The Sun.
London, England, 1854-06-15 00:00:00

NEW ORDERS IN CHANCERY.

The following new general orders and rules of the
High Court of Chancery, dated the Ist day of June,
1854, have bee❑ issued by the Lord Chancellor :
" The Right Hon. Robert Monsey, Lord, Cranworth,
Lord High Chancellor of Great Britain, by and with the
advice and assistance of the Right Hon. Sir John Romilly,
Master of the Rolls, the Right Hon. the Lord Justice Sir
James Lewis Knight Bruce, the Right Hon. the Lord
Justice Sir George James Turner, the Hon. the Vice-
Chancellor Sir Richard Torin Kindersley, the Hon. the
Vice-Chancellor Sir John Stuart, and the Hon. the Vice-
Chancellor William Page Wood, cloth hereby, in pursuance
of two acts of Parliament passed in the session of Parlia-
ment holden in the 15th and 16th years o. the reign of
her present Majesty, chapters-86 end 87, and in pursuance
and execution of all other powers enabling him in that be-
half, order and direct :
" That all and every the orders, rules, and directions
hereinafter set forth shall henceforth be, and for all pur-
poses be deemed and taken to be, general orders and rules
of the High Court of Chancery, viz.:—
"1. If the fourteen days within which, pursuant to the
orders of the Court, a defendant is bound to file his
affidavits in answer to a motion for a decree, or the 7
days within which the plaintiff is bound to file his affida-
vits in reply thereto, or the 9 weeks after issue joined with-
in which the evidence in any cause to be used at the hear-
ing thereof is to be closed, or the month after the ex-
piration of such 9 weeks within which a witness who
has made an affidavit intended to be used by any party to
such cause at the hearing thereof is subject to cross-exami-
nation, shall expire in the long vacation, the time for the
several purposes aforesaid respectively is hereby extended
to the sth day of the ensuing Michaelmas Term, and is to '
expire on that day, unless enlarged by order. Provided
always, that in cases where the above-mentioned periods
of H days and nine weeks respectively shall be extended
by virtue of this order, the seven days within which the
plaintiff is bound to file his affidavits in reply, and the
month during which a witness is subject to cross-examina-
tion, shall be respectively taken to commence from the ex-
piration of such extended period.
" 2. Any judge of the court whose chambers may be
open for business during any vacation may issue sum-
monses for the purpose of any proceeding before the Master
of the Rolls or any Vice-Chancellor at chambers after the
vacation.
" 3. The same course of procedure as is now in use as to
the production of documents ordered to be produced before
the hearing of a cause shall extend and be applied to the
production of documents ordered to be produced after the
hearing of any cause or matter.
" 4. In all cases in which the certificate of the chief
clerk is to be acted upon by the Accountant-General of
the Court without any further order, such certificate may
be signed and adopted by the judge on the day after the
same shall have been signed by the chief clerk, unless any
party desiring to take the opinion of the judge thereon ob-
tains a summons for that purpose before 12 of the clock on
that day. And the time for applying to discharge or vary
such certificate, when signed and adopted by the judge, is
to be two clear days after the filing thereof.
"5. In all cases in which any person required to be
served with notice of a decree or order pursuant to the Bth
rule of the 42d section of the act 15th and 16th Victoria,
a. 86, may be an infant, or a person of unsound mind not
found so by inquisition, the notice is to be served upon
such person or persons, and in such manner as the judge to
whose court the cause is attached may direct.
" 6. Guardians ad Went appointed for infants, or persons
of unsound mind not found so by inquisition, who shall be
served with notice of any deem ee or order, are to be ap-
pointed in like manner as guardians ad litem to answer and
defend are now appointed in suits on bills filed.
" 7. At any time dtiring the proceedings at any judge's
chambers under any decree or order the judge may, if he
shall think fit, requiie a guardian ad litem to be appointed
for any infant, or person of unsound mind not found so by
inquisition, who has been served with notice of such de-
cree or order.

"8. In all cases in which notice of a decree or order
shall be served pursuant to the Bth rule of the 42d section
of the act 15th and 16th Victoria, c. 86, the notice so served
is to be entitled in the cause, and there is to be endorsed
thereon a memorandum in the fo-in or to the effect follow-
ing—that is to say, ' Take notice that, from the time of
the serving of this notice, you [or, as the case may he, the
infant or person of unsound mind] will be bound by the
proceedings in the above cause in the same manner as if you
or the said infant or person of unsound mind] had been
. originally made a party to the and that you [or the
said infant or person of unsound mind] may, by an order
of. course, have liberty to attend the proceedings under the
wlthin-meationed decree or order. And that you [or, the
said infant, or person of unsound mind] may, within one
mont:n after the service of this notice, apply to-the Court
to add to the decree or order.'
" 9. The charges for copies of pleadings, and other pro-
ceedings and documents furnished under the general orders
of the 25th of October, 1852, order No. 1,
insections 2,3,
and 4, to a person admitted to sue or defend forma 'Nu_
peris, or to his solicitor, by or on behalf of any other party,
shall be at the rate of Ltd, per folio. Provided always,
that if such person shall become entitled to receive divers
costs, the charges for such copies shall be atithe rate of 41
per folio ; and nothing shall be allowed on taxation in re-
spect of such charges until such person or his solicitor shall
have paid or tendered to the solicitor or party by whom
such copies were furnished the additional 2id. per folio.
But this proviso shall not apply to any copy which shall
have been furnished by the party himself, who is directed
to pay the costs, and not by his solicitor.
" 10. The charges for copies furnished by a person ad-
mitted to sue or defend in forma pauperis, other than these
furnished by his solicitor, shall be at the rate of 4d. per
folio.

" 11. Expenses incurred in consequence of affidavits
being prepared or settled by counsel are to be allowed only
when the taxing-toasters shall, in their discretion and on
consideration of the special circumstances of each case,
think such expenses properly incurred ; and in such case
they are to bo at liberty to allow the same or such rarts
thereof as they may consider just and reasonable, whether
the taxation be between solicitor and client or between
party and party.
"12. Any party who may be dissatisfied with the allow-
ance or disallowa ice by the Taxing-Master, in any bill of
costs taxed by him, of the whole or any part of any item
or items, may, at any time before the certificate is signed,
deliver to the other party or parties interested therein, and
carry in before the Master, an objection in writing to such
allowance or disallowance, specifying therein, by a list in a
short and concise form, the items or item, or parts or part
thereof objected to, and may thereupon apply to the Mas-
ter for a warrant to review the taxation in respect of the
same.

" 13. Upon the application for such warrant, or upon
the return thereof, the Taxing-Master is to reconsider and
review his taxation upon such objection, and he may, if
he shall think fit, receive further evidence in respect there-
of ; and, if so required by either party, ho is to state,
either in his certificate of taxation or by reference to such
objection, the ground and reasons of his decision thereon,
and any special facts or circumstances relating thereto.
"11. Any party who may be dissatisfied with the certi-
ficate of the Taxing-Master, as to any item or part of the