The Sun.
London, England, 1839-05-23 00:00:00

NEW ORDERS.

The following Orders for the future regulation of pro-
ceedings in the Court of Chancery come into operation in
the present Term :

I. That in all cases iu which it shall be alleged that the
plaintiff is prosecuting the defendant, in this Court, and
also in some other Court for the same matter, the &fen-
slant in eight days after fling his answer, or further answer
to the plaintiff's bill, shall be entitled, as of course,
on motion or petition, to the usual order for the
plaintiff to make his election in which Court he will
proceed, with the usual directions in that behalf, sin-
less the plaintiff shall, before the expiration of the same
eight days, have delivered exceptions to the defendant's
answer, or hare referred his further answer on former ex-
ceptions. And in case the plaintiff shall have delivered
such exceptions, or referred the defendant's further an-
swer within such time, the defendant shall be at liberty,
by notice in writing to be served on the plaintiff's clerk in
Court, to require the plaintiff to procure the Master's re-
port on such exceptions, within four days from the service
of such notice. And if the plaintiff, being so served with
such notice, shall not procure the Master's report in four
days accordingly, or if the exceptions shall not be allowed,
the defendant shall then be entitled, as of course, on
motion or petition, to the usual order for the plaintiff to
elect in which Court he will proceed, with the usual di..
rections. But in either of such cases the plaintiff shall be
at liberty to move that suck order may be discharged on
the merits confessed in the answer.

11. That the plaintiff in any injunction cause having ob-
tained the common injunction to stay proceeding► at law,
may (either before or after the answer of the defendant
shall be put in, and whether such injunction shall or shall
not have been continued to the hearing of the •ause)
obtai❑ an order, as of course, for leave to amend the bill
without prejudice to the injunction, but that such order
shall contain an undertaking by the plaintiff to amend the
bill within one week after the date of the order, and in de-
fault thereof the order shall become void. And that in
case the bill shall be amended pursuant to such order, the
defendant shall thereupon, and although he may not have
put in his answer to the bill or the amendments thereof, be
at liberty to move the Court on notice, to dissolve the in-
junction, on the ground that the bill as amended does not,
even if the amendments be true, entitle the plaintiff
thereto.

111. That in case an injunction to stay proceedings at
law shall be prayed for by the bill, and shall either not
be obtained, or having been obtained, shall have been dis-
solved upon the merits stated in the answer, and the plain-
shall afterwards amend his bill, and the defendant shall not
plead answer or demur to the amended bill within eight
days after appearance, the plaintiff shall be entitled to move
for an injunction, upon affidavit of the truth of tho amend-

merits.

IV. That foreclosure causes when ready for hearing,
may be ordered to be advanced for bearing, under the same
circumstances, and subject to the same rules as other causes
may be ordered to be so advanced.

V. That in all cases in which it shall appear that certain
preliminary accounts and inquiries must be taken and made
before the rights and interests of the parties to the cause
can be ascertained, or the questions therein arising can
be determined, the plaintiff shall be at liberty, at
any time after the defendants shall have appeared
to the bill, to move the Court on notice, that such inquiries
and accounts shall be made and taken, and that an order re-
ferring it to the Master to make such inquiries, and take such
accounts, shall thereupon be made, without prejudice to
any question in the cause, if it shall appear to the Court,
that the same will be beneficial to such (if any) parties to
the cause as may not be competent to consent thereto, and
that the same is consented to by such (if any) of the defen-
dants as being competent to consent have not put in their
answer to the bill, and that the same is consented to by,
or is proper to be made upon, the statements contained in
the answers of, such (if any) of the defendants as have an-
swered the bill.

Yl.—That whenever any order, of course obtained froi
the Master of the RAdl3, in any cause marked for or set
down to be heard before the Lord Chaneelior pursuant to
the General Order of the sth of May, 1837, shall be al.
leged to have been irregularly obtained, any application to
discharge the same for irregularity, shall in the first in-
stance be made to the Master of the Rolls, and such cause
and all other applica ions to be made therein, shall never-
theless con•inue subject to all the regulations of the said
General Order as if this Order bad n..t been made.

I.—That every person to whom io any cause or matter
pending in this Court, any sum of money or any costs have
been ordered to be paid, shall after the lapse of one month
from the time when such Order for payment wes duly
i.assed and entered, be entitled by his clerk in Court to
,ue out one or more writ or writs of fi,ri facias or writ or
writs of elegit of the form hereinafter stated, or as near
they, to as the circurns.ances of the case may require.
IL—That upon every such Order hereafter to be en-
tered, the entering c!erk of this Court in whose division
the same may shall, at the request of the party leaving
the same, mark the day of the month and year ore which
the same shall be so left for entry, and no writ of fieri
facias or elegit shall be sued out upon any such order, un-
less the date of such entry shall be so marked thereon ea
aforesaid.
111. That such writs where sealed shall he delivered to
the Sheriff or ether officer to whom the execution of the
like writs issuing out of the superior Courts of Common
Law belongs, arid shall be executed by such Sheriff or
other officer as nearly as may be in the same manner in
which he doth or ought to execute such like writs, and
such writs when returned by such Sheriff or other officer,
shall be delivered to the clerks in Court, by whom resq.ec.
tively they were sued out, or be left at their respective
seats, and shall thereupon be filed as of record in the
office of the six clerks of this Court. And
that for the execution of such writs, such She-
riff or other officer shall not take or be allowed arr.,
fees other than such as are or shall be front time to time
allowed by lawful authority for the execution of the like
-writs issuing out of the superior Courts of Common Law.
IV.—That if it shall appear upon the return c f any such
writ of fieri facias as aforesaid, that the Sheriff or other
officer hath by virtue of such writ seized hut not sold any
goods of the person ordered to pay such sum of money or
costs as aforesaid, the person to whom such sum of money
or costs is payable, shall immediately after such writ with
such return shall be filed as of record, be at liberty by his
clerk in Court to sue out a writ of Venditioni exponas io
the form hereinafter stated, or as near thereto as the cir-
cumstances of the case may require.
V. That on every such writ of fieri facias and elegit so
to be issued as aforesaid there shall be endorsed the
words, " By the Court," and also thereunder the calling
and place of residence of the party against whom such
writ shall be issued, anti also the name and residence or
place of business of the solicitor at whose instance the
same shall be issued, and the name of the clerk in Court
issuing the same, and that every such writ be also endorsed
for the sum to be levied according to the form used upon
like writs issuing out of the superior Courts of Common
Law.

VI. That for every such Vt r t of fieri facias or ♦endi-
tioni exponas so as to be issued as aforesaid, there shall be
allowed to the clerk in Court issuing the same the sum of
eighteen shillings and seven pence, and for every such
writ of elegit the sum of one pound ten shillings, and
that there be allowed to the solicitor at whose instance
any such writ of fieri facias, elegit, or venditioni exponas,
shall be issued the sum of six shillings and eight pence for
instructions for the said writ, and that there be also
allowed to such solicitor the further sum of six shillings,
and eight pence for attending to procure a warrant, and
for attending to instruct the officer charged with the
execution of such writ.
COTTENHAM, C.
LANGDALE, M. R.
LANCELOT SHADWELL, V.C.