The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-25 00:00:00

'Continued from our Paper of yesterday.)
30. That, in all eases where a defendant is in contempt for want
of an answer, and files his answer, he shall be entitled to an order
to be discharged as to such contempt, upon payment or tender of
the costs of contempt ; but he shall not, by the receipt of such
costs by the plaintiff, be so far discharged from the contempt, as
to make it necessary for the plaintiff if the answer be insufficient,
to begin the process of eontenipt de novo; but the plaintiff shall, in
etch case, take up the process of contempt, at the point to which
he had before proceeded.
40. That every person, intended to be examined as a witness in
the Examiner's Office, be duly served with a subiurna (Mill-
eandnin ; whereon should be indorsed a note of the day and hour
when the witness is required to attend ; and that no person, except
the solicitor in the cause, he examined as a witness by the Exa-
miner, listless. at the time of his examination, lie produce the sub-
poena; or satisfactory evidence to be given that such subpoena has
been duly served.
41. That the personal production of a witness, at the sent of the
opposite clerk in court, as required by the present practice, be in
future dispensed with.
42. That the Examiners of the Court of Chancery shall, in fu-
ture, have power to administer the oath to all witnesses produced
before them for examination, as fully and effectually as the same is
now administered by the Masters ot ;be Court.
43. That the same examiner be at liberty to cross examine, as
well as to examine, the same witness.
44. That the depositions of every witness examined, either he.
fore the Examiner or before Commissioners in the country, be taken
down in the first person, instead of the third, the pronoun " I."
being substituted in all cases for the words " this deponent ;" and
that the other words of every deposition be also varied, whenever
necessary, so as to correspond with this alteration.
45. That the last interrogatory, now commonly in use, be al-
tered, by omitting the words " which may he of any benefit or ad-
vantage, or material to the said complainant tordelendant") ; and
inserting, in lieu thereof, the words " material to the subject of
this your examination."
411. That, for the better despatch of the business of the EXAM!.
net's office, a second sworn clerk be added to the office of each of the
Examiners.
47. That it would be expedient that conirnissie.ns for the exami-
nation of witnesses in the country, should no longer be directed to
Commesiones named by the parties; but that the Lord High
Chancellor should nominate or appoint a certain number of persons,
at his discretion, being resident in London, and Barristers of not
less than five years standing, to act as Commissioners in the coun.
try, at any distance from London exceeding twenty miles, and not
exceeding such greater distance as shall, from time to time, apptar
to the Lord Chancellor to be expedient in that behalf; and that all
such commissions should be directed to and executed by one of the
persons so to be nominated and appointed, unless it should happen
that, at the time of applying for such commission, all the said per.
tons should be actually engaged in the execution of other country
commissions previously issued.
4/1. That it would be further expedient, in order to provide for
the execution of such commissions, when it may happen that. at
the time of applying for any such commission, all the said persons
shall be actually engaged in the execution of other country corn.
missions ; and also to provide for the execution of all other com-
missions, for the examination of witnesses in the country, at any
distance from London exceedidg the limits to be prescribed by the
Lord High Chancellor as aforesaid, that the Lord High Chancellor
should nominate a certain number of other,persons, at his discus.
ton, who are resident in the country. to act as Commissioners. for
the examination of witnesses, within each county, city, or populous
town, or other district, or division, to be designated and described
by him ; such persons being Barristers at law, where the same can
conveniently be found; and that one of such persons alone should
execute every such commission, although the same should he di-
rected to two of such persons, In order that he who is secondly
named might proceed in the execution of the commission, in case
the person therein first named should be unable or unwilling to
attend.

49. That in order to secure the convenient execution of such
commissions within the limits to he prescribed by the Lord Chan-
cellor, as when it shrill happen that all the said persons,
nominated by. him, and resident in London, are actually engaged
in the execution of other commissions; and also to secure the like
mnrenlent execution of aff other commissions hi the country, at
any distance from London exceeding the limits so prescribed, it
*mild be fitrater expedient that the two persons to whom such
commissions shall be directed, should be selected from the list of
those alto are to be nominated and appointed by this Lord High
Chancellor. as lain aforesaid, by such rtl of the Court of Chan.
eery as shall happen to be in attendance at the public office ; which
Master shall also appoint the place for the cxecuticn of every such
commission, having regard to the residence of the Commissioners
sod witnesses ; and, as far as may be consistent with those sitcom.
stances, maintaining a due rotation among the persons so nomi-
nated and appointed by the Lord High Chancellor ; and that where
such commissions are executed by the persons therein secondly
named, the cause of the absence of the person therein first-named
should be certified, under the hands of the solicitors attending the
execution of the said commission, on behalf of the several parties.
and also under the hand of the acting Commissioner, speaking to
his knowledge or belief; and that such certificate should be an-
nexed to and returned with the commission.
60. That, in order to secure the competent execution of all corn-
missions in the country, whether within or beyond the limits to be
prescribed by the Lord High Chancellor, as aforesaid, the remu-
neration to be paid to the acting Commissioner, should be after the
rate of five guineas per diem, which as to the Commissioners sent
from London, but not as to the Commissioners resident in the
country, should include the time of travelling, computed at the rate
of seventy miles per diem ; and that each acting Commissioner
should also be paid an addition of one shilling, for each mile of al.
Lance which he shall necessarily travel for the purpose of such
commission ; but the five guineas per diem, so pint, to the acting
Commissioner, should include the expense of lodging and main.
tenance.

51. That in future in the execution of country commissions, nei-
ther lodging tior maintenance should be provided at the expense of
the parties. either for their solicitors, clerk, or witnesses; but
that, in lieu thereof, the daily fee for the attendance anti expenses
of eech solicitor on such commission, should be increased to the'
sum of 31. • and the daily fee for the attendance and expenses of
the clerk of the commission, who is to be named by the acting Com-
missioner, should be increased to the sum of 30s. ; and that the
several witnesses should be paid for their time and attendance ac-
cording to their degree, as in Courts of Law.
52. That, in all other respects, the forms, rules, and regula-
How, which now prevail in the issuing and execution of corn-1
missions in the coqntry, should continue to be adopted, as nearly
as mar be.
53. That publication shall not in future be enlarged, except upon
a special application to the Court for that purpose, supported by
affidavit, and at the expense of the party applying, unless other-
wise ordered by the Court.
54. That in all suits brought for the establishment of wills,
where the heir-at-law is, by the course of the Court, entitled to an
issue de vieavit net non, neither party shall, before the hearing,
enter into evidence either to support or to question the will, other
than that the plaintiff must examine the attesting witnesses to the
will upon the usual interrogatories in that behalf, and that the
heir-at-law may cross-examine such witnesses.
55. That in all cases the suhpana to hear judgment shall be
served upon the clerk in Court.
56. That where a cause, which is set down to be heard, has either
been disposed of in another Court, or has become abated, or has
been compromised, it shall be the duty of the Solicitor of the plain-
tiff, in order to save unnecessary expense to the parties. and to
avoid thetime of the Court being lost by Inefficient causes bang
found the paper, to certify the same to the Registrar, in order
that he do note the fact by an entry in the cause book, kept at the
Registrar's cffice, opposite to the name of such cause; and such
solicitor, in respect of such entry, if made in doe time, shall be al.
lowed a fee of six shillings and eight-pence, and no more.
57. That where a cause, which stands for bearing, is called on,
but not decided, by reason of a want of parties, or other defect in
the plaintiff's case, and the cause therefore goes out of the paper,
and it becomes necessary to set down the cause a second time, and
to serve new subpccnas to hear judgment ; there the defendant or
defendants shall be allowed the taxed costs, occasioned by the first
setting down and hearing, although he or they do not obtain the
costs of the suit.

68. That *here a cause, which stands for hearing, is called on
and not decided, but does not go out of the paper, being adjourned,
upon payment of the costs of the day; there the party to p the
costs of the day, whether before the Lord High Chancellor, Muter
of the Rolls, or Vice Chancellor, shall pay the sum of 101., unless
the Court shall make other order to the contrary.
69. That in future any person may be at liberty to requiretrens
the Registrar's office a copy of the title and ordering part only
any decree or order, paying for the same at the present rate or pri
of one shilling and sixpence for the first aide, and one shilling for
every other side.
60. That in consequence of the great increased attendance of the
Registrars in Court, by reason of the establishment of the office of
Vice Chancellor, and in consequence also of the increased quantity
of business which has been despatched since the establishment of
that office, it is expedient that the present number of four Deputy
or Suh-Registrars be increased to six ; and that each be allowed
two clerks ; and the Registrars' office do continue open till three
o'clock in the afternoon and re-open at six, instead of shutting at
two o'clock and re-opening at five, as at present.
61. That it is expedient that the Lord High Chancellor, the
Master of the Rolls, and the Vice Chancellor, should take into
consideration the present state of the profits and fees of the several
persons now employed in the Registrars office ; and the effect that
will be produced by the proposed increase of the number of Deputy
Registrars, and the diminished expense of office copies of dearrea
and orders ; and should thereupon suggest what shall appear to be
reasonable with respect to the future emoluments of the Registrars
and their clerks.
fitl. That the Registrars' office being of great importance to the
dui despatch of the business of the Court, it is expedient that the
Lord High Chancellor, the Master of the Rolls, and the Vice