- 
 spectively, saving all just exceptions to the admissibility of all such 
 documents as evidence in this cause [or matter.] 
 
 Dated, &o. 
 
 To E. F., 
 
 Solicitor [or ayent] for defendant [or plaintiff, or applicant, or 
 
 respondent^ 
 
 G. H., 
 Solicitor [or agent] for plaintiff [or defendant, or applicant, or 
 
 respondent.] 
 
 [Here describe the documetits, the manner of doing iMch may be 
 
 as follows.^ 
 
 Originals. 
 
 Description of Documents. 
 
 Deed of Covenant between A. B. and C. D., firBt part, and 
 
 E. F., second part .. 
 Indenture of Lease from A. B. to C. D. 
 Indenture of Belease between A. B., C. D., first part, &o. . . 
 Letter Defendant to Plaintiff . . 
 Policy of Insurance on Goods by ship Isabella on voyage 
 
 from Oporto to London 
 Memorandum of Agreement between CD., Captain of said 
 
 Ship, and E. F 
 
 Bill of Exchange for £100 at three months, drawn by A. B., 
 
 on and accepted by C. D., indorsed by E. F. and G. H. . . 
 
 Jan. 1, 1848. 
 Feb. 1, 1848. 
 Feb. 2, 1848. 
 March 1, 1848. 
 
 Dec. 3, 1847. 
 
 Jan. 1, 1848. 
 
 May 1, 1849. 
 
186 
 
 Copies. 
 
 Desoription of Doonmenta. 
 
 Dates. 
 
 Originals or DupUoatos 
 served, sent, or delivered, 
 when, hov, and b; whom. 
 
 ^ter of Baptism of A. B. in 
 tiie parish of X. 
 
 Letter — Plaintiff to Defendant . . 
 
 Notice to produce Papers 
 
 Record of a Judgment of the 
 Court of Queen's Bench, in 
 an Action, J. S. v. J. N. 
 
 Letters Patent of King Charles 
 11. in the Bolls Chapel 
 
 Jan. 1, 1848. 
 Feb. 1, 1848. 
 March 1, 1848, 
 
 Trinity Term, 
 loth Vic. 
 
 Jan. 1, 1860. 
 
 Sent by General Post, 
 February 2, 1848. 
 
 Served March 2, 1848, on 
 Defendant's Attorney, by 
 E. P., of 
 
 No. 10. 
 
 Notice to admit Facts. 
 
 [Heading as in Form 9.] 
 Take notice that the plaintiff [or defendant] in this cause [or the 
 petitioner, or applicant or respondent in this matter] requires the 
 defendant [or plaintiff or applicant or respondent] to admit, for the 
 purposes of this cause [or matter] only, the several facts respectively 
 hereunder specified ; and the defendant [or plaintiff or applicant or 
 respondent] is hereby required, within six days from the service of 
 this notice, to admit the said several facts, saving all just ex- 
 ceptions to the admissibility of such facts as evidence in this cause 
 \^or matter] . 
 Dated, &c. 
 
 CD., Solicitor [or agent] for the plaintiff [or defen- 
 dant or petitioner, or applicant or respondent]. 
 To E.F. solicitor [^or agent] for the defendant [or plaintiff or 
 petitioner or applicant or respondent]. 
 
 The facts, the admission of which is required, are — 
 1. That John Smith died on the Ist of January 1870. 
 3. That he died intestate. 
 
186 
 
 3. That James Smith was his only lawful son. 
 
 4. That Julius Smith died on the 1st of April 1876. 
 
 5. That Julius Smith never was married. 
 
 No. 11. 
 
 Admission to Facts, pursuant to Notice. 
 
 [Heading as in Form 9.] 
 
 The defendant [or plaintiff or petitioner or applicant or respondent] 
 in this cause [or matter] for the purposes of this cause [or matter] 
 only, hereby admits the several facts respectively hereunder specified 
 subject to the qualifications or limitations, if any, hereunder specified, 
 saving all just exceptions to the admissibility of such facts, or any 
 of them, as evidence in this cause [or matter]. 
 
 Provided that this admission is made for the purposes of this 
 cause [or matter] only, and is not an admission to be used against 
 the defendant [or plaintiff or petitioner or applicant or respondent] 
 on any other occasion, or by anyone other than the plaintiff [or 
 defendant or party requiring the admission]. 
 
 Delivered, &c. 
 
 E.F., Solicitor [or agent] for the defendant [or plaintiff' 
 or petitioner or applicant or respondent]. 
 
 To G.H., solicitor [or agent] for the plaintiff [or defendant or 
 party requiring the admission,] 
 
 Facts admitted. 
 
 QuflJMcations or Limitations, if 
 
 any, subject to whioh they 
 
 are admitted. 
 
 1. 
 
 2. 
 3. 
 
 i. 
 
 6. 
 
 That John Smith died on the 1st 
 
 of January, 1870. 
 ^hat he died intestate. 
 That James Smith was his lawful 
 
 son. 
 That Julius Smith is dead. 
 
 That Julius Smith never was mar- 
 ried. 
 
 1. 
 
 2. 
 3. 
 
 4. 
 
 5. 
 
 But not that he was his only lawful 
 son. 
 
 But not that he died on the 1st of 
 April, 1876. 
 
187 
 
 No. 12. 
 
 Notice to Produce (general form). 
 
 [Heading as in Fom 1.] 
 
 Take notice, that you are hereby required to produce and show to 
 the Court on trial of this all books, papers, letters, copies of 
 
 letters, and other writings and documents in your custody, possession, 
 or power, containing any entry, memorandum, or minute relating to 
 the matters in question in this , and particularly 
 
 Dated the day of 18. 
 
 To the above-named 
 
 h solicitor or agent 
 
 (Signed) 
 of 
 agent for 
 (solicitor for the abore-named 
 
 No. 13. 
 
 Issue. 
 
 [Heading as in Form 1.] 
 
 Whereas A.B. affirms, and CD. denies [here stale the questioner 
 questions of fact to be tried], and it has been ordered by the Vice- 
 Chancellor that the said question shall be tried [here state mode of 
 trial, whether with or without a jury], therefore let the same be tried 
 accordingly. 
 
 No. 14. 
 Notice of Trial. 
 
 [Heading as in Fonn 1.] 
 
 Take notice of trial of this action [or of the issues in this action 
 ordered to be tried] by the Vice-Chancellor and jury [or as the case 
 y 2 
 
188 
 
 may be] at the Assize Courts in Salford [or as the case may be], for 
 the sittings of the Court appointed to commence on the 
 day of next. 
 
 Dated, &c. 
 
 X. Y., plaintiff's solicitor [or as the case may be]. 
 To Z., defendant's solicitor [or as the case may be]. 
 
 No. 15. 
 Certificate op Kegistbar afteb Trial with a Jury. 
 
 [Heading as in Form 1.] 
 
 I certify that this was tried before the Vice-Chancellor, 
 
 with a special jury of the county of Lancaster, on the 12th and 13th 
 days of November, 18 
 
 The Jury found [state findings]. 
 
 A.B., 
 Eegistrar. 
 
 The day of 18 . 
 
 No. 16. 
 Notice of Motion. 
 
 [Heading as in Form 1.] 
 
 Take notice • that this Honourable Court will be moved before 
 His Honour the Vice-Chancellor Henry Fox Bristowe, Esquire, Q.G., 
 at the sittings of the Court, to be holden at St. George's Hall, Liver- 
 pool (or as the case may be) in the County of Lancaster, on the 
 day of 18 at of the clock in the forenoon, or as soon 
 
 after as counsel can be heard by counsel on behalf of the above- 
 named plaintiff (or defendant, or as the case may be) that, &c. (state 
 
189 
 
 olyect of motion), and that for the purposes aforesaid all proper 
 directions may be given, or that such further or other order may be 
 made in the premises as the justice of the case may require and to 
 His Honour may seem fit. 
 
 Dated the day of 18 . 
 
 Yours, &c., 
 
 A.B. 
 
 (address) 
 solicitor for the above-named 
 
 To [state solicitor or party to be served.) 
 
 No. 17. 
 Notice of Discontinuance. 
 
 t 
 
 • " Wholly 
 djEcontmues 
 this action," 
 or " withdraws 
 BO much of his 
 
 dium in this Dated the 
 
 action as relates 
 to," &o. 
 
 + If not against 
 aU the defendants 
 add " as against 
 the defendant," 
 
 To 
 
 [Heading as in Form 1.] 
 Take notice, that the plaintiff hereby* 
 
 day of 18 
 
 (Signed) 
 
 of 
 
 agent for 
 solicitor for the plaintiff. 
 
 No. 18. 
 
 Notice of Cross-examination of Deponents at Tkial. 
 
 [Heading as in Form 1.] 
 
 Take notice that the intend at the trial of this action to 
 
 cross-examine the several deponents named and described in the 
 
 schedule hitherto on their affidavits therein specified. 
 
190 
 
 And also take notice that you are hereby required to produce the 
 
 said deponents for such cross-examination before the Court at the 
 
 trial of this action. 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 Agent for 
 
 of 
 
 Solicitor for the 
 To 
 
 The Schedule above referred to. 
 
 No. 19. 
 
 NoTioE OF Eenewal OP Wkit op Execution. 
 [Heading as in Form 1.] 
 
 Take notice, that the writ of issued in this action directed 
 
 to the sheriff of Lancashire and bearing date the day of 
 
 1 8 , has been renewed for one year from the day of 
 
 18 . 
 
 (Signed) 
 Agent for 
 of 
 
 Solicitor for the 
 To the Sheriff of Lancashire. 
 
 No. 30. 
 
 Affidavit op Service op Summons ok Notice of Motion. 
 
 [Heading as in Form 1.] 
 
 •'■ of solicitor for the above-named 
 
 make oath and say as follows : — 
 
191 
 
 T did on the day of 18 , before the hour of 
 
 in the uoon, serve A.B., the above-named [party] in this 
 
 action with a true copy of the summons [or notice of motion] 
 now produced and shown to me, marked A, by leaving it at 
 the of the said A.B., situate with 
 
 there [or at the office of the solicitor of the said A.B., 
 
 situate xvith there]. 
 
 Sworn at 
 
 this 
 day of 18 
 
 Before me 
 
 This affidavit is filed on behalf of the 
 
 No. 21. 
 Affidavit of Sekvice of Notice of Judgment. 
 [Ifeading as in Form 1.) 
 
 I, A.B., of , in the county of , make 
 
 oath and say as follows : — 
 
 1. I did on the day of , 18 , serve CD., of 
 
 in the county of , with notice of the judgment made 
 
 in this action by His Honour the Vice-Chancellor, dated the 
 day of , 1 8 , by delivering to and leaving with the said 
 
 C.T>. at , in the county of , a true copy of the said 
 
 judgment, with a notice thereunder written entitled in this action, 
 and addressed to the said C. D., whereby he was required to take 
 notice that the said copy was a true copy of a judgment made in 
 this action by His Honour the Vice-Chancellor of the County 
 Palatine of Lancaster, on the day of 18 . 
 
192 
 
 Endorsed on the said copy and notice was a notice in the form or 
 to the effect prescribed by the Order XVI., Rule 44, of the 
 Chancery of Lancaster Rules, 1884. 
 
 Previously to such service I carefully compared the copy so served 
 by me with the original judgment of which it purports to be a copy. 
 
 Sworn at , in the county of , this day 
 
 of , 18 , 
 
 Before me, T.W., 
 
 A Commissioner to administer oaths in 
 the Supreme Court of Judicature in 
 England. 
 
 This afQdavit is filed ou the part and behalf of the above-named 
 plaintiff. 
 
 APPENDIX C. 
 
 Poems of Statements op Claim to be used pursuant to 
 Order XIX., Bule 5. 
 
 No. 1. 
 
 18 . [Here put letter and number.] 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 Writ issued the of 18 
 
 Betweeen A. B. Plaintiff, 
 
 and 
 C. D. Defendant. 
 
198 
 
 Statement of Claim. 
 The plaintiff, &c. 
 
 [or] 
 The plaintiff's claim is, &c, 
 
 [To be filled up in manner exemplified in the follomng forms.] 
 
 The plaintiff claims [as in following forms.] 
 
 (Signed) 
 Delivered the of 18 . 
 
 No. 2. 
 
 The plaintiff is a creditor of X. Y. deceased, of whom the 
 defendant C. D. is executor {or administrator) and the defendant 
 E. F. is heir at law {or devisee). 
 
 Particulars of the claim : 
 
 Principal due on the bond of the testator {or 
 intestate) dated the of 18 £3,000 
 
 Interest from the of 
 
 at 5 per cent. 250 
 
 £2,250 
 
 The plaintiff claims to be paid the amount due to him, or to have 
 the real and personal estate of the said X. Y. administered 
 
 (Signed) 
 
 Delivered 
 
 No. 3. 
 
 1. The plaintiff is residuary legatee of A.B. of the city of Man- 
 chester, who died March 3rd, 1882, having made his will dated 
 March 2nd, 1882, and appointed the defendants his executors, 
 vfho proved his will April 6th, 1882. 
 
194 
 
 3. The defendants have been guilty of wilful default in not getting 
 in certain property of the testator. 
 
 3. The wilful default on which the plaintiflf relies is as follows : — 
 
 CD. owed to the testator £1000, in respect of which no in- 
 terest had been paid or acknowledgment given for five years 
 before the testator's death. The defendants were aware of 
 this fact, but never applied to C. D. for payment until more 
 than a year after testator's death, whereby the said sum 
 was lost. 
 
 The plaintiff claims : — 
 (1.) Account of testator's personal estate on footing of wilful 
 default. 
 
 (2.) Administration of the testator's personal estate. 
 
 (Signed) 
 Delivered 
 
 No. 4. 
 
 1. The plaintiflf on December SOth, 1875, entered into partnership 
 articles with the defendant for 10 years. 
 
 3, The defendant has broken the partnership articles as follows: — 
 a. 
 b. 
 c. 
 
 The plaintiff claims : 
 
 1. Dissolution. 
 
 2. Accounts and inquiries. 
 
 3. A receiver and manager. 
 
 (Signed) 
 Delivered 
 
195 
 
 No. 5. 
 
 1. The plaintiffs are executors of A., deceased. 
 
 a. From the year 1875 till his death A. employed the defendant 
 as his confidential agent in the management of a large building 
 estate at X. 
 
 3. The defendant as such agent received large sums of money for 
 the said A., for which he refuses to account. 
 The plaintiffs claim : — 
 
 1 . Accounts of all sums received and paid by the defendant as 
 agent of A. 
 
 2. Payment of the amount due. 
 
 (Signed) 
 Delivered 
 
 No. 6. 
 
 1 . The plaintiff is mortgagee of lands belonging to the defendant. 
 
 2. The following are the particulars of the mortgage : 
 (a.) [Date and names of mortgagor and mortgagee.) 
 (b.) [Sum. secured). 
 
 (c.) [Bate of interest) . 
 
 [d.) [Property svhject to mortgage). 
 
 [e.) [Amoimt now due). 
 
 [If the plaintiff's title is a derivative title, state shortly the assign- 
 ments under which he claims). 
 
 [If the plaintiff" is mortgagee in possession add) : 
 
 3. The plaintiff took possession of the mortgaged property on the 
 
 of , and is ready to account as mortgagee in possession 
 
 from that time. 
 
 The plaintiff claims payment, or, in default, sale, or foreclosure 
 
 (and possession). 
 
 ^ ^ ' (Signed) 
 
 Delivered 
 
196 
 
 No. 7. 
 
 1 . The plaintiff is mortgagor of lands, of which the defendant is 
 mortgagee. 
 
 SJ. The following are the particulars of the mortgage : 
 
 («.) {Date). 
 
 (6.) [Sum secured). 
 
 (c.) [Bate of interest) . 
 
 (d.) [Property subject to mortgage). 
 
 [If the plaintiff's title is derivative, state shortly the deeds under 
 ivhich he claims). 
 
 [If the defendant is mortgagee in possession add) : 
 
 3. The defendant has taken possession [or has received the rents) 
 of the mortgaged property. 
 
 The plaintifif claims to redeem the said premises, and to have the 
 same reconveyed to him, [and to have possession thei-eof], 
 
 (Signed) 
 
 Delivered 
 
 No. 8. 
 
 1. By a settlement on the marriage of A.B. and G.B. dated 
 January 10th, 1850, Whiteacre was demised to trustees for 1000 
 years on trust after the deaths of A. B. and C B. to raise £5000 for 
 the younger children of the marriage who should attain 31. 
 
 •i. A.B. died February 15. 1870. 
 
 3. G.B. died June 10, 1875. 
 
 4. There were 5 children only of the marriage of A.B. and C.B. 
 all of whom are now living and have attained 31. The plaintiff is 
 the second born child. 
 
197 
 
 5. The defendants were on April 5, 1877, appointed trustees of 
 the settlement. 
 
 The plaintiff claims : 
 
 1. To have JE5000 raised by sale or mortgage and distributed 
 among the persons entitled. 
 
 (Signed) 
 Delivered 
 
 No. 9. 
 
 1. On November lH, 1880,^. and the defendant B. deposited 
 with the plaintiff 500 Russian Government Bonds as security for a 
 debt of £1000 and interest at 4 per cent, due from A. and the de- 
 fendant B. to the plaintiff. 
 
 2. A. died March 12, 1881. 
 
 3. On March 30, 1881, administration of the estate of A. was 
 granted to the defendant C. 
 
 4. £'800 and £30 for interest is owing to the plaintiff on the 
 security of the said bonds. 
 
 The plaintiff claims : 
 
 i. Sale of the said bonds. 
 
 2. Application of the proceeds in payment of his debt. 
 
 3. Distribution of the surplus among the parties entitled. 
 
 (Signed) 
 Delivered 
 
 No 10. 
 
 1. By a settlement dated July 3rd, 1872, on the marriage of the 
 plaintiffs' father and mother, of which the defendant A.B. and one 
 C. D. were trustees, the plaintiffs are absolutely entitled on the 
 deaths of their father and mother. 
 
198 
 
 2. On August 5, 1874, C. D. died, and the defendant E. F. was 
 appointed in his place. 
 
 3. On December 1, 1879, the plaintiffs' father died. 
 
 4. On January 1, 1880, the plaintiffs' mother died. 
 
 5. The defendants have committed the following breaches of 
 trust of : 
 
 {a.) Sale of £3000 Bank Stock and investment of the proceeds 
 in the business of the defendant A. B. 
 
 (b.) Sale of leasehold property worth £5000 to G. H. for £1000 
 [without taking any proper steps to ascertain its value or to obtain 
 such value.] 
 
 The plaintiffs claim : 
 
 (1.) The replacement of £3000 bank stock and £5 per cent, in- 
 terest on the proceeds of the bank stock sold, from the date 
 ^of sale till replacement. 
 
 (3.) Payment of £4000 and interest at 5 per cent, per annum 
 from the date of the sale. 
 
 (Signed) 
 
 Delivered 
 
 No. 11. 
 
 By a'settlement' dated June 10, 1856, upon trust for A.B. and 
 C. B. successively for life, with remainder for their children who 
 should attain SI, the following property was assured : — 
 
 (a.) A sum of 67351. Us. 2rf. consolidated SI. per cent, annuities, 
 (i.) 4000Z. invested on mortgage of land at X 
 
 (c.) One-fifth of the residuary estate of D. deceased, subject to 
 a prior life-interest in E. 
 
 ■2. On August 15, 1863, C. B. died, 
 
 3. On February 18, 1875, A. B. died. 
 
199 
 
 4. On September 10, 1879, E. died. 
 
 5. A. B. and G. B. had five children only, of whom the plaintiff 
 
 is one. 
 
 6. The defendants are the present trustees of the settlement. 
 The plaintiff claims : 
 
 1. Execution of the trusts of the settlement. 
 i. All necessary accounts and inquiries. 
 3. A receiver. 
 
 (Signed) 
 Delivered 
 
 No. 12. 
 
 1. In 1865 a marriage was arranged between A.B. and the 
 plaintiff. 
 
 •i. By an agreement contained in two letters, dated February 10 
 and 12, 1865, it was agreed between G. B., the father of A. B., and 
 D., the father of the plaintiff, that each should settle ]0,000Z. on 
 trust for A. B. and the plaintiff successively for life, with remainder 
 on the usual trusts for the children of the marriage. 
 
 3. By letter, dated March 7, 1865, from D. to Messrs. E. S Go., 
 his solicitors, he instructed them to prepare a settlement. 
 
 4. A settlement, dated April 25, 1865, was executed upon the 
 marriage of A.B. and the plaintiff, accidentally omitting to give a life 
 interest to the plaintiff after the life interest of A.B. 
 
 5. On May 20, 1882, A.B. died. 
 
 6. The defendants H. and K. are the present trustees of the 
 settlement. 
 
200 
 
 7. The defendants L., M., and N., are the only children of the 
 marriage. 
 
 The plaintiff claims : 
 
 Rectification of the settlement. 
 
 (Signed) 
 Delivered 
 
 No. 13. 
 
 1. By an agreement [or letters) dated {or made verbally at inter- 
 views on or about) the day , the plaintiff agreed to sell to 
 the defendant the Home Farm, in f ] the County of Lancaster 
 for £ . The sale was to be completed on the of 
 
 {If the agreement was verbal, — add — ) 
 
 2. The agreement so entered into has been pait performed as 
 follows {state how). 
 
 3. The plaintiff is willing and hereby offers to perform the agree- 
 ment on his part. 
 
 The plaintiff claims specific performance of the above agreement. 
 
 (Signed) 
 Delivered 
 
 No. 14. 
 
 1. By will, dated January 6, 1864, A. devised Whiteacre to B^ 
 C, and D. as tenants in common. 
 
 2. On March 10, 1865, A. died. 
 
 3. On March 20, 1865, A.'s will was proved. 
 
 4. On June 25, 1867, B. conveyed to the plaintiff his share of 
 Whiteacre. 
 
201 
 
 5. On July 30, 1869, C. conveyed his share to the defendants on 
 trust for sale. 
 
 6. By will, dated November 5, 1872, B. devised his share among 
 his children equally. 
 
 7. On December 2, 1872, B. died. 
 
 8. On December 15, 1872, D.'s will was proved. 
 
 9. There were 1 children of B. living at his decease, some of 
 whom have since died. 
 
 10. Whiteacre consists of a mansion, house, and grounds. 
 
 11. A sale of the property and a division of the proceeds will be 
 more beneficial than a division of the property. 
 
 The plaintiff claims : 
 
 A division of Whiteacre among the parties interested. 
 
 \or, a sale of Whiteacre and distribution of the proceeds among 
 the parties interested.'] 
 
 (Signed) 
 
 Delivered 
 
 No. 15. 
 l.By will, dat«d August 10, 1882, A. devised Whiteacre and 
 1 0,000Z. to defendant on trust for plaintiff. 
 
 2. On August 15, 1882, A. died. 
 
 3. On August 30, 1882, probate was granted to the defendant, 
 the sole executor. 
 
 4. The plaintiff is an infant 12 years old. 
 
 The plaintiff claims : 
 
 1. That the plaintiff may become a ward of Court. 
 
 2. Administration of the trusts of the will oi A. so far as 
 
 necessary. 
 
 (Signed) 
 
 Delivered 
 
202 
 
 SECTION II. 
 
 Actions claiming Injunctions, Damages, or Deolaeations of 
 Eight founded on Wbongs. 
 
 No. 1. 
 
 The defendant has infringed the plaintifif's patent, No. 14,084, 
 granted for the term of 14 years, from the 21st of May 1880, for 
 certain improvements in the manufacture of iron and steel, whereof 
 the plaintiff was the first inventor. 
 
 The plaintiff claims an injunction to restrain the defendant from 
 further infringement and 100/. damages. 
 
 Particulars of breaches are delivered herewith. 
 
 (Signed) 
 
 Delivered 
 
 No. 2. 
 
 The defendant has infringed the plaintifif's copyright in a book 
 entitled " The History of Rome," registered on the day of 
 Particulars of special damage are as follows : — 
 
 £ 
 
 Loss of sale of 50 copies 50 
 
 Loss of profit in the copyright . .50 
 
 100 
 The plaintiff claims an injunction, an account, and damages. 
 
 (Signed) 
 Delivered 
 
 No. 3. 
 
 1. The defendant has infringed the plaintiff's trade mark. 
 
 2. The trade mark is {describe it.) 
 
 [If the plaintiff is not the original proprietor of the trade mark, 
 show shortly how his title is derived.] 
 
208 
 3. The following are the acts complained of, viz. : 
 (Set them out.) 
 
 The plaintiff claims au injunctiou to restrain the defendant, his 
 servants, and agents, from infringing the plaintiffs said trade mark, 
 and in particular from [stating any particular injunction sought.] 
 
 The plaintiff also claims au account or damages. 
 
 (Signed) 
 
 Delivered 
 
 No. 4. 
 
 1. The plaintiff is the owner [or, lessee] and occupier of a house 
 700, Eegent Street, in which are the following ancient lights : — 
 
 (1.) The kitchen window in the basement on the south side. 
 
 (2.) The two back dining room windows on the ground floor on 
 the south side. 
 
 (3.) The landing window and back drawing room window on 
 the south side. 
 
 2. The defendant is erecting a building which will, if not stopped, 
 materially diminish the light coming through the said windows. 
 
 The plaintiff claims an injunction to restrain the defendant, his 
 contractors, servants, and workmen, from continuing the erection of 
 the building, so as to obstruct or diminish the access of light to the 
 said windows or any of them. 
 
 The plaintiff will also if necessary, claim to have the said 
 building pulled down, or damages for the injury he will sustain if 
 the same is completed and not pulled down. 
 
 (Signed) 
 
 Delivered 
 o 2 
 
204 
 
 No. 5. 
 
 The plaintiff has suffered damage from offensive and pestilential 
 smells and vapours caused by the defendant in the plaintiff's 
 dwelling-house, No. 150, James Street, Liverpool. 
 
 The plaintiff claims : — 
 
 (I) 501. 
 
 (9.) An injunction to restrain the defendant from the con- 
 tinuance or repetition of the said injury or the 
 committal of any injury of a like kind in respect of 
 the same property. 
 
 (Signed) 
 
 Delivered 
 
 No. 6. 
 
 1. The plaintiff is the owner {or lessee) and occupier of a farm 
 known as , through which there runs a river known 
 
 as 
 
 3. The defendant or persons in his employ pollute the water in 
 the said river by passing into the same the refuse of the defendant's 
 dye works, situate higher up the said river. 
 
 The plaintiff claims an injunction to restrain the defendant, his 
 servants and agents, from sending from the said dye works into the 
 said river any matter so as to pollute the waters thereof, or to render 
 them unwholesome or unfit for use, to the injury of the plaintiff {or 
 as the case may he.) 
 
 The plaintiff will also claim damages in respect of the said 
 nuisance. 
 
 (Signed) 
 Delivered 
 
205 
 
 No. 7. 
 
 1. Oa 3 1st January, 1883, the defendant issued a prospectus to 
 
 the public relating to the A.B. Company, Limited. 
 
 2. On Feb. 1st, 1883, the plaintiff received a copy of this 
 
 prospectus. 
 
 3. The plaintiff subscribed for 100 shares in the Company on the 
 
 faith of this prospectus. 
 
 4. The prospectus contained misrepresentations, of which the 
 
 following are particulars : — 
 
 (a.) The prospectus stated " " whereas in fact 
 
 (6.) The prospectus stated " " whereas in fact. i.... 
 
 (c.) The prospectus stated " " whereas in fact 
 
 5. The defendant knew of the real facts as to the above 
 
 particulars. 
 
 6. The following facts, which were within the knowledge of the 
 
 defendants, are material, and were not stated in the 
 prospectus : 
 
 (a.) 
 
 (6.) 
 
 7. The plaintiff has paid calls to the Company to the extent 
 
 of JEIOOO. 
 
 The plaintiff claims: — 
 
 1. Repayment of £1000 and interest. 
 
 2. Indemnity. 
 
 (Signed) 
 
 Delivered 
 
206 
 
 APPENDIX D. 
 
 Poems op Defence to be used pubsuant to Obder XIX., Rule 5. 
 
 Section I. 
 Genebal Form. 
 
 18 No. 
 
 In the Chancery of the County Palatine of Lancaster, 
 District. 
 Between plaintiff, 
 
 and 
 
 defendant. 
 
 
 Defence 
 
 The defendant says that:— 
 
 1-) 
 
 8.J 
 
 (To be filled up in the manner exemplified 
 forms.) 
 
 (Signed) 
 Delivered 
 
 Counter-claim. 
 
 The 
 
 defendant says that : — 
 
 1.1 (To be filled up m the manner exemplified in the folloumg 
 2. J forms.) 
 
 2. J forms.) 
 The defendant counter-claims :^ 
 
 (Signed; 
 Delivered 
 
207 
 
 Defence and Counter-claim. 
 Defence. 
 The defendant says : — 
 1.1 
 
 \'\(TobefilMup.) 
 
 Counter-claim. 
 
 The defendant repeats paragraph 2 of his defence,, and says 
 that : — 
 
 .' [ (To be filled up.) 
 
 The defendant counter-claims : — 
 
 (Signed) 
 Delivered 
 
 Section II. 
 
 No. 1. 
 
 1. The defendants do not admit the plaintiff's claim. 
 
 [or] 
 The defendant A.B. admits the plaintiff's claim, but not assets. 
 
 [or] 
 The defendant C. D. admits assets, but not the plaintiff's claim. 
 
 3. The claim is barred by the Statute of Limitations. 
 [State which.] 
 
 3. Payment was made by deceased. 
 
 4. The claim is fraudulent in the folbwing particulars : 
 
 [Set out particulars.] 
 
 5. The defendant is entitled to a set off, of which the following 
 
 are the particulars: 
 
 [Set out particular S.I 
 
208 
 
 6. The claim was released by deed dated the day of 
 
 7. Notice was given and assets distributed under Statute SS & S3 
 Vict. c. 35. s. 29. 
 
 Particulars of the Notice. 
 
 Adyertisements in, the "Times/' of January 1, 1880, 
 
 " New York Herald," February, 1881. 
 „ " Bombay Gazette " of January 25, 1881. 
 
 [Giving the titles of the newspapers and the dates of those in 
 which the advertisement appeared.] 
 
 8. The personal estate of the testator is sufficient to pay the 
 plaintiff his debt if established. 
 
 9. The defendant is not heir-at-law or devisee of the deceased. 
 
 (Signed) 
 Delivered 
 
 No. 2. 
 
 1. The defendant did not execute the mortgage. 
 
 2. The mortgage was not assigned to the plaintiff (if more 
 than one assignment is alleged say which is denied.) 
 
 3. The debt is barred by the Statute of Limitations. 
 
 4. Payments have been made, viz. : — 
 
 10 July, 1874, £1000. 
 18 October, 1875, £500. 
 
 5. The plaintiff took possession on the day of and 
 has received the rents ever since. 
 
 6. The plaintiff released the debt by deed, dated 1 Juue 1888. 
 
209 
 
 7. The defendant conveyed all his interest to A.B. by deed, dated 
 96 November, 1880. 
 
 The defendant claims : — 
 1. Account. 
 
 8. Re-conveyance. 
 
 (Signed) 
 Delivered 
 
 No. 8. 
 
 1. 
 2. 
 3. 
 4. 
 5. 
 
 6.; 
 
 . {As in preceding Form.] 
 
 7. By a deed dated 1st June 1880 the mortgagor A.B. mortgaged 
 the property in question to the defendant to secure 50001. and 
 interest at 5 per cent, per annum. 
 
 The defendant claims— 
 
 1 . A declaration of priority and foreclosure {and a receiver). 
 
 (Signed) 
 
 Delivered 
 
 [If the plaintiff claims payment of tlu mortgage debt, the defendant 
 must, if he disputes his liability, show the grounds on which he 
 does so as in other cases of debt ; or he can claim indemnity 
 against the owner of the Equity of Redemption wider Order 
 XVI., Rule 49.] 
 
 No. 4. 
 
 1. The plaintiff's right to redeem is barred by the Statute of 
 Limitations.— [iS<a<« which.] 
 
210 
 
 3. The plaintiff assigned all interest in the property to A.B. 
 
 3. The defendant by deed, dated the day of , 
 assigned all his interest in the mortgage debt and property com- 
 prised in the mortgage to A.B. ■ 
 
 4. The defendant never took possession of the mortgaged property 
 or received the rents thereof. 
 
 [If the defendant admits possession for a time only, he should state 
 the time, and deny possession beyond what he admits,] 
 
 (Signed) 
 Delivered 
 
 No. 5, 
 1. The defendant did not enter into the agreement. 
 3. A.B. was not the agent of the defendant [if alleged by plaintiff). 
 
 3. The plaintiff has not performed the following conditions : — 
 [Conditions.) 
 
 4. The defendants did not. — [Alleged acts of part performance.] 
 
 5. The plaintiff's title to the property agreed to be sold is not 
 such as the defendant is bound to accept by reason of the following 
 matters : — [State why.] 
 
 6. The Statute of Frauds has not been complied with. 
 
 7. The agreement is uncertain in the following respects. — [State 
 them]. 
 
 8. [or] The plaintiff has been guilty of delay ; 
 
 9. [or] The plaintiff has been guilty of fraud [or misrepresent- 
 ation] ; 
 
 10. [or] The agreement is unfair; 
 
 11. [or] The agreement was entered into by mistake. 
 
211 
 
 Tbe following are particulars of (8), (9), (10), (11), [or as the case 
 may be.] 
 
 12. The agreement was rescinded uQder Conditions of Sale, No. 1 1 
 {or, by mutual agreement). 
 
 (Signed) 
 Delivered 
 
 [In cases where damages are claimed and tJie defendant disputes his 
 liability to damages, he must deny the agreement or the alleged 
 breaches, or show wlmtever other ground of defence he intends 
 to rely on, e.g., Statute of Limitations, release, fraud, dc] 
 
 General Defences. 
 
 1 . The defendant became bankrupt. 
 
 2. The plaintiff became bankrupt before action, and the cause of 
 action vested in the trustees of his property. 
 
 3. The defendant was covert and had no separate estate at the 
 time of making the alleged contract [or, contracting the alleged debt), 
 and has not now any separate estate. 
 
 4. The defendant was an infant at the time of making the alleged 
 contract [or, contracting the alleged debt). 
 
 5. The causes of action were released by deed dated the 1st of 
 May, ] 882, between the plaintiff of the first part and the defendant 
 of the second part. 
 
 6. The contract was rescinded (or, the defendant was exonerated 
 by the plaintiff) before breach. Particulars are as follows : — An 
 arrangement between the plaintiff and the defendant, made verbally 
 on the 15th of April, 1882, {or, by letter from the defendant to the 
 plaintiff, and answer of the plaintiff dated the lith and 15 ih of 
 April, 1883^ 
 
212 
 
 7. The debt was barred by the Statute of Limitations [state which}. 
 
 8. (17th) section of the Statute of Frauds has not been complied 
 with. 
 
 (Signed) 
 Delivered 
 
 Section II. 
 
 To Actions claiming Injunctions, Damages, oe Declaeations op 
 Eight, founded upon Wrongs. Appendix C, Sect. II. 
 
 1 . Denial of the several acts (or, matters) complained of. 
 
 (Signed) 
 Delivered 
 
 1. The defendant did not infringe the patent. 
 
 2. The invention was not new. 
 
 3. The plaintiff was not the first or true inventor. 
 
 4. The invention was not useful. 
 
 5. [Denial of any other matter of fact affecting the validity of the 
 patent."] 
 
 6. The patent was not assigned to the plaintiff, 
 
 (Signed) 
 Delivered 
 
 (1.) The plaintiff is not the author [assignee, Sc, as the case may 
 be]. 
 
 (2.) The book was not registered. 
 
 (3.) The defendant did not infringe. 
 
 (Signed) 
 Delivered 
 
213 
 (1.) The trade mark is not the plaintiff's, 
 (2.) The alleged trade mark is not a trade mark. 
 (,3.) The defendant did not infringe. 
 
 (Signed) 
 Delivered 
 
 1. The plaintiff's lights are not ancient [or, deny his other alleged 
 prescriptive rights] . 
 
 'i. The plaintiff's lights will not be materially interfered with by 
 the defendant's buildings. 
 
 3. The defendant denies that he or his servants pollute the water 
 [or, do what is complained of]. 
 
 [If the defendant claims the light by prescription or otherwise to 
 do what is complained of, he must say so, and must state the 
 ground of his claim, i.e., whether by prescription, grant, or 
 what] . 
 
 4. The plaintiff has been guilty of laches, of which the following 
 are particulars : — 
 
 1870. Plaintiflf's mill began to work. 
 
 1871. Plaintiff came into possession. 
 1883. First complaint. 
 
 5. As to the plaintiff's claim for damages, the defendant will rely 
 on the above grounds of defence, and says that the acts complained 
 of have not produced any damage to the plaintiff. [If other grounds 
 are relied on, they must be stated, e.g., the Statute of Limitations as 
 to past damage.] 
 
 (Signed) 
 
 Delivered 
 
214 
 
 APPENDIX B, 
 
 Poems of Eeply, &c., to be used pursuant to Obdeb XIX., 
 EuLE 5. 
 
 18 . [Here put letter and number.] 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District. 
 
 Between Plaintiff, 
 
 and 
 
 Defendant. 
 
 Reply. 
 The plaintiff as to the defence says that — 
 1. 
 2. 
 
 The plaintiff as to the counter-claim says that — 
 
 !■ ^ 
 
 9. 
 
 (Signed) 
 Delivered 
 
216 
 
 APPENDIX F. 
 
 FoKMS OF Judgment. 
 
 No. 1. 
 
 Judgment at Trial by Vice-Chanceixoe without a Juby. 
 
 [Year, letter, and number.] 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 day of 18 
 
 Between A.B. Plaintiff, 
 
 and 
 
 CD., E.F., and G.H., Defendants, 
 
 This action coming on for trial [the day of 
 
 and] this day, before in 
 
 the presence of counsel for the plaintiff and the defendants 
 [or, if some of the defendants do not appear, for the plaintiff and 
 the defendant CD., no one appearing for the defendants E.F. and 
 O.H., although they icere duly served with notice of trial as by 
 the affidavit of , filed the day of appears] 
 
 upon reading the probate of the will of 
 
 the answers of the defendants CD., E.F., and O.H. to interroga- 
 tories, the admission in writing, dated , and 
 signed by [Mr. , the solicitor for] the plaintiff 
 A.B. and by [Mr. the solicitor for] the 
 defendant CD., the affidavit of filed the 
 day of , the affidavit of 
 , filed the day of 
 and the exhibits, marked X and Y, being Indentures dated, &c. 
 
216 
 
 [or as may be] produced to and on their 
 
 oral examination taken at the trial, and upon hearing the evidence 
 of the said and of , 
 
 taken on their oral examination at the trial, and an exhibit marljed 
 Z, being an indenture dated, &c., and made between [parties], and 
 what was alleged by counsel on both sides. This Court doth 
 declare, &c. 
 
 And this Court doth order and adjudge, &o. 
 
 No. 2. 
 
 Judgment upon Motion for Judgment. 
 
 [Heading as in Form 1.] 
 
 Upon motion for judgment this day made unto this Court by 
 Mr. X. of counsel for the plaintiff [or as the case may be], and upon 
 hearing Mr. Y. of counsel for , and upon reading 
 
 [set out evidetice.] This Court doth adjudge. 
 
 No. 3. 
 
 Judgment foe Defendant's Costs on Discontinuance. 
 
 [Heading as in Form 1.] 
 
 The plaintiff having by a notice in writing dated the 
 
 day of 18 , wholly discontinued this action [or withdrawn 
 
 his claim in this action for or withdrawn so much of his claim in 
 
 this action as relates to or as the case may be] 
 
 This Court doth adjudge that the plaintiff do pay to the defendant 
 A. B. his costs of this action to be taxed. 
 
 No. 4. 
 Judgment foe Plaintiff's Costs aftee Confession of Defence. 
 [Heading as in Form 1.] 
 The defendant in his defence herein having alleged a ground of 
 
217 
 
 defence which arose after the commencement of this action, and 
 the plaintiff having on the day of 18 , delivered a 
 
 confession of that defence, 
 
 This Court doth adjudge that the defendant do pay unto the 
 plaintiff his costs of this action to be taxed. 
 
 No. 5. 
 
 JUDGJIENT ON MoTION AFTER TeIAL OP IsSUE. 
 
 [Heading as in Form 1.] 
 
 The issues [or questions of fact] arising in this action [or cause or 
 matter] by the order dated the day of ordered to be tried 
 
 before the Vice-Chancellor with a j ury of the County Palatine 
 
 of Lancaster having on the day of been tried before the 
 
 Vice-ChanceHor and such jury, and the jury having found [state 
 findings'] Now on motion [continue as in Form 2.] 
 
 APPENDIX G. 
 
 Forms of Precipe. 
 
 No. 1. 
 
 Fieri FACIAS. 
 
 188 . B. No. 
 
 Id the Chancery of the County Palatine of Lancaster, 
 District. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D. and others. Defendants. 
 
218 
 
 Seal a writ of fieri facias directed to the Sheriff of Lancashire 
 to levy against 0. D. 
 
 the sum of and interest thereon at the rate of 
 
 per centum per annum from the day of to the 
 
 day of [and £ costs.] 
 
 Judgment [or order] dated day of 
 
 Registrar's certificate, dated day of 
 
 X.Y., Solicitor for [party on whose 
 behalf writ is to issue]. 
 
 No. 2. 
 
 Elegit. 
 
 [Heading as in Form l.J 
 
 Seal a writ of elegit directed to the Sheriff of Lancashire against 
 , of , in the county of , for not paying to 
 
 A. B. the sum of £ together yvith interest thereon, from the 
 
 day of [and the sum of £ for costs], with 
 
 interest thereon at the rate of £4 per centum per annum. 
 
 Judgment [or order], dated 
 
 day of 
 
 ,18 
 
 Registrar's certificate, dated 
 
 day of 
 
 X. Y., 
 Solicitor for 
 
 . 18 
 
 No. i 
 
 3. 
 
 
 Venditioni Exponas. 
 
 
 [Heading as in Form 1.] 
 
 
 Seal a writ of venditioni exponas directed to the Sheriff of Lanca- 
 shire to sell the goods and 
 
219 
 
 taken under a writ of fieri facias in this action, tested the day 
 
 of 188 . 
 
 X. Y., 
 Solicitor for 
 
 No. 4. 
 FiEEi Facias de Bonis Ecclesiasticis. 
 
 [Heading as in Form l.J 
 
 Seal a writ of fieri facias de bonis ecclesiasticis directed to the 
 Bishop [or Archbishop, as the case may be] of , to levy 
 
 against C. D., the sum of £ 
 
 Judgment [or order], dated day of 
 
 Registrar's certificate, dated day of 
 
 X. Y., 
 Solicitor for 
 
 No. 5. 
 Sequestkaei Facias de Bonis Ecclesiasticis. 
 
 [Heading as in Form 1.] 
 
 Seal a writ of sequestrari facias directed to the Lord Bishop of 
 against C. D. for not paying to A. B. 
 
 the sum of £ 
 
 No. 6. 
 Writ of SEftirESTEAiioN. 
 
 [Heading as in Form 1.] 
 
 Seal a writ of sequestration against C. D. for not 
 
 at the suit of A. B. directed to [names oj com- 
 missioners]. 
 Order dated day of 
 
 V 2 
 
220 
 
 No. 7. 
 
 Writ of Possession. 
 
 [Heading as in Form 1.] 
 
 Seal a writ of possession directed to the Sheriff of Lancashire 
 to deliver possession to A. B. of 
 
 Judgment dated day of 
 
 No. 8; 
 
 Wbit of Delivery. 
 
 [Heading as in Fonn 1.] 
 
 Seal a writ of delivery directed to the Sheriff of Laucashire 
 to make delivery to A B, of 
 
 No. 9. 
 
 Weit of Attachment. 
 
 [Heading as in Form 1.] 
 
 Seal in pursuance of order dated day of 
 
 an attachment directed to the Sheriff of Lancashire against C. D. 
 for not delivering to A. B. 
 
 No. 10. 
 Of Distringas against Ex- Sheriff. 
 [Heading as in Foitii LJ 
 Seal a writ of distringas nvper vicecomilevi quod vendidoni exponas, 
 
221 
 
 directed to the Sheriff of Lancashire, to sell the goods and 
 
 of taken under a writ of fieri facias in this action, tested 
 
 the day of 18 . 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 (Address) 
 
 Solicitor for the 
 
 No. 11. 
 Of Inquiky. 
 
 [Headiny as in Form l.J 
 
 Seal a writ of inquiry directed to the Sheriff of Lancashire to 
 assess the damages in this action. 
 
 Judgment dated 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 (Address) 
 
 Solicitor for the 
 
 No. 12. 
 
 Of Commission to examine Witnesses. 
 
 [Heading as in Form 1.] 
 
 Seal in pursuance of order dated a writ in the nature of a 
 
 mandamus or commission to examine witnesses directed to 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 (Address) 
 
 Solicitor for the 
 
822 
 
 No. 13. 
 
 Of Commission of Partition. 
 [Heading as in Fonn 1.] 
 Seal in pursuance of order dated a commission of partition 
 
 directed to returnable 
 
 Dated the day of 18 . 
 
 (Signed) 
 (Address) 
 
 Solicitor for the 
 
 No. 14. 
 
 Of Amended Summons. 
 
 \Heading as in Form, 1.] 
 
 Amend in pursuance of order [or fiat] dated the writ of sum- 
 mons in this action by [set out amendments when required.'] 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 (Address) 
 
 Solicitor for the 
 
 No. 15. 
 
 Of Ebnewed Summons. 
 
 [Beading as in Form 1.] 
 
 Seal in pursuance of order dated , a renewed writ of sum- 
 
 mons in this, action, indorsed as follows 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 (Address) 
 
 Solicitor for the 
 
22S 
 
 No. 16. 
 
 Of Subpcena. 
 
 [Heading as in Form 1.] 
 
 Seal writ of subpoena on behalf of the directed to 
 
 returnable 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 (Address) 
 
 Solicitor for the 
 
 No. 17. 
 
 Entry of Action foe Tbial. 
 
 [Heading as in Form 1.] 
 
 Enter this action for trial at the sitting? of the Court to be 
 holden at on the day of , 18 . 
 
 Dated the day of 18 . 
 
 (Signed) 
 
 (Address) 
 
 No. 18. 
 
 Entby foe Aegument Generally. 
 
 [Heading as in Form l.J 
 
 Set down for argument the at the sittings of the Court 
 
 to be holden at on the day of 
 
 Dated the day of 18 . 
 
 (Signed) 
 (Address) 
 
224 
 
 No. 19. 
 
 Entry op Special Case. 
 [Heading as m Form 1.] 
 Set down for hearing as a special case, at the sittings of the 
 Court to be holden at on the day of 
 
 the special case filed [in this action] on the day of 
 
 Dated the day of 18 . 
 
 (Signed) 
 (Address) 
 
 No. 20. 
 
 Memorandum of Service of Notice of Judgment. 
 [Heading as in Form 1.] 
 Enter memorandum of service of notice of judgment made in this 
 action, and dated the day of 1 8 , on the undermen 
 
 tioued persons, viz . : — 
 
 Name of Party served. 
 
 Date of Service. 
 
 
 
 Dated the day of 18 
 
 
 (Signed) 
 
 
 (Address) 
 
 
 No. 21. 
 
 
 Search. 
 
 
 [Heading as in Form 
 
 !•] 
 
 Search for 
 
 
 Dated the 
 
 
 (Signed) 
 
 
 ^Address) 
 
 
 Agent for 
 
 
 Solicitor or 
 
 
 18 
 
226 
 
 No. 2'2. 
 
 Memorandum on Notice of Judgment. 
 
 Take notice that from the time of the service of this notice you 
 [or as the case may be, the infant ur 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 and that you [or the said infant or person of 
 unsound mind] may, on entering an appearance at the Chancery Office, 
 at , attend the proceedings under the within mentioned judgment 
 [or order] and that you [or the said infant or person of unsound mind] 
 may within one month after the service of this notice apply to the 
 Court to add to the judgment [or order.] 
 
 APPENDIX H. 
 
 Forms op Writs. 
 
 No. 1. 
 
 Writ of Fieri Facias. 
 
 ]88 , B. No. 
 
 In the Chancery of the County Palatine of Lancaster, 
 District. 
 
 Between A. B Plaintiff, 
 
 and 
 
 C. D. and others, Defendants. 
 
 Victoria, by the Grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith. 
 
226 
 
 To the Sheriff of Lancashire, greeting. 
 
 We command you that of the goods and chattels of C. D. in your 
 bailiwick you cause to be made the sum of , and 
 
 also interest thereon at the rate of per centum per 
 
 annum, from the day of ,* which said 
 
 sum of money and interest were lately before us in our Court of 
 Chancery of our County Palatine of Lancaster, in a certain action 
 [or certain actions, as the case may be] , wherein A. B. is plaintiff, 
 and C. D. and others are defendants [or in a certain matter there 
 depending intituled " In the matter of E. T." as the case may 6e] , 
 by a judgment [or order, as the case may be] of our said Court, 
 bearing date the day of , adjudged [or ordered, as 
 
 the case may be] to be paid by the said C. D. to A. B., together with 
 certain costs in the said judgment [or order, as the case may be] 
 mentioned, and which costs have been taxed and allowed by the 
 Registrar of our said Court, at the sum of , as 
 
 appears by the certificate of the said Registrar, dated the 
 day of . And that of the goods and chattels 
 
 of the said C. D. in your bailiwick you further cause to be made 
 the said sum of £ [costs], together with interest thereon 
 
 at the rate of £4 per centum per annum, from the day of 
 
 , f and that you have that money and interest 
 before us in our said Court immediately after the execution hereof, 
 to be paid to the said A. B., in pursuance of the said judgment, [or 
 order, as the case may be]. And in what manner you shall have 
 executed this our writ make appear to us in our said Court immedi- 
 ately after the execution thereof. And have there then this writ. 
 
 Witness ourself at Lancaster the day of 
 
 in the year of our reign. 
 
 ♦ Day of the Judgment or Order, or day on which money directed to be paid, or day from 
 which interest is directed by the Order to run, as the case may be. 
 
 + The date oJ the Certificate of Taxation. The Writ must be so moulded as to follow the 
 Bubstance of the Judgment or Order. 
 
227 
 
 No. 2. 
 
 Fieri Facias on Order for Costs. 
 
 [Heading as in Fonn 1.] 
 
 Victoria, by the Grace of God, (fee. 
 
 To the Sheriff of Lancashire, greeting. 
 
 We command you, that of the goods and chattels of in your 
 
 bailiwick you cause to be made the sum of £ for certain costs 
 
 which by an order of our Court of Chancery of our County Palatine of 
 Lancaster dated the day of 18 were ordered to be paid by 
 
 the said to and which have been taxed and allowed at the 
 
 said sum, and interest on the said sum at the rate of £4, per centum 
 per annum from the day of 18 , and that you have the 
 
 said sum and interest before us in our said Court, immediately after 
 the execution hereof, to be rendered to the said And in what 
 
 manner, &c. And have there then this writ. 
 
 Witness, &c. 
 Levv £ and £ for costs of execution, &c., and also interest 
 
 on £ at £4 per centum per annum from the day of 18 
 until payment; besides sheriffs poundage, officers' fees, costs of 
 levying, and all other legal incidental expenses. 
 
 This writ was issued by, &c., of agent for ot 
 
 solicitor for the 
 
 The is a and resides at in your bailiwick. 
 
 No. 3. 
 Writ of Elegit 
 [Heading as in Form 1.] 
 Victoria, by the grace of God, &c. 
 To the Sheriff of Lancashire, greeting. 
 Whereas lately in our Court of Chancery in our County Palatine 
 
228 
 
 of Lancaster in a certain action Tor certain actions, as the case may 
 be] there depending, wherein A. B. is plaintiff and C. D. and others 
 are defendants [or in a certain matter there depending, intituled " In 
 the matter of E. F., as the case may be] by a judgment [or order, as 
 thecasemay be] of our said Court made in the said action [or matter, 
 as the case may be], and bearing date the day of , 
 
 it was adjudged [or ordered, as the case may be] that C. D. should pay 
 unto A, B. the sum of £ , together with interest thereon 
 
 after the rate of per centum per annum, from the 
 
 day of , together also with certain costs as in the said 
 
 judgment [or order, as the case may be] mentioned, and which costs 
 have been taxed and allowed by , the 
 
 Registrar of the District of our said Court, at the 
 
 sum of f , as appears by the certificate of the 
 
 said Registrar, dated the day of . And 
 
 afterwards the said A. B. came into our said Court, and according 
 to the statute in such case made and provided, chose to be 
 delivered to him all such lands, tenements, rectories, tithes, 
 rents, and hereditaments, including lands and hereditaments of 
 copyhold or customary tenure, in your bailiwick as the said C. D., 
 or any one in trust for him, was seized or possessed of on the 
 day of , in the year of Our Lord *, or at any time 
 
 afterwards, or over which the said C. D. on the said day of 
 
 , or at any time afterwards, had any disposing power which 
 he might without the assent of any other person exercise for his 
 own benefit, to hold the said lands, tenements, rectories, tithes, 
 rents, and hereditaments respectively, according to the nature 
 and tenure thereof to him and to his assigns until the said two 
 several sums of £ and £ , together with interest 
 
 upon the said sums of £ and £ , at the rate of JE4 per 
 
 centum per annum, from the day of , shall have 
 
 been levied. Therefore we command you that without delay you 
 cause to be delivered to the said A. B. by a reasonable price and 
 extent all such lands and tenements, rectories, tithes, rents, and 
 hereditaments, including lands and hereditaments of copyhold or 
 customary tenure, in your bailiwick as the said C. D., or any person 
 or persons in trust for him, was or were seized or possessed of on 
 
 * The day on whioh the jadgment or order was made. 
 
229 
 
 the said day of ,* or at any time afterwards, or over which 
 
 the said C. D. on the said day of ,* or at any 
 
 lime afterwards, had any disposing power which he might without 
 the assent of any other person exercise for his own benefit, to hold 
 the said lands, tenements, rectories, tithes, rents, and here- 
 ditaments respectively according to the nature and tenure thereof to 
 him and to his assigns until the said two several sums and 
 interest as aforesaid shall have been levied. And in what 
 manner you shall have executed this our writ make appear to us in 
 our Court aforesaid immediately after the execution thereof, under 
 your seals, and the seals.of those by whose oath you shall make the 
 said extent and appraisement. And have there then this writ. 
 
 Witness, &c. 
 
 • The day on which the judgment or order was made. 
 
 No. 4. 
 
 Weit of Venditioni Exponas. 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of Lancashire, greeting. 
 
 Whereas, by our writ we lately commanded you that of the goods 
 and chattels of C. D. [here recite the fieri facias to the end]. And 
 on the day of jou returned to us in our Court of 
 
 Chancery of our County Palatine of Lancaster aforesaid, that by 
 virtue of the said writ to you directed you had taken goods and 
 chattels of the said C. D. to the value of the money and interest 
 aforesaid, which said goods and chattels remained in your hands 
 unsold for want of buyers ; therefore we, being desirous that the 
 said A. B. should be satisfied his money and interest aforesaid, 
 command you that you expose to sale and sell, or cause to be sold, 
 the goods and chattels of the said C, D. by you in form aforesaid 
 taken, and every part thereof, for the best price that can be gotten 
 
280 
 
 for the same, and have the money arising from such sale before us 
 in our said Court immediately after the execution hereof, to be paid 
 to the said A. B. And have there then this writ. 
 Witness, &c. 
 
 No. 5. 
 
 Writ op Fieri Facla.s de Bonis Ecolesiastiois. 
 
 [Heading as in Foiin 1.] 
 
 Victoria, by the Grace of God, &c. 
 
 To the Eight Reverend Father in God [John], by Divine permis- 
 sion Lord Bishop of , greeting. We command you that of 
 the ecclesiastical goods of C. D., clerk in your diocese, you cause to 
 be made , which lately before us in our Court of 
 Chancery in our County Palatine of Lancaster, in a certain action 
 [or certain actions, as the case may be], wherein A. B. is plaintiff and 
 C. D. is defendant [or in a certain matter there depending intituled 
 •' In the Matter of E. F.," as the case may he], by a judgment [or 
 order, as the case may be] of our said Court, bearing date the 
 day of , was "adjudged [or ordered, 
 as the case may be] to be paid by the said C. D. to the said A. B., 
 together with interest ou the said sum of £ , at the rate 
 of per centum per annum, from the day 
 of , and have that money, together with such interest 
 as aforesaid, before us in our said Court immediately after the 
 executiou hereof, to be rendered to the said A. B., for that our 
 Sheriff of Lancashire, returned to us in our said Court on 
 
 or, " at a day now past"}, that the said C. D. had 
 not any goods or chattels, or any lay fee in his bailiwick whereof he 
 could cause to be made the said £ and interest aforesaid, 
 
 or any part thereof, and that the said C. D was a beneficed clerk 
 (to wit), rector of the rectory [or vicar of the vicarage] and parish 
 church of , in the said Sheriff's County and within 
 
 your diocese [as in the return], and in what manner you shall have 
 executed this our writ make appear to us in our said Court imme- 
 diately after the execution hereof, and have you there then this writ. 
 
 Witness, &c. 
 
231 
 
 No. 6. 
 
 [Heading as in Form 1.] 
 
 Writ of Fieei Facias to the Archbishop de Bonis Eccle- 
 
 SIASTICIS DURING THE VACANCY OF A BiSHOP'S SeE. 
 
 Victoria, by the Grace of God, &c. 
 
 To the Right Reverend Father in God [John] , by Divine Pro- 
 vidence Lord Archbishop of Tork, Primate of England, greeting. 
 We command you, that of the ecclesiastical goods of C. D., clerk in 
 the diocese of , which is in the province of York, as ordinary 
 
 of that church, the episcopal see of now being vacant, you 
 
 cause to be made [dc, conclude as in, the preceding form]. 
 
 No. 7. 
 
 Writ of Sequestrari Facias de Bonis Ecclesiasticis. 
 
 [Heading as in Form 1 .] 
 
 Victoria, by the Grace of God, &c. 
 
 To the Right Reverend Father in God [John}, by Divine permis- 
 sion Lord Bishop of , greeting : Whereas we lately com- 
 manded our Sheriff of Lancashire that he should not omit by reason 
 of any liberty of his County, but that he should enter the same, and 
 cause [to be made, if after the return to a fieri facias, or delivered, if 
 after the return to an elegit, dc, and in either case recite the former 
 writ], and whereupon our said Sheriff of Lancashire, on 
 [or " at a day past "], returned to us in our said Court of Chan- 
 cery of our Palatine of Lancaster that the said C. D. was a beneficed 
 clerk, that is to say, rector of the rectory [or vicar of the vicarage] 
 and parish church of , in the county of , 
 and within your diocese, and that he had not any goods or chattels, 
 or any lay fee in his bailiwick [here follow the words of the Sheriff's 
 return] : Therefore we command you that you enter into the said 
 rectory \or vicarage] and parish church of , and take 
 and sequester the pame into your possession and that you hold the 
 same in your possession until you shall have levied the said £, 
 
232 
 
 and interest aforesaid, of the rents, tithes, rent charges in 
 lieu of tithes, oblations, obventions, fruits, issues, and profits thereof, 
 and other ecclesiastical goods in your diocese of and belonging to the 
 said rectory {or vicarage) and parish church of , and to 
 
 the said C. D. as rector [or vicar) thereof, to be rendered to the said 
 A. B., and what you shall do therein make appear to us in our said 
 Court immediately after the execution hereof, and have you there 
 then this writ. 
 
 Witness, &c. 
 
 No. 8. 
 
 Writ of Possession. 
 
 [Heading as in Fonn 1.] 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of Lancashire, greeting. 
 
 Whereas lately in our Court of Chancery of our County Palatine 
 of Lancaster by a judgment of the same Court [A. B. recovered] or 
 [E. F. was ordered to deliver to A. B.] possession of all that 
 
 , with the appurtenances in your bailiwick : Therefore, we 
 command you that you omit not by reason of any liberty of your 
 County, but that you enter the same, and without delay you 6ause 
 the said A. B. to have possession of the said land and premises 
 with the appurtenances. And in what manner you have executed 
 this our writ make appear to our said Court immediately after the 
 execution hereof, and have you there then this writ. Witness, &c. 
 
 No. 9. 
 
 Wkit of Delivery. 
 
 [Heading as in Fonn 1.] 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of Lancashire, greeting. We command you that 
 without delay you cause tho following chattels, that is to say [here 
 
283 
 
 enumerate the chattels recovered by the judgment for the return of 
 tvhich execution has been ordered to issue], to be returned to A. B., 
 which the said A. B., lately in our Court of Chancery of our County 
 Palatine of Lancaster, recovered against C. D. [or C. D. was 
 ordered to deliver to the said A. B.'j in an action in our said Court.* 
 And we further command you, that if the said chattels cannot be 
 found in your bailiwick, you distrain the said C. D. by all his lands 
 and chattels in your bailiwick, so that neither the said C. D. nor 
 any one for him, do lay hands on the same until the said C. D. 
 render to the said A. B. the said chattels, and in what manner you 
 shall have executed this our writ make appear to our said Court 
 immediately after the execution hereof, and have you there then 
 this writ. 
 Witness, &c. 
 
 The like, but instead of a distress until the chattel is returned, 
 commanding the Sheriff- to levy on defendant's goods the assessed 
 value of it. 
 
 [Proceed as in tlie preceding form until the *, and then thus.] 
 
 And we further command you, that if the said chattels cannot be 
 found in your bailiwick, of the goods and chattels of the said C. D. 
 in your bailiwick you cause to be made £, [the assessed 
 
 value of the chattels], and iu what manner you shall have executed 
 this our writ make appear to the of our said Court 
 
 immediately after the execution hereof, and have you there then 
 this writ. 
 Witness, &c. 
 
 No. 10. 
 
 Wkit of Attachment. 
 
 [Heading as in Form 1.] 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of Lancashire, greeting. 
 
 We command you to attach C. D. so as to have him before us in 
 our Court of Chancery of our County Palatine of Lancaster, 
 
284 
 
 wheresoever our said Court shall then be, there to answer to us, as 
 as well touching a contempt which he it is alleged hath committed 
 against us, as also such other matters as shall be then and there 
 laid to his charge, and further to perform and abide such order as 
 our said Court shall make in this behalf, and hereof fail not, and 
 bring this writ with you. Witness, &c. 
 
 No. 11. 
 
 Wkit of Sequesteation. 
 
 [Heading as in Form 1.] 
 
 Victoria, by the Grace of God, &o. 
 
 To [names of not less than four Commissioners], Greeting. 
 
 Whereas lately in our Court of Chancery of our County Palatine 
 of Lancaster in a certain action there depending, wherein A. B. is 
 Plaintifif and C. D. and others are Defendants [or, in a certain 
 matter there depending, intituled " In the matter of E. F.,'' as the case 
 may be] by a judgment [or order, as the case may be], of our said 
 Court made in the said action [or matter], and bearing date the 
 day of , 187 , it was ordered that the said C. D. should 
 
 [pay into Court to the credit of the said action the sum of £ 
 or as the ease may be]. Know ye, therefore, that we, in confidence 
 of your prudence and fidelity, have given, and by these presents do 
 give to you, or any three or two of you, full power and authority to 
 enter upon all the messuages, lands, tenements, and real estate 
 whatsoever of the said C. D , and to collect, receive, and sequester 
 into your hands not only all the rents and profits of his said 
 messuages, lands, tenements, and real estate, but also all his goods, 
 chattels, and personal estates whatsoever ; and therefore we command 
 you, or any three or two of you, that you do, at certain proper and 
 convenient days and hours, go to and enter upon all the messuages, 
 lands, tenements, and real estates of the said 0. D., and that you do 
 collect, take, and get into your hands not only the rents and profits 
 of his said real estate, but also all his goods, chattels, and personal 
 
235 
 
 estate, and detain and keep the same under sequestration in your 
 hands until the said C. D. shall [pay into Court to the credit of the 
 said action the sum of £ , or as the case may be] clear his 
 
 contempt, and our said Court make other order to the contrary. 
 
 Witness, &c. 
 
 No. 12. 
 
 Distringas against Ex-Shbkiff. 
 
 (Headi')ig as in Form 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of Lancashire greeting. 
 
 We command you that you distrain late sheriff of 'your 
 
 county aforesaid by all his lands and chattels in your bailiwick, so 
 that neither he nor anyone by him do lay hands on the same until 
 you shall have another command from us in that behalf, and that 
 you answer to us for the issues of the same, so that the said 
 expose for sale and sel 1 or cause to be sold for the best price that 
 can be gotten for the same, those goods and chattels which were of 
 in your bailiwick, to the value of £ * the sum 
 
 of £ which lately before us in our Court of *" the amount 
 
 •' 01, or part of. 
 
 Chancery of our County Palatine of Lancaster in a 
 certain action wherein plaintiff and defendant Jj,",/°^8mmt " 
 
 , by a t of our said Court bearing date the 
 
 day of ,wasl to be paid by the said L'.'.oSi*" 
 
 to the said and of the sum of £ , the 
 
 amount at which the costs in the said f ■ mentioned have been 
 
 taxed and allowed, and of interest on the said sum of £ at the 
 
 rate of £i per centum per annum from the day of , and 
 
 on the said sum of £ at the same rate from the day of 
 
 , which goods and chattels he lately took by virtue of our 
 writ, and which remain in his hands for want of buyers, as the said 
 late sheriff hath lately returned to us in our said Court. And have 
 Q 2 
 
the money arising from such sale before us in our said Court imme- 
 diately after the execution hereof, to be paid to the said . And 
 have there then ihis writ. 
 
 Witness, &c. 
 
 This writ was issued by, &c. 
 
 The defendant is a and resides at in your bailiwick. 
 
 APPENDIX J, 
 
 FoKMS OP SUBP^NA, &C. 
 
 No. 1. 
 
 Subpoena ad Testificandum et duces tecum. 
 
 18 . [Here put the letter and number]. 
 
 In the Chancery of the County Palatine of Lancaster, 
 District. 
 
 Between A.B. Plaintiff. 
 
 and 
 CD. and others, Defendants. 
 
 Victoria, by the Grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith, To [here insert 
 names of witnesses] , greeting : We command you and each of you 
 that, laying all other matters aside, and notwithstanding any excuse, 
 you personally be and appear [state where, or before whom, thus :] 
 at ihe sitiiugs of oui- Court of Chancery of our County Palatine of 
 Lancaster, to be holden at St. George's Hall, Liverpool [or, as may 
 be] in the County of Lancaster ; Or, 
 
287 
 
 before Esquire, the Registrar of the District of 
 
 onr Court of Chancery of our County Palatine of Lancaster, at his 
 
 Chambers in [state address], in the County of Lancaster ; Or 
 
 before A.B., Esquire, the examiner specially appointed for the 
 
 examination of witnesses in the action [or matter] hereinafter 
 
 mentioned, at his chambers [or office ; state address], 
 
 ou the day of , 188 , at ten of 
 
 the clock in the forenoon, 
 
 [if the witness is to be examined at the trial, add:] and so from 
 
 day to day until the action hereinafter mentioned be tried, 
 
 to testify the truth according to your knowledge in a certain action 
 
 [or matter and cause, or matter] now pending in our said Court of 
 
 Chancery wherein A.B. and another are plaintiflfs, and CD. and 
 
 others are defendants, on the part of the plaintiffs [or defendant, 
 
 CD., or as may be]. 
 
 [If production of documents is required, add :] And that you then 
 and there bring with you and produce [state the documents required]. 
 
 And hereof fail not at your peril. Witness ourself at Lancaster, 
 the day of 18 , in the year of 
 
 our reign. 
 
 D.. 
 Chancellor. 
 
 No, 2. 
 
 Wbit of Inquiry foe Assessment of Damages. 
 
 [Heading as in Form 1.] 
 
 Victoria, by the Grace of God, &c., to the Sheriff of Lancashire, 
 greeting. 
 
 Whereas it has been adjudged that the plaintiff recover against 
 the defendant damages to be assessed. 
 
 Therefore we command you, that by the oaths of twelve good and 
 lawful men of your bailiwick you inquire what damages the plaintiff 
 
2m 
 
 is entitled to recover under the said judgment, and that forthwith 
 thereafter you send the inquisition which you shall take thereupon 
 to our said Court, under your seal, and the seals of those by whose 
 oath you take the inquisition, together with this writ. 
 
 Witness, &c. 
 
 This writ was issued by, Ac. 
 
 The defendant is a and reside at in your bailiwick. 
 
 No. 3. 
 
 Commission to Examine Witnesses. 
 
 [Heading as in Form 1.] 
 
 Victoria, by the Grace of God, &c., to of and 
 
 of Commissioners named by and on behalf of the and 
 
 to of and of Commissioners named by and 
 
 on behalf of the greeting : Know ye that we in confidence of 
 
 your prudence and fidelity have appointed you and by these presents 
 give you power and authority to examiae on interrogatories and viva 
 voce as hereinafter mentioned witnesses on behalf of the said 
 and respectively at before you or any two of you, so 
 
 that one Commissioner only on each side be present and act at the 
 examination. And we command you as follows : 
 
 1. Both the said and the said shall be at liberty to 
 
 examine on interrogatories and viva voce on the subject matter 
 thereof or arising out of the answers thereto such witnesses as shall 
 be produced on their behalf with liberty to the other party to 
 cross-examine the said witnesses on cross-interrogatories and viva 
 voce, the party producing any witness for examination being at 
 liberty to re-examine hjm viva voce,- and all such additional viva 
 
239 
 
 voce questions, whether on examination, cross-examination, or re- 
 examination, shall be reduced into writing, and with the answers 
 thereto shall be returned with the said Commission. 
 
 2. Not less than days before the examination of any witness 
 on behalf of either of the said parties, notice in writing, signed by 
 any one of you, the Commissioners of the party on whose behalf 
 the witness is to be examined, and stating the time and place of 
 the intended examination and the names of the witnesses to be 
 examined, shall be given to the Commissioners of the other party 
 by delivering the notice to them, or by leaving it at their usual 
 place of abode or business, and if the Commissioners or Commissioner 
 of that party neglect to attend pursuant to the notice, then one of 
 you, the Commissioners of the party on whose behalf the notice is 
 given, shall be at liberty to proceed with and take the examination 
 of the witness or witnesses ex parte, and adjourn any meeting or 
 meetings, or continue the same from day to day until all the 
 witnesses intended to be examined by virtue of the notice have been 
 examined, without giving any further or other notice of the sub- 
 sequent meeting or meetings. 
 
 3. In the event of any witness on his examination, cross 
 examination, or re-exsmination producing any book, document, 
 letter, paper, or writing, and refusing for good cause to be stated in 
 his deposition to part with the original thereof, then a copy thereof, 
 or extract therefrom, certified by the Commissioners or Gowinissjoner 
 present and acting to be a true and correct copy or extract shall be 
 annexed to the witnesses' deposition. 
 
 4. Each witness to be examined under this Commission shall be 
 examined on oath, affirmation, or otherwise in accordance with his 
 religion by or before the Commissioners or Commissioner present at 
 the examination. 
 
 5. If any one or more of the witnesses do not understand the 
 English language (the interrogatories, cross-interrogatories, and viva 
 voce questions, if any, being previously translated into the language 
 with which he or they is or are conversant), then the examination 
 shall be taken in English through the medium of an interpreter or 
 
240 
 
 interpreters to be nominated by the Commissioners or Commissioner 
 present at the examination, and to be previously sworn according to 
 his or their several religions by or before the said Commissioners or 
 Commissioner truly to interpret the questions to be put to the 
 witness and his answers thereto. 
 
 6. The depositions to be taken under this Commission shall be 
 subscribed by the witness or witnesses, and by the Commissioners 
 or Commissioner who shall have taken the depositions. 
 
 7. The interrogatories, cross-interrogatories, and depositions, 
 together with any documents referred to therein, or certified copies 
 thereof or extracts therefrom, shall be sent to the Kegistrar of the 
 
 District of the Court of Chancery of the County Palatine 
 of Lancaster, on or before the day of enclosed in a 
 
 cover under the seals or seal of the Commissioners or Commissioner. 
 
 8. Before you or any of you, in any manner act in the execution 
 thereof you shall severally take the oath hereon indorsed on the 
 Holy Evangelists or otherwise in such other manner as is sanctioned 
 by the form of your several religions and is considered by you 
 respectively to be binding on your respective consciences. In the 
 absence of any other Commissioner, a Commissioner may himself 
 take the oath. 
 
 And we give you or any one of you authority to administer such 
 oath to the other or others of you. 
 
 Witness, &c. 
 
 This writ was issued by, &c. 
 
 Witnesses' Oath. 
 
 You are true answer to make to all such questions as shall be 
 asked you, without favour or affection to either party, and therein 
 you shall speak the truth, the whole truth, and nothing but the 
 truth. So help you God. 
 
241 
 
 CoMMissiONEBs' Oath. 
 
 You [nr 1] shall, according to the best of j'our [or my] skill and 
 knowledge, trul\' and faithfullj-, and without pariialitj to any or 
 either of the parlies in this cause, take the OKaminations and deposi- 
 tions of all and every witness and witnesses produced and examined 
 by virtue of the Commission within written. So help you [or me] 
 God. 
 
 Intekpeetbe's Oath. 
 
 You shall truly and faithfully, and without partiality to any or 
 either of the parties in this cause, and to the best to your ability, 
 interpret and translate the oath or oaths, affirmation or affirmations 
 which he shall administer to, and all and every the questions which 
 shall be e.xhibited or put to, all and every witness and witnesses 
 produced before and examined by the Commissioners named in the 
 Commission within written, as far forth as you are directed and em- 
 ployed by the said Commissioners, to interpret and translate the 
 same out of the English into the language of the witness or 
 witnesses, and also in like manner to interpret and translate the 
 respective depositions taken and made to such questions out of the 
 language of such witness or witnesses into the English language. 
 So help you God. 
 
 Cleek's Oath. 
 
 You shall truly, faithfully, and without partiality to any or either 
 of the parties in this cause, take, write down, transcribe, and engross 
 all and every the questions which shall be exhibited or put to all and 
 every witness and witnesses, and also the depositions of all and every 
 such witness and witnesses produced before and examined by the 
 said Commissioners named in the Commission within written, as far 
 forth as you are directed and employed by the Commissioners to 
 take, write down, transcribe or engross the said questions and 
 depositions. So help you God. 
 
242 
 
 Direction of Interrogatories, &c., when returned by the Com- 
 missioners. 
 
 The Begistbab, 
 
 Chancery Office, 
 Preston (or as case may be). 
 
 No. 4. 
 
 FoBMAL PaETS of DEPOSITIONS. 
 
 (Heading as in Form 1.) 
 
 Depositions of witnesses produced, sworn, and examined (or 
 cross-examined) on behalf of the plaintiff (or as tnay he) in this 
 action (or if the examination is m,ade in. proceedings pending before 
 the District Registrar, state: under the judgment in this action) at 
 (state where.) 
 
 Before me, W.W., 
 
 Registrar [or special examiner appointed 
 by order in this action (or matter) 
 dated the day of ,18 
 
 X.Y, of (residence and addition) being produced, sworn, and 
 
 examined the day of , 18 (or cross-examined the 
 
 day of , 18 , on his affidavit filed the day 
 
 of , 18 , in this action) deposeth and saith as follows : — 
 
 I was not, &o. 
 
 day of , 1 Examination (or cross-examination) con- 
 
 18 . { tiuued. 
 
 I did not, &c. 
 
 Cross-examined (or re-examined) on the part of the defendant 
 (or plaintiff, or as may be.) 
 
 I cannot say, &o. 
 
248 
 
 [Where Questions are objected to.) 
 
 Question. — Was there any agreement? 
 
 (This question was objected to on behalf of the plaintiff. I 
 
 stated that in my opinion the question was (not) proper, and I refer 
 
 it to the Court. 
 
 W.W.) 
 
 Question. — Did B. insist on those persons being parties to the 
 conveyance ? 
 
 (The witness objected to answer this question on the ground that 
 
 his knowledge as to that matter was acquired as solicitor for Mr. B. 
 
 I stated that in my opinion, &c. 
 
 W.W.) 
 X.Y. 
 T.Z., of [dc, as above.) 
 
 J certify that these depositions were taken before me and read 
 over to the respective deponents, who respectively signed the same 
 in my presence and that of the parties attending. 
 
 Dated this day of 18 
 
 W.W. 
 
 APPENDIX K. 
 
 No. 1. 
 
 SoMMONS (General Form.) 
 
 18 . [Here put the letter and number.] 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 ^Title of action or matter.] 
 
 Let all parties concerned attend at the Chambers of the 
 
244 
 
 Registrar, situate in [state address] in the County of Lancaster, 
 on the day of at ten of the 
 
 clock in the forenoon or so soon after as this application can be 
 heard, on the hearing of an application on the part of the above- 
 named plaintiff A. B. [or as may be} that [state concisely the object 
 of the application] 
 
 and that for the purposes aforesaid all proper directions may be 
 given, or that such further or other order may be made in the 
 premises as the justice of the case may require. 
 
 Dated the day of 18 . 
 
 Henry Fox Bristowe, 
 
 Vice-Chancellor. 
 
 This summons was taken out by^.Y. of [address], solicitor of 
 the above-named A.B. 
 
 To [persons to be served.] 
 
 No. 2. 
 Order (General Form). 
 In the Chancery of the County Palatine of Lancaster. 
 
 District. 
 
 the day of 188 
 
 'Vice-OhimoeUor at) 
 the Ohambera of \ 
 the BegiBtnr. ) 
 
 Between 
 
 A.6., plaintiff, 
 and 
 CD., defendant. 
 
 Upon the application of the plaintiff [or as may be), and upon 
 hearing the solicitor for the applicant and for , and upon 
 
 reading the affidavit of filed the day of 18 
 
 and 
 
 This Court doth order and it is ordered that the costs of this 
 
 application be 
 
246 
 
 No. 3. 
 
 Obdee foe Time. 
 
 [Heading as in Form 2.] 
 
 [Commence as in Foi-m 2.] 
 
 This Court doth order that the do have until the day 
 
 of 188 , to deliver his in this action. And it is 
 
 ordered that the costs of both parties of this application be costs in 
 the action. 
 
 No. 4. 
 
 Oedee to Amend. 
 
 [Heading as in Form 2.] 
 
 {Commence as in Form 2), 
 
 This Court doth order that the plaintiff be at liberty to amend the 
 writ of summons in this action by and that the costs of this 
 
 application be 
 
 No. 5. 
 
 Obdeb foe Pabticulaes (Paetneeship). 
 
 [Heading as in Form 2.] 
 
 {Commence as in Form 2.) 
 
 This Court doth order that the furnish the with a statement 
 in writing, verified by afBdavit, setting forth the names of the persons 
 constituting the members or co-partners of their firm, pursuant to 
 the rules of the Court, 1884, Order XVI., Rule 14, and that the 
 cost* of this application be 
 
No. 6. 
 
 Obdek for Paetioulabs (General). 
 
 (Heading as in Form 2.] 
 
 {Commence as in Form 2.) 
 
 This Court doth order that the plaintiff deliver to the defendant 
 an account in writing of the particulars of the plaintiff's claim in 
 this action, and that unless such particulars be delivered 
 
 within days from the date of this order all further proceedings 
 
 be stayed until the delivery thereof, aud that the costs of this appli- 
 cation be 
 
 No. 7. 
 Order to discharge or vary on Application by Third Party. 
 [Heading as in Form 2.] 
 
 (Commence as in Form 2.) 
 
 This Court doth order that the order of in this action dated 
 
 the day of 18 be discharged [or varied by ], 
 
 and that the costs of this application be 
 
 No. 8. 
 
 Order to dismiss for want of Prosecution. 
 
 [Heading as in Form 2.] 
 
 (Commence as in Form 2.) 
 Upon hearing 
 and upon reading the affidavit of filed the 
 
 day of 18 , and 
 
 This Court doth order that this action be, for want of prosecution, 
 dismissed with costs to be taxed aud paid to the defendant by the 
 plaintiff, and that the costs of this application be 
 
247 
 
 No. 9. 
 
 Obder fob Deliveey of Inteeeogatoribb. 
 
 [Heading as in Form 2.] 
 
 {Commence as in Form 2.) 
 
 This Court doth order that the be at liberty to deliver to the 
 
 interrogatories in writing, and that the said do answer the 
 
 interrogatories as prescribed by Order XXX. Rules 8 and 26 of the 
 Rules of the Court, and that the costs of this application be 
 
 No. 10. 
 
 Obdeb fob Affidavit as to Documents. 
 
 [Heading as in Form 2.] 
 
 (Commence as in Form 2.) 
 
 This Court doth order that the do, within days after 
 
 the service of this order, make and file a full and suEBcient affidavit, 
 stating whether respectively ha or ha had in pos- 
 
 session or power any, and if any, what documents relating to the 
 and accounting for the same documents. And it is ordered 
 that the do, within days after service of this order, at 
 
 all seasonable times, upon reasonable notice, produce at the office of 
 solicitor, such of the said documents as by such affidavit 
 shall appear to be in respective possession or power except 
 
 such of the same, if any, as may by said affidavit 
 
 object to produce and leave, as aforesaid. And it is ordered that 
 the solicitor or agent be at liberty to inspect and peruse the 
 
 documents so produced, and to take copies thereof, and extracts and 
 abstracts therefrom, as the shall be advised, at 
 
 expense. And it is ordered that the do produce the same 
 
 before and at the trial of this action, or any application 
 
 therein, as the shall require. And the is to be at 
 
 liberty to make such further application as to all or any of the 
 documents mentioned in the said affidavit as may be advised, 
 
248 
 
 No. 11. 
 
 Oedee to peoducb Documents foe Inspection. 
 
 [Heading as in Form 2.] 
 
 (Commence as in Form 2.) 
 
 This Court doth order that the do, at all seasonable times, on 
 
 reasonable notice, produce at [insert place of inspection], situate at 
 the following documents, namely , and that the be at liberty 
 to inspect and peruse the documents so produced, and to take copies 
 and abstracts thereof and extracts therefrom, at expense, and 
 
 that in the meantime all further proceedings be stayed, and that the 
 costs of this applicatipn be 
 
 No. 12. 
 
 Oedeb foe Seevice out of Jueisdiotion. 
 
 [Heading as in Form 2.] 
 
 {Commence as in Fo7-m 2.) 
 
 This Court doth order that the applicants be at liberty on or before 
 the day of 18 to serve the writ of summons in this 
 
 action upon the defendant A.B. in or elsewhere out of the 
 
 jurisdiction of the High Court of Justice. 
 
 And it is further ordered that the time for appearance to the said 
 writ be within days after the service thereof, and that the costs 
 of this application be 
 
 No. 18. 
 
 Oedek foe Substituted Seevice. 
 
 [Heading as in Form, 2.] 
 
 {Commence as in Form 2.) 
 
 This Court doth order that service of a copy of this order, and of 
 a copy of the writ of summons in this action, by sending the same 
 
249 
 
 by a pre-paid post letter, addressed to the defendant at 
 
 shall be good and sufiBoient service of the writ. 
 
 No. 14. 
 
 Obdee for Eenewal of Writ. 
 
 [Heading as m Form 2.] 
 
 (Commence as in Form 2.) 
 
 This Court doth order that the writ in this action be renewed for 
 six months from the date of its renewal, pursuant to the Rules of 
 the Court, Order IX., Rule ]. 
 
 No. 15. 
 
 Order fob Issue of Notice Claiming Contribution. 
 
 [Heading as in Form 2.] 
 
 {Commence as in Form 2.) 
 
 This Court doth order that the defendant be at liberty to issue 
 a notice claiming over against , pursuant to the Rules of 
 
 the Court, Order XVJ., Rule 49. 
 
 No. 16. 
 
 Order Charging Stock — Nisi. 
 
 [Heading as in Form 2.] 
 
 (Commence as in Form 2.) 
 
 This Court doth order that unless sufiBoient cause be shown to the 
 contrary before on day the day of 18 , at o'clock 
 in the forenoon, the defendant's interest in the so standing as 
 
 aforesaid shall, and that it in the meantime do, stand charged with 
 the payment of the above-mentioned amount due on the judgment, 
 dated the day of 18 
 
260 
 
 No. 17. 
 
 Oedek Charging Stock — Absolute. 
 [Heading as in Fonn 2.] 
 {Commence as in Fonn 2.) 
 
 and an order nisi made herein on the day of 18 
 
 reciting the affidavit of whereby it appeared. 
 
 This Court dotk order that the defendant's interest in the so 
 
 standing as aforesaid stand charged with the payment of the above, 
 mentioned amount due on the said judgment. 
 
 No. 18. 
 
 Charging Oedek. Solicitok's Costs. 
 
 [Heading as in Form 2.] 
 
 (Commence as in Form 2.) 
 
 This Court doth order that the said the solicitor for the 
 
 in this action shall have a charge upon for his costs, charges, 
 
 and expenses of and in reference to this action. 
 
 No. 19. 
 
 Order for Arrest (Capias) under Debtor's Act. 
 
 [Heading as in Form 2.] 
 
 [Commence as in Form 2.) 
 
 This Court doth order that the defendant be arrested and 
 
 imprisoned for the term of from the date of his arrest, 
 
 including the day of such date, unless and until he shall sooner 
 deposit in Court the sum of £ , or give to the plaintiff a bond 
 
 executed by him and two sufficient sureties in the penalty of 
 £ , or some other security satisfactory to the plaintiff, 
 
 that 
 
251 
 
 And it is further ordered that the sheriff of Lancashire do within 
 one calendar month from the date hereof, including the day of such 
 date and not afterwards, take the defendant for the purpose aforesaid, 
 if he shall he found in the said sheriff's bailiwick. 
 
 No. 20. 
 
 Obder for Examination op Witnesses before Trul. 
 
 [Heading as in Form 2.] 
 
 (Commence as in Form 2.) 
 
 This Court doth order that a witness on behalf of the 
 
 be examined viva voce (on oath or affirmation) before the Registrar 
 [or before esquire, special examiner), the solicitor 
 
 or agent giving to the solicitor or agent notice in writing 
 
 of the time and place where the examination is to take place. 
 
 And it is further ordered that the examination so taken be filed in 
 the Chancery Office, situate at and that an office copy or copies 
 
 thereof may be read and given in evidence on the trial of this cause 
 saving all just exceptions, without any further proof of the absence 
 of the said witness than the affidavit of the solicitor or agent of the 
 as to his belief, and that the costs of this application be 
 
 No. 21. 
 
 Short Order for issue of Commission to examine Witnesses. 
 
 [Heading as in Form 2.] 
 
 [Commence as in Form 2.) 
 
 This Court doth order that the be at liberty to issue a 
 
 commission for the examination of witnesses on behalf at 
 
 And it is further ordered that the trial of this action be stayed 
 until the return of the said commission, the usual long order to be 
 drawn up, and unless agreed upon by the parties within one week to 
 be settled by the Registrar {or as the case may be), and that the 
 costs of this application be 
 B 2 
 
262 
 
 No. 22. 
 
 Long Oedee foe Commission to Examine Witnesses. 
 
 [Heading as in Form 2.] 
 
 {Commence as in Fonn 2.) 
 
 This Court doth order as follows : 
 
 1 . A commission may issue directed to of and of 
 
 commissioners named by and on behalf of the and 
 
 to of and commissioners named by and 
 
 on behalf of the for the examination upon interrogatories 
 
 and viva voce of witnesses on behalf of the said and 
 
 respectively at aforesaid before the said commissioners, or 
 
 any two of them, so that one commissioner only on each side be 
 present and act at the examination. 
 
 2. Both the said and shall be at liberty to 
 examine upon interrogatories and viva voce upon the subject matter 
 thereof or arising out of the answers thereto such witnesses as may 
 be produced on their behalf, with liberty to the other party to cross- 
 examine the said witnesses upon cross-interrogatories and viva voce, 
 the party producing the witness for examination being at liberty to 
 re-examine him viva voce; and all such additional viva voce 
 questions, whether on examination, cross-examination, or re- 
 examination, shall be reduced into writing, and with the answers 
 thereto, returned with the said commission. 
 
 3. Within days from the date of this order the solicitors 
 or agents of the said and shall exchange the 
 interrogatories they propose to administer to their respective 
 witnesses, and shall also within days from the exchange of 
 such interrogatories, exchange copies of the cross-interrogatories 
 intended to be administered to the said witnesses. 
 
 4. days previously to the sending out of the said 
 commission, the solicitor of the said shall give to the 
 solicitor of the said notice in writing of the mail or 
 other conveyance by which the commission is to be sent out. 
 
2S8 
 
 3- days previously to the examination of any witness on 
 
 behalf of the said or respectively, notice in writing 
 
 signed by any one of the commissioners of the party on vfhose 
 behalf the witness is to be examined and stating the time and place 
 of the intended examination, and the names of the witnesses 
 intended to be examined, shall be given to the commissioners of 
 the other party by delivering the notice to them personally, or by 
 leaving it at their usual place of abode or business, and if the 
 commissionera of that party neglect to attend pursuant to the 
 notice, then one of the commissioners of the party on whose behalf 
 the notice is given shall be at liberty to proceed with and take the 
 examination of the witness or witnesses e.v parte, and adjourn any 
 meeting or meetings, or continue the same, from day to day until 
 all the witnesses intended to be examined by virtue of the notice 
 have been examined, without giving any further or other notice of 
 the subsequent meeting or meetings. 
 
 6. In the event of any witness on his examination, cross- 
 examination, or re-examination producing any book, document 
 letter, paper, or writing, and refusing for good cause to be stated in 
 his deposition, to part with the original thereof, then a copy thereof, 
 or extract therefrom, certified by the commissioners or commissioner 
 present to be a true and correct copy or extract shall be annexed to 
 the deposition of such witness. 
 
 7. Each witness to be examined under the commission shall be 
 examined on oath, affirmation, or otherwise in accordance with his 
 religion by or before the said commissioners or commissioner. 
 
 8. If any one or more of the witnesses do not understand the 
 English language (the interrogatories, cross-interrogatories, and vied 
 voce questions, if any, being previously translated into the language 
 with which he or they is or are conversant), then the examination 
 shall be taken in English through the medium of an interpreter or 
 interpreters, to be nominated by the commissioners or commissioner, 
 and to be previously sworn according to his or their several religions 
 by or before the said commissioners or commissioner truly to interpret 
 the questions to be put to the witness or witnesses, and his and 
 their answers thereto. 
 
254 
 
 9. The depositions to be taken under and by virtue of the said 
 commission shall be subscribed by the witness or witnesses, and by 
 the commissioners or commissioner who shall have taken such 
 depositions. 
 
 10. The interrogatories, cross-iuterrogatories, and depositions, 
 together with any documents referred to therein, or certified copies 
 thereof or extracts therefrom, shall be sent to the Registrar of the 
 
 District of the Court of Chancery of the County Palatine 
 of Lancaster on or before the day of . or such further 
 
 or other day as may be ordered, enclosed in a cover under the seal 
 or seals of the said commissioners or commissioner, and office copies 
 thereof may be given in evidence on the trial of this action by and 
 on behalf of the said and respectively, saving all just 
 
 exceptions, without any other prfaof of the absence from this country 
 of the witness or witnesses therein named, that an affidavit of the 
 solicitor or agent of the said or respectively as to 
 
 his belief of the 
 
 11. The trial of this cause is to be stayed until the return of the 
 said commission. 
 
 13. The costs of this order, and of the commission to be issued 
 in pursuance hereof, and of the interrogatories, cross-interrogatories, 
 and depositions to be taken thereunder, together with any such 
 document, copy, or extract as aforesaid, and official copies thereof, 
 and all other costs incidental thereto, shall be 
 
 No. 23. 
 
 Order Dismissing Summons ( Generally. ) 
 
 [Heading as in Form 2.] 
 
 {Commence as in Form 2.) 
 
 This Court doth not think fit to make any order upon the 
 application but doth order that the do pay unto the 
 
 his costs of this application to be taxed. 
 
265 
 
 APPENDIX L. 
 
 No. 1. 
 
 Form of Waerant. 
 
 In the Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 A. V. B. 
 
 On the application of the solicitor for the plaintiff {or defendant, 
 or as the case may be\ I do appoint to consider the undermentioned 
 matter on the day of 1 8 , at 
 
 o'clock in the noon at my chambers, situate at 
 
 in the said County. 
 
 Dated this day of 18 . 
 
 To tax costs [or as the case may fee]. 
 
 Endorsement on Warrant. 
 
 A.B., 
 Kegistrar. 
 
 A copy of this warrant was delivered at the ofiBce of Messrs. 
 A. d B. {solicitors of parly served"] on the day of between 
 
 the hours of and o'clock by me, 
 
 Dated this day of 
 
 X.Y., 
 Clerk to Messrs. CD. and E.F., 
 of 
 
 No. 2. 
 
 Form of Advertisement for Claimants not being Creditors. 
 
 Pursuant to a judgment [or order] of the Court of Chancery of 
 the County Palatine of Lancaster, made in [the matter of the estate 
 
266 
 
 of , and ill] an action by against the persons 
 
 claiming to be next of kin to ior the heir of, as the case may be] , 
 late of , in the county of who died in or about the month 
 
 of , are by their solicitors, on or before the day of , 
 
 to come in and prove their claims at the Chambers of the Registrar 
 of the District of the said Court situate at , or in default 
 
 thereof they will be peremptorily excluded from the benefit of the 
 said judgment [or order]. The day of , at o'clock in 
 
 the noon, at the said Chambers, is appointed for hearing and 
 
 adjudicating upon the claims. 
 
 Dated the day of 18 . 
 
 A.B., 
 
 Registrar. 
 
 No. 3. 
 
 FoBM OF Advertisement fob Cbeditobs. 
 
 Pursuant to a judgment [or an order] of the Court of Chancery 
 of the County Palatine of Lancaster, made in [the matter of the estate 
 of A.B., and in] an action S. against P., the creditors oi A.B., late of 
 , in the county of , who died in or about the month of , 
 18 , are on or before the day of 18 , to send by post, 
 
 prepaid, to E.F., of , the solicitor of the Defendant CD., the 
 
 executor (or administrator) of the deceased {or as may be directed), 
 their Christian and surname, addresses and descriptions, the full 
 particulars of their claims, a statement of their accounts, and the 
 nature of the securities (if any) held by them, or in default thereof, 
 they will be peremptorily excluded from the benefit of the said 
 judgment {or order). Every creditor holding any security is to pro- 
 duce the same before the Registrar of the District at his 
 Chambers, situate at , on the day of 1 8 , at 
 o'clock in the noon, being the time appointed for adjudication 
 on the claims. 
 
 Dated this day of 18 . 
 
 G.H., 
 
 Registrar. 
 
287 
 
 No. 4. 
 
 Notice to Cbeditors to produce Documents. 
 
 (Short Title.) 
 
 Vou are hereby required to produce in support of the claim sent 
 
 iu by you against the estate of A.B., deceased (describe the document 
 
 required to be produced), before the Registrar of the District, 
 
 at his Chambers, situate at , on the day of 18 , at 
 
 o'clock in the noon. 
 
 Dated this day of 18 . 
 
 G.R., of, &c., solicitor for plaintiff {or defendant, or as the case may 
 be). To Mr. S.T. 
 
 No. 5. 
 
 Affidavit of Executok or Administrator as to Claims of 
 Creditors. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District. 
 
 {Title.) 
 
 We, CD. of dc, the above-named plaintiff {or defendant, or as 
 may be), the executor {or administrator] of A.B. late of , in the 
 
 county of , deceased, and E.F. of, Sc, solicitor, severally make 
 
 oath and say as follows : 
 
 I, the said E.F., for myself, say as follows : 
 
 1, I have in the paper writing now produced and shown to me, 
 and marked A., set forth a list of all the claims the particulars of 
 which have been sent in to me by persons claiming to be creditors 
 of the said A.B., deceased, pursuant to the advertisement issued iu 
 that behalf, dated the day of 18. 
 
 And I, the said CD., for myself say as follows : 
 
258 
 
 2. I have examined the particulars of the several claims men- 
 tioned in the paper writing now produced and shown to me, and 
 marked A., and I have compared the same with the books, accounts, 
 and documents of the said A.B., (or as may be, and state any other 
 inquiries or investigations made), in order to ascertain, so far as I am 
 able, to which of such claims the estate of the said A,B,, is justly 
 liable. 
 
 3. From such examination (and state any other reasons) I am of 
 opinion and verily believe, that the estate of the said A.B. is justly 
 liable to the amounts set forth in the sixth column of the first part 
 of the said paper writing, marked A., and to the best of my know- 
 ledge and belief, such several amounts are justly due from the estate 
 of the said A.B., and proper to bo allowed to the respective 
 claimants named in the said schedule. 
 
 4. I am of opinion that the estate of the said A.B. is not justly 
 liable to the claims set forth in the second part of the said paper 
 writing, marked A., and that the same ought not to be allowed 
 without proof by the respective claimants {or, 1 am not able to state 
 whether the estate of the said A.B. is justly liable to the claims set 
 forth in the second part of the said paper writing, marked A., or 
 whether such claims, or any parts thereof, are proper to be allowed 
 without further evidence). 
 
 5. Except as hereinbefore mentioned, there are not, to the best of 
 my knowledge, information, and belief, any other claims against the 
 estate of the said A.B. 
 
 Sworn, &c. 
 
 No. 6. 
 
 Exhibit referred to in Affidavit No. 5. 
 
 A. 
 
 [Short Title.] 
 
 List of claims, the particulars of which have been sent in to 
 E. F., the solicitor of the plaintiff [or defendant, or as may be], by 
 
269 
 
 persons claiming to be creditors of A. B., deceased, pursuant to the 
 advertisement issued in that behalf, dated the day 
 
 of , 18 . 
 
 This paper writing marked A. was produced and shown to 
 and is the same as is referred to in his affidavit sworn before me 
 this day of 18 . W. B., &c. 
 
 First Part. — Claims proper to be allowed without further evidence. 
 
 Serial 
 No. 
 
 NameB of 
 Claimants. 
 
 Addresses and 
 Descriptions. 
 
 Partioulors 
 of Claim. 
 
 Amount claimed. 
 
 Amount proper 
 to be allowed. 
 
 
 
 
 
 £ s. d. 
 
 £ s. d. 
 
 Second Part. — Claims whicli ought to be proved by the Claimants. 
 
 Serial Ko. 
 
 Names of Olaimants. 
 
 Addresses and 
 Descriptions. 
 
 Particulars of Claim. 
 
 Amount 
 Claimed. 
 
 
 
 
 
 M «. d. 
 
 No. 7. 
 
 Notice to Creditor of Allowance of Claim. 
 
 [Short Title.] 
 
 The claim sent in by you against the estate of A. B., deceased, 
 has been allowed at the sum of £ , with interest thereou 
 
 at £ per centum per annum, from the day 
 
 of , 18 , and £ for costs. 
 
 [If part only allowed, add, If you claim to have a larger sum 
 
 allowed, you are hereby required to prove such further claim, and 
 
 vou are to file such an affidavit as you may be advised in support of 
 
 your claim, and to give notice thereof to me on or before the 
 
 (Jay of , 18 , next and to attend by 
 
260 
 
 your solicitor at the Chambers of the Registrar of the District, 
 
 situate at on the day of ,18 
 
 at o'clocli in the noon, being the time 
 
 appointed for adjudicating on the claim. 
 
 Dated this day of ,18 
 
 G. R., of, &c., Solicitor for the plaintiff {or defendant, or as 
 may be). 
 
 To Mr. P. R. 
 
 No. 8. 
 
 Notice to Cbeditoe to prove his Claim. 
 
 [Short Title.] 
 
 You are hereby required to prove the claim sent in by you against 
 the estate of A. B., deceased. You are to file such affidavit as you 
 may be advised in support of your claim, and give notice thereof to 
 me on or before the day of next, and to 
 
 attend bj your Solicitor at the Chambers of the Registrar of the 
 District situate at on the day of 
 
 18 , at o'clock in the noon, being the time 
 
 appointed for adjudicating on the claim. 
 
 Dated this day of ,18 
 
 G. R , of, &c , Solicitor for the plaintiff {or defendant, or as 
 may be.) 
 
 To Mr. S. T. 
 
 No. 9. 
 
 Notice that Cheques may be beceived. 
 
 [Short. TitU.] 
 
 The cheques for the amounts directed to be paid to the creditors 
 of A. B., deceased, by an order made in ihis (matter and) action 
 
261 
 
 dated the day of ,18, may be receiied 
 
 at the Chancery OflBce, situate at on and after the 
 
 day of 18 
 
 G. R., of &c., Solicitor for the plaintiff (or defendant, or as 
 may be. 
 
 To Mr. W. S. 
 
 No. 10. 
 Eeport of Registrar. 
 
 [Title.] 
 
 In pursuance of the directions given to me I hereby certify that 
 the result of the accounts and inquiries which have been taken and 
 made in pursuance of the judgment (or order) in this cause dated 
 the day of is as follows : 
 
 1 . The defendants the executors of 
 
 the testator, have received personal estate to the amount of £ 
 and they have paid or are entitled to be allowed on account thereof, 
 suras to the amount of £ leaving a balance due from (or to) 
 
 them of £ on that account. 
 
 The particulars of the above receipts and payments appear in the 
 account marked verified by the affidavit of numbered 
 
 except that in addition to the sums 
 appearing on such account to have been received, the said defendants 
 are charged with the following sums (stale the same here or in a 
 schedule) and except that I have disallowed the items of disburse- 
 ment in the said account numbered , and, 
 
 [Or in cases where a transcript has been made.] 
 
 The defendants have brought in an account verified by 
 
 the afiBdavit of numbered 
 
 The account has been altered, and the account marked 
 and which is also to be filed with this report, is a transcript of 
 the account as altered and passed. 
 
262 
 
 2. The debts of the testator which have been allowed, are set 
 forth in the schedule hereto, and with the interest thereon 
 and costs mentioned in the schedule are due to the persons therein 
 named, and amount altogether to £ 
 
 3. The funeral expenses of the testator amount to the sum of £ 
 which I have allowed the said executors in the said account of 
 personal estate. 
 
 4. The legacies given by the testator are set forth in the 
 Schedule hereto, and with the interest therein mentioned remain 
 due to the persons therein named, and amount altogether to £ 
 
 5. The outstanding personal estate of the testator consists of the 
 particulars set forth in the Schedule hereto. 
 
 6. The real estate to which the testator was entitled consists of 
 the particulars set forth in the Schedule hereto. 
 
 7. The defendants have received rents and profits of the testator's 
 real estate, &c., [in a form similar to that provided mth respect to 
 the personal estate]. 
 
 8. The incumbrances affecting the said testator's real estate are 
 specified in the Schedule hereto. 
 
 9. The real estates of the testator directed to be sold, have been 
 sold, and the purchase monies, amounting to £ have been paid 
 into Court. 
 
 N.B. — The above numbers are to coiTespond with the numbers in 
 the order. 
 
 After each statement, the svidence produced is to be stated as 
 follows : — 
 
 The evidence produced on this account [or inquiry] consists of 
 the probate of the testator's will, the affidavit of A.B. numbered 
 and paragraph numbered of the affidavit of CD., numbered 
 
263 
 
 No. 11. 
 
 Affidatit vekifying Accounts and answering usual Inquikies 
 AS TO Eeal and Peksonal Estate. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District. 
 
 {Title.) 
 
 We, A.B., of, dc , CD., of, dc, and E.F., of, dc, 
 
 the above-named defendants, severally make oath and say as 
 follows : — 
 
 1. "We have according to the best of our knowledge, information, 
 and belief, set forth in Schedule I. hereto a full account and inventory 
 of the personal estate of or to which G.H. , the testator in 
 the judgment [or order] dated made in this action [or matter] 
 named, who died on the day of , was possessed or entitled 
 at the time of his death, and not by him specifically bequeathed. 
 
 2. Save what is set forth in the said Schedule I., 
 
 and what is by the said testator specifically bequeathed, '^^fJ°^'^^^,"' 
 the said testator was not to the best of our knowledge, ^j^^eai"'^'' 
 information, or belief, at the time of his death possessed ^4ie°m' 
 of or entitled to any debt or sum of money due to him ^reOT»i°eBta,to 
 from us or any of us on any account whatsoever, nor bequMithea.* '' 
 to any leasehold or other personal estate whatsoever. 
 
 3. The said testator's funeral expenses have been paid. The 
 same consist of the items of disbursement numbered and 
 
 in the account hereinafter referred to [or if not paid, it 
 should be so stated with the amount due and to whom due]. 
 
 4. We have in the account marked A., now produced 
 
 and shown to us, according to the best of our knowledge, ™^j5''^h 
 information, and belief, set forth a full account of the ^^t^the 
 personal estate of the said testator, not by him specifi- a"''"™'' 
 cally bequeathed, which has come to our hands or to the hands of 
 any of us, or to the hands of any person or persons by our order, or 
 the order of any of us, or for our use or the use of any of us, with 
 the times when, the names of the persons from whom, and on what 
 
264 
 
 account the same has been received, and also a like account of the 
 disbursements, allowances, and payments made by us or any of us 
 on account of the said testator's funeral expenses, debts, and per- 
 sonal estate, together with the times when the names of the persons 
 to whom and the purposes for which the same were disbursed, allowed, 
 or paid. 
 
 5. And we, each speaking positively for himself and to the best 
 of his knowledge and belief as to other persons, further say that 
 except as appears in the said account marked A., we have not, nor 
 has any of us, nor have nor has any other person or persons by our 
 order or the order of any of us, or for our use, or the use of any of 
 us, possessed, received, or got in any part of the said testator's 
 personal estate, nor any money in respect thereof, and that the said 
 account marked A. does not contain any item of disbursement, 
 allowance, or payment, other than such as has actually been 
 disbursed, paid, or allowed on the account aforesaid. 
 
 6. We have, in the 2nd column of the fourth Schedule hereunder 
 written, set forth particulars of all the pecuniary legacies given by 
 the said testator's will and codicil opposite to the names of the 
 legatees to whom the same are bequeathed, which are inserted in 
 the 1st column of the same Schedule. In the 3rd column of the 
 same Schedule we have set forth opposite to the names of the said 
 legatees respectively what has been paid to them on account of 
 their respective legacies, and in the 4th column of the same 
 Schedule opposite their respective names what remains due or 
 owing in respect of their said respective legacies. 
 
 7. To the best of our knowledge, information, and belief, the 
 personal estate of the said testator, now outstanding or undisposed 
 of, consists of the particulars set forth in Schedule II. hereto. 
 
 8. Save what is set forth in the Schedule II., there is not to our 
 knowledge, information, or belief, any part of the said testator's 
 personal estate now outstanding or undisposed of. 
 
 9. We have, according to the best of our knowledge, information, 
 and belief, set forth in the Ist column of Schedule III. hereto the 
 
265 
 
 particulars of all the real estate which the said G. H. was seized 
 of or entitled to at the date of his death. 
 
 10. Save what is set forth in the said 1st column, the said testator 
 was not, to the best of our knowledge, information, or belief, at the 
 time of his death seized of or entitled to any real estate whatsoever. 
 
 1 1. We have, according to the best of our knowledge, information, 
 and belief set forth in the 2nd column of the said 3rd Schedule 
 hereunder written the particulars of all the incumbrances affecting 
 the said testator's real estate, and what part thereof such incum 
 brances respectively affect ; and in the 3rd column of the same 
 Schedule ice have set fortl\ what parts of the said testator's real 
 estate have been sold, and by and to whom and for what price or 
 prices. By whom the purchase-mouey has been received, and how 
 the same has been applied or disposed of, appears in the account 
 marked B next hereinafter mentioned. 
 
 12. We have, in the account marked B., now pro- 
 duced and shown to us, according to the best of our accord with 
 
 the orde r 
 
 knowledge, information, and belief, set forth a full directing the 
 
 account. 
 
 account of all the rents and profits of the said testator s 
 real estate which has come to our hands or to the hands of any 
 of us, or to the hands of any person or persons by our order, or 
 the order of any of us, or for our use, or the use of any of us, and 
 the times when, the names of the persons from whom, on what 
 account, in respect of what part of such estate the same have been 
 received, and the times when the same became due, and also a like 
 account of the disbursements, allowances, and payments made by us, 
 or any or either of us, in respect of the said testator's real estate, 
 or the rents and profits thereof, and the times when, the names of 
 the persons to whom, and the purposes for which, the same were 
 made. 
 
 13. And we, each speaking positively for himself, and to the best 
 of his knowledge and belief as to other persons, further say that, 
 except as appears in the said account marked B., we have not, nor 
 has any of us, nor has any other person by our order, or the order 
 of any of us, or for our use, or the use of any of us, possessed. 
 
266 
 
 reoeired, or gbt in any rents or profits of the said testator's real 
 estate, nor any money in respect thereof, and that the said account 
 marked B. does not contain any item of disbursement, payment, or 
 allowance, other than such as has actually been disbursed, paid, or 
 allowed, as above stated. 
 
 The First Schedule above referred to. 
 
 1. £50 cash in the house. 
 
 2. £100 cash at the testator's bankers, Messrs. A. and B. 
 
 3. £1,000 consolidated £3 per cent, annuities, standing in the 
 testator's name. 
 
 i. £10 due from John James, for half-year's rent of house at 
 to Michaelmas, 1882. 
 
 5. £32 6s. 8d. balance remaining due from John Thomas on 
 account of half-yeSr's rent of farm at , to Michaelmas, 1882. 
 
 6. £300, a debt due from Samuel Jones on a bond, with interest 
 from , at per cent. 
 
 7. A leasehold house situate at , held under a lease for a 
 term of , which will expire on , at a rent of £ 
 
 a year, underlet to James Evans for a term which will expire on , 
 
 at a rent of £50 a year. 
 
 8. £25, half a year's rent due from the said James Evans to 
 
 The Second Schedule above referred to. 
 [The particulars to be set forth in the same manner as above.] 
 
267 
 The Third Schedule above referred to. 
 
 1st Colmuii. 
 
 2nd Column. 
 
 3rd Column. 
 
 Particulars of 
 
 Particulars of 
 
 Particulars of 
 
 Beal Estate. 
 
 Incumbrances. 
 
 Sales. 
 
 1. Two freehold houses, Nos. 
 
 Mortgaged to A.B. to 
 
 Sold by the 
 
 1 and 2, Street, Liver- 
 
 secure £ , and inte- 
 
 mortgagee to 
 
 pool. 
 
 rest at £ per cent. 
 
 X.Y. for £ 
 
 2. A freehold farm, called 
 
 Charged with an an- 
 
 Unsold. 
 
 "Hill Farm," situate at 
 
 nuity of £50 to CD., 
 
 
 , containing about 
 
 payable half yeaily, on 
 
 
 oOO acres, and in the occu- 
 
 the day of 
 
 
 pation of J.S., under a lease 
 
 and the day 
 
 
 for a term of 21 years. 
 
 of 
 
 
 which will expire at Mi- 
 
 
 
 chaelmas 18 , at a yearly 
 
 
 
 rent of £600. 
 
 
 
 The Fourth Schedule above referred to. 
 
 1st Column. 
 
 2nd Column. 
 
 3rd Column. 
 
 4th Column. 
 
 Names of Legatees. 
 
 Amount of 
 
 Legacies 
 
 Bequeathed. 
 
 Amount Paid. 
 
 Amount Due. 
 
 1 
 2 
 3 
 
 4 
 
 
 
 
 No. 13. 
 
 Account of Personal Estate, being Account A. eefeeeed to 
 
 IN Form No. 11. 
 
 A. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District 
 
 (Title.) 
 
 This account marked A. was produced and shown to A.B„ CD., 
 B 2 
 
268 
 
 and E.F., and is the account referred to in their a£Bdavit sworn this 
 day of 
 
 Before me [to be signed here by Commissioner or officer before whom 
 the affidavit is sworn.] 
 
 Eeceipts. 
 
 No. of 
 
 Date when 
 
 Nmnes of Persons from 
 
 On -what Account 
 
 Amount 
 
 Item. 
 
 received. 
 
 ■whom received. 
 
 received. 
 
 received. 
 
 
 18 . 
 
 
 
 £ ». d. 
 
 1 
 
 
 • . . . • • 
 
 Found in house. 
 
 
 2 
 
 
 Evans and Go. . . 
 
 Balance at banker's. 
 
 
 3 
 
 
 
 Half-year's dividend on 
 £2000 £3 per cent, 
 annuities due. 
 
 
 i 
 
 
 John James 
 
 Bond debt of £300 
 and interest from 
 to 
 
 
 5 
 
 
 Samuel Jones 
 
 Bond debt of £300 
 and interest from 
 to 
 
 
 6 
 
 
 James Evans 
 
 Half-year's rent of 
 leasehold house due 
 
 
 7 
 
 
 William Williams 
 
 Produce of sale of 
 the above leasehold 
 house. 
 
 
 Disbursements. 
 
 No. of 
 
 Date when 
 
 Names of Persona 
 
 For what 
 
 Amount 
 
 Item. 
 
 paid or 
 
 to whom paid or 
 
 purpose paid or 
 
 paid or 
 
 
 allowed. 
 
 allowed. 
 
 allowed. 
 
 allowed. 
 
 
 18 . 
 
 
 
 £ s. d. 
 
 1 
 
 
 James Price 
 
 Undertaker's bill for 
 funeral. 
 
 
 2 
 
 
 Messrs. A. and B. 
 
 Expenses of probate. 
 
 
 3 
 
 
 John George 
 
 A debt due to him for 
 medical attendance. 
 
 
 4 
 
 
 James Price 
 
 Bond debt of £1000 
 and £25 for interest 
 thereon from 
 to 
 
 
269 
 
 No. 13. 
 
 Account of Rents and Peopits, being the Account B. referred 
 TO m No. 11. 
 
 B. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District 
 
 (Title.) 
 
 This account marked B. was produced and shown to A.B., CD., 
 and E.F., and is the account referred to in their affidavit sworn this 
 
 day of 
 Before me [to be signed here by Commissioner or officer before whom 
 the affidavit is sworn.] 
 
 Eeceipts. 
 
 No. of 
 Item. 
 
 T.„*„ i> « Names of 
 .SSilSl Persons from whom 
 '=°^^^- received. 
 
 On what Accoant and in 
 
 respect of what Part of 
 
 the Estate received, 
 
 and when due. 
 
 Amount 
 received. 
 
 18 . 
 
 1 1 
 
 I 
 2 
 
 3 
 
 John James 
 Thomas James . . 
 John James 
 
 Half-year's rent for farm 
 
 iu parish of , 
 
 due 
 One quarter year's rent 
 
 of house at , 
 
 due 
 Same as No. 1, due 
 
 £ s. d. 
 
 Disbursements. 
 
 No. of 
 Item. 
 
 Date 
 
 when 
 
 paid or 
 
 allowed. 
 
 Names of 
 
 Persons to whom paid 
 
 or allowed. 
 
 For what Purpose paid 
 or allowed. 
 
 Amonnt 
 paid or 
 allowed. 
 
 1 
 
 2 
 3 
 
 18 . 
 
 Sun Insurance Office 
 
 Thomas Carpenter. . 
 James Francis 
 
 One year's Insurance against 
 
 fire, due . . 
 Repairs at John Jones' farm 
 Income Tax, half-year due 
 
 10th October . . 
 
 £ s. d. 
 
270 
 
 ■S C5 
 
 3 ^ g 
 
 o M -^ 
 
 
 
 M 
 
 n 
 
 u 
 
 y 
 
 O 
 
 o 
 
 fll 
 
 •< 
 
 rfl 
 
 
 
 o 
 
 
 
 
 if 
 
 ti 
 
 e« 
 
 ^ 
 
 
 ■a 
 
 «s 
 
 =rt 
 
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 1^ 
 
 •B 
 
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 =n 
 
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 T3 
 
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 =rt 
 
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 •a 
 g 
 
 •s 
 
 " 
 
 <¥! 
 
 Ij 
 
 S BO : a : 
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 J 
 
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 l! 
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 ll 
 
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1^ 
 
 H 
 
 m 
 
 
 o 
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 o 
 
 o 
 «»3 
 
 p3 
 
 
 
 
 
 1 
 
 ■53 
 
 
 so 
 
 
 <« 
 
 
 s 
 
 ■a 
 
 a 
 H 
 
 a 
 
 1 
 1 
 
 One year's insurance of, due 
 Bill for repairs at house 
 
 let to Thomas Jones . . 
 Allowance for a half-year's 
 
 Income Tax, due 
 
 Total payments & 
 
 1 
 §1 
 
 Is 
 
 It 
 
 Sun Fire OfiBce . . 
 Thomas Carpenter 
 
 James Francis 
 
 8 
 
 Id 
 s s 
 
 1 
 
 
 
 rH 91 m 
 
 
 271 
 
 W 
 
 »5 
 O 
 
 P 
 O 
 
 !5 
 O 
 m 
 
 o 
 
 Hi 
 <! 
 
 5 
 
 PL, 
 
 W 
 
 O 
 
 E-l 
 P 
 
 o 
 o 
 
 o 
 
 1^ 
 
 P^ 
 
 ■g 3'g 
 
 ■2 '3 =3 
 
 
 ga . 
 
 ° at 
 SgSS 
 
272 
 
 «ft 
 
 5 ■" 
 
 « 
 
 «rt 
 
 2 § 
 
 (g 
 
 !rt I 
 
 
 
 •a 
 
 9 9 
 
 S 
 
 3 r> 
 
 ■9 i - 
 
 60 
 
 .5 
 
 * 
 
 
 A 
 
 ^S* 
 
 CQ 
 
 
 
 
 
 
 ^ 
 
 g 
 
 O 
 
 GQ 
 
 
 <L> 
 
 
 
 i 
 
 P4 
 
 
 
 
 
 
 i 
 
 .& 
 
 1 
 
 M 
 
 .9 ^ .« 
 
 ■a ^ -2 
 
 
 I 
 
 &< 
 
 t3 
 
 a 
 
 o 
 
 
 
 
 3 
 
 
 
 
 
 
 
 
 
 t) 
 
 
 
 f^ 
 
 1 
 
 
 
 Pi 
 
 Ph 
 
 
 
 
 o 
 
 
 o 
 
 
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 u 
 
 
 
 
 a 
 
 
 
 o 
 
 
 n 
 
 ^1 
 
273 
 
 No. 15. 
 
 List of Debts Allowed. 
 
 James v. Jones. 
 List of Debts, 
 
 No. of 
 
 Entry of 
 
 Claim. 
 
 Names 
 
 of 
 
 Creditors. 
 
 Amounts 
 
 allowed for 
 
 Principal, Inte. 
 
 rest, and Costa. 
 
 Total 
 Amounts Due, 
 
 James Allen 
 
 1 Charles Cohen 
 
 ! John Dennis 
 i and 
 
 [Owen Thomas 
 
 Boston, in the county of 
 Lincoln, Surgeon. 
 Interest . . 
 Costs 
 
 98, Piccadilly, in the 
 county of Middlesex, 
 Gentleman, executor of 
 John Thomas . . 
 
 Interest from 5th October, 
 1850, at £5 per cent. . . 
 
 Costs 
 
 16, Fleet Street, London 
 Grocers, and co-partners, 
 
 Interest from 16th October, 
 1882, at £5 per cent. . 
 
 Another debt 
 
 Interest . . 
 
 Costs 
 
 £ s. d. 
 
 100 
 
 4 
 
 2 2 
 
 67 
 
 4 2 
 2 2 
 
 100 
 
 5 
 
 62 
 
 2 10 
 
 2 4 
 
 d. 
 
 106 2 
 
 73 4 
 
 171 14 6 
 
274 
 
 No. 16. 
 
 List op Legacies Eemaining Unpaid. 
 
 James v. Jones. 
 
 List of Legacies. 
 
 Name o{ Legatees. 
 
 Descriptions. 
 
 Amounts of 
 
 Principal and 
 
 Interest. 
 
 Amounts Due. 
 Total 
 
 James Qliver 
 
 Son of testator, an infant. 
 Interest . . 
 
 Of 20, Cheapside, I;oncloD, 
 Widow 
 
 Interest from Ist January, 
 1850, the death of testator 
 
 Of Lincoln, Esq. . . 
 Paid in part 
 
 Interest , . 
 
 £ s. d. 
 
 100 
 
 7 5 6 
 
 £ 8. d. 
 107 5 6 
 
 64 8 
 
 Mary Bussell 
 
 50 
 4 8 
 
 Jane, the wife of 
 John ■Williams. 
 
 250 
 50 
 
 
 200 
 U 11 
 
 214 11 
 
 
 Total £ 
 
 
 
 No. 17. 
 
 List of Annuities and Aeeeaes Due. 
 List of Annuities. 
 
 Names of Annuitants. 
 
 Description of Annuitants and 
 
 Amounts of 
 
 Amounts of 
 
 
 Nature of Annuities. 
 
 Annuities. 
 
 Arrears duo. 
 
 
 
 £ 8. d. 
 
 £ ». d. 
 
 Mary Jones 
 
 Spinster, daughter of testa- 
 
 
 
 
 tor, during her life 
 
 50 
 
 25 
 
 Maria 'Williams . . 
 
 Widow of testator, during 
 
 
 
 
 her life and widowhood . 
 
 200 
 
 
 
 Arrears due from 7th August, 
 
 
 
 
 1882, down to which it has 
 
 
 
 
 been paid 
 
 Total . . £ 
 
 .. 
 
 300 
 
 
 
 £ 
 
275 
 
 No. 18. 
 
 List of Apportionments amono Ceeditoks or Legatees. 
 
 Apportionment among Creditors (or Legatees). 
 
 Names of 
 
 Creditors 
 
 (or Legatees). 
 
 AddieBses. 
 
 Amounta 
 before cer- 
 tified to be 
 
 due and 
 subsequent 
 
 Interest. 
 
 Totals due. 
 
 Amounts 
 apportioned. 
 
 John Jones . . 
 
 20, Cheapside, London, 
 
 woollen draper 
 Subsequent interest . . 
 
 Braintree, in the county 
 of Essex, executors of 
 William Young, de- 
 ceased 
 
 Subsequent interest . . 
 
 £ ». d. 
 
 200 
 17 10 
 
 £ ». d. 
 217 10 
 
 217 10 
 Total £ 
 
 £ B. d. 
 57 4 8 
 
 57 4 8 
 
 Thomas Yonng 
 and Bobert 
 Young 
 
 200 
 17 10 
 
 
 
 No. 19. 
 
 Eeceiver's Bond. 
 
 Know all ^Ien by these presents that we 
 
 of , of , and 
 
 of are jointly and severally held and firmly 
 
 bound to , Esquire, the Registrar for 
 
 the District of the Chancery of the County Pala- 
 
 tine of Lancaster, in the sum of to be paid to 
 
 the said , or his certain attorney, executors, 
 
 administrators, or assigns, for which payment to be well and 
 truly made we bind ourselves and each and every of us, and 
 each and every or any two of us jointly as well as severally 
 and the heirs, executors, and administrators of each and 
 every of us and each and every or any two of us for the whole 
 and every part thereof firmly by these presents. 
 Sealed with our seals 
 
 Dated this day of in the year of our 
 
 Lord, one thousand eight hundred and 
 
276 
 
 Whereas, by an order of the Court of Chancery of the County 
 Palatine of Lancaster, made in a cause wherein are plaintiffs 
 
 and defendants, and dated the day of 
 
 It was ordered that a proper person should be appointed to receive 
 [or that upon the above bounden first giving security he should 
 
 be appointed receiver of] the rents and profits of the real estate, and 
 to collect and get in the outstanding personal estate of in 
 
 the said order named. And whereas the Registrar hath [approved 
 of the said as a proper person to be such 
 
 receiver and hath] approved of the above bounden and 
 
 as sureties for the said and hath also approved of the above 
 
 written bond with the under-written condition as a proper security 
 to be entered into by the said and pursuant to the 
 
 said order and the general orders of the said Court in that behalf, 
 and in testimony of such approbation the Registrar hath signed 
 an allowance in the margin hereof. 
 
 Now the condition of the above-written bond is such that if the 
 said do and shall duly account for all and every the sura 
 
 and sums of money which he shall so receive on account of the rents 
 and profits of the real estate, and in respect of the personal estate of 
 the said , at such periods as the Court or Vice-Cbancellor 
 
 has appointed, or the said Court or Vice-Cbancellor or the 
 Registrar shall appoint, and do and shall duly pay the balances which 
 shall from time to time be certified to be due from him as the said 
 Court or Vice-Chancellor or Registrar hath directed or shall here- 
 after direct, then ihe above bond shall be void and of none effect, 
 otherwise the same is to be and remain in full force and virtue. 
 
 In witness whereof the said have hereunto set their 
 
 hands and seals. 
 
 Signed, sealed, and delivered by the said 
 in the presence of 
 
 No. 20. 
 Affidavit ^'EBIPYING Receivee's Account. 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District. 
 
 {Title). 
 
277 
 
 I, , of , the receiver appointed in this cause, make oath 
 
 and say as follows : 
 
 1 . The account contained from page to page , both inclu- 
 sive, in each of the two several books marked with the several letters 
 A. and B. produced and shown to me at the time of swearing this 
 This is to accord my affidavit, and purporting to be my account of t/t8 
 
 with the order ' f r & J 
 
 ftppointing the rents and projits of the real estate and of the outstanding 
 receiver. 
 
 personal estate of , the testator [or intestate] in 
 
 this cause, from the day of , 18 , to the 
 
 day of , 18 , both inclusive, contains a true account of all and 
 
 every sum of money received by me or by any other person or persons 
 The date to by my Order or, to my knowledge or belief, for my use 
 
 which the ac- •*/.,■, i " /• 
 
 count is made On account or lu respect oi the said rents and profits 
 
 up. 
 
 accrued due on or before the said day of 
 
 on account or in respect of the said personal estate, except what is in- 
 cluded as received in my former account [or accounts] sworn by me. 
 
 2. The several sums of money mentioned in the said account, 
 hereby verified to have been paid and allowed, have been actually 
 and truly so paid and allowed for the several purposes in the said 
 account mentioned. 
 
 3. The said account is just and true in all and every the items 
 and particulars therein contained, according to the best of my know- 
 ledge and belief. 
 
 4. W,X. and Y. Z. , the sureties named in the bond, dated 
 the day of 18, are both alive, and neither of them 
 has become bankrupt or insolvent. 
 
 No. 21. 
 Affidavit vebifying Abstract. 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District. 
 
 (Title). 
 
 I, A.B., of, &c., , solicitor for in this cause [or matter], 
 
 make oath and say as follows : 
 
278 
 
 I have carefully examined and compared the abstract written on 
 sheets of paper, now produced and shown to me at the time of 
 swearing this affidavit, and marked with the letter A; with the 
 several deeds and documents thereby purported to be abstracted. 
 Such abstract is a true and correct abstract of the said deeds and 
 documents, so far as such deeds and documents relate to the heredita- 
 ments referred to in an order made in this action [or matter] dated 
 the day of 
 
 No. 22. 
 Affidavit veeifying Engbossments of Deeds. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 (TitU). 
 
 I, A.B., of, &c. , make oath and say as follows : 
 
 1. I have carefully examined and compared the parchment writing 
 now produced and shown to me at the time of swearing this affi- 
 davit, and marked with the letter A, with the draft or paper writing 
 now produced and shown to me at the time of swearing this affidavit 
 and marked with the letter B, being the draft of the conveyance [or 
 settlement, &c ] settled by the Registrar, pursuant to order made 
 in this cause [or matter] dated 
 
 3. The said parchment writing is a true and correct transcript 
 and engrossment of the said draft. 
 
 No. 23. 
 
 Obiginating Petition. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 
 District. 
 In the matter of the estate of A.B., deceased. 
 
 or 
 In the matter of an Indenture 
 dated, &c, [or as the case may be,] 
 
279 
 
 To the Right Honourable the Chancellor of the Duchy and 
 County Palatine of Lancaster. 
 
 The humble petition of X.Y. sheweth as follows : 
 
 1. 
 
 "2. 
 
 3. 
 
 Prayer. 
 
 No. 24. 
 
 Obiginating Notice op Motion. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District. 
 
 In the matter of the estate of A.B., deceased. 
 
 or 
 In the matter of an Indenture 
 dated, &c. \or as the case may be.] 
 
 Take notice that this Honourable Court will be moved before 
 HisHonourthe Vice-Chancellor Henry Fox Bristowe, Esquire, Q.C., 
 at the sittings of the Court, to be holden at St. George's Hall, 
 Liverpool [or as the case may be], in the County of Lancaster, on the 
 day of 18 at of the clock in the forenoon, or 
 
 as soon after as counsel can be heard, by counsel on behalf of 
 [slate on whose behalf the motion is made] that, &c. [state object of 
 motion], and that for the purposes aforesaid all proper directions may 
 be given, or that such further or other order may be made in the 
 premises as the justice of the case may require and to His Honour 
 may seem fit. 
 
 Dated the day of 18 . 
 
 Yours, &c., 
 
 A.B. 
 
 (addresi) 
 solicitor for the above-named 
 
 To [state solicitor or party to be served.] 
 
280 
 
 No, 25. 
 
 Originating Summons. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 District. 
 
 In the matter of the estate of A.B , deceased. 
 
 Between CD., Plaintiff, 
 and 
 E F., Defendant. 
 
 Let E.F., the executor of the said A.B., attend at the Chambers 
 
 of the Registrar of the District situate at , at ten o'clock in 
 
 the forenoon, upon the application of CD., of , Esq., who 
 
 claims to be a creditor [or, as the ease may be] upon the estate of the 
 
 above-named A.B., for an order for the administration of the personal 
 
 [or real and personal] estate of the said A.B. 
 
 Dated the day of 18 . 
 
 (Seal.) 
 
 This summons was taken out by , of , solicitors for the 
 
 above-named CD. 
 
 The following note to be added to the original summons, and when 
 the time is altered by indorsement the indorsement to be referred to as 
 below : — 
 
 Note. — If you do not attend either iu person or by your solicitor at 
 the time and place above-mentioned [or at the place above- 
 mentioned at the time mentioned iu the indorsement 
 hereon], such order will be made and proceedings taken as 
 the Vice-Chancellor may think just and expedient. 
 
 No. 26. 
 
 Notice that Cause has been set down fob tuether 
 Consideration. 
 
 In the Court of Chancery of the County Palatine of Lancaster, 
 
 District. 
 
 A. V. B. 
 
 Take notice that this cause, the further consideration whereof was 
 
281 
 
 adjourned by the order of the day of , was on the day 
 
 of set down for further consideration for the sitting of the Court 
 to be holden at , on the day of 
 
 Dated, &c. 
 
 To Mr. 
 
 Solicitor for 
 
 C. D,, 
 Solicitor for 
 
 No. 27. 
 
 FoEM OF OEDEKING ACCOUNTS AND InQUIKIES. 
 
 This Court doth order that the following inquiries and accounts 
 be taken and made by the Registrar ; that is to say, 
 
 1. — An inquiry when the said testator died. 
 
 3. An account of the personal estate not specifically bequeathed 
 of A.B., deceased, the testator in the pleadings named, come to the 
 hands of, &c. 
 
 3. An account of the testator's debts. 
 
 4. An account of the testator's funeral expenses. 
 
 5. An account of the legacies and annuities (if any), given by 
 the testator's will. 
 
 6. An inquiry what parts (if any) of the testator's said personal 
 estate are outstanding or undisposed of. 
 
 And it is ordered that the testator's personal estate not specifically 
 bequeathed be applied in payment of his debts and funeral expenses 
 in a due course of administration, and then in payment of tbo 
 legacies and annuities (if any) given by his will. 
 
 (If ordered.) 
 
 And it is ordered that the following further inquiries and accounts 
 be made and taken by the Registrar ; that is to say, 
 
282 
 
 7. An inquiry what real estate the testator was seized of or 
 entitled to at the time of his death. 
 
 8. An account of the rents and profits of the testator's real estate 
 received by, &c. 
 
 ft. An inquiry what incumbrances (if any) afifect the testator's real 
 estate, or any and what parts thereof. 
 
 (If Sale ordered.) 
 
 10. An account of what is due to such of the incumbrancers as 
 shall consent to the sale hereinafter directed in respect of their 
 incumbrances. 
 
 11. An inquiry, what are the priorities of such last-mentioned 
 incumbrances ? 
 
 And it is ordered that the testator's real estate be sold before 
 the Registrar, &c., &c. 
 
 And it is ordered that the further consideration of this action be 
 adjourned, and any of the parties are to be at liberty to apply as 
 there shall be occasion. 
 
 No. 28. 
 
 Obdinaey Conditions of Sale. 
 
 1. — No person shall at any bidding advance less than JEIO, or such 
 other sum as shall be sanctioned by the Registrar, or retract his 
 bidding. 
 
 ■2. — The sale is subject to a reserved bidding for each lot, to be 
 fixed by the Registrar. 
 
 3. — Every purchaser is at the time of the sale to subscribe his 
 name and address to his bidding, and the abstract of title and all 
 written notices and communications, warrants and summonses are 
 to be deemed duly delivered to and served upon such purchaser by 
 being left for him at or sent through the post to him to such address, 
 unless or until he is represented by a solicitor. 
 
288 
 
 4. — Every purchaser is at the time of the sale to pay a deposit of 
 £10 per centum on the amount of his purchase money to Mr. 
 
 , the person appointed by the Registrar to receive the same. 
 
 5- — The Registrar will, after the sale, proceed to certify the 
 result, and , the day of ,18 , at 
 
 of the clock in the noon, is appointed as the time at 
 
 which any purchaser — in person or by his solicitor — may, if he 
 think fit, attend at the chambers of the Registrar to settle such 
 certificate. The certificate will then be settled, aod will in dae 
 course be signed and filed and become binding without further notice 
 or expense to such purchaser. 
 
 6. — The vendor shall, within seven days after the sale, deliver to 
 each purchaser or to his solicitor an abstract of the title to the lot or lots 
 purchased by him, subject to the stipulations contained in these 
 conditions, and every purchaser, within twenty-one days after the 
 actual delivery of the abstract, is to leave at the office of Mr. 
 
 , situate at , a statement 
 
 in writing of all the objections and requisitions (if any) to or upon 
 the title, as deduced by such abstract, and upon the expiration of 
 such last-mentioned time (and in this respect time is to be deemed 
 of the essence of the contract) the title is to be considered as 
 approved of and accepted by such purchaser, subject only to such 
 objections and requisitions (if any). 
 
 7. — If any purchaser shall insist on any objection or requisition 
 as to the title or abstract or evidence of title, particulars, conditions, 
 conveyance, or otherwise, which the vendor shall not be able or 
 willing to remove or comply with, the vendor may, with the 
 consent of the Registrar, by notice in writing to be given to such 
 purchaser or his solicitor at any time, and notwithstanding any 
 negotiation or litigation in respect of such objection or requisition 
 annul the sale, and thereupon such purchaser shall be entitled at his 
 own expense to apply to the Vice-Chancellor, at the Chambers of the 
 Registrar, for the return of his deposit ; but not for any interest, 
 costs of investigating the title, or other compensation, damage, 
 or payment whatever. 
 T 2 
 
284 
 
 8. — The respective lots are sold subject to all rights of light, way, 
 and other easements aifecting the same, and to any rights of the 
 tenants ; and the respective purchasers shall be deemed to have 
 notice of the terms of all the existing tenancies. 
 
 9. — The present sale being pursuant to a Judgment of the Court 
 of Chancery of the County Palatine of Lancaster, no objection shall 
 be taken or requisition made on the ground of any formal defect of 
 parties or otherwise concerning the constitution of the action or the 
 jurisdiction of the Court to make the order. 
 
 10. — All reports and certificates of the Eegistrar made previously 
 tD the day of sale shall be conclusive evidence of the matters thereby 
 certified. 
 
 11. — Every purchaser shall, under an order to be obtained by 
 him for that purpose, at his own cost, or, in case of his neglect, by 
 the vendors at the cost of such purchaser, with the privity of the 
 Registrar, pay the balance of his purchase money into the Branch 
 Bank of England, at Liverpool, into the joint names of the 
 Clerk of the Council of the Duchy of Lancaster and the Eegistrar 
 and Comptroller, to the credit of this action, on or before the 
 day of , 18 , and if from any cause whatever 
 
 the same is not so paid then the purchaser making default is to pay 
 interest on the whole of his purchase money at the rate of £5 per 
 centum per annum from that day until the day when the same shall 
 be actually paid into the bank. Upon payment of the purchase 
 money in manner aforesaid, each purchaser is to be entitled to pos- 
 session or to the rewts and profiits, as from the said day of 
 , 18 , down to which time all outgoings are to be paid by 
 the vendors, and such outgoings shall (if necessary) for the purpose 
 of this condition be apportioned. 
 
 12.— If any error, mistake or misstatement shall appear to have 
 been made in the Particulars of Sale, such error, mistake or mis- 
 statement shall not annul any Sale, nor entitle any Purchaser to be 
 discharged from his purchase, but a proportionate amount of com- 
 pensation shall be made to or by such Purchaser as the case may 
 be, the amount of such compensation to be settled by the Registrar. 
 
285 
 
 [Add to the^e such Conditions respectini/ the title and title deeds as 
 may be necessary}. 
 
 Lastly. If any Purchaser shall not pay his purchase money at the 
 time specified, or at any other time which may be named in any order 
 for that purpose, and in all other respects perform these Conditions, 
 an order may be made by the Vice-Chancellor, upon application at 
 the Chambers of the Registrar, for the re-sale of the lot or lots 
 purchased by such Purchaser, and for payment by such Purchaser 
 of the deficiency (if any) in the price which may be obtained upon 
 such re-sale, and of all costs and expenses occasioned by such 
 re-sale. 
 
 No. 29. 
 
 Form of Bidding Paper. 
 
 I. For One Lot. 
 
 I, the undersigned G.H., of , bid at the sale by auction 
 
 in the above action (or ma^er), on the day of 18 , 
 
 the sum of £300 for, and became the purchaser of, the property 
 specified in the particulars produced at such sale, subject to the 
 conditions also produced at such sale. 
 
 G.H. 
 
 II. For Severai, Lots. 
 
 We, whose names are hereunder subscribed, respectively bid at 
 the sale by auction in the above action {or matter) on the 
 day of 18 , the sums set opposite to our respective names 
 
 for, and became the purchasers of, the respective lots specified in 
 the particulars produced at such sale, the numbers of which are set 
 opposite to our respective names, subject to the conditions also 
 produced at such sale. 
 
No. oJ 
 Lot. 
 
 Amount of 
 Highest Bidding. 
 
 Signature of the Purchasers 
 of the Lots Sold. 
 
 Purchaser's Address and 
 Quality. 
 
 1 
 
 £900. 
 
 Edward Tbomton. 
 
 Epping, Essex, Fanner. 
 
 2 
 
 £200. 
 
 Not Sold. 
 
 
 3 
 
 No bidding. 
 
 
 
 4 
 
 No bidding. 
 
 
 
 5 
 
 £500. 
 
 Not Sold. 
 
 
 6 
 
 £750. 
 
 Artbur Cuthbertson, agent 
 for John Smith. 
 
 Ilford, Essex, Esquire. 
 
 APPENDIX M. 
 
 Repeals. 
 
 The Rules and Regulations of the Court of Appeal of the 19th day 
 of May, 1855. 
 
 The Consolidated General Orders of the Court of Chancery of the 
 County Palatine of Lancaster, J 861. 
 
 The Orders dated the 28th day of February, 1866 (as to proceedings 
 under the Companies' Act and other matters). 
 
 The General Orders and Rules of the Court of Chancery of the 
 County Palatine of Lancaster, dated the 1 3th day of December, 
 1876. 
 
 The Rules of the Court of Chancery of the County Palatine of 
 Lancaster, dated the 8th day of February, 1880. 
 
 (Signed) J. G. DODSON. 
 
 NATHL. LTNDLEY, L.J. 
 HENRY FOX BRISTOWE, 
 
 V.-C, Lancaster. 
 
287 
 
 OEDER AS TO COUET FEES 
 
 UNDEB THE 
 
 COUET OF CHANCERY OF LANCASTER ACT, 1850, 
 
 jlsd the 
 COURT OF CHANCERY OF LANCASTER ACT, 1854. 
 
 27<fe November, 1884. 
 
 The Right Honourable Geoege Otto Tbevelyan, 
 Chancellor of the Duchy and County Palatine op 
 Laxcaster, with the advice and consent of Henry Fox 
 Bristowe, Esquire, Q C , Vice-Chancellor of the said 
 County Palatine of Lancaster, doth hereby, in pursuance 
 and execution of the powers given to him by the Court of 
 Chancery of Lancaster Act, 1850, and the Court of 
 Chancery of Lancaster Act, 1854, and of all other powers 
 and authorities enabling him in this behalf, order and direct 
 in manner following, namely : 
 
 I. 
 
 The fees and percentages contained in the Schedule hereto, are 
 fixed and appointed to be, and shall be, taken in the Court of 
 Chancery of the County Palatine of Lancaster by the Registrars, or 
 other proper officers, in money. 
 
 II. 
 From and after the 1st day of January, 1885, no fee, except Court 
 fees on investments and sale or transfer of stock, shall in the 
 Liverpool and Manchester districts be received without a form of 
 receipt under the hand or stamp of the Comptroller (hereinafter 
 called a fee receipt), being delivered to the person paying such fee. 
 
288 
 
 III. 
 
 Fee receipts, arranged in books, for each denomination of fee, 
 
 with consecutive numbers, shall be furnished by the Comptroller to 
 
 the Registrar upon demand, in a form to be provided by the Duchy, 
 
 and the Comptroller shall keep a proper record of the fee receipts 
 
 BO issued by him. 
 
 IV. 
 
 Upon issuing any fee receipt, the Registrar, Assistant Registrar, 
 or Clerk issuing it shall impress thereon the date of issue. 
 
 V. 
 
 The Registrars, Assistant Registrars, and all Clerks employed in 
 the Chancery offices, before filing, or acting upon any document, 
 shall see that a fee receipt for the amount of the fee payable thereon 
 has been affixed to the proper document, and shall cancel such fee 
 receipt by stamping it with a stamp to be provided for that purpose. 
 
 VI, 
 The proper documents to which such fee receipts are to be 
 attached are specified in the Schedule hereto. 
 
 VII. 
 The fees and percentages set forth in the column headed " Lower 
 Scale," in the first part of the said Schedule hereto, are to be taken 
 and paid in the cases mentioned in the second part of the same 
 Schedule, and the fees and percentages set forth in the column 
 headed " Higher Scale," in the said first part of the said Schedule, 
 are to be taken and paid in all other cases. 
 
 VIII. 
 
 The solicitor, or party acting in person, shall, on any proceeding 
 in which he claims to pay fees according to the lower scale, file in 
 the Chancery office, a certificate in the form hereunder set forth, of 
 which certificate the Registrar is, at the request of any Solicitor, or 
 any party acting in person, in the cause or matter, to mark a copy, 
 without a fee. 
 
 On production of such copy of the certificate, and upon payment 
 of the fees properly payable on the lower scale, the District 
 Registrar is to receive and file all proceedings in the cause or 
 matter. 
 
289 
 
 In auy case certified for the lower scale of Court fees, in which it 
 shall happen that the Solicitor shall become entitled to charge and 
 be allowed according to the higher scale of Solicitor's fees, the 
 deficiency in the fees of Court is to be made good. 
 
 The amount of such deficiency shall be certified by the Registrar, 
 and fee receipts for such amount shall be affixed to the certificate of 
 taxation, or bill of costs if no certificate is taken, and cancelled 
 as required by Regulation V. 
 
 In any case in which the fees have been paid upon the higher 
 scale, and in which it shall happen that the Solicitor shall become 
 entitled to charge and be allowed only according to the lower scale 
 of Solicitor's fees, the excess of fees so paid may be allowed upon 
 the taxation of costs, if the circumstances of the case shall, in the 
 judgment of the Taxing Officer, justify such allowance. 
 
 IX. 
 
 The provisions of this order shall not apply to or affect any of 
 the matters following, that is to say : — 
 
 The existing fees and percentages directed to be taken or 
 paid by any Act of Parliament. 
 
 The existing fees and percentages which shall have become 
 due or payable before the 1st day of January, 1885. 
 
 The existing fees and percentages in respect of any pro- 
 ceedings in any cause or matter pending on the said 1st day of 
 January, 1885, and in respect of which no fee or percentage is 
 hereby provided. 
 
 X. 
 Save as otherwise provided by this order, all existing fees and 
 percentages which may be taken in the Court of Chancery of the 
 County Palatine of Lancaster, or by any Registrar thereof, shall be, 
 and are, hereby abolished. 
 
 XI. 
 A folio is to comprise seventy-two words, every figure being 
 counted as one word. 
 
 XII. 
 The provisions of the 56th Order of " The Chancery of Lancaster 
 Rales, 1884," shall apply to this order. 
 
290 
 
 XIII. 
 This order shall come into operation on and from the Ist day of 
 January, 1885, and may be cited as " The Order as to Court 
 Fees, 1884." 
 
 G. 0. TREVELYAN. 
 
 HENRY FOX BRISTOWE, 
 
 V.-C, Lancaster. 
 
 Form of Certificate for Paying Lower Scale of Court 
 Fees above referred to. 
 
 (Title of Cause or Matter.) 
 I hereby certify, that to the best of my judgment and belief, the 
 Lower Scale of Fees of Court, under " The Order as to Court 
 Fees, 1884," is applicable to this case. 
 Dated, &c. 
 
 A. B, 
 Solicitor for Plaintiff {or Defendant). 
 
291 
 
 THE SCHEDULE ABOVE EEEEREED TO. 
 
 PAET THE FIRST. 
 
 An Order or Rule herein referred to by number shall mean 
 the Order or Rule so numbered in the Chancery of Lancaster 
 Rules, 1884. 
 
 Summonses, Writs, Commissions, and Wabrants. 
 
 Court Fees. Document to which 
 
 Lower Scale. Higher Scale. Fee Receipts are 
 
 £ B. a. S. e. d. 
 On sealing a writ of eummous for 
 
 commencement of an action ....0 5 010 0\ 
 
 On sealing a concurrent, renewed, 
 or amended writ of summons 
 for commencement of an action ..026 026' 
 
 On sealing a notice for service under 
 Order XVI., Rule 49 
 
 On sealing a writ of Siibpoena not ex- 
 ceeding three persons 2 
 
 On re-sealing writ of subpoena .... 1 
 
 On sealing every other writ 5 
 
 On sealing ai\ originating summons 5 
 
 On amending same 2 
 
 On sealing a duplicate thereof 2 
 
 On Bealing a copy of same for 
 
 service 
 
 On sealing or issuing any other 
 
 summons or warrant 
 
 On sealing any commission, other 
 
 than any commission under the 
 
 provisions of the Act 17 G. II. c. 7. 1 
 On marking a copy of a petition of 
 
 right for service 
 
 TO BE ATTACHED. 
 
 I The Writ of Sum- 
 r mons. 
 
 2 6 2 6 The Notice. 
 
 ■The Writ. 
 
 10 oJ 
 
 10 0) 
 
 5 0' 
 5 
 
 The Summons. 
 
 2 6 5 
 
 2 
 
 The Duplicate. 
 The Copy. 
 
 The Summons or 
 Warrant. 
 
 10 The Commission. 
 
 10 5 The Copy Petition. 
 
292 
 
 Court Fbeb. Document to which 
 
 Lo^er Soale. Higher Scale. Feb Receipts are 
 
 £ a. &. 
 Appearakoes. 
 
 On entering an appearance, for each 
 
 person 2 2 
 
 On amending same 2 2 
 
 Copies. 
 For office copy judgment or order, 
 
 not exceeding twenty folios 10 10 
 
 Exceeding twenty folios, for each 
 
 folio 6 6 
 
 For a copy of a written deposition 
 
 of a witness, to enable a party to 
 
 print the same, for each folio .... 4 4l 
 For examining a written or printed 
 
 copy, and marking same as an 
 
 office copy, for each folio 2 2 
 
 For making a copy and marking 
 
 same as an office copy, for each 
 
 folio 6 6 
 
 For a copy in a foreign language, 
 
 the actual cost. 
 For a copy of »■ plan, map, section, 
 
 drawing, photograph, or diagram, 
 
 the actual cost. 
 
 Attendances. 
 On an application, with or without a 
 
 subpoeiia, for the Kegistrar, or any 
 
 officer of the Court, to attend as a 
 
 witness, or to produce any record 
 
 or document to be given in evidence 
 
 (in addition to his reasonable ex- 
 penses), for each day, or part of a 
 
 day, he shall necessarily be absent 
 
 from the office 1 1 
 
 On every attendance for a sale within 
 
 one mile of the office 2 2 
 
 On every attendance out of the office, 
 
 (except attendances for the exami- 
 nation of witnesses,) in addition to 
 
 reasonable travelling and other ex- 
 penses, for each day, or part of a 
 
 day 3 3 
 
 TO S£ ATTACHED. 
 
 " I Memorandum of ap- 
 1 pearance. 
 
 The Office Copy. 
 
 The Copy. 
 
 0\ 
 
 Form provided for 
 that purpose at 
 
 ' the Chancery 
 Office. 
 
293 
 
 CouBT Fees. Document to which 
 
 Lower Scale. Higher Scale. Fee Beceipts are 
 
 £ S. d. £ 8. d. TO BE ATTACHED. 
 
 The Registrar or Examiner may 
 require a deposit of money on 
 account of any farther fees, or on 
 accomit of any farther expenses, 
 which may probably become pay- 
 able, beyond the amount paid for 
 fees and expenses on the applica- 
 tion, and the Registrar or Exami- 
 ner, or his clerk, taking such 
 deposit, shall thereupon make a 
 memorandum thereof on the ap- 
 pUoation The Memorandum. 
 
 The Registrar or Examiner may also 
 require an undertaking in writing, 
 to pay any further fees and ex- 
 penses which may become payable, 
 beyond the amounts so paid and 
 deposited. 
 
 Oaths, &c. 
 
 For taking an afSdayit or an affirma- 
 mation or attestation upon honom', 
 in lieu of an afSdavit, or a decla- 
 ration, for each person making the 
 same 1 
 
 And in addition thereto, for each 
 exhibit therein referred to, and 
 required to be marked 1 
 
 Filing. 
 
 On filing a special case, or petition of 
 right 10 
 
 On filing an affidavit, or deposition, 
 or set of depositions, with exhibits 
 (if any) annexed, or writ of execu- 
 tion with return, or any admission 
 or pleading, or petition, or inter- 
 rogatories 2 
 
 On filing a scheme pursuant to the 
 statute 30 and 31 Vict., u. 127, or 
 the Liquidation Act, 1868 1 
 
 16 
 
 The affidavit or 
 other document 
 an Bwering thereto. 
 
 1 The Exhibit, if prac- 
 ticable, but if not, 
 to the office copy 
 affidavit. 
 
 1 The special case or 
 petition of right. 
 
 2 6 The document filed. 
 
 10 The Scheme 
 
294 
 
 ComaT Feeb. Docttment to which 
 
 Lower Scale. Higher Scale. Fee Receipts are 
 
 £ B. d. j6 B. d. TO BE ATTACHED. 
 
 CEKTITICATEa. 
 
 For every certificate of fund in 
 
 Court 1 1 0\ 
 
 For every report or certificate under Lj^^ Certificate. 
 
 any special order 10 1 Of 
 
 Other certificates not herein specified 2 4 Oj 
 For every memorandum under Order 
 
 XLVIII, Rule 103 1 1 The Memorandum. 
 
 Searches and Ikspeoiions. 
 On an application to search for an 
 
 appearance, or an affidavit, and 
 
 inspecting the same 10 1 O-) 
 
 On an application to search an index, 
 
 and inspect a pleading, judgment, 
 
 order, or other record, unless 
 
 otherwise expressly provided for 
 
 by any Act of Parliament, or this 
 
 order, and to inspect documents 
 
 deposited, pursuant to an order, 
 
 for safe custody, or production, 
 
 for each hour or part of an hour 
 
 occupied 2 6 
 
 Not exceeding on one day 10 
 
 2 
 10 
 
 Forms provided for 
 that purpose at 
 the Chancery 
 Office. 
 
 Examination op Witnesses. 
 For every witness sworn and ex- 
 amined by any Registrar, Exami- 
 ner, or other officer, in his office, 
 
 including oath, for each hour and 
 
 portion of an hour 10 10 
 
 For an examination of witnesses by 
 
 any such officer, away from the 
 
 office, (in addition to reasonable 
 
 travelling and other expenses), 
 
 per day 2 3 
 
 The Registrar, Examiner, or the 
 
 officer may require a deposit of 
 
 money, on account of fees and 
 
 expenses which may probably 
 
 become payable, beyond any 
 
 amount paid for fees and expenses 
 
 TheRegiatrar'sNote 
 £ook,if any, in the 
 cause or matter; 
 if not, the deposi- 
 tions. 
 
296 
 
 CotmT Fees. Doocment to which 
 
 Lower Scale. Higher Scale. Fee Eeoeipts are 
 
 j6 s. d. £ a. d. to be attached. 
 upon the examination : and the 
 
 officer, or his clerk taMng such 
 
 deposit, shall thereupon make a 
 
 memorandum thereof, and daliver 
 
 the same to the party making the 
 
 deposit The Memorandum. 
 
 The Eegistrar, Examiner, or officer 
 
 may also require an undertaking 
 
 in writing, to pay any further fees 
 
 and expenses which may become 
 
 payable, beyond the amount so 
 
 paid and deposited. 
 These fees are not to apply to the 
 
 examination of witnesses upon 
 
 any reference to the Eegistrar. 
 
 Heabing. 
 
 For entering or setting down, or 
 re-entering or re-setting down, a 
 cause or matter for trial or hearing, 
 including hearing on further con- 
 sideration, special case, and petition 
 of right, but not any other petition, 
 nor a summons adjourned to the 
 Vice-Chancellor from the chambers 
 of the Eegistrar 1 
 
 On entering directions of the Vice- 
 Chancellor at a trial pursuant to 
 Order XXXIII., Eule 26, and cer- 
 tifying same when reqm'red 1 
 
 For answering a petition for hearing 
 by the Yice-ChanceUor 10 
 
 For entering or setting down any 
 motion 5 
 
 2 The Prseoipe. 
 
 10 The Certificate. 
 
 10 The Petition. 
 
 6 The Frsecipe. 
 
 Judgments, Decrees, akd Okdeks. 
 On drawing up and entering judg- 
 ments, decrees, and orders — 
 If made in Court on the original 
 hearing or hearing on further 
 consideration of a cause, or on 
 
296 
 
 COTTBT FeSS. 
 
 Lower Scale. Higher Scale. 
 
 the hearing of a special case or 
 petition, or originating motion, 
 unless otherwise provided .... 10 1 
 
 If made on the hearing of an 
 originating summons, or under 
 Order XV., unless otherwise pro- 
 vided 10 1 
 
 If made at the chambers of the Re- 
 gistrar on the hearing of a cause 
 or matter on further considera- 
 tion 5 10 
 
 If made under Order XXXI, Eule 2 5 10 
 
 If made on any application by 
 summons relating to a fund in 
 Court, where the fund exceeds 
 
 ^300 10 10 
 
 On any other order 3 5 0. 
 
 On signing a note or memorandum 
 
 of an order pursuant to Order 
 
 XLVI., Eule 13, when required for 
 
 production, where no order is 
 
 drawn up 3 5 
 
 For copy of a plan, map, section, 
 
 drawing, photograph, or diagram, 
 
 required to accompany any order, 
 
 the actual cost The Copy, 
 
 Taking Accounts. 
 
 On taking an account of a receiver, 
 guardian, consignee, bailee, ma- 
 nager, provisional, official, or 
 voluntary liquidator, or seques- 
 trator, or of an executor, adminis- 
 trator, trustee, agent, solicitor, 
 mortgagee, cotenaut, copartner, 
 execution creditor, or other per- 
 son liable to account, when the 
 amount found to have been re- 
 ceived without deducting any pay- 
 ment shall not exceed £200 .... 2 020 
 
 Where such amount shall exceed 
 ^200, for every £60 or fraction 
 of £50 , 6 6 
 
 doctiueht to which 
 
 Feb Receipts are 
 
 to be attaches. 
 
 The Judgment or 
 Order. 
 
 The Note or Memo- 
 randnm. 
 
 The Account. 
 
297 
 
 CooBT Fees. Dooubeht to whioh 
 
 Lo^er Scale. Higher Scale* Fes Beoeipts aub 
 £ a, A. £ B. d. TO be attaches. 
 But in case those fees shall in any 
 
 oases be less than 10s. for every 
 
 hour, and portion of an hour, 
 
 then the fee of lOs. per hour, and 
 
 portion of an hour TheRegistrar's Note 
 
 In the case of any such receiver, Book. 
 
 guardian, consignee, bailee, ma- 
 nager, liquidator, sequestrator, 
 
 or execution creditor, the fees 
 
 shall, upon payment, be aUovfed 
 
 in the account, unless the Court 
 
 or the Vioe-Chanoellor shall 
 
 otherwise direct; and in the case 
 
 of taking the accounts of such 
 
 other accounting parties the fees 
 
 shall be paid by the party 
 
 having the conduct of the order 
 
 under which such account is 
 
 taken, as part of his costs of the 
 
 cause or matter, (unless the Oourt 
 
 or the Yice-Ohancellor shall other- 
 wise direct,) and in such case 
 
 shall be taken upon the certificate 
 
 of the result of any such account, 
 
 but the fees shall be due and 
 
 payable, although no certificate 
 
 is required, on the account taken, 
 
 or on such part thereof as may 
 
 be taken, and upon payment of 
 
 the fees the officer or his clerk 
 
 shall make a memorandum of 
 
 such payment of account. 
 The officer taking the account may 
 
 require a deposit of money on 
 
 account of fees, before taking the 
 
 account, not exceeding the fees 
 
 on the full amount appearing by 
 
 the account to have been received, 
 
 and the officer or his clerk taking 
 
 such deposit, shall make a memo- 
 randum thereof on the account, 
 U 
 
298 
 
 OOCET FeBS. 
 
 Lower Scale. Higher Scale. 
 £ B. a. £ e, d. 
 
 doohmeht to which 
 
 Fee BeO£U>is abe 
 
 to be attached. 
 
 4 4 0, 
 
 10 10 
 
 The Certificate of 
 taxation \rhen 
 taken, otherwise 
 the bill of costs. 
 
 Taxation or Costs. 
 For taxing a bill of costs, where the 
 
 amount allowed does not exceed 
 
 £8 
 
 Where the amount exceeds ^£8, for 
 
 every £2 allowed, or a fraction 
 
 thereof 
 
 These fees, except where otherwise 
 
 provided, shall be taken on signing 
 
 the certificate, or on the allowance 
 
 of the bill of costs as taxed, but 
 
 the fees shall be due and payable 
 
 if no certificate or allocatur is 
 
 required on the amount of the bill 
 
 so taxed, or on the amount of 
 
 such part thereof as may be taxed. 
 The Taxing Officer may require a 
 
 deposit of money, on accoimt of 
 
 fees before taxation, not exceeding 
 
 the fees on the full amount of the 
 
 costs as submitted for taxation : 
 
 and the officer or his clerk, on 
 
 taking such deposit, shall make a 
 
 memorandum thereof on the bill 
 
 of costs. 
 For a certificate or allocatur of the 
 
 result, not being a judgment .... 10 1 
 
 MiSCZLLANSOUS. 
 
 On signing, settling, and approving 
 
 an advertisement 10 1 The Advertisement. 
 
 Upon a reference to a Begistrar, for 
 
 any purpose, other than the taking 
 
 of an account for which another 
 
 fee is herein provided, for every 
 
 hour or part of an hour the 
 
 Registrar is occupied 10 
 
 A deposit on account of fees, before 
 
 proceeding with such reference, 
 
 or at any time during the course 
 
 thereof, may be required, and a 
 
 memorandum thereof shall be 
 
 delivered to the party making the 
 
 deposit. 
 
 The Certificate or 
 Allocatur. 
 
 10 
 
 The Eegistrai'aNot* 
 Book. 
 
299 
 
 OonuT FsEg, 
 
 Lower Scale. Higher Seale. 
 
 £ e. i. £ B. d. 
 
 On taking a reeognizanoe or bond . . 10 10 o" 
 
 On cancelling a bond or vacating a 
 
 recognizance 10 10 0. 
 
 On a commitment 5 5 
 
 On an application to produce the 
 
 Vice-Chancellor's notes 5 6 
 
 On admission or readmission of a 
 
 solicitor 2 2 
 
 On a written request for information 
 
 as to fond in Court 2 6 2 6 
 
 For preparing a power of attorney.. 3 5 
 For transcript of an account of fund 
 
 in Coxurt, for each opening 2 2 6 
 
 For every cheque .0 1 1 0' 
 
 For every coupon or warrant for 
 
 interest or dividend, on securities 
 
 in Court, on such coupon or war- 
 rant being delivered out, apart 
 
 &om the security 1 1 0- 
 
 And where the cheque, or coupon, 
 
 or warrant, whether for cash or 
 
 dividend, shall be for more than 
 
 ^20, a further fee of 6d. for every 
 
 £10, and fraction of £10, over the 
 
 first £20. 
 For every transfer out of Court of 
 
 stocks, funds, and securities, 
 
 transferred into Court, for every 
 
 £10, and fraction of £10, so 
 
 transferred out of Court (such 
 
 stocks, funds, and securities, to be 
 
 assessed at the nominal amount 
 
 thereof), the same fees to cover all 
 
 bankers' and brokers' commissions, 
 
 whenpayable.. 6 6 
 
 But no higher fee of Court than £5 
 
 is to be charged on any cheque, or 
 
 coupon, or transfer. 
 Upon every investment, for every 
 
 £10, and fraction of ilO, of 
 money invested, and upon every 
 
 sale, for every flO, and fraction 
 
 U 2 
 
 OOODMEHT TO WHICH 
 
 Fss Receipts ase 
 
 TO BE ATTACHED. 
 
 The recognizance or 
 bond. 
 
 Coromitment. 
 
 The application. 
 
 Forms provided for 
 that purpose at the 
 Chancery Office. 
 
 The request. 
 
 The power. 
 
 The transcript. 
 
 Forms provided for 
 that purpose at 
 the Chancery 
 Office. 
 
300 
 
 CoTiET Fees. DoetriiEHT to wmoH 
 
 IjO\rer Scale. Higher Scale. Fee Beoeifts abs 
 
 £ a. a. 
 
 TO BE ATTACHED. 
 
 of £10, of stocks, funds, or secu- 
 rities sold, (suoli stocks, funds, or 
 
 securities to be assessed at the 
 
 noraiual amount thereof,) and the 
 
 same fees to cover all bankers' 
 
 and brokers' commissions, Trhen 
 
 payable 6 6 
 
 In all cases in which any appli- 
 cation shall be made to the 
 
 Court, or to the Vice-Chancellor, 
 
 or to any Begistrar, touching 
 
 any stocks, funds, or securities 
 
 standing to the account of any 
 
 infant, not exceeding £100, the 
 
 Court or the Vice-Chancellor, 
 
 or such Eegistrar shall have 
 
 power to remit the fees of Court 
 
 of and consequent upon such 
 
 application, either wholly or to 
 
 such extent as shall be thought 
 
 proper. 
 
 For perusing an abstract 6 8 6 8\ 
 
 If exceeding twenty-four foUos, then 
 
 in addition for every twenty-four 
 
 folios, and portion of twenty-four 
 
 folios, beyond the first twenty-four 
 
 folios 6 8 6 8'' 
 
 For settling any document not herein 
 
 otherwise provided for 1 1 10 The document, 
 
 Form provided for 
 that purpose at 
 the Chancery 
 Offlce. 
 
 PART THE SECOND. 
 
 Ist. All suits by creditors, legatees (whether specific, pecuniary, 
 or residuary), devisees, (whether in trust or otherwise), heirs- 
 at-law or next-of-kin, in which the personal or real, or 
 personal and real, estate, for or against, or in respect of 
 which, or for an account or administration of which, the 
 demand may be made, shall be under the amount or value of 
 £1,000. 
 
 2ndly. All suits for the execution of trusts, or appointment of 
 
301 
 
 new trustees, iu which the trust estate or fund shall be under 
 the amount or value of £1,000. 
 
 3rdly. All suits for dissolution of partnership, or the taking of 
 partnership or any other accounts, in which the partnership 
 assets, or the estate or fund, shall be under the amount or 
 value of £1,000. 
 
 4thly. All suits for foreclosure or redemption, or for enforcing 
 any charge or lien, in which the mortgage whereon the suit 
 is founded, or the charge or lien sought to be enforced, shall 
 be under the amount or value of £1,000. 
 
 5thly. All suits for specific performance, in which the purchase 
 money or consideration, shall be under the amount or value 
 of £1,000. 
 
 6thly. All proceedings under the Trustees Eelief Acts, or 
 under the Trustee Acts, or under any of such Acts, in 
 which the trust estate or fund to which the proceeding 
 relates, shall be under the amount or value of £1,000. 
 
 7thly. All proceedings relating to the guardianship or main- 
 tenance of infants, in which the property of the infant or 
 infants shall be under the amount or value of £1,000. 
 
 8thly. All proceedings by original special case, originating 
 petition or notice of motion, and all proceedings relating to 
 funds carried to separate accounts, and all proceedings, under 
 any railway or private Act of Parliament or under any other 
 statutory or summary jurisdiction, and generally all other 
 cases where the estate or fund to be dealt with shall be under 
 the amount or value of £1,000. 
 
 G. 0. TREVELYAN. 
 
 HENRY FOX BRISTOWE, 
 
 V.-C, Lancaster. 
 
802 
 
 OEDEE AS TO SOLICITOES' COSTS 
 
 UNBEIt THB 
 
 COUET OF CHANCERY OP LANCASTEE ACT, 1850, 
 
 AND THE 
 
 COURT OF CHANCERY OF LANCASTER ACT, 1854. 
 
 27th November, 1884. 
 
 The Right Honoueable George Otto Theveltan, 
 Chancellor of the DtJCHT and County Palatine of 
 Lancaster, with the advice and consent of Henry Fox 
 BbIstowe, Esquire, Q.C, Vice-Chancellor of the said 
 County Palatine of Lancaster, doth hereby, in pursuance 
 and execution of the powers given to him by the Court of 
 Chancery of Lancaster Act, 1850, and the Court of Chan- 
 cery of Lancaster Act, 1854, and of all other powers and 
 authorities enabling him in this behalf, order and direct as 
 follows, namely : — 
 The following rules as to costs of proceedings in the Court of 
 
 Chancery of the County Palatine of Lancaster shall regulate such 
 
 costs from and after the 1st day of January, 1 885. 
 
 1. Solicitors shall be entitled to charge, and be allowed, the fees 
 set forth in the column headed " Lower Scale " in the Schedule 
 hereto, in the following cases (that is to say) : — in cases • 
 
 Ist. By creditors, legatees (whether specific, pecuniary, or 
 residuary), devisees (whether in trust or otherwise), heirs-at- 
 law or next of kin, in which the personal or real, or personal 
 and real, estate, for or against, or in respect of which, or for 
 an account or administration of which, the demand may be 
 made, shall be under the amount or value of £1,000. 
 
 2ndly. For the execution of trusts, or appointment of new 
 trustees, in which the trust estate or fund shall be under 
 the amount or value of £1,000. 
 
808 
 
 3rdly. For dissolution of partnership, or the taking of partner- 
 ship, or any other accounts, in which the partnership assets, 
 or the estate or fund shall be under the amount or value of 
 £1,000. 
 
 4thly. For foreclosure or redemption, or for enforcing any 
 charge or lieu, in which the mortgage whereon the suit is 
 founded, or the charge or lien sought to be enforced, shall be 
 under the amount or value of £1 ,000. 
 
 5thly. For specific performance in which the purchase money 
 or consideration shall be under the amount or value of 
 £l,0C0. 
 
 6thly. All proceedings under the Trustees Eelief Acts, or under 
 the Trustee Acts, or under any of such Acts, in which the 
 trust estate or fund, to which the proceeding relates, shall be 
 under the amount or value of £1,000. 
 
 7thly. All proceedings relating to the guardianship or main- 
 tenance of infants, in which the property of the infaut or 
 infants, shall be under the amount or value of £1,000. 
 
 8thly. All proceedings by original special case and original 
 petitions notices of motion and summonses, and all proceed- 
 ings relating to funds carried to separate accounts, and all 
 proceedings under any railway or private Act of Parliament, 
 or under any other statutory or summary jurisdiction, and 
 generally all other cases where the estate or fund to be dealt 
 with shall be under the amount or value of £1,000. 
 
 2. Solicitors shall be entitled to charge and be allowed the fees 
 set forth in the column headed " Higher Scale " in the Schedule 
 hereto in all actions for special injunctions to restrain the commis- 
 sion or continuance of waste, nuisaaces, breaches of covenant, in- 
 juries to property, and infringement of rights, easements, patents, 
 and copyrights, and other similar cases where the procuring such 
 injunction is the principal relief sought to be obtained, and in all 
 cases other than those to which the fees in the column headed 
 " Lower Scale " are hereby made applicable. 
 
 3. Notwithstanding these rules, the Court or the Vice-Chancellor 
 may in any case direct the fees set forth in either of the said two 
 
804 
 
 columns to be allowed to all, or either, or any, of the parties, and as 
 to all, or any part of the costs. 
 
 4. Th'e provisions of the 56th Order of " The Chancery of 
 Lancaster Rules, 1884," shall apply to these rules. 
 
 6. These rules shall come into operation upon and from the 1st 
 day of January, 1885. 
 
 G. O. TREVELYAN. 
 
 HENRY FOX BRISTOWE, 
 
 V.-C, Lancastbr. 
 
306 
 
 THE SCHEDULE ABOVE KEFEREED TO. 
 
 An Order or Eule herein referred to by number, shall mean 
 the Order or Eule so nimibered in the Chancery of Lancaster 
 Eules, 1884. 
 
 Writs, Summonses, and Wabeants. 
 
 Solicitors' Costs. 
 Lower Scale. Higher Scale. 
 ie s. d. £ s. d. 
 Writ of summons for the commencement 
 
 of any action 6 8 13 4 
 
 And for endorsement of claim, if special 5 5 
 
 Concurrent writ of summons 6 8 6 8 
 
 Eenewal of a writ of summons 6 8 6 8 
 
 Notice of a writ for service, in lieu of 
 
 writ, out of the jurisdiction 4 5 
 
 Writ of inquiry 110 110 
 
 Writ of subpoena ad testificandum duces 
 
 tecum 6 8 6 8 
 
 And if more than four folios, for each 
 
 folio beyond four 1 4 1 4 
 
 Writ or writs of subpoena ad testificandum, 
 
 for any number of persons not exceeding 
 
 three, and the same for every additional 
 
 number not exceediag three 6 8 6 8 
 
 Writ of execution, or other writ to enforce 
 
 any judgement or order 7 10 
 
 And if more than four folios, for each 
 
 folio beyond four 1 4 1 4 
 
306 
 
 SoLicrcoss' Costs. 
 Lower Scale. Higher Scale. 
 £ s. d. £ 8. d. 
 
 Procuring a writ of execution, or notice 
 to the Sheriff, to be marked with a 
 
 of renewal 6 8 6 8 
 
 Notice thereof to serve on Sheriff 4 5 
 
 Any writ not included in the above 7 10 
 
 These fees include all endorsements and 
 copies, or praecipes, for the officer 
 sealing them, and attendances to issue 
 or seal, except where otherwise pro- 
 vided, but not the Court fees. 
 Summons to attend the Vice- Chancellor 
 
 at the chambers of the Eegistrar 3 6 8 
 
 Or if special, at the Taxing Officer's dis- 
 cretion, not exceeding 6 8 1 1 
 
 Copy for the Vice- Chancellor 2 2 
 
 Or per folio 4 4 
 
 Originating summons 13 4 1 1 
 
 And attending to get same and duplicate 
 sealed, and to file duplicate and get 
 
 copies for service stamped 13 4 18 4 
 
 Copy for the Vice- Chancellor 2 2 
 
 Or per foUo 4 4 
 
 Endorsing same, and copies under Order 
 
 XLVIIL, Eule 17 6 8 6 8 
 
 Warrant to attend the Eegistrar at his 
 
 chambers 3 6 8 
 
 Or if special, at Taxing Officer's dis- 
 cretion not exceeding 6 8 1 1 
 
 Services, Notices, and Demands. 
 Service, or filmg in lieu of service, of 
 any writ, summons, warrant, inter- 
 rogatories, petition, order, or notice, 
 on a party who has not entered an 
 appearance, and if not authorised to 
 be served by post 5 5 
 
S07 
 
 SoLiarroas' Costs. 
 Lovei Scale. Eiglier Scale. 
 
 If served at a distance of more than two 
 miles from the nearest place of business 
 or office of the solicitor serving the 
 same, for each nule beyond such two 
 
 miles therefrom 1 1 
 
 Where, in consequence of the distance of 
 the party to be served, it is proper to 
 effect such service through an agent, 
 
 for correspondence, in addition 7 7 
 
 Where more than one attendance is necess- 
 ary to effect service, or to ground an 
 appheation for substituted service, such 
 further allowance may be made as the 
 Taxing Officer shall think fit. 
 For service out of the jurisdiction such 
 allowance is to be made as the Taxing 
 Officer shall think fit. 
 Service where an appearance has been 
 
 entered on the solicitor or party 2 6 2 6 
 
 Or if authorized to be served by post 1 6 1 6 
 
 Where any writ, claim, order, and notice, 
 or any two of them, have to be served 
 together, one fee only for service is to 
 be allowed. 
 
 In addition to the above fees, the 
 following allowances are to be made : — 
 As to writs, if exceeding two foHos, for 
 copy for service per folio beyond such 
 
 two 4 4 
 
 As to a summons to attend the Vice- 
 ChanceUor at the chambers of the 
 Registrar, or a warrant to attend the 
 Registrar at his chambers, for each 
 
 copy to serve 1 2 
 
 OrperfoUo 4 4 
 
 As to notices in proceedings to wind up 
 
308 
 
 Solicitors' Oobts. 
 Lower Scale. Higher Scale. 
 £ a. d. £ B. d. 
 
 companies, for preparing or filling up 
 
 each notice to creditors to attend and 
 
 prove or receive debts, and to contribu- 
 
 tories to settle list of contributories ... 1 010 
 And for preparing or filling up each notice 
 
 to contributories to be served -with a 
 
 general order for a call, or an order for 
 
 payment of a call 10 10 
 
 And for drawing notice to be served on 
 
 contributories or creditors, of a meet- 
 ing, per folio 10 10 
 
 For each copy of the last mentioned notice 
 
 to serve, per folio 4 4 
 
 For preparing or fiUing up for service, in 
 
 any other cause or matter, each notice 
 
 to creditors to prove claims, and each 
 
 notice that cheques may be received, 
 
 specifying the amount to be received 
 
 for principal and interest, and costs, if any 10 10 
 For preparing notice to produce on the 
 
 trial or hearing of an action, or notice 
 
 to admit, and one copy 5 7 6 
 
 If special or necessarily long, such allow- 
 ance as the Taxing Officer shall think 
 
 proper, not exceeding per folio 8 1 4 
 
 And for each copy beyond the first, such 
 
 allowance as the Taxing Officer shall 
 
 think proper, not exceeding per folio ... 4 4 
 
 For preparing notice of motion 2 5 
 
 Or per folio 10 10 
 
 Copy for service 10 10 
 
 Or per foho 4 4 
 
 For preparing any necessary or proper 
 
 notice, not otherwise provided for, inclu- 
 ding any notice endorsed on any order, 
 
 or any demand 16 16 
 
309 
 
 SoLiciTOSs* Costs, 
 Lower Scale. Higher Soale. 
 
 Or if special, and necessarily exceeding 
 
 three folios, for preparing same, for 
 
 each folio beyond three, iii addition to 
 
 the last mentioned fee 10 10 
 
 And for each copy for service, per foho 
 
 beyond such three 4 4 
 
 Copies for service of interrogatories and 
 
 petitions, and of orders with necessary 
 
 notices (if any) to accompany, per folio 4 4 
 Except as otherwise provided, the allow- 
 ances for services include copies for 
 
 service. 
 Where notice of filing a£&davits is requir- 
 ed, only one notice is to be allowed for 
 
 a set of affidavits filed, or which ought 
 
 to be filed, together. 
 In proceedings to wind up a company, the 
 
 usual charges relating to printing shall 
 
 be allowed, in lieu of copies for service, 
 
 where the fee for copies would exceed 
 
 the charges for printing, and amount to 
 
 more than ^63. 
 Where any appointment is or ought to be 
 
 adjourned, no fee for a notice of the 
 
 adjournment or next appointment, or 
 
 for service thereof, is to be allowed. 
 
 Appeaeances. 
 
 Entering any appearance 6 8 6 8 
 
 If entered at one time, for more than one 
 
 person, for every defendant beyond the 
 
 first 10 2 
 
 Instructions. 
 
 To sue or defend 6 8 13 4 
 
 For statement of claim or special case ... 13 4 2 2 
 
310 
 
 SOLICITOBS' CoBia. 
 Loirer Scale. Higher Seile. 
 £ B. d. £ B. d. 
 
 For originating summons or notice of 
 
 motion, 6/8, or not to exceed 13 4 110 
 
 For defence or further defence 6 8 13 4 
 
 For counter claim 6 8 13 4 
 
 For reply, when defendant sets up a 
 
 counterclaim 13 4 110 
 
 For reply or further reply ia any other 
 
 case, with or without joinder of issue... 6 8 18 4 
 
 For confession of defence 6 8 18 4 
 
 For joinder of issue without other matter 6 8 18 4 
 
 For special petition, any other pleading 
 (not being a summons), or interroga- 
 tories for examination of a party or 
 witness 6 8 13 4 
 
 To amend any pleading 6 8 18 4 
 
 For affidavit in answer to interrogatories, 
 
 and other special affidavits 6 8 6 8 
 
 To appeal, and to appear thereon 18 4 110 
 
 To add parties by order of Court, or the 
 Vice- Chancellor 6 8 18 4 
 
 For counsel to advise on evidence, when 
 the evidence is to be taken orally 6 8 6 8 
 
 Or not to exceed 18 4 110 
 
 For counsel to make any application to 
 the Court or the Vice-Chancellor, where 
 nootherbrief 6 8 10 
 
 For brief on motion for special injunction 13 4 110 
 
 For brief on hearing or trial of action, 
 upon notice of trial or notice for judg- 
 ment given, whether such trial be before 
 the Vice-Chancellor or before the Vice- 
 Chancellor and a jury 110 2 2 
 
 For such brief, and for brief when witnesses 
 are to be examined, or cross-examined, 
 such fee may be allowed as the Taxing 
 Officer shall think fit, having regard to 
 
811 
 
 all the circumstances of the case, and 
 to other allowances, if any, for attend- 
 ances on witnesses, and procuring evi- 
 dence. 
 The fees for iastructions for brief are to 
 apply to a hearing on further considera- 
 tion in Court only where an order for 
 accounts and enquiries was made with- 
 out such hearing or trial, as above 
 mentioned. 
 
 SoLionofiS' Costs. 
 Lower Scale. Higher Scale. 
 
 Drawing Pleadings and othee Documents. 
 
 Statement of claim 10 
 
 Orperfoho 10 
 
 Defence 5 
 
 Orperfoho 10 
 
 Counterclaim 5 
 
 OrperfoHo 10 
 
 Eeply with, or vrithout, joinder of issue, 
 confession of defence, joinder of issue 
 without other matter, and any other 
 pleading (not being a petition or sum- 
 mons), and amendments of any pleading 5 
 
 Orperfoho 10 
 
 Particulars, breaches, and objections, when 
 
 required, and one copy to deliver 5 
 
 Or such amount as the Taxing Officer shall 
 
 think fit, not exceeding per foHo 10 
 
 If more than one copy to be dehvered, for 
 
 each other copy per foho 4 
 
 Special case, whether original or in an ac- 
 tion, affidavits in answer to interrogato- 
 ries, and other special affidavits, special 
 petitions, and interrogatories, per folio 10 
 Brief, on trial or hearing of cause, issue of 
 fact, assessment of damages, examina- 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 10 
 
 
 
 
 
 1 
 
 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 
 
 10 
 1 
 
 6 8 
 
 14 
 
 4 
 
 10 
 
812 
 
 SOUOITOBS' O0ST8. 
 
 Lower Scale. Higher Scale. 
 £ B. d. £ a. d. 
 
 tion of witnesses before the Vice- 
 Chancellor, Court, Eegistrar, or ex- 
 aminer, or of&cer of the Court, when 
 necessary and proper in addition to 
 pleadings, including necessary and pro- 
 per observations, or necessary and 
 proper observations on a petition, mo- 
 tion, special case, or summons, per 
 folio 10 10 
 
 Brief on appHcation to add parties 6 8 10 
 
 Or per folio 10 10 
 
 Brief on further consideration, per sheet of 
 
 8 folios 6 8 6 8 
 
 Accounts, statements, and other documents 
 for the Vice-Ghancellor, or Eegistrar, or 
 other of&cer, when required, and fair 
 copy to leave, per folio 10 14 
 
 Advertisements to be signed, sealed, or 
 approved by Eegistrar, including attend- 
 ance therefor 6 8 13 4 
 
 Or if exceeding five folios, for each 
 additional foho, in addition to the last 
 mentioned fee 10 14 
 
 BiU of costs for taxation, including copy 
 
 for the Taxing Officer, per folio 8 8 
 
 Bequest to sell, or invest, or carry over 
 fundin Court 2 6 2 6 
 
 Copies. 
 
 Of pleadings, briefs, and other documents, 
 
 where no other provision is made, at per 
 
 foHo 4 4 
 
 Where, pursuant to Eulea of Court, any 
 
 pleading, special case, or petition of 
 
 right, or evidence is printed ; the 
 
 solicitor of the party printing shaU be 
 
318 
 
 SoLiciioRs' Costs. 
 Lower Soale. Higher Scale. 
 £ e. i. £ s. d. 
 
 allowed for a copy for the printer (except 
 
 when made by the officer of the court) 
 
 atperfolio 4 4 
 
 And for examining the proof print, at per 
 
 foho 2 2 
 
 And for printing, the amount actually and 
 
 properly paid to the printer, not ex- 
 ceeding per folio 10 10 
 
 And in addition, for every twenty beyond 
 
 the first twenty copies, at per folio 1 1 
 
 And where any part shall properly be 
 
 printed in a foreign language, or as a 
 
 fac-simile, or in any unusual or special 
 
 manner, or where any alteration in the 
 
 document, being printed, becomes neces- 
 sary after the first proof, such further 
 
 allowance, shall be made as the Taxing 
 
 Officer shall think reasonable. 
 These allowances are to include aU attend- 
 ances on the printer. 
 The solicitor for a party entitled to take 
 
 printed copies, shall be allowed, for such 
 
 number of copies as he shall necessarily 
 
 or properly take, the amount he shall 
 
 pay therefor. 
 In addition to the allowances for printing, 
 
 and taking printed copies, there shall be 
 
 allowed for such printed copies, as may 
 
 be necessary or proper, for the following, 
 
 but for no other purpose (videhcet) : — 
 Of any pleading, for delivery to the 
 
 opposite party, or filing in default of 
 
 appearance. 
 Of any special case for filing. 
 Of any petition of right for presentation, 
 
 if presented in print, and for the 
 
 V 
 
314 
 
 Solicitors' Oosts. 
 Lower Scale. Higher Scale. 
 
 solicitor of the Duchy of Lancaster, 
 
 and service on any party. 
 Of any pleading, special case, or petition 
 
 of right, for the use of the Court or 
 
 Vice- Chancellor or Eegistrar. 
 Of any affidavit to be sworn to in print. 
 And of any pleading, special case, petition 
 
 of right, or evidence for the use of 
 
 counsel in Court, and iu country agency 
 
 causes, when proper to be sent as a close 
 
 copy for the use of the country solicitor, 
 
 atperfolio 2 8 
 
 Such additional allowances for printed 
 
 copies for the Court or Vice-ChanceUor 
 
 or Eegistrar and for counsel, are not to 
 
 made where written copies have been 
 
 made previously to printing, and are 
 
 not in any case to be made more than 
 
 once m the progress of the cause. 
 Close copies, whether printed or written, 
 
 are not to be allowed as of course, but 
 
 the allowance is to depend on the 
 
 propriety of making or sending the 
 
 copies, which in each case is to be 
 
 shown, and considered by the Taxing 
 
 Officer. 
 Insertmg amendments in a printed copy 
 
 of any pleadmg, special case, or petition 
 
 of right, when not reprinted 1 5 
 
 Orperfolio 4 4 
 
 Perusals. 
 
 Of statement of claim, defence, reply, 
 joinder of issue, and other pleading 
 ( not being a petition in a pending cause 
 or matter, or summons other than an 
 
315 
 
 Solicitors' Costs. 
 Lo-wer Scale. Higher ScaJe. 
 £ B. A. £ s. a. 
 
 originating summons), by the solicitor 
 
 of the party to whom the same are 
 
 delivered 6 8 18 4 
 
 Orperfoho 4 4 
 
 Of amendment of any such pleading m 
 
 writing 6 8 6 8 
 
 Or per foUo 4 4 
 
 If same reprinted 6 8 13 4 
 
 Orperfolio 4 4 
 
 Of iaterrogatories to be answered by a 
 
 party by his sohcitor 6 8 13 4 
 
 Orperfolio 4 4 
 
 Of special case by the sohcitor of any 
 
 party, except the one by whom it is 
 
 prepared 6 8 13 4 
 
 Orperfoho 4 4 
 
 Of copy order to add parties. Notice of 
 
 defendant's claim against any person 
 
 not a party to the action under Order 
 
 XVI., Eule 49, and of defendant's defence 
 
 and counter claim served on a person 
 
 not a party under Order XXI., Rule 8, by 
 
 the solicitor of the party served there- 
 with ; and in these several cases the 
 
 perusal of the plaintiff's statement of 
 
 claim is also to be allowed, unless the 
 
 sohcitor has been previously allowed 
 
 such perusal 6 8 13 4 
 
 Orperfoho 4 4 
 
 Of notice to produce on trial or hearing of 
 
 action, and notice to admit by the 
 
 sohcitor of the party served 6 8 13 4 
 
 Or (if to admit facts) under Order XXX., 
 
 Rule 4, per foho 10 10 
 
 Of af&davit in answer to interrogatories 
 
 by the solicitor of the party interroga- 
 V 2 
 
316 
 
 SoLioiToss' Ooeia. 
 Lover Scale. Higher Scale. 
 £ s. a. S s. d. 
 
 ting, and of other special afi&davits by 
 the solicitor of the party against whom 
 the same can be read, and of office copy 
 of documents not drawn by the sohcitor 
 obtaining the same, per folio 4 4 
 
 Attendances. 
 To obtain consent of next friend to sue in 
 
 his name, or of a guardian ad litem ... 6 8 13 4 
 To deliver or file any pleading (not being 
 
 a petition or summons) and a special 
 
 case or affidavit 3 4 6 8 
 
 To inspect, or produce for inspection, 
 
 documents pursuant to a notice to 
 
 admit 6 
 
 Or per hour 6 
 
 To examine and sign admissions 6 
 
 To inspect, or produce for inspection, 
 
 documents referred to in any pleading, 
 
 notice ia lieu of pleading, or affidavit, 
 
 pursuant to notice under Order XXIX., 
 
 Eule 15 6 8 6 8 
 
 Or per hour 6 8 6 8 
 
 To obtain or give any necessary or proper 
 
 consent 6 8 6 8 
 
 To obtain an appointment to examine 
 
 witnesses 6 8 6 8 
 
 On examination of witnesses before any 
 
 examiner, commissioner, officer, or 
 
 other person 13 4 13 4 
 
 Or, according to circumstances, not to 
 
 exceed .^ 2 2 2 2 
 
 Or, if without counsel, not to exceed 2 2 3 8 
 
 On settling answer, and special affidavit 
 
 with deponent, previously to swearing 
 
 same 6 8 6 8 
 
 8 
 
 13 
 
 4 
 
 8 
 
 6 
 
 8 
 
 8 
 
 13 
 
 4 
 
317 
 
 SoLiorroKB' Costs. 
 Lower Scale. Higlier Scale, 
 je s. cl. £ B. d. 
 
 Orperfolio 4 4 
 
 On deponent being sworn, or by a solicitor 
 
 or his clerk to be sworn to an affidavit 
 
 in answer to iaterrogatories, or other 
 
 special affidavit 6 8 6 8 
 
 On a summons returnable before the Vice- 
 
 ChanceUor at the chambers of the 
 
 Eegistrar 6 8 13 4 
 
 Or, according to circumstances, not to 
 
 exceed 110 110 
 
 On a warrant returnable before the Eegistrar 
 
 at his chambers 6 8 6 8 
 
 Or, according to cu-cumstances, not to 
 
 exceed 110 110 
 
 AU allowances for attending at the Eegis- 
 
 trax's chambers are to be by the Vice- 
 
 Chancellor or the Eegistrar, as heretofore. 
 To file Eegistrar's and Taxing Officer's 
 
 certificates, and get copy marked as an 
 
 office copy 6 8 6 8 
 
 On counsel with brief or other papers, or 
 
 other attendance upon, where a fee is 
 
 properly paid to him — 
 
 K counsel's fee one guinea 
 
 If more, and under five guineas 
 
 If five guineas and imder twenty guineas 
 
 If twenty guineas 
 
 If forty guineas or more 1 
 
 On consultation or conference with counsel 
 To enter or set down action, petition, 
 
 motion, adjourned summons, or special 
 
 case, for hearing or trial, and to leave 
 
 papers 6 8 6 8 
 
 On motion of course and for order 10 13 4 
 
 On hearing or trial of any cause or matter, 
 
 or issue of fact, or of motion, or petition. 
 
 8 
 
 4 
 
 6 
 
 8 
 
 6 
 
 8 
 
 6 
 
 8 
 
 6 
 
 8 
 
 13 
 
 4 
 
 13 
 
 4 
 
 1 1 
 
 
 
 1 
 
 
 
 2 2 
 
 
 
 13 
 
 4 
 
 13 
 
 4 
 
318 
 
 SoLiciTOBs' Costs. 
 Lower Scale, Higher Scale. 
 £ e. &, S e, a. 
 
 or application adjourned from the cham- 
 bers of the Eegistrar, or to hear judg- 
 ment when same reserved, in the town 
 
 where the solicitor resides or carries on 
 
 busmess, whether before the Vice- 
 
 Chancellor, or the Vice-Chancellor and 
 
 a jury, or on assessment of damages, 
 
 when in the paper 10 10 
 
 When heard or tried 13 4 110 
 
 Or according to- circumstances not to 
 
 exceed 2 2 2 2 
 
 When not in the town where the solicitor 
 
 resides or carries on business, for each 
 
 day (except Sundays) he is necessarily 
 
 absent 2 2 3 3 
 
 And expenses (besides actual reasonable 
 
 travelling expenses) each day, including 
 
 Sundays 110 110 
 
 Or if the solicitor has to attend on more 
 
 than one trial or assessment, at the 
 
 same time and place, in each case 110 1 11 6 
 
 The expenses in such case to be rateably 
 
 divided. 
 To leave brief and other papers for order 
 
 to be drawn up , 6 8 6 8 
 
 To bespeak sale investment, or carrying 
 
 over of a fund in Court 6 8 6 8 
 
 For attending the Eegistrar to procure his 
 
 directions for payment of money into 
 
 Court, attending at the Bank to pay the 
 
 money, and for attending on the Eegis- 
 trar and Comptroller with the receipt... 13 4 13 4 
 And where the sum paid in shall amount 
 
 to £1000 2 2 2 2 
 
 And where the same shall amount to £5000 8 3 8 3 
 On taxation of a bill of costs 6 8 6 8 
 
319 
 
 SoLioiTOES' Costs. 
 Lower Scale. Higher Soale. 
 £ B. A. e a. a. 
 
 Or according to circumstances not to 
 
 exceed 2 2 2 2 
 
 And such further fee as the Taxing Officer 
 
 shall thmk fit, not exceeding the allow- 
 ances heretofore made. 
 To obtain or give an undertaking to appear 6 8 6 8 
 To present a special petition and for same 
 
 answered 6 8 6 8 
 
 On printer to insert advertisement in 
 
 Gazette 6 8 6 8 
 
 On prmter to insert same m other papers, 
 
 each printer 3 4 6 8 
 
 On registrar to certify that a cause set 
 
 down is settled, or for any reason not to 
 
 come into the paper for hearing 6 8 6 8 
 
 For an order drawn up by the registrar 
 
 and to get same entered 6 8 6 8 
 
 On counsel to procure certificate that 
 
 cause proper to be heard as a shoit 
 
 cause, and on registrar to mark same... 6 8 6 8 
 For preparing and drawing up an order 
 
 made at the Registrar's Chambers m 
 
 proceedings to wind up a company, and 
 
 attending for same, and to get same 
 
 entered 13 4 13 4 
 
 And for engrossing every such order, per 
 
 foho 4 4 
 
 Note. — An order of course means an 
 
 order made on an ex-parte appHcation, 
 
 and to which a party is entitled as of 
 
 right on his own statement, and at his 
 
 own risk. 
 To examine an abstract of title with deeds, 
 
 per hour, in a cause or matter 10 10 
 
 To produce deeds for such purpose, per 
 
 hour 6 8 6 8 
 
320 
 
 SoLiciTOiiB' Costs. 
 Lower Scale. Higher Scale. 
 
 Oaths and Exhibits. 
 Commissioners to take oaths or affidavit. 
 
 For every oath, declaration, affirmation, 
 
 or attestation upon honour 16 16 
 
 The sohcitor for preparing each exhibit ... 10 10 
 The commissioner for marking each 
 
 exhibit 10 10 
 
 Teem Fees. 
 For every term commencing on the day 
 
 the sittings in London and Middlesex of 
 
 the High Court of Justice commence, 
 
 and terminating on the day preceding 
 
 the next such sittings, in which a pro- 
 ceeding in the cause or matter by or 
 
 affecting the party, after an appearance 
 
 entered, shaU take place 15 15 
 
 And further, in country agency causes or 
 
 matters, for letters 6 6 
 
 Where no proceeding in the cause or 
 
 matter is taken which carries a term 
 
 fee, a charge for letters may be allowed, 
 
 if the circumstances require it. 
 In addition to the above, an allowance is 
 
 to be made for the necessary expense of 
 
 postages, carriage, and transmission of 
 
 documents. 
 
 Special Allowances and Geneeal Regulations. 
 [10021 '^■^® following special allowances and general regulations shall 
 apply to aU proceedings and aU taxations in the Court. 
 
 1. As to writs of summons requiring special indorsement, and 
 n\ as to special eases, pleadings, and affidavits in answer to inter- 
 rogatories, and other special affidavits, and admissions under 
 Order XXX., Rule 4, the taxing officer may, in lieu of the 
 
(3) 
 
 321 
 
 allowances for instructions and preparing or drawing, and at- 
 tendances, make such allowance for work, labour, and expenses 
 in or about the preparation of such documents as in his discretion 
 he may think proper. 
 
 2. As to drawing any pleading or other document, the fees 
 allowed shall include any copy made for the use of the solicitor, [S) 
 agent, or cHent, or for counsel to settle. 
 
 3. As to instructions to sue or defend, or the preparation of 
 briefs, if the taxing officer shall on special grounds consider the 
 fee in either scale provided inadequate, he may make such further 
 allowance as he shall m his discretion consider reasonable. 
 
 4. As to affidavits, when there are several deponents to be 
 sworn, or it is necessary for the purpose of an affidavit being 
 sworn to go to a distance, or to employ an agent, such reason- I4\ 
 able allowance may be made as the taxing officer in his discretion 
 
 may think fit. 
 
 5. As to dehvery of pleadings, services, and notices, the fees 
 are not to be allowed when the same sohcitor is for both parties, 
 unless it be necessary for the purpose of maldng an affidavit of 
 service. 
 
 6. As to perusals the fees are not to apply where the same 
 solicitor is for both parties. 
 
 7. Where the same soHcitor is employed for two or more 
 defendants, and separate pleaduigs are delivered or other pro- 
 ceedings had by or for two or more such defendants separately, 
 the taxing officer shall consider in the taxation of such solicitor's 
 
 bill of costs, either between party and party or between solicitor . (<9) 
 and cUent, whether such separate pleadings or other proceedings 
 were necessary or proper, and if he is of opinion that any part of 
 the costs occasioned thereby has been umiecessarily or improperly 
 incurred, the same shall be disallowed. 
 
 8. As to evidence, such just and reasonable charges and ex- 
 penses as appear to have been properly incurred in procuring (<?) 
 evidence, and the attendance of witnesses, are to be allowed. 
 
 (6) 
 
 (^) 
 
822 
 
 9. As to agency correspondence, in country agency causes 
 and matters, if it be shown to the satisfaction of the taxing 
 
 (■^^) ofiScer that such correspondence has been special and extensive, 
 he is to be at hberty to make such special allowance in respect 
 thereof as in his discretion he may think proper. 
 
 10. As to the attendance of solicitors upon the Eegistrar 
 (11) for the purpose of setthng the terms of and passmg judg- 
 ments or orders, the taxing officer may, in such cases as are 
 provided for by Order XXXVII., Eule 12, make such special 
 allowances in respect thereof as he shall consider reasonable. 
 
 11. As to attendances at the Chambers of the Eegistrar, 
 where, from the length of the attendance or from the difficulty 
 of the case, the Vice- Chancellor or the Eegistrar shaU think 
 the highest of the above fees an insufficient remuneration for 
 the services performed, or where the preparation of the case 
 or matter to lay it before the Vice- Chancellor or the Eegistrar 
 on a summons or warrant shall have required skiU and labour, 
 for which no fee has been allowed, the Vice- Chancellor or 
 the Eegistrar may allow such fee in lieu of the fee of £1 Is. 
 above provided, not exceedmg £2, 2s. or where the higher scale 
 
 (i^) is apphcable, £3 3s. or in proceedings to wind up a company, 
 £5 5s. as in his discretion he may think fit ; and where the 
 preparation of the case or matter to lay it before the Vice- Chan- 
 cellor or the Eegistrar on a summons or warrant shall have 
 required and received from the solicitor such extraordinary skill 
 and labour as materially to conduce to the satisfactory and speedy 
 disposal of the busmess, and therefore shall appear to the Vice- 
 ChanceUor to deserve higher remuneration than the ordinary fees, 
 the Vice-Chancellor may allow to the solicitor, by a memorandum 
 in writing expressly made for that purpose and signed by the 
 Vice-Chancellor, specifymg distinctly the gromids of such 
 allowance, such fee not exceeding ten gumeas as ui his discretion 
 he may think fit, instead of the above fees of £2 2s., £3 3s., and 
 £5 5s. 
 
323 
 
 12. A folio is to comprise seventy-two words, every figure being 
 counted as one word. 
 
 m 
 
 13. Such costs of procuring the advice of counsel on the 
 pleadings, evidence, and proceedings in any cause or matter, as 
 the taxing officer shall in his discretion thinkjust and reasonable, 
 and of procuring counsel to settle such pleadings, claims, petitions, 
 and special affidavits as the taxing officer shall in his discretion 
 
 think proper to be settled by counsel, are to be allowed, but as to ns) 
 affidavits a separate fee is not to be allowed for each affidavit, 
 but one fee for all the affidavits proper to be so settled, which are 
 or ought to be filed at the same time, and such fee is to include 
 counsel's advice on evidence when the evidence in chief is not 
 taken orally. 
 
 14. As to inspection of documents under Order XXIX., Eule 
 15, no allowance is to be made for any notice or inspection, unless 
 
 it is shown to the satisfaction of the taxuig officer that there were {1 7) 
 good and sufficient reason for giving such notice and making such 
 inspection. 
 
 15. As to taking copies of documents in possession of another 
 party, or extracts therefi-om, imder Eules of Court or any special 
 order, the party entitled to take the copy or extract is to pay the 
 soHcitor or the party producing the document for such copy or 
 extract as he may, by writing , require, at the rate of id. per 
 foHo ; and if the solicitor of the party producmg the document 
 refuses or neglects to supply the same, the solicitor requirmg the 
 copy or extract is to be at Hberty to make it, and the solicitor for 
 the party producing is not to be entitled to any fee in respect 
 thereof. 
 
 16. Where a petition in any cause or matter is served, and 
 notice is given to the party served that in case of his appearance 
 
 in Court his costs will be objected to, and accompanied by a ten- nQ\ 
 der of costs for perusing the same, the amount to be tendered shall 
 be £2 2s. The party making such payment shaU be allowed the 
 same in his costs, provided such service was proper, but not 
 
 (18) 
 
324 
 
 otherwise, but this order is without prejudice to the lights of 
 either party to costs or to object to costs where no such tender 
 is made, or where the Court or the Vice- Chancellor shall consider 
 the party entitled, notwithstanding such notice or tender, to 
 appear in Court. In any other case in which a solicitor of a 
 party served necessarily or properly peruses any such petition 
 without appearing thereon, he is to be allowed a fee not 
 exceeding £2 2s. 
 
 17. As to any work and labour properly performed and noo 
 herein provided for, and in respect of which fees have heretofore 
 been allowed, the same or similar fees are to be allowed for such 
 work and labour as have heretofore been allowed. 
 
 18. The allowances in respect of fees to Conveyancing Counsel 
 and to any accountants, merchants, engineers, actuaries, and 
 
 {^^) other persons to whom any question is referred, shall be regulated 
 by the taxing officers, subject to appeal to the Viee-ChanceUor, 
 whose decision shall be final. 
 
 19. As to all fees or allowances which are discretionary, the 
 same are, unless otherwise provided, to be allowed at the discretion 
 of the taxing officer, who, m the exercise of such discretion, is to 
 take mto consideration the other fees and allowances to the 
 
 {38) solicitor and counsel, if any, in respect of the work to which any 
 such allowance applies, the nature and importance of the cause 
 or matter, the amount involved, the interest of the parties, the 
 fund or persons to bear the costs, the general conduct and costs 
 of the proceedings, and all other circumstances. 
 
 20. No retaining fee to counsel shall be allowed on taxation 
 as between party and party. 
 
 {44) 
 
 (45) 
 
 21. Fees for conferences are not to be allowed in any cause 
 or matter in addition to the solicitor's and counsel's fees for 
 drawing and settling, or perusing any pleadings, affidavits, 
 deeds, or other proceedings or abstracts of title, or for advising 
 thereon, unless it shall appear to the taxing officer for some 
 special reason that a conference was necessary or proper. 
 
326 
 
 22. Where the costs of retaining two counsel may properly be 
 allowed, such allowance may be made although both such (4^) 
 counsel may have been selected from the outer bar. 
 
 23. Where a cause or matter shall not be brought on for trial 
 or hearing, the costs, of and consequent on the preparation and 
 delivery of briefs shall not be allowed if the taxing ofi&cer shall 
 be of opinion that such costs were prematurely incurred. 
 
 26. The fees payable on proceedings before the Vice-Chancellor 
 under the Charitable Trusts Act, 1853, shall be the same as the 
 fees payable according to the Eules relating to costs m respect of 
 other proceedings commencing by summons, and shall also in all 
 other respects be regulated by these Eules. 
 
 {49) 
 
 24. No fee to counsel shall be allowed on taxation unless (5^] 
 vouched by his signature. 
 
 25. Where in any cause or matter any bill of costs is directed 
 to be taxed for the purpose of being paid or raised out of any 
 fund or property, the taxing officer may, if he shall consider 
 there is a reasonable ground for so doing, require the solicitor to 
 deliver or send to his cUents, or any of them, free of charge, a 
 
 copy of such bni, or any part thereof, previously to such officer igg\ 
 completing the taxation thereof, accompanied by any statement 
 such officer may direct, and by a letter informing such client 
 that the biU of costs has been referred to the taxing officer, 
 giving his name and address for taxation, and vrill be proceeded 
 with at the time the officer shall have appointed for this purpose, 
 and such officer may suspend the taxation for such time as he 
 may consider reasonable. 
 
 [999] 
 
 27. The fees and allowances to solicitors on proceedings under 
 the Act 22 & 23 Vict. c. 35, s. 80, shall be the same as are pay- [1001] 
 able under these Eules, and by the practice of the Court for 
 business of a similar nature. 
 
326 
 
 28. No solicitor shall be allowed on taxation of any bill of 
 costs for the payment of any Court fee, or for any work the pay- 
 ment for which is regulated by the amount of Court fee paid, 
 unless he produces at the time of taxing his bill the proper 
 receipt for such Court fee (duly cancelled), attached to the proper 
 document, unless such document is necessarily filed ; or other- 
 wise satisfies the taxing officer that such fee has been paid. 
 
 G. 0. TEEVELYAN. 
 
 HENEY FOX BEISTOWE, 
 
 V.-C, Lancaster. 
 
327 
 
 OEDEE AS TO COUET PEES AND 
 SOLICITOES' COSTS 
 
 UNDER THE 
 
 COUET OF CHANCERY OF LANCASTEE ACT, 1860, 
 
 AND THE 
 
 COUET OF CHANCEEY OF LANCASTEE ACT, 1854, 
 IN CASES OF AN AMOUNT OK VALUE UNDER £300. 
 
 28</i November, 1884. 
 
 The Eight Honoubable George Otto Trevelyan, 
 Chancellor of the Duchy and County Palatine of 
 Lancasteb, with the advice and consent of Henky Fox 
 Bbistowe, Esquibe, Q.C, Vice-Chanoelloe of the said 
 County Palatine of Lancasteb, doth hereby, in pursuance 
 and execution of the powers given to him by the Court of 
 Chancery of Lancaster Act, 1850, and the Court of Chancery 
 of Lancaster Act, 1854, and of all other powers and authori- 
 ties enabling him in this behalf, order and direct as follows — 
 namely : 
 
 I. 
 
 Notwithstanding such of the provisions of the Order, as to fees 
 and percentages, dated the 27th day of November instant, 
 and those of the Order as to Solicitors' Costs of the same day 
 of this same month, as relate to cases in which the several lower 
 scales of fees and costs therein respectively set forth, are thereby 
 made applicable, the fees appointed to be taken by the Eegistrars, or 
 other officers of the Court, and authorized to be charged by and 
 allowed to the solicitors of the Court, upon foot of the several scales 
 headed " Lower Scales " in the several schedules to such orders 
 
328 
 
 respectively, shall not, until further order, be taken, charged, or 
 allowed in any case in Court which shall be under the amount or 
 value of £300 ; but in all such cases the fees to be taken and to be 
 charged and allowed as aforesaid respectively, shall be one half of 
 the fees specified in the several higher scales of the said orders 
 respectively, except in the instances following, namely : except that 
 this rule is not to apply in any case, so as to increase the amount of 
 any fees authorised to be taken, or to be charged or allowed, on foot 
 of the said Lower Scales respectively : and is not to apply to any fee 
 authorised to be taken, or to be charged or allowed, for copies, or 
 any ad valorem fee. 
 
 \ "• 
 
 Except in the particulars specified iu the last preceding rule, all 
 cases in Court under the amount or value of £300 shall, until further 
 order, be regulated by such of the provisions of the said Orders of 
 the Chancery of Lancaster Rules, 1884, as are applicable to cases 
 to which the said several Lower Scales mentioned in the said orders, 
 are thereby made applicable. 
 
 III. 
 
 These lules shall come into operation upon, and from, the 1st 
 day of January, 1885. 
 
 G. 0. TREVELYAN. 
 
 HENRY FOX BRISTOWE, 
 
 V.-C„ Lancaster. 
 
329 
 
 INDEX. 
 
 ABANDONED MOTION. 
 
 Costs of . . . . . . . . . . . . . . 157 
 
 " ABATED." 
 
 Cause marked, to be struck out at expiration of a year . . ... 35 
 
 ABATEMENT. 
 
 None by reason of marriage, death, or bankruptcy, if cause of action 
 BurriTe . . . . . . . . . . . . . . 33 
 
 None by reason of death between finding of issues and judgment . . 33 
 Solicitor to certify to Registrar, and entry to be made in Cause Book 35 
 
 ABEIDGMENT. 
 
 Of time for taking proceedings, by Com-t . . . . ■ 150 
 
 ABSTEACT. 
 
 Of title, to be laid before Counsel on sale by Court . . . . 110 
 
 ,, form of affida-vit Terifying .. .. .. .. 277 
 
 ACCEPTING SEEVICE. See Service. 
 
 ACCIDENTAL. 
 
 Slips or omissions. See Ebeokb. 
 
 ACCOUNTANT. 
 
 Court may obtain assistance of . • • . • ■ . . 77 
 
 Registrar may obtain assistance and act upon certificate of . . 136 
 
 Allowances in respect of fees to . . . . . . • ■ 324 
 
 w 
 
330 
 
 ACCOUNTS. 
 
 Affidavit verifying, form of . . 
 
 Alterations in accounts verified by affidavit to be initialed 
 
 Application for, where writ indorsed for 
 
 ,, „ ,, to be by summons , . 
 
 „ ,, „ evidence in support of 
 
 Certificate of result of, torm of 
 Chambers, left in, to be 
 
 „ „ making out and verification of . . 
 
 „ ,, to be written on foolscap paper, bookwise 
 
 Disallowance of items in . . 
 Delay in prosecution of 
 
 Executors' or trustees', application for without administration 
 Filing of . . 
 
 Indorsement of writ, where account desired 
 Just allowances to be made without special direction 
 May be directed at any stage 
 
 ,, on motion for judgment or new trial 
 
 Mode of taking or vouching may be directed by Court •> 
 Numbering of 
 Order for, form of . . 
 Particulars to be given of amount sought to 
 
 amount admitted . . . . 
 
 Personal estate of, form of . . 
 Beceivers. See Beceiveb 
 
 ,, form of 
 
 Rents and profits of, form of . . 
 Surcharging 
 Transcript of, in case of much alteration in 
 
 263 
 
 87 
 
 20 
 
 20 
 
 20 
 
 137 
 
 62 
 
 62 
 
 158 
 
 137 
 
 63 
 
 119 
 
 137 
 
 6 
 
 83 
 
 62 
 
 91 
 
 62 
 
 63 
 
 63, 281 
 
 be charged beyond 
 
 .. 63 
 ..265 
 ..109 
 109, 270 
 ..267 
 ..137 
 ..137 
 
 ACKNOWLEDGMENTS. 
 
 Power of Registrar to take, other than acknowledgments by married 
 women . . . . . . . . . . . . . . 127 
 
 ACTION. 
 
 Abatement of. See Abatement. 
 
 Commencement of . . 
 
 Conduct of 
 
 Definition of, in Orders and Rules 
 
 Form of . . 
 
 For less than £10 . . 
 
 5 
 
 28 
 
 166 
 
 5 
 
 5 
 
831 
 
 A.GTIO'R.— Continued. 
 Included in " Cause" 
 Included in " Suit " 
 Joinder of causes of 
 Matters aiising pending 
 Parties to. See Pabiibb 
 Trial of. See Tbial 
 
 .. 166 
 .. 166 
 35, 36 
 46, 47 
 20—32 
 66—77 
 
 ACTS OF PAELIAMENT. See Statutes. 
 
 ACTUAEY. 
 
 Court may obtain assistance of 
 Allowance in respect of fees to 
 
 77 
 324 
 
 ADDING PAETIES. See Paeties. 
 
 ADDEESS. 
 
 Indorsement of on writ of execution 
 ,, on bill of costs 
 
 97 
 158 
 
 ADDEESS FOE SEEVICE. 
 
 Indorsement of on writ . . . . . . . . . 7 
 
 „ on notice in Uau of semce . . . . , . 7 
 
 ,, on other document originating proceedings . . 8 
 
 Memorandum of appearance, to be stated in. Sec Appeabance 17,18 
 
 Where none given . . . . . . . . . . . . 162 
 
 ADJOUENMENT. 
 
 Of trial by Vioe-ChanceUor 
 
 70 
 
 ADMINISTEATION. 
 
 Action for, forma of indorsement on writ of summons 
 „ forms of statement of claim 
 ,, forms of defence .. 
 „ parties to. See Paeties . . 
 Attending proceedings in . . 
 Claims in chambers 
 Order for general, need not be made if question can be determined 
 without 
 w2 
 
 .. 175 
 .. 193 
 .. 207 
 27—30 
 29, 30 
 131—135 
 
 121 
 
332 
 
 ABMINISTBAIIO^.— Continued. 
 
 Order for general, form of . . . . . . . • . . 281 
 
 Summary application — 
 
 For general administration, by petition, motion, or originating 
 BiunmonB . . . . • . • • . ■ • • 120 
 
 For determination of particular question, by petition or motion 119 
 ,, not to interfere with discretion of executor 
 
 or trustee .. .. .. .. ... .. 121 
 
 Evidence on . . . . . . . . . . . . 121 
 
 Persons to be served with . . . . . . . . 120, 121 
 
 ADMINISTEATOE. See Exeoutoe. 
 
 ADMISSIONS 60-62 
 
 Of case of other party . . . . . . . . . . 60 
 
 Of documents. See Documents. 
 
 Of evidence entered as read, to be filed before passing of judgment or 
 order . . . . . . . . . . . . . . 140 
 
 Of facts — 
 
 Afadavit of signature of . . . . . . . . . . 61 
 
 Cost of unreasonable refusal to make 
 Form of 
 
 Judgment or order on . . 
 Notice for 
 
 ,, Form of 
 
 ADVEETISBMENT. 
 
 Authority to printer of Gazette for insertion of . . 
 For creditors, form of 
 
 „ directions for, before necessary parties are 
 notice of judgment 
 For claimants other than creditors, form of 
 Notice by, in lieu of service . . 
 Peremptory and usually one only, to be 
 Power of Registrar to issue . . 
 Preparation and signature of 
 
 AFFIDAVIT 
 
 Alterations in, to be initialed 
 Alterations in accounts verified by, to be initialed 
 Application to answer matters in, not to be by rule nisi 
 1. ,, ,, length of notice of motion 
 
 60 
 
 , 61 
 
 61, 
 
 186 
 
 
 61 
 
 60 
 
 , 61 
 
 61, 
 
 185 
 
 
 132 
 
 132, 
 
 256 
 
 served with 
 
 
 
 126 
 
 132, 
 
 255 
 
 . . 
 
 126 
 
 . . 
 
 132 
 
 
 127 
 
 
 132 
 
 84 
 
 -90 
 
 
 86 
 
 
 87 
 
 . . 
 
 113 
 
 on 
 
 113 
 
333 
 
 AFFIDAVIT.— Continued. 
 
 Applications under Acts of Parliament, directing purchase money to 
 
 be paid into Comt 
 Certificates on exhibits to be marked with short title of cause 
 Chambers, in 
 Contents of 
 
 Copies of. See Copies 
 Costs of improper . . 
 Cross-examination on, before Court at tiial 
 
 ,, „ before Registrar or special examiner 
 
 Defective or irregular, may be received . . 
 Description and abode of deponent 
 Documents, of. See Doodments. 
 
 ,, form of order for 
 
 Documents referred to in, to be made exhibits . . 
 Erasures in, how authenticated 
 Evidence at trial by, only by agreement or order 
 Exhibits to 
 
 Ex-parte apphcation to be made before 
 Filed before issue joined not receivable at trial without notice 
 Filed after time not to be used without leave 
 Filing of , . 
 Foot note stating on whose behalf filed 
 
 „ ,, ,, form of . . 
 
 Form of . . 
 
 Guardian ad litem, for entry of appearance as, form of . . 
 Illiterate or bUnd persons, by 
 InterUneatious in, to be initialed 
 Interrogatories, in answer to. See Intekeogatokies 
 Motion, petition or summons, on, evidence may be by 
 Names of deponents in jurat . . 
 
 Notice to be given of intention to use before Registrar 
 OfBce copy of, may be used . . 
 Of service, contents of 
 
 by post, contents of 
 
 filing of, before proceeding in default of appearance 
 
 may be sworn at any time before order passed and entered 
 
 of notice of judgment, form of 
 
 of subpiena, contents of . . 
 
 of summons or notice of motion, form of 
 
 of writ of summons, to state day on which indorsement of 
 date of service was made 
 
 115 
 
 88 
 87, 88 
 84 
 159 
 84 
 88 
 89 
 86 
 85 
 
 247 
 88 
 86 
 77 
 88 
 87 
 81 
 87 
 86 
 
 161 
 86 
 85 
 
 175 
 86 
 86 
 55 
 84 
 86 
 87 
 87 
 
 164 
 
 163 
 
 19, 20 
 
 87 
 
 191 
 83 
 
 190 
 
 14 
 
 86. 
 
334 
 
 AFFIDAVIT.— Cowimwd. 
 
 Original, to be left with Registrar for filing . . . . . . 87 
 
 Receiver's account, verifying, form of . . . . . . 109, 276 
 
 Service out of the jurisdiction, on application for leave for .. 16 
 
 Striking out scandalous matter in . . . . . . . . 86 
 
 Substituted service, on application for . . . . . . . . 14 
 
 Swearing of — 
 
 Before whom in Bngland . . . . . . . . 84 
 
 „ in Scotland, Ireland, Colonies or abroad . . 85 
 Not before solicitor of party , his agent or correspondent, or party 
 
 himself .. .. .. .. .. ..87 
 
 Not before clerk or partner of solicitor . . . . . . 87 
 
 In print or in manuscript . . . . . . . . 158 
 
 Time and place of taking, to be expressed by commissioner . . 86 
 
 Title of .. .. .. .. .. .. ..84 
 
 „ under Chancery of Lancaster Acts . . . . , . 117 
 
 „ under sec. 30 of Lord St. Leonards' Act. . . . . . 116 
 
 Trial on . . . . . . . . . . . . 88, 89 
 
 ,, filing and delivery of list by plaintiff . . . . . . 88 
 
 ,, „ „ ,, by defendant . . . . . . 88 
 
 , , affidavits in reply . . . . . . . . . . 88 
 
 ,, cross-examination of deponent .. .. ..88 
 
 ,, compelhng attendance of deponent for cross-examina/tion . . 89 
 
 ,, printing of evidence . . .. .. .. ..89 
 
 „ time for giving notice of . . . . . . . . 89 
 
 Trustee Belief Act, on payment into Court under . . 147 
 
 Used in Court may be used before Registrar . . . . . . 87 
 
 Verifying abstract, form of . . . . . . . . . . 277 
 
 Verifying account and answering inqnii-ies, form of . . . . 263 
 
 Verifying engrossment of deed, form of . . . . . . 278 
 
 Verifying receiver's account . . . . . , , . 109 276 
 
 Written or printed bookwise, to be . . . . . . . . 85 
 
 AFFIBMATION. 
 
 Included in " oath " . . . . . . . . . , 167 
 
 „ in" affidavit " .. .. .. .. .. igy 
 
 AGENCY COEEESPONDENCE. 
 
 Costs of, when allowed . . . . . . . . , , 322 
 
 AGENT. 
 
 Action for account against : — 
 
 form of indorsement on writ of summon , , , , 177 
 
 form of statement of claim . , , . . . . . 195 
 
835 
 
 AGEEEMENT. 
 
 Between solicitors, when enforceable 
 Effect of bare denial of, in pleading 
 To' take evidence at trial by afBdayit 
 
 ALLEGATIONS. See Pleading. 
 
 7 
 40 
 
 77 
 
 ALLOWANCE. 
 
 Of income, pendente lite . . . . . . . . , . 107 
 
 ALLOWANCES. 
 
 Just, to be made in taking accounts . . . . . . . . 63 
 
 Special, on attendance for settling or passing judgment or order . . 93 
 
 Special, in costs . . . . . . . . . . 320 — 326 
 
 ALTEEATIONS. 
 
 Authentifioation of, in affidavits . . . . . . . . 86 
 
 „ in accounts verified by affidavit . . . . 87 
 
 ALTEENATIVE. 
 
 Claims against several defendants . . . , . . . . 21 
 
 Contracts how pleaded . . . . . , . . . . 41 
 
 AMENDMENT. 
 
 Defects or errors in proceedings, of . . , , . . . 52 
 
 Duties of Eegistrar in respect of . . . . . . . . B 
 
 Order for liberty to amend, form of . . . . . . . . 245 
 
 Of writ or pleadings, order for, need not be drawn up . . 114, 115 
 
 Of pleadings. 
 
 Of indorsement or pleadings by leave of Court 
 
 Of indorsement or statement of claim by plaintiff without leave 
 ,t „ >i costs of 
 
 Of counterclaim by defendant without leave 
 
 „ ,, ,, costs of 
 
 Disallowance of 
 
 Duration of leave for 
 
 Mode of 
 
 Marking of amended pleading 
 
 Pleading to amended pleading 
 
 Printing of, when necessary 
 
 Time for delivery of amended pleading 
 
 Unnecessary, scandalous, or embarrassing matter, by order 
 Of writ of summons, form of praecipe for 
 
 where defendant added or substituted 
 
 50, 51 
 50 
 52 
 60 
 52 
 51 
 51 
 51 
 52 
 51 
 51 
 52 
 41 
 222 
 23 
 
336 
 
 ANNUITIES. 
 
 List of, form of . . . . . . . . . . . . 27i 
 
 ANSWEE TO INTEEEOGATOEIE S. See Interrogatories. 
 
 APPEAEANCE 17-20 
 
 Conditional appearance not necessary before .application to set aside. 19 
 
 Counter-claim to, by person not a party . . . . . . 45 
 
 Default of 
 
 Affidavit of service to be filed before proceeding upon 19, 20 
 
 Delivery of pleadings in case of . . . . . . . . 38 
 
 Infant, or person of unsound mind, by . . . . . . 19 
 
 Third parties, by .. .. .. .. 30, 31 
 
 Where writ indorsed for account . . . . . . . . 20 
 
 Defendant may appear at any time before judgment . . . . 18 
 
 ,, appearing after time limited by writ not entitled to further 
 
 time . . . . . . . . . . . . 18 
 
 Duplicate memorandum to be certificate of entry of . . . . 17 
 
 Entry of 
 
 Guardian ad litem as, form of affidavit for. . . . . . 175 
 
 Mode of . . . . . . . . . . . . 17 
 
 Place of . . . . . . . . . . . . 17 
 
 To originating summons . . . . . . . . 123 
 
 Infant, or person of unsound mind, by . . . . . . 24 
 
 Memorandum of, by Defendant, to state address for service . . 17 
 
 „ ,, where defendant appears in person 18 
 
 form of . . . . 18, 172 
 
 „ ,, where more than one appear by 
 
 same Solicitor . . . . 18 
 
 ,, by person served with counter claim, form of 45,174 
 
 ,, by person served with order for carrying on 
 
 proceedings . . . . . . . . 34 
 
 ., „ „ ,, form of 34, 174 
 
 ,, by third party . . , . . . . . 30 
 
 form of .. .. 80, 173 
 
 „ duplicate of, to be certificate of entry of 
 
 appearance . . . . . . . 17 
 
 Notice of . . . . . . . . . . . . . . 17 
 
 Contents of . . . . . . . . . . . . 17 
 
 Form of . , . . . . . . . . 17, 173 
 
 Mode of giving , , . . . . . . . . 17 
 
337 
 
 AP'P'EKRA'EGK— Continued. 
 
 Partners, by . . . . . . . . . . . . 18 
 
 Pereon served with counter claim, by . . . . . . . . 45 
 
 Person served with order fur carrying on proceedings, by . . . . 34 
 
 Setting aside in case of fictitious address . . . . . . 18 
 
 Sohcitor not entering, ia pursuance of written undertaking, hable to 
 
 attachment . . . . . . . , . . . . 18 
 
 Third party, by .. .. .. .. .. ..30 
 
 Time for . . . . . . . . . . . . . . 18 
 
 APPLICATIONS. ^'('t' Motions. Petitions. Summaby 
 Applications. 
 
 To the Court, how to be made. See Motions . . . . . . 112 
 
 To the Vice-Chancellor of the chambers of the Registrar. See 
 
 SrnMAEY Applications. Summons . . . . . . 117 
 
 Under Lord St. Leonards' Act . . . . . . . . 116 
 
 Under Acts of Parliament directing pui'chase money to be paid into 
 
 Court .. .. .. .. .. .. 115, 116 
 
 Under Chancery of Lancaster Acts .. .. .. .. 117 
 
 APPOINTMENTS. 
 
 Of Registrar, to be by warrant . . . . . . . . 123 
 
 APPOETIONMENT. 
 
 Among creditors or legatees, form of list of . . . . . . 275 
 
 AEBITEATION. 
 
 Submission to, to be filed before order passed . . . . . • 140 
 
 AEEEST, 
 
 Order for, under Debtors' Act, form of . . . . . . • • 250 
 
 A8SESS0ES. 
 
 Court may obtain assistance of . . . • ■ • . . 77 
 
 Trial before Tice-Chancellor and . . . ■ • • . . 67 
 
 ATTACHMENT. 
 
 Non-compliance with order for discovery or inspection, for 57, 58 
 
 Notice of motion for, to state grounds of application . . . . 113 
 
 co^y ot di,&Aa,nt, vhen io he eevyei mth .. 113 
 
338 
 
 ATTACHMENT.— Cow«inM«d. 
 
 Person refusing to be sworn or to answer lawful question . . 
 
 Rule nisi or order to shew cause for, not to be made 
 
 Service of order for, original order must be shown on 
 
 Solicitor not entering appearance in pursuance of written undertaking 
 
 liable to . . 
 ,, not giving notice to client of order for disooTery or inspec 
 
 tion liable to 
 Writ of, effect of . . 
 
 128 
 113 
 162 
 
 18 
 
 58 
 103 
 
 form of . . . . . . . . . . 97, 233 
 
 included in terms " writ of execution " . . . . . . 96 
 
 judgments enforceable by . . . . . . . . 95 
 
 not to be issued vrithout leave to be applied for on notice . . 103 
 prsecipe for, form of . . . . . . . . 97, 220 
 
 return of . . . . . . . . . . 114 
 
 ATTENDANCES. 
 
 Of solicitors, costs of .. .. .. .. 316—819 
 
 Court fees on .. .. .. .. ..292 
 
 ATTENDING PEOCEEDINGS. 
 
 By person served with notice of judgment or order 
 In chambers, directions by Registrar as to 
 
 ,, by parties not directed to attend . . 
 
 ,, by person prosecuting order, in case of negligence 
 
 „ order as to, to be drawn up on warrant and recited 
 
 Report 
 „ costs of . . 
 
 28 
 130 
 130 
 131 
 
 130 
 322 
 
 ATTESTATION. 
 
 Upon honour, included in " affidavit " . . . . . . . . 167 
 
 ATTOKNEY. See Solicitor. 
 
 AUTHOEITY. 
 
 Next friend or relator to give, for use of name . . . . . . 25 
 
 Solicitor, of, for issue of writ to bo disclosed on demand . . . . 10 
 
 Proceedings to be stayed if writ issued without . . . . . . 10 
 
339 
 
 AWAED. 
 
 Filing of before order passed.. .. .. .. ,. 140 
 
 Motion for rale nisi or order to show cause for setting aside, &o., 
 
 not to be made . . . . . . . . . . . . 113 
 
 Notice of motion to set aside Ac, to state grounds of application . . 113 
 
 II » „ copy of affidavit when to be 
 
 served with . . . . 113 
 
 BANK. 
 
 Definition of, in Orders and Rules , . . . . . . . 165 
 
 Payment into, to " security for costs account," before delivery of 
 interrogatories . . . . . . . . . . . . 59 
 
 Payment out of, or transfer into Court, when cause disposed of . . 59 
 
 BANK OF ENGLAND. See Payment into and out op Court. 
 
 BANK HOLIDAYS. See Holidays. 
 BANKEUPTCY. 
 
 Change of parties on . . . . . . . . . . 33 
 
 Joinder of claims by trustee in . . . . . . . . 35 
 
 BENEFICED CLEEK. 
 
 Execution against . . . . . . . . . . . . 102 
 
 BIDDING PAPEE. 
 
 Form of .. .. .. .. .. .. ..285 
 
 BILL. 
 
 Suits formerly commenced by, now to be instituted by action . . 5 
 
 BILL OF COSTS. 
 
 Copy of may be required to be sent to client . . . . . . 325 
 
 Indorsement on . . . . • • • • • • • • 1"^ 
 
 To be written on bills of costs paper . . . . . . . . 158 
 
 BILL OF EXCHANGE. 
 
 Parties to action on . . • • • • • • 21 22 
 
340 
 
 BIETH. 
 
 Of person interested. See Parties . . . . . . . . 33 
 
 BLIND PEESON. 
 
 Affidavit by . . . . . . . . . . . . 86 
 
 BODY COEPOEATE. See Cobpokation. 
 
 BOND. 
 
 As security for costs, to be given to person requiring the security . . 151 
 
 BEEACH OF CONTEACT. 
 
 Injunction against repetition of . . . . . . . . 108 
 
 Higher scale applicable to costs of action to restrain . . . . 303 
 
 BEEACH OF TEUST, 
 
 Interrogatories may be delivered without leave in cases of . . 53 
 
 Particulars of, to be stated in pleading where relied on . . . . 38 
 
 BUSINESS. 
 
 Person carrying on, may be sued in name of firm . . , . 24 
 
 CALENDAES. 
 
 To be kept to bundles of documents filed . . . . . . 140 
 
 To be accessible to public . . . . . . . . . . 140 
 
 CANCELLATION. 
 
 Action for, of deed : — 
 
 Form of indorsement on writ of summons . . . . 176 
 
 CAPIAS. See Aebest. 
 
 Included in term " execution " .. .. ., ..96 
 
 CASH IN COUET. See Payment into and out of Couet. 
 
 CAUSE. See Action. 
 
 Inclades action, suit, or other original proceeding between plaintiff 
 
 and defendant . . . . . . . . _ _ _ _ Igg 
 
 Where no proceeding for one year in, month's notice to be given of 
 
 intention to proceed . . , . . . _ _ _ _ 2^50 
 
341 
 
 CAUSE BOOK. 
 
 Action to be distiDguiBhed in , by year, letter, and number 
 Appearance to be entered in . . 
 
 Date of judgment order or certificate to be entered in 
 Filing of copy of writ to be entered in . . 
 
 PAGE 
 
 9 
 
 18 
 
 140 
 
 CAUSE OF ACTION. 
 
 Damages in respect of continuing, how assessed 
 Joinder of causes of action. See Joinder 
 
 .. 77 
 35, 36 
 
 CEETIFICATE. 
 
 Aceomitant, of. Registrar may act upon 
 
 Counsel, of, on petition of rehearing 
 
 Court, granted by, to be entered by Registrar . . 
 
 Exhibits, on, to be marked with short title of cause 
 
 Proceedings, of, by Kegistrai-. . 
 
 Registrar, of. See Report . . 
 
 , , authentication of 
 
 , , date of to be entered in Cause Book 
 
 „ special 
 
 Solicitor, by, for lower scale of Court Fees 
 
 .. 136 
 
 .. 144 
 
 .. 71 
 
 88 
 
 .. 141 
 
 136—138 
 
 139, 140 
 
 .. 140 
 
 .. 136 
 
 288, 290 
 
 CESTUI QUE TRUST. 
 
 Action by, for execution of trusts 
 Trustee to represent 
 
 27 
 22 
 
 CHAMBEES OF THE REGISTEAE. 
 Proceedings in. See Registhab. Summons 
 
 117—143 
 
 CHANCELLOE. 
 
 Definition of in Orders and Rules 
 
 165 
 
 CHANCEEY DIVISION. 
 
 Procedure and practice in, to be followed whore no pro-vision in 
 Rales 167,168 
 
842 
 
 CHANCBEY OFFICE. 
 
 Definition of, in Orders and Bules 
 
 Holidays at 
 
 Office hours at 
 
 Pleadings and documents to be filed in 
 
 Situation of 
 
 165 
 
 4 
 
 4 
 
 53 
 
 3 
 
 CHANCERY OF LANCASTEE ACTS. See Court of Chancery 
 OF Lancaster Acts. 
 
 CHANGE. 
 
 Of parties. See Fabiies . . . . . . . . . . 33 
 
 CHAEACTEE. 
 
 Of parties, forms of indorsement on writ of summons . . . . 178 
 
 CHAEGING OEDEE. 
 
 Effect of .. .. .. .. .. .. ..103 
 
 Forms of, niii . . . . . . . . . . . . 249 
 
 „ absolute . . . . . . . . . . . . 2S0 
 
 „ Solicitor's lien .. .. .. .. ..260 
 
 Proceedings for obtaining . . . . . . . . 103 
 
 OHAEITABLE TEUSTS ACT. 
 
 Applications under, to be by petition or motion . . . . . . 121 
 
 Fees on proceedings under . . . . . . . . . . 325 
 
 CHEISTMAS DAY. 
 
 Holiday at Chancery Offices . . . . . . . . . . 4 
 
 Not to be reckoned in computation of limited time, if less than six 
 
 days .. .. .. .. .. .. ..149 
 
 CLAIM. 
 
 Indorsement of, on writ of simimons . . . . . . ..6,6 
 
 Statement of. See Statement or Claim . . . . . . 42 
 
 Suits formerly commenced by, now to be instituted by action , . 5 
 
 CLAIMS. 
 
 Of creditors. See Cbeditobs . . , . ; , 181.!-135 
 Of other claimants. See Beqibibab, proceedings in Chambers 131, 132 
 
843 
 
 CLASS. 
 
 Application for ascei'taiument of, by petition or motion without general 
 
 administration . . . . . . . . . . . . 119 
 
 Court may appoint persons to represent . . . . . . 27 
 
 CLASSIFICATION. 
 
 Of interests by Registrar. . .. .. .. .. .. 130 
 
 CLEEICAL MISTAKES. 
 
 Correction of, in judgments or orders. See Ebbobs . . . . 52 
 
 CLERKS IN COUET. 
 
 Duties formerly performed by, by whom now performed . . . . 7 
 
 CLOSE OF PLEADINGS. 
 
 On default of dehvery of reply or subsequent pleading . . . . 49 
 
 ,, statements in last pleading to be deemed to be put in 
 
 issue . . . . . . . . . . 49 
 
 On simple joinder of issue or default of pleading . . . . . . 46 
 
 COMMENCEMENT. 
 
 Of action . . . ■ . . . . . • ■ • 5 
 
 Of Orders and Eules . . . . . . . • . . 1 
 
 COMMISSION. 
 
 To examine witnesses, form of . . . . . . 78, 238 
 
 „ form of praecipe for . . . . . . . . 221 
 
 form of order for .. .. .. 78,251,252 
 
 Of partition, form of precipe for . . . . . . . . 222 
 
 COMMISSIONEE. 
 
 To administer oaths . . • . • • • • . . 84 
 to express time and place of taking affidavit .. 85 
 
 COMMITTAL. See Attachment. 
 
 Judgments enforceable by . . . . • • ■ • .95 
 
 Order for, under Debtors' Act, 1869 . . ■ • . . . . 99 
 
344 
 
 COMMITTEE. 
 
 Of lunatic. See Lunatic. 
 
 COMMON JUEY. See Juby, Pkoceedings under Statute. 
 
 COMPANIES ACTS. 
 
 Proceedings under, application of General Orders and Rules of 
 High Court .. .. .. .. .. ..117 
 
 COMPANY. 
 
 Interrogatories to officer of, by leave of Court . . . . . . 54 
 
 COMPTEOLLEE. 
 
 To check payments of smtors money . . . . . . . . 4 
 
 Fee receipts under hand or stamp of . . . . . . . . 287 
 
 ,, to be furnished by, to Registrar on demand . . . . 288 
 
 CONCUEEENT WEITS. 
 
 Issue of . . . . . . . . . . . . . . 9 
 
 Duration of . . . . . . . . . . . . 9 
 
 For service within and out of jurisdiction . . . . . . 10 
 
 CONDITION. 
 
 Effect of non-compliance with, where order obtained npon . . 95 
 
 Execution upon conditional order by leave of Court . . . . 96 
 
 Precedent,' to be specified in pleading, if performance intended to be 
 contested . . . . . . . . . . . . 39 
 
 CONDITIONS OF SALE. See Sale. 
 
 On sale by Court . . . . . . . . . . . . 110 
 
 Ordinary, form of . . . . . . . . . . . . 282 
 
 CONDUCT. 
 
 Of proceedings. 
 
 Court may give to any person , . . . , . . . 28 
 
 Application for, by party attending at his own expense . . 130 
 
 In case of neglect in prosecuting order . . . . . . 131 
 
 In case of undue delay in prosecution of accounts or inquiries or 
 
 other proceedings under order . . . . . . . . 63 
 
 Of sale. Sec Sale.. .. .. .. .. ..Ill 
 
845 
 
 CONFESSION. ""^ 
 
 Of defenos ... . . , . , . . . . . 47 
 
 form of . . . . . . . . . . 47, 180 
 
 ,, form of judgment for plaintiff's coeta after . . . . 216 
 
 CONSENT. 
 
 To judgment or order, where defendant appears by solicitor , . 94 
 
 I, ,, Trhere defendant has not appeared, or appears 
 
 in person . . . . . . . . 94 
 
 To procedure of person under disability, how giyen . . . . 25 
 
 CONSIGNEE. 
 
 Appointed by Court, included in " Receiver " .. .. .. 166 
 
 CONSOLIDATED OEDEES. 
 
 Repeal of . . .. . . . . ,. .. 1, 286 
 
 CONTEMPT. See Attachment. 
 
 Parties or witnesses summoned before Registrar in Chambers liable 
 
 to process of . . . . . . . . . . - , 127 
 
 CONTEACT. 
 
 Effect of bare denial of in pleading . . . . . . . . 40 
 
 Implied from letters, &o., how pleaded . . . . . . 41 
 
 Joinder of persons liable on one as defendants . . . . 21, 22 
 
 CONTEIBUTION. 
 
 Action for, by co-surety, form of indorsement on writ of summons. . 177 
 
 Claim for against co-defendant . . . . . . . . 32 
 
 „ „ third party . . . . . . . . . . 30 
 
 Order for liberty to issue notice claiming, form of . . . . 249 
 
 CONVEYANCING COUNSEL. See Sale by the Coubt, 
 
 Allowance in respect of fees te . . . ■ • • . . 324 
 X 
 
846 
 
 COPIES. 
 
 Affidavits of, filed by claimants 
 
 „ on ex parte applications to be furnished immediately 
 
 „ Footnote to ba copied on . . 
 
 Costs of . . 
 
 Credit to client for amount payable for printed . . 
 Documents, of, filed but not printed . . 
 
 „ in possession of other party, costs of 
 
 Folios in to be numbered 
 Furnishing of 
 
 Indorsement of name and address of solicitor furnisliing 
 Neglect to famish written 
 Office. See Oitioe Copies. 
 Pleadings of, to be filed on delivery 
 Printed, to be furnished on demand , , 
 
 ,, payment for 
 Production of, by party taking 
 Begulations as to . . 
 
 Written, no charge for, where party entitled to printed 
 ,, paper for . . 
 
 , , to be furnished by Begistrar to party printing . 
 „ to be written neatly and legibly 
 
 312- 
 
 PlUHS 
 
 132 
 160 
 161 
 -314 
 159 
 160 
 323 
 161 
 160 
 161 
 161 
 
 62, 63 
 .. 169 
 .. 159 
 .. 160 
 159—161 
 .. 159 
 158, 161 
 .. 159 
 .. 161 
 
 COPYEIGHT. 
 
 Action for infringement of. 
 
 Form of indorsement on writ of summons , 
 Form of statement of claim 
 Form of defence 
 
 177 
 202 
 212 
 
 COEPOEATION. 
 
 Included in words importing individual persons . . . . . . 167 
 
 Interrogatories to officer of, by leave of Court . . . . . . 54 
 
 Service of writ of summons on . . . . . . . . 13 
 
 Title of, to be written at length in order directing payment of money 
 into or out of Court . . . . . . . , 145, 146 
 
 COSTS 
 
 Abandoned motion, of 
 
 Accountants' fees, allowances in respect of 
 
 Actuaries' fees, allowances in respect of 
 
 151—158 
 .. 167 
 .. 324 
 .. 324 
 
847 
 
 OdSasioned by non- 
 
 GOSTS.—Continued. 
 
 Adjonmment of proceedings iii Chambers 
 
 attendance or neglect 
 Affidavits, of improper 
 
 Agency correspondence, allowance in respect of . . 
 Agent, employment of for taking affidavits 
 Amendment of pleading, occasioned by 
 Appearance of party not interested, of 
 Application to strike out or amend unnecessary, scandalous, or 
 
 embarrassing matter in pleadings . . 
 Attendance at Chambers, of . . 
 
 ,, ,, to settle or pass judgment or order 
 
 Bill of. See Bill of Costs. 
 Charitable Trusts Act, fees on proceedings undkt 
 Claims by creditors, of establishing 
 Conferences, allowance in respect of fees on 
 Confession of defence, on . . 
 Copies of documents, of 
 Counsel, attending at chambers, of 
 
 conveyancing, allowance in respect of fees to . . 
 procuring advice of, allowance in respect of 
 retaining fee to, not allowed as between party and party . . 
 two, may be allowed, though both from outer bar 
 vouching of fees by signature of 
 Court fees not allowed, unless proved to be paid. . 
 Defendant, though unsuccessful, entitled to costs occasioned by im- 
 properly joining plaintiff . . 
 Delay in prosecution of accounts or inquiiies, or other proceedings 
 
 under order 
 Disallowance of, for neglect of solicitor 
 
 „ improper proceedings, by Court 
 
 ,, ,, by taxing officer . . 
 
 „ incurred through over-caution, negligence, or mistake 
 
 ,, objections to 
 
 Discontinuance or withdrawal, on 
 
 ,, judgment for, on non-payment of 
 
 ,, stay of subsequent action on non-payment of 
 
 Discovery by interrogatories, of 
 Discretion of Court as to . . 
 
 ,, of Eegistrar as to, of proceedings in chambers . . 
 
 „ of taxing officer, matters to be considered in exercising . . 
 
 x2 
 
 129 
 84 
 322 
 321 
 155 
 164 
 
 .. 41 
 130, 322 
 
 .. 322 
 
 .. 325 
 133, 135 
 
 .. 324 
 
 .. 47 
 
 .. 323 
 
 .. 129 
 
 .. 324 
 
 .. 323 
 
 .. 324 
 
 .. 225 
 
 .. 325 
 
 .. 326 
 
 21 
 
 63 
 
 152 
 
 153 
 
 153 
 
 155 
 
 156 
 
 48 
 
 48 
 
 48 
 
 58 
 
 151 
 
 129 
 
 324 
 
348 
 
 COSTS.— Continued. 
 
 Documents, of inspection of . . 
 
 „ of proving, when notice to admit not given . . 
 
 ,, „ when refusal to admit unreasonable 
 
 Engineers' fees, allowance in respect of 
 Evidence, allowance in respect of 
 Executors, of 
 
 Extension of time, of application for . . 
 Fruitless through default of Solicitor . . 
 Fuud in Court, to be paid out of 
 
 Gross sum in lieu of taxed, on interlocutory applications . . 
 Guardian ad litem, of solicitor 
 Higher scale, in what cases applicable . . 
 Improper af&davits, of 
 
 „ denial or non-admission of facts 
 
 „ interrogatories, of . . 
 
 ,, proceedings, of . . . . . . . . 152, 
 
 Injunction , in action for special, to be taxed on higher scale 
 
 Interlocutory applications, sum in gross in lieu of taxed costs on 
 
 Issues of, to follow event 
 
 Lord St. Leonards' Act, fees on proceedings under 
 
 Lower scale, in what cases applicable , . 
 
 Merchants' fees, allowance in respect of 
 
 Mortgagees, of 
 
 Neglect, occasioned by . . . . . . . . 151, 
 
 Non-attendance before Registrar, occasioned by . . 
 Objections to allowance or disallowance of 
 Orders as to Solicitors' 
 
 ,, „ commencement of 
 
 Party and party, between 
 Paupers, of 
 Prematui-e briefs, of 
 Priuting, of 
 
 Prolix forms of writ of summons, of 
 Prolixity in pleadings, of 
 
 ,, in proceedings, of . . 
 Eefasal to admit documents, where unreasonable 
 
 ,, „ facts, where unreasonable 
 
 Eetainers, of, not allowed as between party and party 
 Scale of, in Schedule to Order as to Solicitor's costs 
 Appearances . . 
 
 153, 
 
 323 
 60 
 60 
 324 
 321 
 151 
 154 
 152 
 156 
 153 
 152 
 303 
 84 
 44 
 54 
 158 
 .. 303 
 .. 153 
 .. 151 
 .. 325 
 302, 303 
 .. 324 
 .. 151 
 152, 168 
 133, 129 
 .. 156 
 302—328 
 304, 328 
 155 
 26 
 325 
 161 
 5 
 
 37, 88 
 
 153, 158 
 
 .. 60 
 
 60, 61 
 
 .. 324 
 
 305-326 
 
 .. 309 
 
349 
 
 302, 
 
 COSTS.— Continued. 
 
 Attendances . . 
 
 Copies 
 
 Demands 
 
 Drawing pleadings and other documents 
 
 Exhibits 
 
 Instruetions . . 
 
 Notices 
 
 Oatlis 
 
 Perusals 
 
 Services 
 
 Summonses 
 
 Term fees 
 
 Warrants 
 
 Writs . . 
 Scale of, in cases of value under £300 
 
 , , higher or lower, in what cases applicable 
 , , Court or Yico-Chancellor may direct allowance of either . . 
 Security for. See Secueitt fop. costs 
 Separate writ for 
 Set-off, of, notwithstanding solicitor's hen 
 
 ,, by taxing officer . . 
 Setting down cause or matter, of, where struck out for defect 
 Settling drafts by private counsel in addition to conveyancing counsel 
 Solicitor, employment of different, where interests classified 
 
 ,, guardian ad litem, of 
 
 ,, payment by personally 
 Solicitor and client, between , . 
 Special allowances . . 
 
 Statement of claim, unnecessary delivery of 
 Subpoena for payment of, not to issue . . 
 Taxation of — 
 
 Attendance of parties on to be arranged by taxing officer 
 
 Certificate of, to state total amount when payable out of fund in 
 Court 
 
 Discontinuance or withdrawal, on. . 
 
 In case parties differ 
 
 Neglect of party to bring in costs for taxation 
 
 Order for, when unnecessary 
 
 Payable to pauper 
 
 Powers and duties of taxing officer 
 
 „ where party both to pay and to receive costs 
 
 316-319 
 812-314 
 306—309 
 311, 312 
 
 .. 320 
 309—311 
 306—309 
 
 .. 320 
 314-316 
 306-309 
 305, 306 
 
 .. 320 
 305, 306 
 305, 306 
 
 .. 328 
 303 
 303 
 151 
 
 152 
 
 154 
 
 157 
 
 153 
 
 .. 130 
 
 .. 162 
 
 151, 162 
 
 .. 152 
 
 320- 
 
 158- 
 
 -326 
 
 42 
 
 103 
 
 164 
 
 156 
 
 48 
 
 156 
 
 155 
 
 ISS 
 
 26 
 
 -158 
 
 154 
 
350 
 
 C08TS.— Continued. 
 
 Prolixity to be enquired into by taxing officer 
 BoTiew of by taxing officer 
 „ by Court 
 „ evidence on . , 
 Service of warrant unnecessary vfhere defendant bas not 
 
 appeared . . 
 Special allowance on attendance to settle or pass judgment 
 
 or order . . 
 Where same Solicitor employed for more than one defendant . . 
 Work and labour not provided for . . 
 Tender of £2 23. on service of petition . . . . 323, 324 
 
 Third party and other parties, as between . . . . . . 32 
 
 Trustees, of . . . . . . . . . . . . 151 
 
 Unnecessary appearance, of . . . . . . . . . - 154 
 
 Vexatious or unnecessary proceedings, of . . . . 153, 158 
 
 37, 153, 154 
 
 156, 157 
 
 .. 157 
 
 .. 167 
 
 152 
 
 93 
 321 
 324 
 
 COUNSEL. 
 
 Assignment of to pauper 
 Attendance of, in Chambers . . 
 Certificate of on petition of rehearing . . 
 Conveyancing. See Sale by the Couki. 
 
 ,, Allowance in respect of fees to 
 
 Costs of two may be allowed, though both from outer bar 
 ,, advice of, allowance in respect of 
 „ settling drafts already settled by conveyancing counsel 
 Fees to, to be vouched by signature of . 
 Not to take fee from pauper . . 
 
 Retaining fee to, not allowed as between party and party . . 
 Speeches of, on trial with witnesbes 
 
 26 
 129 
 144 
 
 324 
 325 
 328 
 153 
 325 
 
 26 
 324 
 
 70 
 
 COUNTEE-CLAIM 
 
 Amendment of. See Ambndment. 
 Appearance by person not a party served with 
 Claim for general relief not necessary . . 
 Delivery of, to parties . . 
 Discontinuance or dismissal, effect of, on 
 Distinct claims to be separately stated . . 
 Effect of, same as cross action 
 Exclusion of 
 
 43—45 
 50 
 45 
 43 
 44 
 45 
 43 
 37 
 
 37, 45 
 
361 
 
 COUNTEE-CLAIM.— CoM^mwed. "'"' 
 
 Grounds of, to be specifically stated as counter-claim . . . . 44 
 
 Judgment for balance on . . . . . . . , . . 45 
 
 Memorandum of appearance to, form of . . . . 45, 174 
 
 Belief claimed to be stated specifically . . . . . . . . 43 
 
 Belief to defendant establishing . . . , . . . . 45 
 
 ,, notwithstanding misjoinder of co-plaintiff . . . . 21 
 
 Eeply to . . . . . . . . . . . . 45, 46 
 
 ,, time for . . . . . . . . . . . . 45 
 
 Service of, on persons not parties . . . . . . . . 44 
 
 Stay of action, effect of, upon . . . . . . . . 45 
 
 Title of, where claim against plaintiff and other persons . , . . 44 
 
 "Withdrawal of .. .. .. .. .. ..48 
 
 COURT. 
 
 Definition of, in Orders and Bules . . . . . . . . 165 
 
 Payment into and out of. See Payment into and out op Coubt . . 
 
 COURT FEES. 
 
 Abolition of existing . . . . .„ • ■ 289 
 
 Accounts, on taMng . . . . . . . . 296, 297 
 
 AfSdavits, on taking . . . . . . . . . . 293 
 
 Appearances, on . . . . . . . . . . ■ • 292 
 
 Application of 56th Order of " Chancery of Lancaster Bules, 1884," to 289 
 
 Attendances, on . . . . . . . . • • 292, 293 
 
 Certificates, on . . . . . . . . ■ ■ • • 294 
 
 Certificate by solicitor for Lower Scale of . . . . • • 288 
 
 ., formof .. .. 290 
 
 Commencement of orders as to . . . . ■ ■ 290, 328 
 
 Commissions, on . . . . • • • ■ • • • • '•'^ 
 
 295 
 Copies, on . . • • • • • • • ■ . ■ ah 
 
 Costs, on taxation of 
 
 Deposit on accomit of 293,294,297,298 
 
 Examination of witnesses, on . . . . • • • • 294, 295 
 
 Exhibits, on . . • • • • • • • • • • 293 
 
 Fee receipts to be given in Liverpool and Manchester Districts . . 287 
 
 to be furnished by Comptroller to Eegistrar . . . . 288 
 
 date of issue to be impressed upon .. .. ■• 288 
 
 ", to be eancelled before filing or acting upon document . . 288 
 
 to what documents attached . . • • 288, 291—300 
 
362 
 
 COUET F'E'EB.— Continued. 
 Filing, on. . 
 
 293 
 
 295 
 
 288 
 289 
 294 
 
 Hearing, on 
 
 Higher scale, in what cases appUoable. . 
 
 ,, excess allowed on taxation if Lower Scale applicable 
 
 Inspections, on . . 
 
 Judgments, on .. .. .. .. .. 295, 296 
 
 Lower scale, in what oases applicable . . . . . . 288, 300, 301 
 
 „ certificate by Solicitor for . . . . 288, 290 
 
 „ to be paid on production of copy of certificate . . 288 
 
 „ deficiency, how made good if higher scale applicable . . 289 
 
 Matters excepted from provisions of order . . . . . . 289 
 
 Miscellaneous .. .. .. .. .. 298—300 
 
 Money, to be taken in . . . . . . . . . . 287 
 
 Kot allowed on taxation unless proved to have been paid . . . . 326 
 
 Oaths, on.. .. .. .. .. .. ..293 
 
 Orders, on . . . . . . . . . . 295, 296 
 
 Orders as to . . . . . . . . 287—301, 327, 328 
 
 Paupers not liable to . . . . . . . . 26 
 
 Scale of, in schedule . . . . . . . . 291—300 
 
 „ ia cases of value under £300 . . .. .. .. 828 
 
 Searches, on . , . . . . . . . . . . 294 
 
 Summonses, on . . . . . . . . . . . . 291 
 
 Titleof Order asto.. .. .. .. .. ..290 
 
 Undertaking to pay further . . . . . . . . 293, 295 
 
 Warrants, on . . . . . . . . . . . . 291 
 
 Writs, on . . . . . . . . . . . . . . 291 
 
 COUKT OF CHANCEEY OF LANCASTEE ACTS. 
 
 Orders and Kules made under powers of . . . . . . 1 
 
 Title of petitions, notices of motion and afiidavits under . . . . 117 
 
 CEEDITOES 131-135 
 
 Advertisement for. See Advertisement . . . . 126, 132, 256 
 
 Claims in Ohambers by — 
 
 Adjudication on . . . . . . . . . . 134 
 
 „ adjournment of . . . . . . . . 134 
 
 Affidavit by executor as to claims of . . . . . . 133 
 
 „ form of .. .. .. .. 138, 258 
 
 ,, postponement of till after adjudication . . .. 133 
 
358 
 
 CEEDITORS.— Co«f(»«?rf. 
 
 Affidavit or attendance in support, not required 
 
 After time fixed by advertisement 
 
 Costs of establishing 
 
 Costs of proving, in case of non-compliance 
 
 duce documents 
 List of, to be verified by executor 
 
 form of 
 
 List of claims allowed . . 
 Notice of allowance of . . 
 
 ,, ,, form of 
 
 Notice to produce documents 
 
 form of 
 Notice to prove 
 
 „ ,, form of . . 
 Notice that cheque may be received 
 
 ,, ,, „ form of 
 
 Notices by post 
 Particulars of claims to be sent in to executors 
 
 Fi.CtB 
 
 . . 132 
 131, 134 
 ..135 
 with notice to pro- 
 
 . . 133 
 . . 183 
 
 133, 257 
 . . 135 
 . . 134 
 
 134, 259 
 . . 133 
 
 133, 257 
 . . 134 
 
 134, 260 
 . . 135 
 
 135, 260 
 . . 135 
 . . 132 
 
 CEOSS-EXAMINATION. See Evidence. Affidavit 
 Of afiidavit witness, before Registrar or Examiner 
 
 , „ ,, notice to be given of . . 82 
 
 Of witness on trial by affidavit . . . . . . 88, 89 
 
 ,, ,, ,, form of notice of .. 
 
 ,, ,, with witnesses, disallowance of question on 
 
 84, 89 
 
 189 
 70 
 
 CUEEENCY. 
 
 Of original writ 
 Of renewed writ 
 
 CUSTODY. 
 
 Of docnnjents deposited in Court 
 Of subject-matter of litigation 
 
 DAMAGES. 
 
 Allegation of, need not be specifically dealt with 
 Assessment of, in respect of continuing cause of action 
 „ writ of inquiry for 
 
 ,, 11 form of 
 
 ,, form of prsBcipe for 
 
 No denial or defence necessary as to . . 
 
 11 
 11 
 
 3, 4 
 105 
 
 40 
 77 
 76 
 237 
 221 
 43 
 
864 
 
 DATE. 
 
 Of filing to be marked on pleadings or proceedings . . , . 140 
 
 Of judgment order or certificate to be entered in Canse Booh . . 140 
 
 Of service of writ, to be indorsed . . . . . . . . 14 
 
 Of -writs . . . . . . . . . . . . . . 6 
 
 Of year by which action distinguished . . . . . . . . 9 
 
 „ ,, „ to be marked on all documents 140 
 
 DEATH. 
 
 Change of parties by. See Parties . . . . . . 33—35 
 
 DEBTS. 
 
 Interest on . . . . . . . . . , 135, 136 
 
 List of debts allowed, form of . . . . . . , . 273 
 
 Proof of. See Cbeditobs. 
 
 DEBTOES' ACT, 1869. 
 
 Order for commitment under, date and duration of , . 99, 100 
 
 DBCLAEATION (Statutory). 
 
 Included in " oath " . . . . . . . , . . 167 
 
 DECLAEATOEY OEDEE. 
 
 May be made without consequential relief . . . . . . 47 
 
 DECEBE. See Judgment. 
 
 Included in "judgment" .. .. .. .. .. 167 
 
 DEED. 
 
 Affidavit verifying engrossment of, form of . . . . . . 278 
 
 DEFAULT. 
 
 Of appearance. See Appeabanoe . . . . . . . . 19 
 
 Of pleading. See Pleadino . . . . . . 49, 60 
 
 Judgment by, may be set aside . . . . . . . . 50 
 
 DEFECTIVE. 
 
 Cause not to become, by assignment, creation, or devolution of 
 
 eataXe, pendente lite .. ., .. ., ..33 
 
366 
 
 PAGE 
 
 DEFENCE. See Pleading. ., ., .. 43—45 
 
 Amendment of. See Amendment . . . . . . . . 50 
 
 Confession of. See Confession . . . . . . . . 47 
 
 Costa occasioned by improper denial or uoQ-admissiou of facts . . 44 
 
 Damages to be deemed to be put in issue . . . . . . 43 
 
 Default in deliTery of . . . . . . . . . . 49 
 
 Delivery of, time for where statement of claim delivered . . . . 44 
 
 „ „ where statement of claim not received nor required 44 
 
 Distinct defences to be separately stated . . . . . 43 
 
 Forms of.. .. .. .. .. .. 37,206-213 
 
 Further . . . . . . . . . . . . . . 46 
 
 Ground of defence arising pendente lite . . . . . 46 
 
 Specific denial necessary of right to claim in representative capacity 
 
 or alleged constitution of partnership firm . . . . . . 43 
 
 Striking out, for non-compliance with order for discovery . . 57, 58 
 
 Title of, where counterclaim against plaintiff and other persons . . 41 
 
 Withdrawal of . . . . . . . . . . . . 48 
 
 DEFENDANT. See Parties. 
 
 Definition of in Orders and Rules . . . . . . . . 166 
 
 DELAY. 
 
 In prosecution of proceedings under order . . . . . . 6S 
 
 DELIVERY. 
 
 Of pleadings . . . . . . . . . . . . . . 38 
 
 Writ of— 
 
 Enforcement of judgment for recovery of property, other than 
 
 land or money, by . . . . . . . . . . 95 
 
 Execution may be ordered to issue without giving defendant 
 
 option of retaining property at valuation . . . . 105 
 
 Form of . . . . . . . . . . 105, 232 
 
 Form of praecipe for . . . . . . . . . . 220 
 
 Separate writ for costs . . . . . . . . . . 105 
 
 DEMUEEEE. 
 
 None allowed . . . . . • . . • • . . 47 
 
 Proceedings in lieu of. See Pleading . . . . . . 47 
 
 DENML. 
 
 Allegations of fact, of, not to be evasive . . . . . . 40 
 
 Contract, promise, or agreement . . . . . . . . 40 
 
 (Jronnds of claim or defence not to be general . . . . . . 40 
 
356 
 
 DEPOSIT. 
 
 Of documents at Chancery office . . . . . . . . 141 
 
 DEPOSITIONS, 
 
 Before Eegistrar or Examiner. See Evidence. 
 
 Copies of. Hee Copies . . . . . . . . . . 159 
 
 Piled for use at trial, to be printed unless previously used 158, 159 
 
 Formal parts of, firm of . . . . . . . . . . 242 
 
 Made before issue joined not receivable at trial without notice .. 81 
 
 Taken in other Courts not to be read without order . . . . 77 
 
 DETENTION. 
 
 Of property, interlocutory order as to . . . . . . . . 106 
 
 „ „ application for, to be on notice . . . . 106 
 
 DIEECTIONS. 
 
 Of Court, to be entered by Registrar . . . . . . . . 71 
 
 DISABILITY. See Infant. Lunatic, Unsound Mind (Pek- 
 
 SON OPj. 
 
 DISCLOSUEE. 
 
 Of names of partners . . . . . , . . 10 23 
 
 Solicitor, by, whether writ issued by his authority . . . . 10 
 
 DISCONTINUANCE. 
 
 
 By plaintiff without leave 
 
 .. 48 
 
 i> ,1 costs on. 
 
 48, 49 
 
 >> „ no defence to subsequent action . . 
 
 .. 48 
 
 By order of Court . . 
 
 .. 48 
 
 Effect of, on counter claim . . 
 
 .. 45 
 
 Judgment for defendant's costs on, form of 
 
 .. 216 
 
 Notice of, form of . . 
 
 .. 189 
 
 DISCOVEEY. 
 
 Documents, of. See Dootjments . . . . . . 55 gO 
 
 Execution, in aid of. /See Execution . . .. .. ., lOl 
 
 Interrogatories, by. See Intekrogaiories . . . . 53 60 
 
367 
 
 DISMISSAL. 
 
 Of action — 
 
 Default in delivery of statement of claim, on . . . . 49 
 
 Effect of, on counter claim . . . . . . . . 45 
 
 Non-compliance ydth order for discovery or inspection 57, 58 
 
 Pleading frivolous or vexations, where . . . . . . 47 
 
 Point of law, on . . . . . . . . . . 47 
 
 Want of prosecution, for, form of order for . . . . . . 246 
 
 ,, ,, where plaintiff fails to give notice of trial 68 
 
 Of summons, form of order for . . . . ... . . 254 
 
 DISTEICTS. 
 
 Division of County Palatine into 
 
 Matters to be transacted in several 
 
 Name of, to be marked at top of writ of summons 
 
 Writ of summons may be issued out of any Registry 
 
 2 
 
 2, 3 
 
 8 
 
 DOCUMENTS. 
 
 Affidavit of . . . . . . . . . . . . 55 
 
 form of. . .. .. .. .. 55,182 
 
 , , form of order for . . . . . . . . 247 
 
 , , in action by or against Sheriff . . . . . . 60 
 
 Chambers, fottn of orders for discovery in . . . . . . 128 
 
 , , for use of Registrar on proceedings in . . . . 126 
 
 Costs occasioned by notice to admit or produce unnecessary 
 
 documents 
 Costs of proving, when notice to admit not given 
 
 „ when refusal to admit unreasonable 
 
 Deposit of, in chambers 
 Discovery of 
 
 ,, may be obtained by leave of Court 
 
 „ mode of obtaining in action by or against Sheriff 
 
 Effect of, to be stated briefly in pleading 
 I'iling, in Chancery Office 
 
 „ order for, need not be drawn up 
 Inspection of, costs of 
 
 „ in chambers . . 
 
 „ notice to be given of time for 
 
 form of 
 
 .. 62 
 .. 60 
 .. 60 
 127, 141 
 
 65—60 
 .. 55 
 .. 60 
 .. 40 
 .. 53 
 114, 115 
 .. 323 
 127, 128 
 .. 56 
 
 57, 183 
 
368 
 
 DOCUMENTS.— ContmMed. 
 
 Inspection of, order for, how and when obtained 
 ,, ,, non-compliance with 
 
 „ ,, service on solicitor eofficient 
 
 ,, order upon lord of manor, for limited 
 
 , , where right depends on determination of question in 
 
 dispute 
 Marking of, with year, letter, and number 
 Notice to admit 
 
 „ form of 
 
 Notice to produce . . 
 
 „ form of . . 
 
 „ non-compliance with 
 
 ,, at trial 
 
 „ „ form of 
 
 Production of, in Chambers . . 
 
 „ may be ordered by Court 
 
 „ notice to produce, after . . 
 
 „ order for, form of 
 
 ,, „ non-compliance with 
 
 „ „ service on solicitor sufficient 
 
 ,, where documents referred to in pleading or affidavit. 
 
 „ where right depends on determination of question in 
 
 dispute . . . . . , . . . . 57 
 
 .. 
 
 67 
 
 57,58 
 
 
 68 
 
 -. 
 
 57 
 
 in 
 
 
 
 57 
 
 
 140 
 
 
 60 
 
 60 
 
 183 
 
 
 56 
 
 56, 
 
 183 
 
 
 66 
 
 
 61 
 
 61, 
 
 187 
 
 127, 
 
 128 
 
 . , 
 
 56 
 
 , . 
 
 66 
 
 
 248 
 
 57 
 
 ,58 
 
 
 58 
 
 t.. 
 
 56 
 
 DEA WING-UP. 
 
 Judgment or order. See Judsmkni ob Obdeh . . 
 Orders made by Registrar 
 
 DUTY. See Legacy Duty — Succession Duty. 
 
 91 
 139 
 
 EASTEE. See Holidays. 
 
 ELEGIT. 
 Writ of:— 
 Form of 
 
 Form of prsecipe for 
 Force and effect of 
 
 Included in term "writ of execution " 
 Indorsement of 
 Judgment creditor, by . . 
 Not to extend to goods . . 
 
 97, 227 
 97, 218 
 101 
 96 
 102 
 98 
 101 
 
EMBAEEASSING. 
 
 Matter in pleading may be Btrook ont or amended 
 
 41 
 
 ENDOESEMENT, See Indohsement. 
 
 ENGINEER. 
 
 Court may obtain assistance of 
 AJlowance in respect of fees to 
 
 77 
 324 
 
 ENGEOSSMENT. 
 
 Affidavit Terilying, form of. 
 
 139, 278 
 
 ENLAEGEMENT. 
 Of time. See Timb. 
 
 ENEOLMENT. 
 
 Of judgment or order not neoeasary 
 
 140 
 
 ENTEY. 
 
 Action for trial, of. See Tbial — Jcey . . . . . . 69 
 
 >, ,, form of praecipe for . . . . , . 223 
 Appearance of. See Appeabanoe. 
 
 Argument generally, for, form of memorandum for . . . . 223 
 
 Judgment or order of. .See Judgment or Oedee, (Deawing up 
 
 AND Enteeing) . , . . . . . . . . 94 
 
 Land, on, may be authorised for purpose of detention, preservation, 
 
 or inspection of property . . . . . . . . 106 
 
 Special case, of, form of memorandum for . . . . . . 224 
 
 ERASUEES. 
 
 Authentification of alterations in affidavit in case of 
 
 86 
 
 EEEOES. 
 
 In judgments or orders, correction of . . 
 In prooeedings, amendment of 
 
 52 
 62 
 
360 
 
 EVIDENCE. 
 
 Affidavit, by. See Atfidavit. 
 
 Allowances in respect of . . . . . . . . . . 321 
 
 Assessment of damages, on, generally to be viva, voce in open Court 77 
 After trial, to be taken in same manner as at trial . . . . 81 
 
 81 
 58 
 62 
 87 
 
 ,, special directions as to 
 
 Answers to interrogatories, use of as . . 
 Books of account may be directed to be prima facie 
 Chambers, in 
 
 „ examination of parties or witnesses . . .. 127,128 
 
 Cross examination of affidavit witness. See Cnoss examination 88 — 90 
 
 Directions as to, on taking accounts . . . . . . , , 62 
 
 Infants, in proceedings relating to . . . . . . . . 142 
 
 Motion, petition or summons, on, may be by affidavit . . . . 84 
 
 Notice to be given of examination or cross-examination . . . . 82 
 
 Notice to produce documents, of service of . . . . . . 61 
 
 Perpetuating testimony . . . . . . . . 83, 84 
 
 Practice as to examination of witnesses at trial applicable at any stage 81 
 Begistrar or special examiner, before — 
 
 Attendance of witness at instance of paiiiy . . . . . . 81 
 
 Commission to take, form of order for . . . . 78, 261, 252 
 
 „ „ form of writ of . . . . 78, 238 
 
 Conduct money and expenses . . . . . . . . 79 
 
 Depositions to be taken down in writing . . . . . . 79 
 
 „ to be filed in Chancery Office . . . . . . 77 
 
 ,, when admissible at trial .. .. ..81 
 
 Mode of examination . . . . . . . . , . 79 
 
 Order for attendance for examination . . . . . . 78 
 
 „ „ „ form of . . . 251 
 
 „ ,, to produce documents . . . . 78 
 
 „ ,, person disobeying guilty of contempt .. 78 
 
 Papers to be furnished to examiner . . . . . . 79 
 
 Practice with respect to taking . . . . . . . . 81 
 
 Power to administer oaths . . . , . . . . 81 
 
 Questions objected to . . . . . . , . 79, 80 
 
 EefuEal to attend or be sworn or answer lawful question , . 80 
 
 ,, costs occasioned by .. .. .. ..80 
 
 Special report . . . . . . . . . . . . 80 
 
 Summary applications for determination of question or admiiiistra- 
 
 tion, on . . . . . . . . . . . . 121 
 
 Taken at trial may be used in subsequent proceedings . . , . 82 
 
 Taken in otjier causes or matters, reading of . . . . . . 78 
 
361 
 
 EVIDENCE.— fojit/Hiwrf. 
 
 Trial, at, generally to be viva voce in open Court 
 
 Affidavits or depositions filed or made before issue joined not 
 
 receiyable without notice 
 Depositions when admissible 
 
 Depositions in other Courts not to be read without order 
 Judgment or order in other Com-t may be read without order 
 Viva voce, to be generally 
 Written admissions of, to be filed before passing of judgment or order 
 
 77 
 
 81 
 81 
 77 
 77 
 77 
 140 
 
 EXAMINATION. 
 
 OfwitnesBes. See Evidence. 
 
 Cboss-Examination 
 
 77—90 
 
 EXAMINEE. See E^•IDENCE. Ceoss-Examination. 78—82, 89, 90 
 
 EXECUTION. 
 
 Against beneficed clerk 
 Against third part; in default 
 Against partners 
 
 By or against persons not parties 
 Discovery in aid of . . 
 
 ,, ,, costs of . . 
 
 Enforcement of judgment for payment of money 
 
 ,, for payment of money into Court 
 
 ,, for delivery of possession of land 
 
 „ for recovery of other property . . 
 
 ,, requiring person to do or abstain from act 
 
 of order in same manner as judgment 
 of order under Debtors' Act, 18ti9 . . 
 of mandatory order, injunction, or specific performance 
 of conditional judgment or order by leave . . 
 " Issuing execution against any party," meaning of 
 Non-compliance with condition on which order obtained, effect of 
 One writ or separate writs for money and costs . . 
 Payment of money or delivery of property to be made on service 
 
 order without demand 
 Poundage, fees, and expenses may be levied 
 Saving of existing modes of 
 
 Stay of, on ground of facts arisen too late to be pleaJi;d . , 
 Time for issuing . . 
 Y 
 
 of 
 
 102 
 
 31 
 
 96 
 
 100 
 
 101 
 
 101 
 
 95 
 
 95 
 
 95 
 
 95 
 
 95 
 
 99 
 
 99 
 
 100 
 
 96 
 
 96 
 
 95 
 
 98 
 
 95 
 
 97 
 
 100 
 
 100 
 
 98 
 
862 
 
 EXECUTION.— aoMttniwd. 
 
 
 
 Time -within which execution may issue — 
 
 
 
 As between original parties within six years 
 
 
 .. 99 
 
 By leaye after six years or change of parties . . 
 
 
 .. 99 
 
 Writ of, date of . . 
 
 
 .. 97 
 
 „ duration of 
 
 
 .. 98 
 
 „ forms of ., 
 
 . 97, 
 
 225—236 
 
 , , indorsement of 
 
 
 97, 98 
 
 ,, meaning of terms 
 
 
 .. 96 
 
 „ not to be issued without production to Begistrar 
 
 of order . . 97 
 
 , , not to be issued without praecipe 
 
 . 
 
 .. 97 
 
 „ prsecipe for, contents of 
 
 
 .. 97 
 
 ,, ,, forms of 
 
 . 97, 
 
 217—223 
 
 ,, renewal of.. 
 
 
 .. 98 
 
 ,, effect of . . 
 
 
 .. 99 
 
 „ „ eyidence of 
 
 . 
 
 .. 99 
 
 „ „ form of notice of . . 
 
 , 
 
 .. 190 
 
 EXECUTOES. 
 
 Appearance of, in Court or Chambers on claims against estate . . 29 
 Entitled to administration may have judgment or order against any 
 
 one legatee or next of kin . . . . . . . . . . 28 
 
 Joinder of claims by or against . . . . , . . . 36 
 
 Powers and discretion of, not interfered with by summary application 
 
 for determination of question without administration . . . . 121 
 
 To represent estate . . . . . . . . . . . . 22 
 
 Where none. Court may appoint representative ad litem .. . , 29 
 
 EXHIBITS. 
 
 Certificates on, to be marked with short title of cause 
 Documents refen-ed to in affidavits to be made . . 
 
 88 
 88 
 
 EX PAETE APPLICATION. 
 
 Affidavits on, to be made before . . . . . . . . 87 
 
 Affidavit of service may be made any time before order passed and 
 
 entered . . . . . . . . . . . . . . 87 
 
 Cases in which orders may be made on . . . . . . 118 
 
 For injunction . . . . . . . . . . . . 106 
 
 EXPEEIMENTS. 
 
 May be authorised by Court 
 
 106 
 
868 
 
 EXTENSION. 
 
 Of time. See Time. 
 
 FACT. 
 
 Findings of, to be entered by Registrars 
 Questions of. See Issues of Fact. 
 
 .. 71 
 
 FALSE SWEAEING. 
 
 Before Registrar, liability to penalties for 
 
 127 
 
 FEES. See Court Fees — Costs. 
 
 FEME COVEET. See Married Woman. 
 
 FIEEI FACIAS (writ of). See Execution. 
 Force and effect of . . 
 Form of . . 
 
 Included in terms " writ of execntion " 
 Indorsement of 
 Praecipe for, form of 
 Time for suing oat . . 
 
 .. 101 
 97, 225—227 
 .. 96 
 .. 102 
 97, 217 
 .. 98 
 
 FIEEI FACIAS DE BONIS ECCLESIASTICIS (writ of). 
 
 Against beneficed clerk, wbere no goods or lay fee in bailiwick . . 102 
 Execution of . . . . . . . . • . • • 102 
 
 Forms of . . 
 
 Indorsement of 
 
 Mode of issue and execution of 
 
 Praecipe for, form of 
 
 FILING. 
 
 Admissions of eyidence, of . . 
 Affidavits of 
 
 Authority of next ftiend or relator 
 Award of . . 
 
 Date of, to be marked on proceedings 
 DepositionB, of 
 Documents filed not to be taken out of Chancery Office 
 Documents, of, order for need not be drawn up . . 
 y2 
 
 97, 230, 
 
 231 
 
 
 102 
 
 
 103 
 
 97, 
 
 219 
 
 140, 
 
 141 
 
 , , 
 
 86 
 
 , , 
 
 25 
 
 140, 
 
 141 
 
 , , 
 
 140 
 
 . , 
 
 80 
 
 
 141 
 
 114 
 
 115 
 
364 
 
 FILING. — Continued. 
 
 Indexes to be kept . . . . • . . ■ . . . . 140 
 
 Interrogatoriea, of affidavits in answer to . . . . .55 
 
 Petition, of . . . . . . . . . . 140, 141 
 
 Eeport or certificate, of . . . . . . . . . . 138 
 
 Service by . . . . . . . . . . . . 162 
 
 Submission to arbitration, of . . . . . . . . 140, 141 
 
 Time for delivery of documents for, to be entered . . . . 140 
 
 FINDINGS. 
 
 Of fact to be entered by Registrar . . . . . . . . 71 
 
 FIEM. See Paetnebs. 
 
 FOLIO, 
 
 To comprise seventy-two words . . . . . . 289, 323 
 
 FOEECLOSUEE. 
 
 Action for — 
 
 Form of indorsement on writ of summons . . . . . . 176 
 
 Form of statement of claim . . . . . . . . 195 
 
 Forms of defence . . . . . . . . 208, 209 
 
 FOEMS. See Table of Contents (Appendices.) 
 
 Included in Rules of Court . . . . . . . . . . 166 
 
 FEAUD. 
 
 Action for return of money obtained by, form of indorsement on 
 writ in . . . . . . . . . . . . . . 176 
 
 InteiTogatories may be delivered without leave where relief sought on 
 ground of . . . . . . . . . . . . 53 
 
 Ground of defence or reply, as, to be pleaded . . . . . , 39 
 
 Particulars of, to be stated in pleading, where relied on . . . . 38 
 
 FEAUDS (Statute of.); 
 
 To be pleaded .. .. .. .. .. ..39 
 
 FEAUDULENT INTENTION. 
 
 How pleaded . . . . . . . . . , . . 41 
 
 FEIVOLOUS. 
 
 Action or defence shewn by pleadings to be . . . . . . 47 
 
865 
 FUNDS IN COURT. See Payment into and out op Court. 
 
 FUETHEE CONSIDEEATION, 
 
 Setting down for . . 
 
 ,, notice of . . 
 
 „ form of notice of 
 
 Of matter originating in Chambers 
 
 „ „ form of summons for 
 
 .. 69 
 
 .. 69 
 
 69, 280 
 
 .. 138 
 
 .. 139 
 
 GOOD FEIDAY. See Holidays. 
 
 Not to be reckoned in computation of limited time if less than six days 149 
 
 GUARDIAN. 
 
 Of infant. See Infant. 
 
 GUARDIAN AD LITE]\I, See Infant. Unsound Mind (Per- 
 son OF). 
 Costs of, when Solicitor . , . . . . . . , 152 
 
 HEARING. See Trial. 
 
 HEIR-AT-LAW. 
 
 Court may appoint person to represent.. .. .. ..27 
 
 Not necessary party to proceedings for execution of trusts of will . . 29 
 
 Entitled to administration, need not serve co-heir . . . . 27 
 
 HOLIDAYS. 
 
 At Chancery Offices . . . . • • • • • ■ ^ 
 
 In Manchester district . . . . • • • • • • * 
 
 HUNDRED. 
 
 Service of writ of summons on inhabitants of . . . . ■ • 13 
 
 HUSBAND AND WIFE. 
 
 Joinder of claims by or against .. •• •• " ^^ 
 
 Service of writ of summons on 
 
 12 
 
366 
 
 ILLEGALITY. 
 
 Ab ground of defence or reply, to be 
 
 39 
 
 ILLITEEATE. 
 
 AffidaTit by 
 
 IMPEISONMENT. See Attaohmment.'' 
 
 INCOME. 
 
 Allowance oi pendente lite, where fund more than sufficient to answer 
 claims . . . . . . . . . . . . . . 107 
 
 INCONSISTENT. 
 
 Allegations of fact not to be made except by amendment 
 
 39 
 
 INDEMNITY. 
 
 Claim for against co-defendant 
 „ against third party 
 
 32 
 30 
 
 INDEX. 
 
 Of documents filed, to be kept 
 ,, „ to be accessible to public 
 
 140 
 140 
 
 INDOESEMENT. 
 
 Amendment of. See Amendment . . . . . . 41, 43, 50 
 
 Of address. See Addbess fob Service. Addkxss. 
 
 Of claim, ou writ of summons . . . . . . .-5,6 
 
 „ to be made before issue of writ .. .. .. 6 
 
 forms of.. .. .. .. .. 6,175—178 
 
 „ to show representative capacity . . . . . . 6 
 
 ,, for account . . . . . . . , . . 6 
 
 INFANT. 
 
 Actions by and against . . . . . . . . . . 24 
 
 Allegations of fact in pleadings not to be taken as admitted against 39 
 
367 
 
 INFANT.— Co««/;n„.,/. 
 
 Appeai'ance of, by guardian ad litem .. .. .. . . 24 
 
 " 'I II on hearing of petition, motion, 
 
 or summons . . . . . . . . . . .24 
 
 Application by plaintiff for assignment of guardian ad litem to 
 
 defendant . . . . . . . . . . . . 19 
 
 Applications concerning, when not to be heard by Kegistrar . . 119 
 
 Consent of, to procedure, how given . . . . , . . 25 
 
 Default of appearance by . . . . . . . . . . 19 
 
 Guardianship and maintenance of, application for . . . . 142 
 
 1. ,, ,, evidence on .. 142 
 
 Guardian ad litem, may defend by . . . . . . . . 24 
 
 „ how appointed . . . . . . 24, 25 
 
 „ affidavit for entry of appearance as, form of . . 175 
 
 ,, appointment, of, may be required by Eegistrar. . 143 
 
 Next friend, may sue by . . . . . . . . . . 24 
 
 „ written authority necessary before use of name as 22, 23, 25 
 
 Service of writ of summons, on . . . . . . . . 12 
 
 , , of notice of judgment, on . . . . . . . . 29 
 
 ,, of notice of application for assignment of guardian ad litem, 
 
 on .. .. .. .. .. ..19 
 
 Settlements on marriage, of, applications as to, not to be heard by 
 
 Kegistrar . . . . 119 
 
 ,, „ evidence on applications as to . . 142 
 „ „ proposals for, to be submitted to 
 
 Eegistrar . . . , . . 143 
 
 IN POEMA PAUPEEIS. S,'e Paupee. 
 
 INFOEMATION, 
 
 Suits formerly commenced by, now instituted by action . . . . 5 
 
 INFEINGEMENT. See Copyright— Patent— Trade Mark. 
 Higher scale applicable to costs of action to restrain . . 303 
 
 INHABITANTS. 
 
 Service of writ of summons, on . . • • • 1° 
 
368 
 
 INJUNCTION. 
 
 Action for, forms of indoraement on writ of summons 
 
 „ forms of statement of claim 
 
 „ forms of defence. . 
 
 „ special, costs to be taxed on higher scale 
 Application for, how and when to be made 
 
 ,, Ex parte. See Ex pakte Application 
 Breach of contract, against repetition of 
 Enforcement of . . 
 Order for, effect of . . 
 Writ of, not to be issued 
 Wrongful act, against repetition of 
 
 .. 177 
 202—204 
 212, 213 
 .. 303 
 .. 106 
 .. 106 
 .. 108 
 .. 100 
 .. 108 
 .. 108 
 .. 108 
 
 INJUEY TO PEOPEETY. 
 
 Higher scale applicable to costs of action to restrain 
 
 303 
 
 INQUIEIES. 
 
 Affidayit answering, form of . . . . . . . . . . 263 
 
 As to outstanding personal estate in order for general administration 63 
 
 Delay in prosecution of . . . . . . . . . . 63 
 
 Directions for, to be numbered . . . . . . . . 63 
 
 May be directed at any stage . . . . . . . . . . 62 
 
 May be directed on motion for judgment or new trial . . . . 91 
 
 Order for, form of . . . . . . . . . . 63, 281 
 
 INQUIEY (Weit op). 
 
 To assess damages, foim of . . 
 
 „ ,, form of praecipe for 
 
 237 
 221 
 
 INSPECTION. 
 
 Of documents. See Documents 
 Of property, interlocutory order as to 
 
 ,, by the Court 
 „ byajui7 
 
 application for to be on notice 
 
 106. 
 106 
 106 
 106 
 
 INTEEEST. 
 
 On debts carrying interest 
 
 „ not carrying interest 
 On legacies 
 
 .. 135 
 
 135, 136 
 
 .. 136 
 
369 
 
 INTEEIM. 
 
 Custody of subject matter of litigation 
 
 .. 105 
 
 INTEELINEATIONS. 
 
 Authentication of, in affidavits 
 
 86 
 
 INTEELOCUTOEY OEDEE. 
 
 Allowance of income or part of capital, where fund more than snffi 
 
 cient to answer claims 
 Detention, preservation , or inspection of property 
 
 ,, „ application for, to be on notice 
 
 Preservation or interim custody of subject matter of litigation 
 Sale of perishable goods 
 Sum in gross may be directed to be paid in lieu of taxed costs 
 
 107 
 106 
 106 
 105 
 105 
 153 
 
 INTEEPEETATIOX OF TEEMS. 
 
 In construction of Orders and Enles. See Terms 
 
 165—167 
 
 INTEEEOGATOEIES. 
 
 Answer to, to be by affidavit . . 
 
 ,, time for filing 
 
 , , form of . . 
 
 ,, exceptions not to be taken to 
 
 , , insufficiency of, how determined 
 
 ,, further, may be ordered 
 
 ,, omission to make. . 
 
 ,, order for, effect of non-compUauce with 
 
 ,, ,, service of, on solicitor sufficient 
 
 , , part of, may be used in evidence without putting in whole 
 
 ,, printing of 
 
 Costs of discovery by, to be secured by deposit . . 
 Costa of improper . . 
 Footnote to 
 Form of . . 
 Irrelevant . . 
 
 Leave of Court not necessary, in oases of fraud or breach of trust 
 necessary in other cases 
 matters to be considered on application for 
 form of order for 
 
 
 55 
 
 
 55 
 
 55, 
 
 181 
 
 
 55 
 
 
 55 
 
 
 55 
 
 
 55 
 
 57 
 
 58 
 
 
 58 
 
 
 58 
 
 
 55 
 
 58 
 
 59 
 
 ., 
 
 54 
 
 
 53 
 
 54, 
 
 181 
 
 53 
 
 , 54 
 
 
 53 
 
 
 53 
 
 
 54 
 
 
 247 
 
370 
 
 INTEEEOGATOEIES.— Comtm!(«(/. 
 ObjeotionB to answering, how taken 
 
 „ „ grounds of . . 
 
 Officer of corporation, company, or body, to, by leave of Court 
 Only one set of, without order 
 Setting aside, as unreasonable or vexatious 
 Striking out, as prolix, oppressive, or scandalous 
 Time for application to set aside or strike out . . 
 „ for delivery of 
 
 54 
 54 
 54 
 53 
 54 
 54 
 54 
 53 
 
 INVESTMENT. 
 
 Application for permanent, when not to be heard by Registrar . . 118 
 Of money paid into Court under Trustee Relief Act. See TRtrSTEB 
 Relief Act . . . . . . . . . . . . 148 
 
 lEELAND. 
 
 Service of writ of summons on person resident in . . 15, 16 
 
 lEEEGULAEITY. 
 
 Proceedings not void for . . . , . . . . . , 164 
 
 „ may be set aside for . . . . . . . . 164 
 
 lEEELEVANCY. 
 
 Disallowance of questions put in cross-examination for . . . . 70 
 
 Of interrogatories . . . . . . . . . . 53, 54 
 
 ISSUE. 
 
 Of writs. See Wmt. Whit of Summons. Concurrent Writ. 
 Joinder of. See Joinder of Issue. 
 
 issues. 
 
 Costs of, to follow event 
 
 Direction for trial of, on motion for judgment or new trial 
 
 I, ,1 on application for leave to issue execution 
 
 Motion for judgment after trial of 
 
 Of fact, direction for preparation of, where not sufficiently defined 
 „ trial of before Vice-Chancellor and jury. . 
 
 151 
 91 
 96 
 90 
 62 
 67 
 
 trial of different, by different modes . . . . 67, 68 
 
371 
 
 ISSVES.—Ctmtimted. 
 
 
 Of fact witiiout pleadings 
 
 .. 65 
 
 " „ form of 
 
 65, 187 
 
 1. „ entering for trial 
 
 .. 66 
 
 ■ 1 ,, judgment for agreed sum on finding of 
 
 .. 66 
 
 .^ „ execution on judgment 
 
 .. 66 
 
 » ,, recording of proceeding on trial of 
 
 .. 66 
 
 11 „ effect of judgment 
 
 .. 66 
 
 Of law. See Speciai, Case. 
 
 
 ■ ISSUING EXECUTION AGAINST ANY PAETY. 
 Meaning of, in Ordei-s and Rules 
 
 96 
 
 JOINDEE. 
 
 Of causes of action : — 
 
 Claims by trustee in bankruptcy . . 
 ,, by or against husband and wife 
 ,, by or against executor 
 Court may confine action to some of causes of action 
 
 „ order separate trials . . 
 Several causes of action may be joined in same action 
 
 35 
 35 
 36 
 36 
 35 
 35 
 
 JOINDEE OF ISSUE. 
 
 Close of pleadings on 
 By>eply or subsequent pleading 
 ,, ,, ,, effect of 
 
 ,, default of reply or subsequent pleading 
 
 46 
 40 
 40 
 49 
 
 ■JUDGMENT. See Judgment or Order. 
 
 At trial by Vice-Chancellor without a jury, form of 
 By default, against defendant 
 
 ,, against one of several defendants 
 
 ,, against other party to issue 
 
 ,, setting aside 
 
 Costs, for, on confession of defence, where ground of defence has 
 
 arisen pendente lite 
 
 ,, form of 
 
 Costs, for, on discontinuance or withdrawal 
 
 ,, II form of 
 
 Counter claim for balance in favour of defendant, on 
 
 215 
 49 
 49 
 50 
 50 
 
 47 
 216 
 
 48 
 216 
 
 45 
 
372 
 
 JUDGMENT.— Continned. 
 
 Date of . . . . . . . . . . . . ..93 
 
 For agreed sum on decision of special case . . . . . . 65 
 
 „ on finding of issues of fact without pleadings . . 66 
 
 form of .. 217 
 
 Forms of.. .. -. .. - .• 94,215-217 
 
 Includes decree . . . . . . . . . . . . 167 
 
 Motion for :—Se« Motion for Judgment. 
 
 Form of judgment on . . . . . . . . . . 216 
 
 Notice of, affidavit of service of, form of . . . . . . 191 
 
 ,, memorandum on .. .. .. .. .. 225 
 
 Setting aside, when obtained by default . . . . 50, 70 
 
 Where cause of action or defence frivolous or vexations . . . . 47 
 
 .JUDGMENT OE OEDER. Sm Judgment— Ordee. 
 
 Admissions, on . . . . . . . . . . 61 
 
 Ante-dating . . . . . . . . . . 93, 114 
 
 Clerical mistakes in, or errors arising from accidental slip or omission 52 
 
 Conditional, effect of non-compliance with condition . . . . 95 
 
 Consent of defendant to, how given . . . . . . . . 94 
 
 Date of .. .. .. .. .. .. 93,114 
 
 „ to be entered in cause book . . . . . . . . 140 
 
 Declaratory . . . . . . . . . . . . 47 
 
 Directions for accounts or inquiries to be numbered . . . . 68 
 
 Drawing-up and entering .. .. .. .. 91—94 
 
 ,, documents to be left with Registrar by party bespeaking 91 
 
 ,, time for bespeaking order and leaving documents . . 91 
 
 ,, default in bespeaking order or leaving documents .. 91 
 
 ,, delivering out draft . . . . . . . . 91 
 
 „ service of warrant fixing time for settling or passing . . 92 
 
 ,, failure to attend or produce documents . . . . 92 
 
 „ adjournment of appointment . . . . . . 93 
 
 „ settling and passing by Begistrar without appointment . . 93 
 
 ,, certificate by Begistrar as to special allowances . . 93 
 
 „ where order to be drawn up upon filing of affidavit or 
 
 production of document . . . . . . 93 
 
 ,, mode of passing . . .. .. .. ..94 
 
 ,, entering . . . . . . . . . . 94 
 
 ,, entering nurtc pro tone .. .. .. .. 115 
 
 ,, examination and initialling of entries . . . . 94 
 
878 
 
 JUDGMENT OE OEDER.— Contz(»(crf. 
 Enforcement of. See Execution. 
 Enrolment of, not necessary . . 
 General account, for, to contain inquiry as to outstanding personal 
 
 estate . . 
 Legacy and succession duty to be provided for on dealing with fund 
 
 in Court 
 Made in other Court may be read without order . . 
 Marking of, with year, letter, and number 
 Memorandum of consequence of disobedience to be indorsed on 
 
 order requiring act to be done 
 Notice of. See Notice 
 
 appearance by person served with 
 memorandum of service to be entered 
 memorandum to be indorsed on 
 service of 
 
 „ dispensing with, on proceediugs iu Chambers . . 
 substituted service of, on proceedings iu Chambers 
 Payment of money into and out of Court, for. See Payment into 
 
 AND OUT OF CoUET 
 
 Post dating . . . . . . . . . . 93 
 
 Time for doing act ordered, to be stated in 
 
 Written admissions of evidence read to be filed before passing of . . 
 
 140 
 
 63 
 
 146 
 
 77 
 
 140 
 
 93 
 . 28 
 
 28 
 . 29 
 29, 225 
 28, 29 
 . 126 
 . 126 
 
 114 
 
 93 
 
 140 
 
 JUDICIAL OPINION. Vf Lord 8t. Leonards' Act 
 
 116 
 
 JURISDICTION. 
 
 Not extended by Roles 
 Out of, hearing of actions by Vice-Chaucellor 
 service. See Sebvice 
 
 . . 167 
 .. 66 
 14—10 
 
 JUEY. See Trial. 
 
 Certificate of Eegistrar after trial with, form of 
 Inspection of property by . . 
 Trial before Vice-Chancellor and 
 Trial by, proceedings under statute relating to 
 Filing of record for trial . . 
 Entering and settuig down for trial 
 
 . . 188 
 . . 106 
 . . 67 
 71—77 
 .. 71 
 . . 71 
 
374 
 
 JUEY. — Continued. 
 
 Direction for special jury . . . . . . . . 71 
 
 Obtaining and serving order for common jury . . . . 71 
 
 Obtaining and serving order to summon special joi'y . . . . 72 
 
 Where directed by Court . . . . . . 72 
 
 Whflre not directed by Court . . . . . . 72 
 
 Summoning common jury in addition to special jury . . . . 72 
 
 Return of order and jury panel . . . . . . . . 72 
 
 Leaving order and jury panel with Registrar . . . . 72 
 
 Making up special jury from common jurymen . 72, 73 
 
 Motion for a view . . . . . . . . . . 73 
 
 Statement of place of view and distance thereof . . . . 73 
 
 Deposit, and scale of charges . . . . . . . . 73 
 
 Nominating and reducing special jury, and proceedings after 
 
 order for a view . . . . . . . . . . 74 
 
 Payment into Court in respect of damages . . . . . . 74 
 
 Costs of trial or inquiry . . . . . . . . . . 74 
 
 Record return and jury panel to be left with Begisti'ar . . 75 
 
 Calling and administering oath to jurors and witnesses . . 75 
 
 Usher to talie charge of jury . . . . . . . . 75 
 
 Indorsement, signature and filing of record by Registrar . . 75 
 
 Notice of motion for new trial . . . . , . . . 75 
 
 ,, ,, length of .. .. ..75 
 
 ,, ,, amendment of .. .. 75 
 
 New trial, grounds for granting . . . . . . . . 75 
 
 ,, as to part of matter or some of questions . . . . 75 
 
 „ on one of several questions . . . . . . 7C 
 
 Writ of inquiry of damages . . . . . . . . 76 
 
 filing of .. .. ..76 
 
 Notices of inquiry . . . . . . . . . . 76 
 
 Application to set aside verdict or inquisition . . . . 76 
 
 Subptenas ad testificandum or duces tecum .. .. 76 
 
 Forms same as those in use in High Court . . . . . . 76 
 
 Damages in respect of continuing cause of action . . . . 77 
 
 Conrt may obtain assistance of assessors, accountants, <Sio. . . 77 
 
 JUST ALLOWANCES. 
 
 On taking account, to be made without special direction 
 
 63 
 
 KNOWLEDGE, 
 How pleaded 
 
 41 
 
375 
 
 LANCASTEE (CHANCEEY OF) ACTS. See Coukt of 
 Chakceky of Lancaster Acts. 
 
 LAND. 
 
 Enforcement of judgment for delivery of possession of . . 95, 104 
 
 LANDS CLAUSES CONSOLIDATION ACT. 
 
 Applications for permanent investment under, not to be heiu-d by 
 Registrar . . . . . . . . . . . . 118 
 
 LAW. 
 
 Point of, raised by pleadings, how disposed of . . . , . . 47 
 
 Presumptions of, in favour of party pleading need not be pleaded . . 41 
 
 Questions of. See Special Case . . . . . . . . 64 
 
 LEGACIES. 
 
 Interest on . . . . . . ■ ■ . . . . 136 
 
 List of, remaining unpaid, form of . . . . . . . . 274 
 
 LEGACY DUTY. 
 
 Provision for payment of, in order dealing with fund in Court . . 146 
 
 LEGAL PEESONAL EEPEESENTATIVE. See Executor. 
 Practice where no . . . . . . . . . . . . 29 
 
 LEGATEE. 
 
 Entitled to administration need not serve other legatees . . . . 27 
 
 LIBERTY TO ATTEND. See Attending Proceedings. 
 
 LIEN. 
 
 Order for giving up property other than land upon payment into 
 
 Court of amount of . • ■ . • . • • • • 107 
 
 Set off for damages or costs notwithstanding Solicitor's . . . . 152 
 
 LIGHT. 
 
 Action for^obstruction of — 
 
 Form of indorsement on writ of summons . . .. ..177 
 
 Form of [statement of claim .. .. •• ..203 
 
 Forms of defence . . • • • • • • . . 213 
 
876 
 
 LIMITATIONS (STATUTE OF). 
 
 To be pleadeci . . . . . . . . . . . . 39 
 
 LIST. 
 
 Of annuities and arrears due, form of . . . . . . . . 274 
 
 Of apportionments among creditors or legatees, form of . . . . 275 
 
 Of debts allowed, form of . . . . . . . . . . 273 
 
 Of legacies remaining unpaid, form of . . . . . . 274 
 
 LIVEEPOOL DI8TEICT. 
 
 Matters to be transacted by Registrar of . . . . . . 2 
 
 Pee receipts for. Court fees in . . . . . . . 287 
 
 LOED ST. LEONAEDS' ACT. 
 
 " Judicial opinion,', " judicial advice," or " judicial direction " under 116 
 
 Title of proceedings under .. .. .. .. ..116 
 
 Fees on proceedings under . . . . . . . . . -. 325 
 
 LUNATIC. 
 
 Actions by or against . . . . . . . . . . 24 
 
 Allegations of fact iu pleadings not to be taken as admitted against . . 39 
 
 Consent of, to procedure, how given . . . . . . . . 25 
 
 May sue or defend by Committee . . . . . . . . 24 
 
 Not so found by inquisition. See Unsound Mind (Pebson or.) 
 
 Service of writ of summons on . . . . . . . . 13 
 
 MANAGEE. 
 
 Appointed by Court, included in " Receiver " . . . . . . 166 
 
 MANCHESTEE DISTEICT. 
 
 Holidays at Clianoery Office . . . . , . . . . . 4 
 
 Court fees in, fee receipt for. . . . . . . . . . 287 
 
 MANDATOEY OEDEE. 
 
 Enforcement of . . . . . . , . . . . . 100 
 
 MAEKING. 
 
 Of pleadings, with year letter and number . . . . . . 39 
 
 Of other documents in cause or matter . . . . . . 140 
 
 Of writ of summons with name of district . . . . . . 8 
 
.877 
 
 MAEEIAGE. 
 
 Change of patties by. See Pabiibs. . . . . 33—35 
 
 Of infants, settlements on. See Infant . . . . 142, 143 
 
 MAEEIED WOMAN. 
 
 Acknowledgments by. Registrar not to take . . ., 127 
 
 Actions by or against . . . . . . 24 
 
 Serrice of writ of summons on . . . . . . U 
 
 MATTEE. 
 
 Includes every proceeding in Court not in a cause . . . . 166 
 
 Where no proceeding for one year in, month's notice to be given of 
 
 intention to proceed . . . . . . . . . . 150 
 
 MEMOEANDUM. 
 
 Of appearance. See Appeabancb . . . . . . . . 17 
 
 Of consequences of non-compliance to be indorsed on copy of order 
 
 requiring person to do an act . , . . . . . . 93 
 
 Of entry for argument generally, form of . . . . . . 223 
 
 Of entry of special case for argument . . . . . . . . 65 
 
 „ „ „ form of . . 65, 224 
 
 Of notice of judgment, form of . . . . 325 
 For renewed writ. See Renewed Weii. 
 
 Of service, to be entered by Registrar . . . . . . 3 
 
 , , of notice of judgment, form of prsBcipe for . . . . 224 
 
 MEECHANTS. 
 
 Court may obtain assistance of . . . . . . 77 
 
 Allowance in respect of fees to ■ ■ . ■ . . 324 
 
 MESSENGEE. 
 
 Definition of, in Orders and Rules . . . . . . 165 
 
 MIND, CONDITION OF. 
 
 How to be pleaded . . . . . . . . . . 41 
 
 MISJOINDEE. 
 
 Of causes of action - . • • • • • • . . 36 
 
 Of parties. Hee Parties • • • • . . 21 
 
 Action not to be defeated by . . . . . . 22 
 
 z 
 
878 
 
 MISEEPEESENTATION. 
 
 Action for, in prospectus, form of statement of olsiim . . . . 205 
 
 Particulars of, to be stated in pleading where relied on . . . . 38 
 
 MISTAKES. See Errors. 
 
 MODE OF TEIAL. See Trial. 
 
 MONEY IN COUET. See Payment into and out op Court. 
 
 MONTHS. 
 
 Time limited by, to be computed by calendar moutbg . , . . 149 
 
 MOTION 112-117 
 
 Abandoned, costs of . . . . . . . . . . 157 
 
 Adjoummout of hearing of . . . . . . . . . . 114 
 
 ,, ,, where necessary party not serred . . 113 
 Administration for. See Summabt Application. 
 
 Application made to Court to be by . . . . . . . . 112 
 
 Determination of question without administration, for. See Suuuabt 
 
 Application. 
 
 Dismissal of . . . . . . . . . . ... 118 
 
 Evidence on, by affidavit . . . . . . . . . . 84 
 
 Ex parte, in what cases allowed . . . . . . . . 113 
 
 Notice of, affidavit of service of, form of . . . , . . 190 
 
 ,, Chancery of Lancaster Acts, title of under . . . . 117 
 
 ,, form of . . . . . . . . . . . . 188 
 
 ,, generally to be given .. .. .. ..113 
 
 ,, grounds of application to be stated in, in certain cases . . 113 
 
 „ length of.. .. .. .. .. ..113 
 
 „ .marking of, with name of district, when not in a cauee . . 116 
 
 „ originating, definition of in Orders and Eules . . . . 166 
 
 form of . . , . . , 122, 279 
 
 .. » service of . . . . . . , . 122 
 
 ,, pauper, by, to be signed by Solicitor . . . . . . 26 
 
 „ service of . . . . . . . . . . 114 
 
 ti I, with writ or before time for appearance . . 114 
 
 MOTION FOE JUDGMENT. 
 
 Accounts or inquiries may be directed on . . . . . . 91 
 
 Admissions, on . . . . . . . . . . . . 61 
 
879 
 
 MOTION FOE JUDGMENT.— Cowfrnw^rf. 
 Default in delivering defence, on 
 Issues may be directed on . 
 Judgment when obtained by . 
 Judgment on, fonu of 
 Powers of Court on . . 
 Setting down after determination of issues 
 
 some of issues 
 
 time for 
 
 MOTION FOE NEW TEIAL. See New Trial. 
 
 yE EXEAT REGNO. 
 
 Time for famishing copies of affidavits on applications fcr writ of 
 
 49 
 91 
 90 
 216 
 91 
 90 
 90 
 90 
 
 160 
 
 NEW TEIAL. See Jury, (Trial by.) 
 
 
 Application for — 
 
 
 Accounts or inquiries may be directed on . . 
 
 . . 91 
 
 Issues may be directed on 
 
 .. 91 
 
 Notice of motion, by . . 
 
 .. 75 
 
 „ „ amendment of 
 
 . . 75 
 
 „ ,, length of 
 
 . . 75 
 
 Powers of Court on 
 
 .. 91 
 
 Gromids for granting 
 
 . . 75 
 
 NEXT FEIEND. See Infant — Unsound Mind (Person ofJ. 
 Written authority necessary before use of name as . . 22, 23, 2.t 
 
 NEXT OF KIN. 
 
 Court may appoint person to represent . . 
 
 Entitled to administration need not serve other next of kin 
 
 27 
 27 
 
 NON-COMPLIANCE. 
 
 With Boles, effect of 
 
 164 
 
 NOTICE. 
 
 Appearance of. See Appeabance . . . . . . . . 17 
 
 By advertisement in lien of service . . . . . . . 126 
 
 Case of other party, to admit.. .. .. .. ..60 
 
 Claimants not creditors, to. See Eegisibab (Pboceedings in 
 
 Ohaiibbbs) . . ■ • • ■ • • • • 135 
 
 z 2 
 
880 
 
 NOTICE .—Continued. 
 
 Creditors, to. See Cbeditobs 
 
 Cross-examination of deponents at trial, form of . . . . . . 189 
 
 Discontinuance, of, form of , , . . . . . . . . 189 
 
 Documents, to admit. See Documents . . . . . . 60 
 
 „ to produce. See Documents . . . . . . 61 
 
 Facts, to admit . . . . . . . . . . 60, 61 
 
 „ ,, form of .. .. .. .. 61, 185 
 
 How pleaded . . . . . . . . . . . . 41 
 
 In lieu of service of writ of summons . . . . . . . . 12 
 
 „ „ of documents and proceedings . . .. .. 163 
 
 Intention to proceed, of, where no proceeding for one year . . 150 
 
 Judgment of, form of affidavit of service of . . . . . . 191 
 
 ,, form of precipe for memorandum of service of . . 224 
 Judgment or order, of— 
 
 Court may direct any person to be served with . . . . 28 
 
 Person served with, bound by order . . . . . . 28 
 
 Application by person served with, to vary order . . . . 28 
 
 Liberty for person served with, to attend proceedings . . 28 
 
 Memorandum of service of, to be entered . . . . . . 29 
 
 To be entitled in the action . . . . . . . . 29 
 
 Memorandum, to be indorsed on . . . . . . . . 29 
 
 I, „ form of .. .. .. 225 
 
 Registrar may dispense witli service or direct substituted 
 
 service of . . . . . . . . , . . . 126 
 
 Service of, on infant or person of unsound mind . . . . 29 
 
 Motion, of. See Motion. 
 
 Renewal of writ of execution, form of . . . . , . . . 190 
 
 Service of, generally. See Service. 
 
 Trial, of. See Tsui, . . . . . , 68, 69 
 
 Writ of summons, of. See Serviob. 
 
 » service of, out of jurisdiction . . 14 — 16 
 
 „ how to be given . . . . . . . . 16 
 
 » where defendant neither British subject nor in 
 
 British dominions . . . . . . 16 
 
 Writing, to be in . . . . . . . . . . . , 158 
 
 NUISANCE. 
 
 Action for, forms of indorsement on writ of summons 
 
 ,, forms of statement of claim 
 Higher scale applicable to costs of action to restrain 
 
 177 
 204 
 303 
 
881 
 
 XUXC PRO TUNC. 
 
 Entering judgment or order . . 
 
 OATH. 
 
 Includes solemn affirmation and statutory declaration 
 
 OATHS. 
 
 Administration of, to jurors and witnesses 
 May be administered by Registrar or examiner 
 Duties of Commissioners to administer 
 Scale of costs of . . 
 „ Court fees on 
 
 OBJECTIONS. 
 
 To answering interrogatories. See iNTKRKoaAiORiES 
 
 „ questions put in examination 
 
 To allowance or disallowance of costs . . 
 
 OBSEEVATION. 
 
 Court may authorise, to be made 
 
 115 
 
 167 
 
 75 
 
 81 
 
 85 
 
 320 
 
 293 
 
 54 
 
 80 
 
 156 
 
 106 
 
 OFFICE COPIES. See Copies. 
 
 Admissible in eyidence to same extent as originals 
 
 Affidavits, of, admissible 
 
 „ need not be taken where original can be used 
 ,, of documents need not be taken . . 
 ,, footnote to be copied on . . 
 
 Authenticated by seal of Chancery Office 
 
 Folios in, to be numbered 
 
 Marking copies of deposition affidavit or certificate as 
 
 Of documents filed, how soon to be made 
 
 Of pleadings, admissible in evidence . . 
 ,, parties not compelled to take 
 
 Paper for . . 
 
 Printing of, where original deposition or affidavit printed . 
 
 Production of, by party taking 
 
 Regulations as to . . 
 
 OFFICES. See Eegisteae (Proceedings in Chambers. 
 Holidays at 
 Office hours at 
 
 78 
 
 87 
 
 160 
 
 160 
 
 161 
 
 139 
 
 161 
 
 159 
 
 141 
 
 63, 78 
 
 63 
 
 161 
 
 159 
 
 160 
 
 159—161 
 
882 
 
 OPINION OF COUET. 
 
 Under Lord St. Leonards' Act 
 
 116 
 
 251, 
 
 OEDEE, See Judgment or Ordek. 
 Date of . . 
 
 Drawing up, in what cases unnecessary 
 Forms of . . 
 
 „ accounts and inquiries 
 
 , , affidavit as to documents 
 
 ,, amendment 
 
 „ arrest under Debtors' Acts . . 
 
 ,, charging order — nisi 
 
 ,, ,, absolute 
 
 „ „ Solicitors' costs 
 
 ,, delivery of interrogatories 
 
 „ discharging or varying on application by third party 
 
 „ ' dismissing for want of prosecution 
 
 „ dismissing summons 
 
 ,, examination of witnesses before trial . . 
 
 ,, general form 
 
 „ issue of commission to examine vritnesses 
 
 ,, issue of notice claiming contribution . . 
 
 ,, particulars (partnership) 
 „ (general) 
 
 ,, production of documents for inspection 
 
 „ renewal of writ 
 
 „ service out of jurisdiction 
 
 , , substituted service . . 
 
 ,, time 
 
 Made by Eegistrar. See Eegistbae (Proceedings in Chameebs.) 
 Motion for judgment or new trial, on. See Motion tos, Judgment- 
 New Trial. 
 Petition, on, not to be passed until filing of original petition 
 To make submission to arbitration or award an order of the Court 
 
 not to be passed until filing of submission or award 
 Service of. See Service. 
 
 OEDEES OF COUET. See Table op Contents. 
 Annulled by former orders not revived 
 Include rules 
 
 Kepeal of, enumerated in Schedule M 
 Court fees, as to 
 Solicitors' costs, as to 
 
 .. 114 
 114, 115 
 243—254 
 .. 281 
 .. 247 
 .. 245 
 .. 250 
 .. 249 
 .. 250 
 .. 250 
 .. 247 
 
 246 
 254 
 251 
 244 
 252 
 249 
 245 
 246 
 248 
 249 
 248 
 248 
 245 
 
 140 
 
 140 
 
 . . 168 
 
 . . 167 
 
 1, 286 
 
 287—301, 327, 328 
 
 302-328 
 
ass 
 
 OEIGINATING NOTICE OF MOTION. 5.. Motion- '"' 
 SuMMAEY Applications. 
 
 OEIGINATING PETITION. See Petition— Summary Ap- 
 
 PLICATION. 
 
 OEIGINATING SUMMONS. See Summary Application- 
 Summons. 
 
 PAPEE. 
 
 For account copies and papers left at Chambers . . . . . . 158 
 
 For bills of costs . . . . . . . . . . . . 153 
 
 For printed proceedings . . . . . . , , , . X58 
 
 For written copies , . . . . . . . . . . . igx 
 
 PAPEES. 
 
 For the Yice-ChanceUor 
 For the Registrar or Examiner 
 „ ,, in Chambers 
 
 PAETICULAES. 
 
 In what cases to be stated in pleading. . 
 
 Forms of order for . . 
 
 Further and better . . 
 
 Time for pleading after delivery of 
 
 69, 70 
 ,. 79 
 .. 126 
 
 .. 38 
 
 245, 246 
 
 .. 38 
 
 .. 38 
 
 PAETIES 
 
 Adding or substituting 
 
 Amendment and serrice of statement of claim on 
 
 Application for, how made 
 
 Consent of person added as plaintiff or next &iend 
 
 Service of writ on new defendant . . 
 
 Of plaintiff, where bona fide mistake 
 Charge of — 
 
 When proceedings not to abate or become defective by 
 
 Practice in case of marriage, death, or bankruptcy, or devolution 
 of estate 
 
 Continuation of proceedings on devolution of estate . . 
 
 Order for carrying on proceedings on change or transmission of 
 interest, or liability, or birth of person interested . . 33, 34 
 
 Service of order for carrying on proceedings . . . . . . 34 
 
 Appearance by new party . . • ■ • • . . 84 
 
 20—35 
 21—23 
 . 23 
 . 23 
 22, 23 
 . 23 
 21 
 
 . 33 
 
 33 
 33 
 
384 
 
 'PABTIEB.— Continued. 
 Charge of — 
 
 Discharging order for carrying on proceedings . . . . 34 
 
 Failure to proceed by person entitled . . . . 34, 35 
 
 To be certified to Registrar and entered in cause book . . 35 
 
 Character of, \;here representative, to be indorsed on writ of 
 
 summons . , . . . . , . . . 6 
 
 ,, forms of indorsement on writ of summons .. .. 178 
 
 Court may appoint persons to represent heir, next of kin, or class . . 27 
 
 Court may direct notice of judgment to be given to any person . . 28 
 
 Court may require person to be made . . . . . . . . 28 
 
 Definition of, in Orders and Rules , . . . . . . . 166 
 
 Defendants, who may be joined as . . . . . , , , 21 
 
 „ where defendant not interested as to all relief prayed for. . 21 
 
 „ persons severally or jointly liable on contracts . . 21 
 
 „ where plaintiff in doubt as to person liable . . . . 22 
 
 Executor only to appear on claims against estate of deceased person . . 29 
 Heir-at-law not necessary party to proceedings for execution of trusts 
 
 of will .. .. .. .. .. .. ..29 
 
 In actions by residuary legatee or next of kin . . . . . . 27 
 
 by person interested in legacy charged on real estate . . 27 
 
 by residuaiy devisee or heir. . . . . . . . 27 
 
 by cestui que trust . . . . . . . . 27 
 
 for prevention of waste or protection for property . . 27 
 
 by executor, administrator, or trustee . . . . . . 28 
 
 Legal personal representative, practice where no . . . . . , 29 
 
 Misjoinder of . . . . . . . . . . 21, 22 
 
 Numerous, having same interest . . , . . . . , 22 
 
 Paupers, by. See Paupbb 
 
 Persons under disability, by. See iNrANT. Maebieb Woman. 
 
 Lunatic. Unbodnd Mind (Pebson op). 
 
 Plaintiff, who be joined as . . . . . . . . . . 20 
 
 „ costs where improperly joined . . . . . . 21 
 
 ,, substitution or addition of, where bond fide mistake . . 21 
 
 „ counter claim by defendant, where improper joinder of . . 21 
 
 Striking out . . . . . . . . . . 22, 23 
 
 „ application for, how made . . .. .. ..23 
 
 Third party procedure. See Third Party . . . . 30—32 
 
 Trustees and executors to represent cestui que trusts .. .. 22 
 
 PARTITION. 
 
 Aotion for, form of statement of claim , , 200 
 
886 
 
 PAETNEES. 
 
 Appearance by . . . . . . . . . . . . 18 
 
 Denial of alleged oonetitution of firm to be specific . . . . 43 
 
 Disclosure of names of, at accruing of cause of action . . . . 23 
 
 n form of order for . . . . . . 24J 
 
 Dieclosure on demand of names and residence of plaintiffs suing in 
 
 name of firm . . . . . . . . . . 10 
 
 „ proceedings may be stayed on non-compUance . . 10 
 
 „ proceedings to continue in name of firm after. . . . 10 
 
 Execution against . . . . . . . . . . . . 96 
 
 May sue or be sued in name of firm . . . . . . 23, 24 
 
 Service of writ of summons on . . . . . . . . 13 
 
 ,, where partnership dissolved to knowledge of plaintiff 
 
 before action . . . . . . . . 24 
 
 PAETNEESHIP. See Pabtners. 
 Action for dissolution of : — 
 
 Form of indorsement on writ of summona . 
 Form of statement of claim 
 
 176 
 194 
 
 PASSING. 
 
 Of judgment or order, 
 entering. 
 
 See JuDOMKNX oB Ordek, drawing up and 
 
 PATENT. 
 
 Action for infringement of — 
 
 Form of indorsement on writ of summons . . 
 Form of statement of claim 
 Form of defence 
 
 PAUPEE 
 
 Case to be laid before counsel 
 
 Case, opinion and afSdavit to bs produced on application 
 
 Costs payable to, to be taxed as in other cases . . 
 
 Court may assign counsel or solicitor . . 
 
 Giving fee, to be dispaupered 
 
 No fees to be taken from 
 
 Not liable to Court fees 
 
 Person not worth £5 may sue or defend as 
 
 Person taking fee guilty of contempt . . 
 
 Proceedings to be signed by Solicitor . . 
 
 Solicitor to see that no proceedings be taken without cause 
 
 . 177 
 . 202 
 . 212 
 
 25, 26 
 25 
 25 
 26 
 26 
 26 
 26 
 26 
 25 
 26 
 26 
 26 
 
886 
 
 PAYMENT. 
 
 As ground of defence or reply, to be pleaded , . . . . . 39 
 
 Of money, enforcement of judgment for. See Execution . . 95 
 
 PAYMENT INTO AND OUT OP COUET. 
 
 Orders as to funds in Court — 
 
 Names of persons and titles of corporations, &c,, to be written 
 
 at length . . . . . . . . . . . . 146 
 
 Payment of legacy and succession duty to be provided for . . 146 
 Persons by or to whom money, &c., is directed to be paid must 
 
 be described by name . . . . . . . . . . 145 
 
 Time for making periodical payments to be specified at length. . 146 
 Payment into Court — 
 
 By receiver on account of balance . . . . . . 108 
 
 Of amount in dispute on interlocutory application .. 105,107 
 
 Of amount of lien claimed where title to property other than 
 
 land not disputed . . . . . . . . . . 107 
 
 Of amount standing to " security for costs account " when cause 
 
 disposed of . . . . . . . . . . . . 59 
 
 Of deposit, on sale by Court .. .. .. ..112 
 
 Of money in hands of executor or trustee, application by petition 
 
 or motion for, without administration . . . . . . 119 
 
 Under Trustee Relief Act. See Trustee Relief Act 147 — 149 
 
 Under sec. 13 of Chancery of Lancaster Act, 1854, in Preston 
 
 district , , . . . . . . . . . . 144 
 
 Where damages awarded . . . . . . . . 74 
 
 Payment out of Court — 
 
 Affidavit by person claiming money paid in under Acts of Par- 
 liament directing purchase money to be paid into Court . . 115 
 Allowance of income or part of capital pendente lite . . . . 107 
 
 Applications for, when not to be heard by Registrar — 
 
 Of fund exceeding £500 standing to separate account . . 118 
 
 Of dividends on securities standing to general credit . . .. 118 
 
 Under Trustee Relief Acts where fund in Court exceeds £500 . . 118 
 AppKoations under Trustee Relief Acts. See Trustee Relief Act 148, 149 
 
 PENDENTE LITE. 
 
 Assignment, creation, or devolution of title .. .. ..33 
 
 Pleading matters arising . . . . . . . . . . 46 
 
 PEECENJAGES. See Court Fees. 
 
387 
 
 PEEFOEMANCE. 
 
 As ground of defence or reply, to be pleaded . . . . . . 39 
 
 Averment of, of conditionB precedent to be implied in pleading . . 39 
 
 PEEISHABLE GOODS. 
 
 Order for sale of, on interlocutory application . . . . . . 105 
 
 ,, ,, application for, to be on notice .. .. 106 
 
 PEEMANENT INVESTMENT. See Investment. 
 
 PEEPETUATING TESTIMONY. 
 
 Action for . . . . . . . . . . . . . . 83 
 
 ,, not to be set doira for trial . . . . . . . . 84 
 
 Attorney-General of Ducby to be made defendant where Crown 
 
 interested . . . . . . . . . . . . , 83 
 
 Witnesses not to be examined unless action commenced for the 
 
 purpose . . . . . . . . . . 84 
 
 PEESON. 
 
 Words importing indiTidual, to include bodies politic and corporate . . 167 
 
 PEESON OF UNSOUND MIND. See Unsound Mind (Per- 
 son OF.) 
 
 PEESONAL SEEVICE. 
 Of writ of summons 
 
 See Seevioe. 
 
 PETITION. See Summary Applications. 
 Administration, for. See Sumiiaky Applications 
 Advice, for, under Lord St. Leonards' kat 
 
 „ „ >. II title of 
 
 ,, ,, ,, .1 service of 
 
 Answering 
 Determination of question without administration, for. 
 
 MAEY Application 
 Evidence on, by afSdavit 
 Footnote as to persons to be served with 
 Marking of, with name of district 
 
 ,, with year, letter, and number 
 
 Original, to be filed before order passed 
 Originating, definition of, in Orders and Rules 
 
 „ form of 
 
 „ service of 
 
 See SoM 
 
 12 
 
 120 
 116 
 116 
 116 
 115 
 
 119 
 84 
 115 
 116 
 140 
 140 
 166 
 122, 278 
 .. 122 
 
388 
 
 PE TITION .—Continued. 
 
 Payment out of Court under Trustee Kelief Act, for. See Tbustee 
 Belief Act . . . . . . . . . . 148, 149 
 
 Rehearing, of. See Rehkabino 
 Service of . . 
 
 Time between service and hearing of . . 
 Title of, under Chancery of Lancaster Acts 
 
 PETITIONEE. 
 
 Definition of, in Orders and Rules 
 
 PLACE. 
 
 Of issue of writ of summons 
 Of trial . . 
 
 143, 144 
 .. 114 
 .. 115 
 .. 117 
 
 166 
 
 8 
 67 
 
 PLAINTIFF. See Parties. 
 Definition of, in Orders and Rules 
 
 16G 
 
 PLEADING. See Counter Claim. Defence. Reply. 
 Statement op Claim 
 
 Allegations of fact when to be taken as admitted . . . . 39 
 
 „ to be specifically dealt with . . . . . . 40 
 
 „ denial of, not to be evasive . . . . . . 40 
 
 Amended, pleading to . . . . . . . . . . 51 
 
 ,, time for delivery of . . . . . . . . 62 
 
 Amendment of. See Amendment . . . . . . 41, 50 
 
 Breach of trust, particulars to be given where relied on . . . . 38 
 
 Close of. See Close of Pleadino . . . . . . 46, 49 
 
 Condition of mind may be alleged as a fact without circumstances. . 41 
 
 Condition precedent to be specified, if performance intended to be 
 
 contested . . . . . . . . 39 
 
 ,, averment of performance of, to be implied . . 39 
 
 Contents and form of . . . . . . . . . . 87 
 
 Contract, promise, or agreement, effect of bare denial of . . . . 40 
 
 Contract or relation implied from letters, &c. , how pleaded . . 41 
 
 Counsel, signature of . . . . . . . . . . 37 
 
 Date of fiUng to be marked on . . . . . . . . 140 
 
 Default of . . . . . . . . . . . . 49, 50 
 
 ,, of statement of claim by plaintiff . . . . . , 49 
 
 „ of defence by defendant . . . . . , . . 49 
 
 ,, „ by one of several defendants . . . . . . 49 
 
889 
 
 PAGE 
 
 'PliEADmG.— Continued. 
 
 Default of reply or subsequent pleading . . . . . . 49 
 
 ,, „ „ „ statements in last pleading to 
 
 be deemed put in issue . . . . . . . . 49 
 
 ,, by party to issue other than between plaintiff and defendant 50 
 
 „ j>;dgment on, may be set aside . . . . • . 50 
 
 Definition of, in Orders and Rules . . . . . . . . 167 
 
 Delivery of . . . . . . . . . . 38, 162 
 
 „ where no appearance or no address for service . . 162 
 
 Denial of allegations of fact not to be evasive . . . . . . 40 
 
 ,, of contract, promise, or agreement . . . . . . 40 
 
 Documents, effect of, to be stated briefly . . . . . . 40 
 
 Evidence not to be stated in . . . . . . . . . . 37 
 
 Facts relied on, to be stated . . . . ■ . . . . . 37 
 
 -Facts which law presumes in favour of pleader need not be pleaded 41 
 
 Filing, delivery by . . . . . . . . . . 38, 162 
 
 ,, of copy on delivery .. .. 52, 53 
 
 Fraud, particulars of, to be stated where relied on . . . . 38 
 
 „ to be pleaded, if relied on as defence . . . . . . 39 
 
 Fraudulent intention may be alleged as a fact without circumstances . . 41 
 
 Further and better statement or particulars may be ordered . . 38 
 Grounds of defence likely to take opposite party by surprise to be 
 
 pleaded . . . . . . . . . . . . 39 
 
 Inconsistent allegations of fact to be made by amendment only . . 39 
 
 Joinder of issue by reply or subsequent pleading . . . . 40 
 
 effect of . . . . . . . . . . 40 
 
 Knowledge may be alleged as a fact without circumstances . . 41 
 
 Marking of . . . . . . . . . . . . 39 
 
 Matters arising pendente Hfe. . .. .. .. ..46 
 
 Misrepresentation, particulars of, to be stated where relied on . . 38 
 
 New ground of claim not to be raised except by amendment . . 39 
 
 Not to be objected to on ground of want of form. . .. .. 41 
 
 Notice may be alleged as a fact . . . . . . . . 41 
 
 Particulars, when to be stated.. .. .. .. ..38 
 
 ,, further and better may be ordered . . . . . . 38 
 
 Payment, or performance as ground of defence to be pleaded . . 39 
 
 Printing and writing of . . . . . . . . . . 38 
 
 Proceedings in lieu of demurrer . . . . . . . . 47 
 
 Point of law may by consent or order be disposed of before 
 
 trial . . . . . . . . ■ • ■ • . . 47 
 
 Where decision of point of law disposes of cause of action, 
 
 defence, (fee. . . . . • • • • • ■ . . 47 
 
890 
 
 FIjE AJyjNG.— Continued. 
 
 Frivolous or vexatious pleadings . . . . . . . . 47 
 
 For declaratory judgment or order . . . . . . 47 
 
 Striking out wliere no reasonable cause of action or answer 
 
 shewn . . . , . . . . . . . . 47 
 
 Release as ground of defence to be pleaded . . . . . . 39 
 
 Service of . . . . . . . . . . . . . . 162 
 
 Striking out part of cause of complaint on terms . . . . 48 
 
 ,, unnecessary, scandalous or embarrassing matter .. 41 
 
 Subsequent to reply, none except joinder of issue without leave . , 45 
 
 ,, ,, time for delivery of . . . . . . 46 
 
 Time for, after delivery of particulars . . . . . . . . 38 
 
 Undue influence, particulars of, to be stated where relied on . . 88 
 
 Wilful default, particulars of, to be stated where relied on . . . . 38 
 
 POINT OF LAW. 
 
 Baised by pleading, how disposed of . . . . . . . . 47 
 
 POETIONS. 
 
 Action for raising — 
 
 Form of indorsement on writ of summons . . . . . . 176 
 
 Form of statement of claim . . . . . . . . 196 
 
 POSSESSION (WEIT OP.) 
 
 Enforcementof judgment for delivery of land by. . .. .. 95 
 
 Form of .. .. .. .. .. .. ..232 
 
 Form of prseoipe for . . . . . . . . . . 220 
 
 May be sued out on fiUng affidavit shewing service of order and 
 
 disobedience . . . . . . . . . . 104 
 
 POSTPONEMENT. 
 
 Of trial by the Vioe-OhanceUor . . . . . . . . 70 
 
 PEACTICB. 
 
 Adopted in Chancery Division to be followed, where no provision in 
 
 Eules .. .. .. .. .. .. 167, 168 
 
 PBMCIPE. 
 
 For subpoena . . . . . . . . . . . . 82 
 
 form of .. .. .. .. 82, 223 
 
 For writs of execution, contents of . . . . . . . . 97 
 
 forms of .. ..97, 217—228 
 
891 
 
 PEESEEVATION OF PEOPEETY. 
 
 Interlocutory order as to 
 
 PEESTON DISTEICT. 
 
 105—107 
 
 Payment into Court under Sec. 13 of Chancery of Lancaster Act, 
 
 1834.. 
 
 144 
 
 Matters to be transacted by Registrar 
 
 for 
 
 •• 
 
 2 
 
 FEINTING. 
 
 
 
 
 Affidavit, of 
 
 
 
 
 
 158 
 
 in answer to interrogatories, 
 
 of 
 
 
 
 
 55 
 
 Depositions, of 
 
 
 
 
 
 158 
 
 Expense of, directions of Court as to 
 
 
 
 
 
 161 
 
 Paper for . . 
 
 
 
 
 
 158 
 
 Pleadings, of 
 
 
 
 
 
 38 
 
 Regulations as to . . 
 
 
 
 
 159- 
 
 -161 
 
 Writs of summons, of 
 
 
 
 
 
 9 
 
 PEOCEDUEE. 
 
 Adopted in Chancery Division to be followed, where no provision in 
 Eules 167, 168 
 
 PEOCEEDINGS in LIEU of DEMUEEEE. See Pleading 47 
 
 PEODUCTION. 
 
 Of documents. See Documenis. 
 
 PEOLIXITY. 
 
 In pleadings may be inquired into by taxing oflSoer 
 
 „ costs occasioned by 
 
 In writs of summons 
 Striking out interrogatories on grounds of 
 
 KIOMISE. 
 
 Effect of bare denial of, in pleading . . 
 
 PEOMISSOEY NOTE. 
 Parties to action on 
 
 ,. mi 
 
 37, 38 
 
 5 
 
 ,. 54 
 
 40 
 
 21, 22 
 
 108 
 
 PEOPEETY. 
 
 Management of, by receiver . . •• •■ •• ,._,„. 
 
 Preservation or interim custody of, interlocutory orders as to 106-107 
 
 Detention, preservation or inspection of • • • • 106, 107 
 
892 
 
 TEOSECUTION. See DifSMissAL. 
 
 Order to dismiss for want of, form of . . . . . . . . 246 
 
 QUESTIONS. 
 
 Determination of, without administration. See SnMMiRY Apfli- 
 CATIONS .. .. .. .. .. 119,120 
 
 Of fact. See Issues, of fact. 
 
 Of law. See Special Case. Law . . . . . . 64, 65 
 
 REAL ESTATE. 
 
 Sale of. See Sale. 
 
 EECEIPTS. 
 
 For Court fees. See Cotjbt Fees . . . . . . 287 
 
 EECEIVEE 108- 
 
 -110 
 
 Accounts of, form of . . . . . . . . 109, 
 
 270 
 
 „ formof affidaTitveri^g.. .. .. 109, 
 
 276 
 
 „ leaving and passing 
 
 109 
 
 „ „ neglect in 
 
 109 
 
 „ payment into Court on account of balance of 
 
 108 
 
 Application for, how and when to be made 
 
 106 
 
 Consequences of default in leaving or passing account or making pay- 
 
 
 ment .. .. .. .. .. .. 109, 
 
 110 
 
 Definition of, in Orders and Bules 
 
 166 
 
 Management of landed estate by 
 
 108 
 
 Security to be given by 
 
 108 
 
 „ „ form of bond . . . . . . 108 
 
 276 
 
 EECOED. 
 
 Reference to on proceedings and documents . . . . . . 140 
 
 For Trial. See Jubt, trial by. 
 
 EECOVEEY. 
 
 Of property other than land or money, enforcement of order for . . 95 
 
 EECTIFICATION. 
 
 Of deed, action for 
 
 Form of indorsement on writ of summons . . . . 176 
 
 Form of statement of claim . . . . . . . . 199 
 
898 
 
 EEDEMPTION. 
 
 Action for, form of indorsement on writ of summons . . 176 
 
 Form of statement of claim . . 196 
 
 Form of defence . . . . 209 
 
 EE-EXAMINATION. 
 
 Of witness immediately to follow cross-examination . . . . 90 
 
 EEGISTEAE. 
 
 Appeals from, to be by motion . . . . . . 141, 113 
 
 Time for appealing . . . . 142 
 
 Applications to the Vice-Chancellor at the chambers of the. See 
 
 SuuMABT Applications . . . . . . . 117 — 121 
 
 Attendance of, at Assizes with record . . . . . . . . 141 
 
 Cnstody of documents by , . . . . . . . 3 
 
 Definition of, in Orders and Boles . . . . . . 165 
 
 Of each District to have a distinct seal . . . . . . 3 
 
 Powers and duties of . . . . B, 4, 117 —119, 126—129, 152 
 
 Proceedings in Chambers . , . . . . . . 122 — 141 
 
 Account. See Account. 
 Accountant. See Accountant. 
 
 Advertisement for creditors and claimants. See Adyebtiseuent 131 
 All matters requiring decision may be included iu same appli- 
 cation . . . . . . . . . . . . 124 
 
 Appointments of Registrar to be by warrant . . . . 123 
 
 form of . . 123, 255 
 
 „ „ „ ,, service of . . 123 
 ,, of time for consideration of matters not disposed of 124 
 
 ,, to consider judgment or order .. .. 125 
 
 Attendances in Chambers . . . . . . 130, 131 
 
 ,, ,, Solicitors' fees on .. .. 124 
 
 Bringing in judgment or order on reference to Registrar . . 124 
 
 Certificate of Registrar. See Cebtipicate — Report. 
 
 Claims by creditors. See Cbediiobs . . . . 131—135 
 
 „ by other claimants . . • • • • 131 — 135 
 
 To be proved . . 
 
 Time for adjudication on 
 
 Excluded unless brought in within time 
 
 By special leave after time 
 
 List of claims allowed . . 
 
 Notices to claimants by post 
 
 132 
 132 
 131 
 134 
 135 
 135 
 
394 
 
 EEGISTEAB.— Conimwd. 
 
 ClaBsifying ititerestB . . . . . . . . . . 130 
 
 Computation of interest on debts and legacies. See Intebesi . . 135 
 
 Costs of, in discretion of Registrar . . . . . . 129 
 
 Costs of adjournment occasioned by non-attendance or neglect. . 129 
 
 C JSts of counsel attending in chambers . . . . ..129 
 
 Coats of re-consideration of proceedings . . . . 123, 128, 129 
 
 Course of .. .. .. .. .. ..126 
 
 De die in diem, Registrar may proceed . . . . . . 124 
 
 Directions may be given for advertisement for creditors and 
 
 leaving accounts, though necessary parties not served . . 126 
 
 Dispensing with service of notice of judgment .. .. 126 
 
 Documents to be supplied for use of Registrar . . . . 126 
 
 Documents, production and inspection of . . . . 127, 128 
 
 Enlargement of time fixed by Registrar . . . . . . 125 
 
 Examination of witnesses . . . . . . . . 128 
 
 „ of party , creditor or claimant . . .. .. 128 
 
 False swearing, liability to penalties for . . . . . . 127 
 
 Further consideration of matter originating in chambers . . 138 
 
 Infants, proceedings relating to. See Infant . . . . 142 
 
 Neglect in prosecuting order . . . . • . 131 
 
 ,, ,, other proceedings in chambers . . 131 
 Non-attendance, liability of parties or witnesses to process of 
 
 contempt for . . . . , . . . . 127 
 
 Notes of, to be kept with proper dates . . . . . . 139 
 
 Notice of judgment, by advertisement . . . . . . 126 
 
 Orders made by Registrar, drawing up of . . . . . . 139 
 
 „ , , entering . . . . . . . . 139 
 
 Re-consideration, on special grounds . . . . . . 128 
 
 ,, of es jxirSc proceedings .. .. .. 123 
 
 Refusal to be sworn or to answer lawful question to be certified 
 
 to Court . . . . . . . . . . . . 128 
 
 Report of Registrar. See Rbpobt . . . . 136 — 138 
 
 Settling deed .. .. .. .. .. ..125 
 
 Substituted service of notice of judgment . . . . . , 126 
 
 RE-HEAEING. 
 Deposit on 
 
 Of order made on motion 
 
 Order on, in default of appearance of party served with petition 
 Petition for, contents of 
 
 , , proceedings not to be stopped by . . . . 
 
 143 
 144 
 144 
 143 
 143 
 
895 
 
 BE-EEARmG.— Continued. 
 
 Time for . . . . . . . . _ _ . . . . 143 
 
 ,, enlargement of .. .. .. .. .. 143 
 
 REJOINDEE. See Pleading subsequent to reply. 
 
 RELATOE. 
 
 Written authority necessary before use of name as . . . . 25 
 
 RELEASE. 
 
 As gronnd of defence or reply to be pleaded . . . . . . 39 
 
 RENEWAL. See Renewed Writ of Summons. 
 
 Of writ of execution, form of notice of . . . . 190 
 
 ,, of summons, form of order for . . . . . . 249 
 
 ,, ,, form of precipe for . . . . . . 222 
 
 RENEWED WRIT OF SUMMONS. 
 
 Ctirrency of . . . . . . . . . . 11 
 
 Eyidence of . . . . , . . . , . . . 11 
 
 Memorandmn for .. .. .. ,, ,, ..11 
 
 form of .. .. .. .. 11,172 
 
 REPEAL. 
 
 Of Orders and Bules enumerated in Schedule M , . 1, 286 
 
 REPLY. 
 
 Delivery of, time for . . . . . . . . . . 45 
 
 „ effect of default of . . . . . . 49 
 
 Forms of . . . . . . . . . . . . 37, 214 
 
 To counter claim . . . . . . . . . . 45, 46 
 
 Ground of defence arising jjenifcftte H(e may be pleaded .. 46 
 
 Further, -where ground of defence arises after delivery of or 
 
 expiration of time for reply . . . . . . . . 46 
 
 REPORT. 
 
 
 
 
 Account, how stated in 
 
 . . 
 
 . 137 
 
 Contents of 
 
 
 .. 
 
 . 137 
 
 Discharging or 
 
 varying 
 
 by motion 
 
 . 138 
 
 ,, 
 
 
 time for 
 
 . 138 
 
 ,, 
 
 
 after expiration of time 
 
 . 138 
 
 i> 
 
 
 evidence on motion for . . 
 
 . 138 
 
 AA 2 
 
 
 
 
896 
 
 FOB.T. —Continwd. 
 
 
 Filing of . . 
 
 . . 138 
 
 Form of . . 
 
 137, 261 
 
 Separate, Begistrar may make 
 
 . . 136 
 
 „ costs of in discretion of Court 
 
 . . 136 
 
 „ certifying state of assets on . . 
 
 . . 186 
 
 Signature of 
 
 ..138 
 
 Transcription of . . 
 
 . . 138 
 
 EEPRESENTATIVE. 
 
 Legal personal. See Executob. 
 
 REPRESENTATIVE CAPACITY. 
 
 To be shown in indorsement on writ of summons 
 
 RESIDUARY. 
 
 Legatee or devisee, entitled to administration without serving other 
 residuary legatees or devisees 
 
 ROLLS. 
 
 striking off the, no application for rule nisi or order to shew cause. . 
 „ ,, notice of motion for, to state grounds of application 
 
 ,, „ cop; of afSdavit to be served with notice . . 
 
 ,, „ length of notice of motion for .. 
 
 RULE NISI. 
 
 Application for, not to be made in certain cases . . 
 
 RULES. 
 
 Annulled by former Orders not revived 
 Included in " Orders " 
 Bepeal of, enumerated in Schedule M . . 
 Of Court, include forms 
 
 SALE. 
 
 By the Court 
 
 Abstract to be laid before conveyancing counsel 
 
 Conditions of, to specify time for delivery of abstract 
 „ to be settled by Registrar 
 
 Conduct of , . 
 
 Conveyancing counsel, abstract to be laid before 
 „ ,, objections to opinion of 
 
 .. V reference to, of matters of title 
 
 Deposit . . 
 
 27 
 
 113 
 113 
 113 
 113 
 
 113 
 
 
 168 
 
 . . 
 
 167 
 
 J, 
 
 286 
 
 .. 
 
 166 
 
 110- 
 
 -112 
 
 . . 
 
 110 
 
 . . 
 
 110 
 
 
 111 
 
 
 111 
 
 
 110 
 
 
 112 
 
 le 
 
 112 
 
 111 
 
 112 
 
397 
 
 SALE. —Continued. 
 
 Perishable goods, of, on interlocutory appUcation . . . . 105 
 
 " .. application for, to be on notice . . . . 106 
 
 Place and time of .. .. .. no 
 
 PriTate contract, by . . . . . . 112 
 
 Real estate, of, power of Court to order .. .. ..110 
 
 Registrar, sale to be with approbation of and before - . .. 110 
 
 „ conditions of sale to be settled by . . ..Ill 
 
 Reserved biddings . . . . . . , . . . m 
 
 >i affidavit for fixing . . . . . . Ill 
 
 SAMPLES. 
 
 May be authorised to be taken . . . . . . . . io6 
 
 SCANDALOUS. 
 
 Interrogatories, objections to answering . . . . . . 54 
 
 ,, striking out . . . . . . . . . . 54 
 
 Matter in affidavit may be struck ont . . . . . . . . 86 
 
 Matter in pleading may be struck out or amended . . . . 41 
 
 Matter in proceedings before Registrar may be expunged. . . . 129 
 
 SCOTLAND. 
 
 Service on person resident in. See Service . . . . 15, 16 
 
 SEAL. 
 
 Documents bearing, of Chancery Office receivable in evidence . . 139 
 
 Registrar of each district to have distinct . . . . . . 3 
 
 SEARCH. 
 
 PrjBcipe for, form of . . . . . . , . . . 224 
 
 SECUEITY FOE COSTS. 
 
 Amount and form of , . . . . . . , 151 
 
 Bond to be given to person requiring same, not to Registrar . . 161 
 
 Computation of time, where security ordered . . . . . . 149 
 
 Of discovery by interrogatories . . . . . . 58, 59 
 
 SEQUESTRARI FACIAS DE BONIS ECCLESIASTICIS 
 (WRIT OP.) 
 
 Against beneficed clerk, vhere no goods or lay fee in bailiwick . . 102 
 
 Execution of . . . . . . . . . . 102 
 
 Form of . . . . . . . . . . . . 97, 231 
 
 Indorsement of . . . . . . ■ . . . 102 
 
 Mode of issue and execution of . . . . . . . . 103 
 
 Prscipe for, form of .. .. .. .. 97,219 
 
898 
 
 SEQUESTRATION (WEIT OF.) 
 
 Against peraon diaobeyiag order, where time limited . . . . 103 
 
 Form of . . . . . . . . . . . . 97, 234 
 
 Inoladediaterma " writ of execution" . . .. .. ..96 
 
 Judgments euforoeable by . . . . . . . , . . 95 
 
 Not without leave, to enforce payment of costs . . . . . . 103 
 
 Praecipe for, form of . . . . . . . . . . 97, 319 
 
 SERVICE. 
 
 Accepting . . . . . . . . . . . . . . 12 
 
 Address for. See Address fob Sertiob. 
 
 Affidavit of. See ArriDAviT. 
 
 Appointments, of . . . . . . . . 162 — 164 
 
 Documents, of . . . . . . , . . . 162—164 
 
 Hours for . . . . . . . . . . . . . . 150 
 
 Notice of judgment or order, of, 
 
 Dispensing with on proceedings in Chambers . . . . 126 
 
 Memorandum of, form of prascipe for . . . . . 224 
 
 Substituted, on proceedings in Chambers . . . . . . 126 
 
 Notice in lieu of . . . . . . . . . . . . IBS 
 
 Notices, of . . . . . . . . . . 162—164 
 
 Out of the jurisdiction — 
 
 In what cases allowed . . . . . . . . . . 14 
 
 Leave of Court necessary for . . . . . . . . 14 
 
 Evidence on application for . . . . . . . . 16 
 
 Matters to be considered by Court in exercising discretion . . 15 
 
 Order giving leave for, to limit time for entering appearance . . 16 
 
 „ „ form of . . . . . . . . 248 
 
 Within jurisdiction of High Court .. ., ..16 
 
 Writ of summons for, not to be issued without leave . . 6 
 
 Orders, of . . . . . . . . , . 162—164 
 
 Original order need not generally be shewn . . . . . , 162 
 
 For attachment, original to be shewn . . . . . . 162 
 
 Pleadings, of . . . . . . . . . . 162—164 
 
 Post, by . . . . . . . . . . . . 163 
 
 Proceedings . . . . . . . . . . 162—164 
 
 Solicitor of party appearing in person, on . . . . . . 163 
 
 „ of person not a party, on . . , . . . . , 164 
 
 Subpcena, of . . . . . . , . , , . . 83 
 
 Substituted. See Substituted Seeviob. 
 
 Summonses, of . . . . . . . . . . 162 164 
 
 Undertaking to accept . . , . , . , , . . 12 
 
399 
 
 SERVICE.— Co»it/H!«rf. 
 
 Warrants, of . . . . . . . . . . 162—164 
 
 Warrant to settle or pass judgment or order, of . . . . . . 92 
 
 Where appearance has been entered . . . . . . 162, 163 
 
 „ no appearance or no address . . . . . . . . 162 
 
 „ personal seivice required . . . . . . . . 162 
 
 „ ,, not required .. .. .. .. 162 
 
 Writs of summons, of . . . . . . . . 12 — 14 
 
 Affidavit of . . . . . . . . . . . . 14 
 
 Date of, to be indorsed on writ . . . . . . . . 14 
 
 None required where undertaking to accept service . . . . 12 
 
 Should be personal where practicable . . . . . . 12 
 
 Substituted . . . . . , . . . . . . 12 
 
 Notice in lieu of . . . . . . . . . . 12 
 
 On husband and wife . . . . . . . . . . 12 
 
 On infant . . . . . . . . . . 12 
 
 On lunatic or person of unsound mind . . . . . . 13 
 
 On partners . . . . . . . . . . . . 13 
 
 On corporation aggregate . . . . . . 18 
 
 Setting aside, by defendant before appearance .. .. 19 
 
 Written communications . . . . . . 162 — 164 
 
 SET-OFF. See Countek-Claim. 
 
 For damages or costs, notwithstanding solicitor's lien 
 Of costs . . 
 
 SETTING ASIDE. 
 
 Interrogatories as unreasonable or Teiatious 
 
 Judgment by default 
 
 Judgment or verdict obtained where one party did not appear 
 
 Proceedings for irregularity . . 
 
 Application for, when allowed 
 
 Dismissal of summons for, to be understood as dismissed with 
 costs 
 
 Objections to be stated in summons or notice of motion 
 
 152 
 154 
 
 54 
 
 60 
 
 70 
 
 164 
 
 161 
 
 164 
 164 
 
 SETTING DOWN. 
 
 For further consideration 
 
 For trial. See Tkial, entry for. 
 
 On motion for judgment. See MoiioK fok Jcdoment 
 
 SETTLED ACCOUNT. 
 How pleaded 
 
 .. 69 
 .. 90 
 
 .. 43 
 
400 
 
 SETTLEMENTS. 
 
 On marriage of infants. See iNrANi . . . . . . 142, 143 
 
 SETTLING DEED. 
 
 In case parties differ . . . . . . . . 125, 126 
 
 SHEEIFF. 
 
 Application agaioBt, to pay money levied, not to be by rale nisi . . 113 
 Committal of, on non-compliance with notice to return writ or bring 
 
 in body of person to be attached . . . . . . . . 114 
 
 Discovery in actions by or against . . . . . . . . 60 
 
 Notice to, to return writ or bring in body of person to be attached . . 114 
 
 Notice to ex-sheriff to bring in body of person arrested . . . . 114 
 
 Poundage fees and expenses . . . . . . . . . . 97 
 
 SHEW CAUSE. 
 
 Order to, abolished in certain cases . . . . . . . . 113 
 
 SOLICITOES. 
 
 Acceptance of service by . . . . . . . . . . 12 
 
 Agreements between, relating to clients' causes, to be in writing . . 7 
 Assignment of, to pauper. See Pacpeb . . . . . . 26 
 
 Certificate by, for lower scale of Court fees . . . . 288, 290 
 
 Change of, on notice filed and copy served . . . . . . 10 
 
 Disclosure by, whether writ issued by their authority . . . . 10 
 
 Distinct, may be required by Registrar . . . . . . 130 
 
 Duties of . . . . . . . . . . . . . . 7 
 
 Fees of, on attendance iu Chambers . . . . . . . . 124 
 
 Guardian ad litem, costs of . . . . . . . . . . 152 
 
 Indorsement of address of, on writ of summons . . .. ..7,8 
 
 Neglecting to give notice to client of order for discovery or inspection, 
 liable to attachment . . . . . . . . . . 58 
 
 Nomination of, by Registrar, where interests classified and parties 
 cannot agree . . . . . . . . . . . . 130 
 
 Not entering appearance in pursuance of written undertaking, liable 
 to attachment . . ... , . . . . . . . 18 
 
 Of person having conduct of proceedings to certify to Registrar abate- 
 ment or change of interest . . . . , . . . 35 
 
 Orders as to costs of . . . . . . . . 302—328 
 
 Service on . . . . . . , . 163, 164 
 
 SPECIAL ALLOWANCES. See Costs. .. 320-326 
 
 On attendance for settling or passing judgment or order .. ., 93 
 
401 
 
 SPECIAL CASE 
 
 Agreement as to payment of money on judgment 
 Court may draw inferences of fact or law 
 Entry of, form of memorandum for 
 Printing, signature, and filing of 
 Questions of law may be stated in form of 
 
 , , by concurrence of parties 
 
 ,, by order of Court .. 
 Setting down for argument . . 
 
 ,, where parties not all sui juris 
 
 Under Tamer's Act 
 
 SPECIAL JURY. See Jury, trial by. 
 
 64, 65 
 65 
 64 
 224 
 64 
 64 
 64 
 64 
 65 
 64, 65 
 . 65 
 
 SPECIFIC PEEFOEMANCE. 
 
 Action for, form of indorsement on writ of summons 
 „ form of statement of claim . . 
 ,, form of defence . . 
 
 Enforcement of judgment for. . 
 
 SPEECHES. 
 
 Of counsel on trial with witnesses 
 
 STATEMENT OF CLAIM. 
 
 Amendment of See Amendment 
 
 Claim for general relief not necessary . . 
 
 Claim may be modified without amendment of indorsement 
 
 Delivery of, where defendant does not appear . . 
 
 , , not necessary unless required by defendant 
 
 ,, time for, where required . . 
 
 ,, ,, where not required 
 
 ,, costs of unnecessary 
 
 ,, default of 
 
 Distinct claims to be stated separately . . 
 Forms of . . 
 
 BeUef claimed to be stated specifically. . 
 Settled account, how pleaded . . 
 
 ST-ATEMENT OF DEFENCE. See Defence. 
 
 STATUTE OF FEAUDS. 
 
 As ground of defence or reply, to be pleaded 
 
 176 
 200 
 210 
 100 
 
 70 
 
 
 42 
 
 43 
 
 
 50- 
 
 -52 
 43 
 
 t on writ . . 
 
 43 
 
 
 
 30 
 
 
 
 42 
 
 
 
 42 
 
 
 
 42 
 
 
 
 42 
 
 
 
 49 
 
 
 
 43 
 
 . 37, 
 
 192- 
 
 205 
 43 
 43 
 
 39 
 
STATUTE OF LIMITATIONS. 
 
 As ground of defence or reply, to be pleaded 
 
 39 
 
 STATUTES. 
 
 1 Will. IV. 0. 65 (Infants) . . 
 
 8 & 9 Vic. 0. 18 (Lands' Clauses Consolidation Act) 
 
 10 & 11 Vic. li. 96 (Trustee Relief Act) 
 
 12 & 13 Vic. u. 74 (Trustee BeUef) . . 
 
 13 & U Vie. u. 35 (Turner's Act) 
 13 & 14 Vic. V. 43 (Chancery of Lancaster Act, 1850) 
 13 & 14 Vio. 0. 60 (Trustee Act, 1850) 
 
 15 & 16 Vic. c. 55 (Trustee Extension 1 
 
 16 & 17 Vic. 0. 137 (Charitable Trusts' Act, 1853) 
 
 17 & 18 Vic. c. 82 (Chancery of Lancaster Act, 1854 ) 
 
 18 & 19 Vic. c. 43 (Infants' Settlements) 
 22 & 23 Vic. c. 35 (Lord St. Leonards' Act) 
 25 &26 Vic. c. 89 (Companies' Act, 1862) 
 80 & 31 Vio. c. 131 (Companies' Act, 1867) 
 32 & 33 Vic. c. 62 (Debtors' Act, 1869) 
 45 & 46 Vio. c. 75 (Married Women's Property Act, 1882) 
 
 .. 119 
 .. 118 
 .. 118 
 .. 118 
 .. 65 
 .. 117 
 .. 118 
 .. 118 
 121, 325 
 .. 117 
 119, 142 
 116, 325 
 .. 117 
 .. 117 
 99, 250 
 .. 24 
 
 STATUTOEY DECLAEATION. 
 
 Included in " Oath " 
 
 167 
 
 STAY OF PEOCEEDINGS. 
 
 Effect of, on counter-claim . . . . . . . . . . 45 
 
 On non-disclosure by partners of names and residences of persons 
 
 constituting firm . . . . . . . . . . . . 10 
 
 On decision of question of law . . . . . . . . 64 
 
 Order for particulars not generally to operate as . . . . . . 38 
 
 Where costs of previous discontinued action not paid . . 48, 49 
 
 Where action or defence shewn by pleadings to be frivolous or 
 
 vexatious . . . . . . . . . . . . 47 
 
 Where writ issued without authority of solicitor . . . . . . 10 
 
 STOP OEDEE. 
 
 Costs occasioned by 
 Service of application for 
 
 .104 
 104 
 
 ST. LEONAEDS' ACT (LOED). See Loed St. Leonabds' Act. 
 
408 
 
 STRIKING OUT. See Amendment. 
 
 Affidavit, scandalous matter in . . . . . . . . 86 
 
 Defence, on noa-compUanoe with order for discovery or inspection 57, 58 
 
 Interrogatories, as prolix, oppressive, or scandalous . , . . 54 
 
 Fart of cause of complaint, on terms . . . . . . . . 48 
 
 Psffties. See Pasties. 
 
 Pleading, where no reasonable cause of action or answer shewn . . 47 
 
 Unnecessary, scandalous, or embarrassing matter in . . . . 41 
 
 SUBPCEXA (WEIT OF.) 
 
 Ad testificandum, for attenSauce at trial . . . . . . 76 
 
 „ ,, „ before Registrar or Examiner .. 81 
 
 ,, ,, ,, before Registrar in chambers . . 127 
 
 Correcting and re-sealing . . . . . . . . . . 83 
 
 Duces tecum, for attendance at trial . . . . . . . . 76 
 
 ,, ,, before Registrar or Examiner . . 81 
 
 „ ,, before Registrar in chambers . . .. 127 
 
 Form of . . . . . . . . . . . . 82, 236 
 
 Not to be issued for payment of costs . . . . . . . . 103 
 
 Number of names in . . . . . . . . . . 83 
 
 Precipe for, form of . . . . . . . . 82, 22?, 
 
 Service of, affidavit of . . . . . . . . . . 83 
 
 „ mode of . . . . . . . . . . 83 
 
 ,, time for. . . . . . . • • • . . 83 
 
 SUBSTITUTED SEEVICE. 
 
 Of documents and proceedings generally 
 Of writ of summons 
 
 ,, ,, application for 
 
 Order for, form of . . 
 
 163 
 12 
 13 
 
 248 
 
 SUBSTITUTING. 
 
 Parties. See Parties, adding or substituting 
 
 21—23 
 
 SUCCESSION DUTY. 
 
 Provision for payment of, in order dealing with funds in Court 
 
 .. 146 
 
 SUIT. 
 
 Includes action 
 Included in " cause " 
 
 .. 166 
 .. 166 
 
404 
 
 PAGE 
 
 SUMMAEY APPLICATIONS. See Motion. Petition. 
 
 Summons. 
 To the Vioe-Chancellor at the chambers of the Eegistrar — 
 
 Applications which may be heard and determined by Registrar. . 117 
 Applications which may not be heard and determined by 
 
 Registrar . . . . . . . . . . 118, 119 
 
 For administration to be by petition, motion or originating 
 
 summons . . . . . . . . . . , . 120 
 
 Evidence in support . . . . . . . . 121 
 
 Judgment on . . . . . . . . . . 121 
 
 Not obligatory on Court to order administration on . . 121 
 
 Persons to be served with . . . . . . - 120, 121 
 
 Special directions as to carriage, execution, or service of 
 
 judgment . . . . . . . . . . 121 
 
 For determination of questions, &c., without administration, to 
 
 he by petition or motion . . , . . . 119, 120 
 
 Evidence in support . . . . . . . . 121 
 
 Judgment on . . . . . . . . . . 121 
 
 Persons to be served with . . . . . . 120, 121 
 
 Powers and discretion of trustee, <fec. , not interfered with by . . 121 
 Special directions as to carriage, execution, or service of 
 
 judgment . . . . . . . . . . 121 
 
 Objections to hearing by Eegistrar to be made before 
 
 adjudication.. .. .. .. .. .. 118 
 
 Under Charitable Trusts Act to be made by petition or motion . . 121 
 
 SUMMONS. See Summaby Applications. 
 
 Entry of, in " Summons Book " . . . . . . . . 122 
 
 Evidence on, by affidavit . . . . . . . . . . 84 
 
 Form of . . . . . . . . . . , , 122, 243 
 
 Issue of . . . . . . . . . . . . . . 122 
 
 Not to be altered after sealing without application to Registrar . . 122 
 
 Order dismissing, form of . . . . . . . . . . 254 
 
 Originating . . . . . . , . . . 122 — 124 
 
 Definition of, in Orders and Rules . . . . . . 166 
 
 Entering appearance to . . . . . . . . . . 123 
 
 Form of . . . . . . . . . . 122, 280 
 
 Indorsement of new time where person not duly served . . 122 
 
 Issue of . . . . . . . . . . _ _ 122 
 
 Service of . . . . . . . . . , . . 122 
 
 Service of indorsed copy of . . . . . . , . 122 
 
405 
 
 BVUMONS.— Continued. 
 
 FAOK 
 
 Service of . . 
 
 114, 122, 162—164 
 
 AffidaTit of, form of 
 
 . . 190 
 
 Under Sec. 30 of Lord St. Leonards' Act- 
 
 
 Service of 
 
 ..116 
 
 Statement on which gi-ounded, to be filed . . 
 
 ..116 
 
 Title of 
 
 ..116 
 
 Writ of. See Writ of Summons. 
 
 
 SUNDAY. See Holidays. 
 
 Not to be reckoned in computation of hmited time, if less than six 
 
 ^^ys 149 
 
 Where time limited, expires on . . I49 
 
 SUPPOET. 
 
 Action for injunction against taking away, form of indorsement on 
 writ of summons. . . . . . . . _ ^ 1-77 
 
 SUEETY. 
 
 Action for contribntion — 
 
 Form of indorsement on writ of summons . . , . 177 
 
 " SWOEN." 
 
 Includes " affirmed " and " attested upon honour " . . . . 167 
 
 TAXATION OF COSTS. See Costs. 
 
 TAXING OFFICEE. See Costs. 
 
 Registrar to be . . . . . . . . . . . . 152 
 
 Powers and duties of .. .. .. .. 153—158 
 
 TECHNICAL OBJECTIONS. 
 
 Not to be raised to pleading on ground of want of form . . . . 41 
 
 TEEMS. 
 
 Interpretation of, in Orders and Eules. . . . . . 165 — 16 
 
 Words importing masculine gender . . . . . . 167 
 
 Words importing individual persons . . . . . . 167 
 
 singular number includes plural, and vice versa ,. , . 167 
 
 TEEM FEES. 
 
 Scale of costs in respect of . . . . . . . . . . 320 
 
406 
 
 TESTE. 
 
 ' Ofwrita .. .. .. .. .. .. .. 3, 6 
 
 TESTIMONY (PEEPETUATING). See Peepetuating 
 
 Testimony . . . . , . . . . . 83, 84 
 
 THIED PAETIES 30-32 
 
 Appearance by . . . . . . . . . . . . 30 
 
 Costs as between other partiesand .. .. .. ..82 
 
 Default of appearance by . . . . , . . . 30, 31 
 
 Directions on application by defendant giving third party notice 31, 32 
 
 Judgment against, setting aside . . . . . . . . 31 
 
 Memorandum of appearance by, form of . . . . 30, 173 
 
 Notice to, where defendant claims contribution or indemnity . . 30 
 „ „ „ ,, against 
 
 co-defendant . . . . . . . . . . . . 32 
 
 TIME. 
 
 Abridgment of, by Court . . . . . . . . . . 150 . 
 
 Computation of, where days not expressed, to be clear days . . 150 
 
 „ where security for costs ordered . . . . 149 
 
 , , where service effected after hours . . . . 150 
 
 „ „ „ by post . . . . . . 150 
 
 Expiration of, on Sunday or close day . . . . . . . . 149 
 
 Extension of, by Court . . . . . . . . . . 150 
 
 ,, by Begistrar on proceedings in Chambers .. .. 125 
 
 ,, costs of only one application to be allowed . . ' . . 154 
 
 „ order for, form of . . . . . . . . 245 
 
 „ „ need not be drawn up . . . . 114, 115 
 
 Hours for service . . . . . . . . . . . . 150 
 
 Month means calendar month in computation of . . . . 149 
 
 Month's notice to be given where no proceeding for one year . . 150 
 Sunday, Christmas Day, or Good Friday not reckoned in computation 
 
 of Umited, if less than six days . . . . , . , , 149 
 
 TKADE MAEK. 
 
 Action for infringement of — 
 
 Form of indorsement on writ of summons . . , . , . 177 
 
 Form of statement of claim . , . , . . , . 202 
 
 Form of defence . . . . . . . . . . 213 
 
407 
 
 TEANSFEE INTO COUET. 
 Court. 
 
 PASS 
 
 Payment into and out op 
 
 . 77, 7a 
 
 88, 
 
 TEIAL. 
 
 Adjournment of, by tlie Vice-ChanceUor 
 Affidavit, on. See ArriDAviT 
 By Jury. See Jury (trial by) 
 Default of appearance by plaintiff at . . 
 !• ,. by defendant at . . 
 
 Entry for, by both parties 
 ,, expunging 
 ,, time for . . 
 ,, trial by jury, in case of 
 „ withdrawal of, by consent . . 
 Evidence at. See Etidenob 
 Issues, of, by the Vice-ChanceDor and a jury 
 Mode of, before the Vice-ChanceUor . . 
 
 „ before the Vice-ChanceUor and a jury . . 
 ,, before the Vice-ChanceUor and Assessors 
 „ of different questions of fact . . 
 New. See New Teial. Jury (trial by1. 
 Notice of, by plaintiff 
 by defendant 
 countermanding 
 duration of 
 form of . . 
 length of. . 
 short 
 time for giying 
 
 „ in case of trial on affidavit 
 
 Papers for the Vice-Chancellor 
 Place of . . 
 Postponement of, by the Vice-ChanceUor 
 
 ,, after entry for trial, notice to be given to Eegistrar 
 
 on . . . . . . . . . . 69 
 
 Powers of the Vice- Chan oeUor as to hearing causes out of the juris- 
 diction by consent not affected by Bules . . . . . . 66 
 
 Proceedings at . . . . . , . . 70, 71 
 
 Begistrar to make note of time of commencement and termination of 71 
 „ to enter findings, directions and certificates . . . . 71 
 
 Speeches of counsel on trial with witnesses . . . . . . 70 
 
 . 70 
 88, 89 
 71—77 
 . 70 
 . 70 
 . 69 
 . 69 
 68, 69 
 . 71 
 . 48 
 89 
 67 
 67 
 67 
 67 
 67, 68 
 
 . . 68 
 
 .. 68 
 
 .. 69 
 
 . . 69 
 
 68, 187 
 
 .. 68 
 
 . . 68 
 
 .. 68 
 
 . 89 
 
 69, 70 
 
 . 67 
 
 . 70 
 
408 
 
 TEIAL. — Continued. 
 
 Withdrawal of case entered for . . . . . . . . 48 
 
 „ „ „ notice to be given to Eegistrar on . . 69 
 
 TEUST. 
 
 Action for execution of — 
 
 Form of indorsement on writ of snmmons . . . . 176 
 
 Form of statement of claim . . . . . . . 198 
 
 Parties to. Sec Parties . . . . . . 27—30 
 
 Action for breach of, form of statement of claim in . . . 197 
 
 Execution of. See Asministbation. 
 
 TKUSTEE. 
 
 In bankruptcy, joinder of claims by . . . . . . . . 35 
 
 Powers and discretion of, not interfered with by summary application 
 
 for determination of questions, &a., without administration . , 121 
 
 To represent cestui que trusts . . . . . . . . 22 
 
 TEUSTEE ACTS. 
 
 Applications under, when not to be heard by Registrar . . . . 118 
 
 TEUSTEE BELIEF ACT. 
 
 Affidavit of trustee on payment into Court . . . . . . 147 
 
 ,, „ „ contents of .. .. 147 
 
 Applications under, when not to be heard by Registrar . , . . 118 
 
 ,, „ by whom to be made .. .. .. 148 
 
 „ ,, place for service to be named in petition . , 149 
 
 ,, ,, persons to be served with . . . . . . 149 
 
 Investments may be made without order or request . . 148 
 Registrar to give directions, and to place funds to account of particular 
 
 trust .. .. .. .. .. .. ..147 
 
 Trustee to give notice of payment into Court to persons named in 
 
 affidavit .. .. .. .. .. ..148 
 
 UNDUE INFLUENCE. 
 
 Particulars of, to be stated in pleading, where relied on , . . , 38 
 
 UNNECESSAEY. 
 
 Appearance, costs of . . . . . . . . , . 154 
 
 Interrogatories may be struck out as . . . . . . , , 54 
 
 Matter in pleading may be struck out or amended . . . . 41 
 
 Proceedings, costs of .. .. .. .. 153, 158 
 
409 
 
 UNEEASONABLE. 
 
 Interrogatories may be set aside as . , . . . . . . 54 
 
 UNSOUND MIND (PEESON OF). See Lunatic. 
 
 Actions by and against . . . . . , . . , . 24 
 
 Allegations of fact in pleadings not to be taken as admitted against . . 39 
 
 Appearance not to be entered by, except by gaardian ad litem . . 24 
 Application by plaintiff for assignment of gaardian ad litem to 
 defendant . . . . . . . . .19 
 
 Consent of, to procedure, how given . . . . . . 25 
 
 Default of appearance by . . . . . . . . . . 19 
 
 Gaardian ad litem, how appointed . . . . . . 24, 25 
 
 „ ,, appointment of , may be required by Kegistrar . . 143 
 „ „ may appear on hearing of petition, motion or 
 
 summons by . . . . . . . . 24 
 
 Next Mend, may stie by . . . . . . . . . . 24 
 
 „ written authority necessary before use of name as 22, 23, 25 
 
 Service of writ of summons on . . . . . . . . 13 
 
 ,, notice of judgment on . . . . . . . 29 
 
 ,, noticeof application for assignment of guardian ad hV«)» on 19 
 
 VENDITIONI EXPONAS (WEIT OF.) 
 
 Where goods seized but not sold . . . . . ■ . • 101 
 
 Form of . . . . . . . . . . . . 97, 229 
 
 Mode of issne and execution of . . . . . . . . 103 
 
 PrsBcipe for, form of .. .. .. .. 97,218 
 
 VEEDICT. 
 
 Setting aside, when obtained in default of appearance . . . . 70 
 
 VEXATIOUS. 
 
 Interrogatories may be set aside . . . . . . . . 54 
 
 Questions put in cross-examination may be disallowed by the Yioe- 
 
 Chancellor . . . • ■ • • • • • . . 70 
 
 Where action or defence shewn by pleadings to be . . . . 47 
 
 VICE-CHANCELLOE. 
 
 Applications to, at Chambers of Registrar. See Rkoistbae, pro- 
 ceedings in Chambers. Scmmaby Applications. . . . . 117 
 Definition of, in Orders and Bales . . . . . . . . 165 
 
410 
 
 VIEW. 
 
 By Jury. See Juby (trial by) 
 
 73 
 
 WAEDSHIP OF COUET. 
 
 Action for, form of statement of claim in 
 
 WAEEANT. 
 
 Appointments of Registrar to be by . . 
 
 Entry of, in " Warrant Book" 
 
 Fixing time for settling judgment or order 
 
 ,, II II serTioe of 
 
 , , passing judgment or order 
 
 ,, ,1 I. service of 
 
 Form of . . 
 
 Not to be altered after sealing, without application to Begistrar 
 
 Service of 
 
 To proceed, -where deed to be settled by Registrar 
 
 WASTE. 
 
 Higher scale applicable to costs of action to restrain 
 
 WATEE. 
 
 Action for injunction against diversion or discharge of- 
 Forms of indorsement on writ of summons 
 
 Action for injunction against pollution of — 
 Form of statement of claim 
 Form of defence 
 
 201 
 
 .. 123 
 
 .. 122 
 
 .. 91 
 
 .. 92 
 
 .. 92 
 
 .. 92 
 
 123, 255 
 
 .. 122 
 123, 162—164 
 
 .. 125 
 
 303 
 
 177 
 
 204 
 213 
 
 WAY. 
 
 Action for injunction against obstruction of — 
 Form of indorsement on writ of summons 
 
 WHITSUNTIDE. See Holidays. 
 
 177 
 
 WILFUL DEFAULT. 
 
 Particulars of, to be stated in pleading, where relied on . . 
 
 WITHDEAWAL. 
 
 Of cause entered for trial, on consent in writing 
 
 ,, I, notice to be given to Registrar . . 
 
 Of defence, not without leave 
 
 38 
 
 48 
 69 
 48 
 
411 
 
 \YITBI>B,A^AL.— Continued. 
 
 Of part of cause of complaint . , . . . . . . 48 
 
 .1 ,, by order of Coui't . . .. .. 48 
 
 ,, „ costs on. . . . . . . . 48 
 
 ,, ,, no defence to subsequent action . . 48 
 
 WITNESSES. See Cross-examination. Evidence. 
 
 TEIT. 
 
 Authenticated by seal of office . . . . . . . . ,S 
 
 Issued by Registrar . . . . . . . . . . . . 3 
 
 Of attachment. See Attachment (Weit op). 
 
 „ delivery. See Deltveky (Wbit of). 
 
 „ distringas nuper vice-comitem. See Distrinoab Nupbe Vioe-Comiieji 
 
 {Wbit op). 
 ,, elegit. See Elegit (Writ op). 
 „ fieri facias. See Fieei Facias (Weit of). 
 „ fieri facias de bonis ecclesiasticis. See Fieei Facias de Bonis Eccls- 
 
 siASTicis (Weit of). 
 ,, inquiry. See Inquiet (Weit op). 
 ,, possession. See Possession (Weit op). 
 ■ „ sequestrari facias. See Sequestraei Facias de Bonis Ecclesiasticis 
 (Weit of). 
 sequestration. See Sequesteatiom (Weit of). 
 „ summons. See Wbit op Summons. 
 „ venditioni exponas. See Venditioni Exponas (Weit of). 
 Order for issue of, need not be drawn up . . . . 114, 115 
 
 Service of.. .. .. .. .. 162—164 
 
 Tested in name of Chancellor of Duchy . . . . . . 6 
 
 ,, on day of issuing . . . . . . . . . . 3, 6 
 
 WEIT OF SUMMONS. 
 
 Accepting service of . . . . . . . . . . 12 
 
 Concurrent. See Concueeent Writs . . . . . . 9, 10 
 
 Copy of, to be left with Kegistrar for filing . . . . . . 9 
 
 Currency of . . . . . . . . . . ..11 
 
 Date of issue, to bear . . . . . . . . . . 6 
 
 Filing and entry in Cause Book . . . . . . . . 9 
 
 Form of . . . . . . . . . . . . 5, 169 
 
 For service out of the jurisdiction, or of which notice is to be given 
 
 out of the jurisdiction, form of . . . . . . 6, 170 
 
 ,, ,, not to be issued without leave .. .. 6 
 
412 
 
 WEIT OF SUMMONS.— Continued 
 Indorsement of address on . . 
 
 ,, of claim on 
 
 ,, „ forms of 
 
 Issue of, may be out of the Registry of any District 
 
 ,, mode of . . 
 Marking with name of District 
 Preparation of 
 
 Benewal of. See Renewal — Renewed Wbit op Sdmmons. 
 Sealing of . . 
 
 Sealing of copy, where original lost 
 Service of. See Service 
 Solicitor to declare on demand, whether issued by his authority 
 Statement on face of, as to place where appearance to be entered 
 Substituted service of. See Sdbsiiiuied Sebtice 
 Tested in name of Chancellor of Duchy 
 
 .. 7, 8 
 .. 5,6 
 6, 175—178 
 8 
 9 
 8 
 9 
 
 12- 
 
 12, 
 
 9 
 
 12 
 
 -14 
 
 10 
 
 8 
 13 
 
 6 
 
 WEITING. 
 
 Agreements between solicitors as to clients' causes or memorandum 
 thereof to be in , . 
 
 WBONGFUL ACT. 
 
 Injunction against repetition of 
 
 108 
 
 THE END, 
 
 T. BBAKELl, PBINIEB, DALE SIBBET, LIVEBPOOL.