The Express.
London, England, 1852-09-02 00:00:00

EVIDENCE..

31. The time within which the plaintiff in any suit, com-
menced by bill, Is to give the defendant notice of the mode
in which he desires the evidence to he adduced in the cause
shall be taken, is to be seven days after issue joined therein;
and if the plaintiff shall not within such time give an
each notice, or if the plaintiff shall give such notice, and
shall therein desire the evidence to he adduced upon ida-
?it, the plaintiff and defendant respectively shall be at
liberty to verify their respective cases by affidavit, unleu
the defendant, or some or one of the defendants, if more
than one, shall within fourteen days after the expiration of
the said period of seven days, give notice to the plaintiff, or
his solicitor, that he or they desire the evidence to be oral.
32. The evidence on both sides, in any cause, to be used
at the hearing themf, whether ti:lten orally (and including
the erues.exarnination and re•examination of any witness
or witnesses), or token upon affidavit, is to be closed within
nine weeks after issue joined therein, except that any wit-
ness who has made an affidavit intended to be used by any
party to such cause, at the hearing thereof, shall be subject to
cross-examination within one month after the expiration of
each period of nine weeks.
33. No affidavit filed before issue joined in any cause shall
be received or receivable at the hearing thereof, unless
within one month after issue joined notice in writing shall
he given by the party intending to use the same to the op.
posite party of his intention in that behalf.
34. Any party desiring to cross-examine a witness who
has made an affidavit in any cause, intended to be used at
the hearins, thereof, shall give 48 hours' notice to the party
on whose behalf such affidavit was filed, or to the party in-
tending to um the same, of the time and place of such in-
tended cross-examination, in order that such party may, if
he shall think fit, be present at such care-examination.
35, The re-examination of any such witness is immediately
to follow his erase-examination, and is not to be delayed to
a future period.
36. Any party in any cause or matter requiring the at-
tendance of soy witness before an examiner, for the purpose
of his being examined or cross-examined, with a view to
his evidence being used upon any claim, motion, petition,
or other psi 'seeding before the court, not being the hearing
of a cause, shall give to the opposite party or parties 48
hours' notice at least of his intention to examine such wit-
ness, end of the time and place of such examination, unless
the court shall in any case think fit to dispense with such
notice.

37. And when it is desired to cross-examine any party,
whither a party to the cause or matter or not, who has
made an affidavit to be need, or which shall be used on any
claim, motion, petition or other proceeding before the
court, not being the hearing of • cause, the party desiring so
to crow-examine such deponent shall give such notice to the
opposite party as is required by order 34 with refersnce to
the crass-examination of a witness who has mode en affi-
davit to be used in the hearinf of a cause.
18. All the above orders with reference to the examine.
time, cross-examination, and re.examiustion of witnesses
shall extend and be applicable to evidence taken in any
cause subseleently to the hearing thereof.
88. In suits in which issue shall have been joined when
these orders come into operation, the evidence to be used
at the hearing of the cause shill be taken according to the
existing practice of the court, unless the parties shall Wl-
seat or the court shall order that the same shall be taken in
the mode prescribed by 16 azd 16 Viet., c. 86, and these
orders.

ADDIXO TO DICIIII.
40. The time within which a party served with notice of
a decree under the section 42 of the above ant may apply to
t►e wart to add to the deem, is to be one month after such
seryieef _ _ _

et. ♦ oisnenadan of tba service upon any person Of
'moonset erne ef dos dean in any suit under the said
sniesomielk is ft be 'nerd in the office of the clerks of
rem& mid wills upon doe proof by affidavit of such
sinks.

-11.—Tho -- to be obtotoed seder Mika 4i of the
about oat aro beta a fan *mike to tho fon out lath in
ashodole (I) to these orals, whit nob voriedoes as the eir-
eulootooese of the ease say require..

1111•1•01 LID jUIPIPLIXTMT.
43. Any party under so disability, or under the disability
of rivertnr, wha Oily be snail with as order to revive
any suit, orb awl a the pramdings therein. may apply
to the awn to dimes'', each order within twelve days
after semi unman• ' sod any party being ander any dis-
ability OW dirs severeere, who stay be so served, may
apply to tire awn w lisharge each order within twelve'.
days saw tls apipsiftsot of a guardian or guardians od
raw tre evar ; sod wadi such period of twelve days
lea lift agleai, se& arise shall have no forte or effect
r agora aoiY lasarendaned party.
—_____.

1111/ 711011 01 cincidevurcus.
44. If the plaintiff in any cause which is not in sub a
state as to allow of an amendment being made in the bill,
shall desire to state or pet in issue any facts or circum-
stances which may have occurred after the institution of the
nit, he may state the same and pet the mine in issue by
filing in the Baud and Writ Clerk's Ofiles a statement,
either written or printed, to be annexed to the bill; and
each proceedings by way of answer, evidence, and other-
wise, are to be had and tam apse the stamen' se filed as
if the same were embodied in a supplemental bill ; pro-
vided always, that the Nut may make any order which it
shell think fit for nominating the proceedings thereunder,
or proceedings therein, in any manner which may appear
jut and reasonable.

46. No injunction foraiii of dings at law is to be
reed as of swum for default of appearance or answer to
. _

'orris or COVIR.
U. The lower of the Court to enlarge or abridge the
thee for &las say act or taking any prooredinae In soy
ow or matter, span su►, if any, terns or the junco of the
ease requires, is unaffected by these orders

0011111X01114iNT OF 01,1:11111.
47. Thew orders shall take effect and come into operation
on the second day of November, we thousand eight hundred
and afty-two.

48. In these orderiVis tulipl;l4 words have the several
meanings hereby assigned to thou, over and above their
several ordinary meatungs, unless there be something in the
subject or context repugnant to sash construction, viz. :-
1. Words importing the singular number include the
plural number, and words importing the plural number in-
clude the singiilar amber.
2. Words importing the masculine Seeder include Er.
males.

3. Tbe word " bill" hieladee " information."
4. The word " piety" iaeludes a body politic or cor-
porate.
6. The word " andavit" bullocks " sillrmatioe."
Bu. LIBOWARDS, C.
JON, 9.OMILLTL X.R.
J. L. 1(1110111T Baud, L.J.
Camtworra, L.J.
0. J. TURY4I., Y.C.
RICIZAILD T. KINDMISLIT, V.C.
JLISIO PARK'S, V.O.

SCHEDULE (L)
TA YLi OP YAMS.

For instructions for kill
For soaking a copy of a bill or claim for tho
printer, per folio 0 0 4

•In Chancery
John Lee ..

For a-meeting the proof blunt, per folio
For printer's bill (as paid), deducting any copies
paid for by the defendant.
Fur amending each copy of a bill or claim to serve
where there is nu reprint
Instructions fur brief to be allowed ou • replica-
tion being filed, ur ou II MOLiUII fur a decree on
• bill, or in an injunction cause en moving fur
the injunction; but so that this fee shell be
charged once ,nly in the progri.as of a cause
For emending each brief of • bill or claim where
these is nu reprint
For perusing and considering the bill or. behalf of
each defendant, or set of delcudan!r, appearing
by the same
SCHEDULE (B).
PUNY ta U.L.b

.Plaiutiff.

James Styles
and Defendants.
Henry Jones
HILL OY eunetalNT.
To the night Hon. Edward Buttenshaw, Bison St.
Leonard's Slaughion, in the county of Sussex, Lord
High Chancellor of Great Britain :
Handily complaining, alioweth elute his lordship, John Lee,
of Bedford-square, in the county of Middlesex, Esq., the
ahoy-named pleintiff, as follows ;
1. The defendant, J .uses Style', being seised in fee
pimple of a farm rolled Elaekiiere, in the pariah of A, in the
county of li, with the iq.purtenauces, did, by an indenture,
dated the Ist of May, one thousand eight hundred and
fifty, and made between thu defendant, James Styles, of the
one part, and the plsititilf of the other part, grant and con-
vey the said farm, with the apple to 'mimes thereto unto,
and to the use of, the plaintiff, his heirs, and ensigns, sub-
ject to a proviso for redemptiuu thereof, in coos, the defend-
ant, James Styles, his heirs, executors, administrators, or
eseigns, should, on the Ist of May, one thousand eight
hundred and fifty-oar, pay to the plaintiff, his executors,
administrators, or assigns, the sum of five thousand pounds,
with interest therein, at the rate ul five ',muds per centuna
per annum, ex by the said indenture will appear.
2. The whole of the said sum of five thousand pounds,
together with interest thereon at the rate aluresaid, is now
due to the plaintiff.
3. The defendant, limey Juan, claims to have some
charge upon the farm and preud-ee comprised iu the mid
indenture of mortgage of the Ist of May, one thousand
eight hundred and fifty, which charge is subsequent to the
plaintiff's said mortgage.
4. The plaintiff leas frequently applied to the defendants,
James Styles and Henry Jones, and required them either
to pay the said debt, or else to release tiie equity of redemp-
tion of the premises, but they have refused an to do.
S. The defendants, James Styles and Henry Jones, pre-
tend that there are some other mortgage*, charges, or
incutubrancea affecting the premises, hut they refuse to
discover the particular. thereof.
6. There are divers valuable oak, elm, and other timber,
and timber•like trees growing and clouding on the farm
and lands comprised in the sold indenture of mortgage of
the first of May, one thousand eight hundred and fifty,
which trees and timber are a materiel part of the plaintid
said security ; and if thu 141110, or any of them, are felled
and taken away, the said mortgaged premises would be an
insufficient security ti the plaintiff for the money due
thereon.

7. The defendant, James Styles, who is in possession of
the said farm, has mark,d fur felling a large quantity of
the said oak and c.m trees and other timber, end i.e has,
by handbills published on the second DeceinbAi instant,
announced the same tar sale, and he threatens and intends
forthwith to cut down and depose of a considerable quan-
tity of the seal trees and timber on the said farm.

PRATZII.
The plaintiff prays as folios.:
1. That an account may be taken of what is due fur prin-
cipal and interest on the said mortgage.
2. That tho detennant•' James Sttles and Henry Jones,
may be decreed to pay to the plaintiff the amount which
shall be so found due, together with his coats of this suit,
by a short day to be appointed for thtt purpose, or in de-
fault thereof, that the d. residents, Jaime Styles and !henry
Joni s, and all persons claiming under them, may bu
lately foreclosed of all right and i quity of redemption in
and to the said mortgaged premises.
3. That the defendant, James Styles, may be restrained
by the injunction of this hooourattle c-urt from lellin!,
cutting, or disposing of any of the timber or timber.like
tries now standing or growing in or up .0 the said farm and
premises comprised in the said indenture of mortgage or any
part thereof.
4. That the plaintiff may hate such further or other re-
lief as the nature of the case may require.
Names of defendants.
The defendants to this bill of complaint are
James Styles.
Henry Jones.
Y. Y.

%Name of counsel.)
Note. —This bill is filed by Mew.. A. B. and C. I)., of
Lincoln's-inn, in the county of Middlesex, solicitors for the
shove named

SCHEDULE (C).
FOXY Or INTZUKUOAIOIIIIIB.
In Chancery.
John Lee PLintiL
James Styles
and Defendants.
Henry Jones
1. Does not the defendant, Henry Jones, claim to have
some charge upon the farm and premises comprised in the
indenture of mortgage of the first of May, One thousand
eight hundred and fifty, in the pLuntiffs bill men•
tinned ?

2. What are the particul3rs of such charge, if auy, the
date, mature, and short effect of the security, and what is
due thereon ?

3. Are tiere or is there any other mortgages or mort-
gage, charges or charge, incumbraucete or encumbrance, in
say and what manner affecting the aforesaid premises or
any part thereof ?
4. Set forth the particulars of such mortgages or snort-
gage, charges or charge, encumbrances or incumbranee; the
date, nature, and short effect of the security ; what is now
due thereon ; and who is or are entitled thereto re.pectively;
and when, and by whom, and in what manner every such
mortgage, charge, or encumbrance was created,
The defendant James Styles is required to answer all
these interrogatories.
The defendant Henry Jones is required to answer the in-
terrogatories numbered 1 and 2.
Y. Y.
(Name of counsel.)
SCHEDULE (D).
PO= or ANSWIII..

In Chancery.
John Lee Plaintiff.
James Styles
and Defendants.
Henry Jones
The answer of James Styles, one of the shovenamed de-
fendants, to the bill of complaint of the abovenamed
plaintiff.
In answer to the said bill I, James Styles, say as follows:-
1. I believe that the defendant Henry Jones does claim
to have • charge upon the farm and premises comprised in
the indenture of mortgage of the let of Mae, one thousand
eight hundred and fifty, in the plai..tiff's bill mentioned.
-2. Such charge wee created by an indenture dated the let
of November, one thousand eight hundred and fifty, made
between myself of the one part, and the said defendant
Henry Jones on the other part, whereby I ranted and con-
veyed the said farm and premise% atableet to the mortgage
made by the said indentare or the let of May, one thou-
sand eight hundred tad My, unto the defendant, Henry
Jones, for steering the sum of two thousand pounds and
interest at the rate of dye pounds per centura per annum,
and the amount due thereon is the said sum of two thousand
pounds, with interest thereon, from the date of such most-

gsrTo the best of my knowledge, remembrance, and be-
lief, there is not any other mortgage charge or incumbrance
affecting the before said premises.
M. N.
(Name of counsel.)
SCHEDULE (E).
POEM OP SUMMONS.
In Charmer,.
In the Matter of the Estate of John Thomas, late of the pa-
rish of A, in the county of B, dineued.
Joseph Wilson against William Jackson.
Upon the application of Joseph Wilson, of Russell-square,
in the county of Middl.sex, Esq., who claims to be a CYO.
ditor upon the estate of the above-named John Thome, let
William Jackie., the ancestor of the said John Thomas,
attend at my chambers Da the Rell•-yud, Chancery-lane,
MiddSeess) (or at No. —, square, Lincelns-inn, Mid-
dles:], on the day of ,at of the clock in the
afternoon, and show muse, if he can, why an order for the
administration of the personal estate of the said John
Thomas, by the High Court of Chancery.
Dated the day of , 1862.
John Romilly, Master of the Rolle, or
0. J. Turner, Vice-Chancellor, or
Richard T. Riudenley, Vice-Chancellor, or
Jamie Parker, Vice.Chsneellor.
Note.—lf the above named William Jackson does net
attend either in person or by his solicitor, at the time sad
place above-mentioned, such order will be made in his ab-
sence as the judge may think just and expedient.
This gammons was taken out by A and Bef Linoole's-
inn, in the county of Middlesex, solicitor for the shove-
named Joseph Wilma.

1

ORDER OF COURT.
The 7th day of August, 1852.
This Right Honourable Edward Burtenshaw, Lord St.
Leonards, Lord High Chaacellor of Great Britain. by and
with the advice and assistance of the Right Hon. Sir John
Muter of the Rolls, the Right Hon. the Lord
Justice Sir James Lewis Knight Brute, the Right Hon.
the Lord Justice Lord Cranwortla, the Right lion, the
Vice-Chancellor Sir George James 'Turner, the lion. the
Vice-Chancellor Sir Richard Torin Kinderiley, and the
Hon. the Vies-Chancellor Sir James Parker, doth
in pimento and execution 0( all powers, enablingh liiirienbg
that behalf, order, and direct
That all and every the orders, rules and directions here-
inafter set forth shall henceforth be, and for all purposes
be deemed and taken to Se, general orders and rules of the
High Court of Chancery, vu. :
1. That ne appeal from any decree, order, or dismiuion,
er may rehearing of the case on which such decree, order, or dig EV
dismission is founded, shall be allowed, unless the same is "
set down for hearing, and the requisite notice thereof duly
served, within five years from the dims of any such decree,
order or dismission respectively.
2. That all decrees and orders, and all dismissions, pro- 44
aounoed or made in any cause, claim, or matter in this •• /1:1 •
court which shall be enrolled, shall be so enrolled within -
.•
i'Vra
sraltt ,