The Sun.
London, England, 1849-11-09 00:00:00

NEW ORDERS IN CHANCERY

The following orders relating to the practice on
the common law side of the Court of Chancery.
dated the 29th of December, 1848, have been amended
since the last statute, by order of the Lord Chancellor
and the Master of the Rolls, dated the 3,1 of August,
1849 ; and by which order the 11th and 12th of the
general orders of the 29th of December, 1848, are
abrogated and discharged. The amended orders are
as follows:--
1. All former rules and orders regulating the
practice and proceedings of the Petty Thig-oa;e, so
far as the same are now in force, and are consistent
with the said Act of Parliament and with those
orders, are to remain in full force and effect.
2. These orders as to all suits, matters, and pro-
ceedings pending, -or hereafter to be commenced, are
(so far as the same is applicable to the state of such
matters and proceedings) to take effect on the Ist day
of January, 1849.
3. In the office of the Petty Bag, the office is to be
' open and closed on the same days ; the vacations are
to be observed at the same time, and the clerk is to
attend in the office during the same hours as are for
the satne purposes, and in relation to the same matters
appointed by the general rules of the Court of Chan-
cery in the office of the Clerks of Records and Writs,
aubjEct, nevertheless, to such alterations as for some
special reasons maybe at any time made by the Lord
Chancellor, with the advice and assistance of the Mas-
ter of the Rolls.
4. The Clerk of the Petty Bag is to have the
care and custody of the common law seal, and is to
use and employ the same for sealing such several
rits and all such documents and writings as are by
the said Act authorised to be sealed with the same
seal.
5. Affidavits, affirmations, and declarations to be
used in any proceeding on the common law side of
the court are to be sworn, affirmed, or declared be-
fore the Clerk of the Petty Bag, or before a Master
Extraordinary of the High Court of Chancery, and
are to be filed in the office of the Petty Bag.
6. Every writ, rule, or document issued or de-
livered out of the Petty Bag-office is to be tested or
dated on the day on which the writ is sealed or the
rule or document is made.
7. Every writ returned by the sheriff is to be im-
mediately filed, and thereupon the day and hour of
the filing are to be endorsed on the writ.
8. The Clerk of the Petty Bag, upon receiving the re-
turn of the transcript of the verdict of the jury and
proceedings or judgment of any court of common
law upon any issue in law or in fact, is to file the
same in the Petty BAg-office, and is to cause an
entry to be made of such verdict and proceedings or
judgment. and such transcript is to be annexed to the
original record in the Petty nag-office, and thereupon
the judgment of the court of common law is to be en-
tered on or annexed to the same record, in conformity
with the judgment of the court from which the tran-
script is returned.
9. Every solicitor whose name is duly enrolled as
such in the high Court of Chancery may act as an
attorney in any action, suit, or proceeding pending
on the common law side of the same court, and is to
be therein named and treated as the attorney of the
party by whom he is retained.
10. Any party changing or ceasing to employ his
attorney in the course of an action, suit, or proceed-
ing is to cause an entry of such change or cessa,
tion of employment to be made and entered with
the clerk of the Petty nag, and to cause notice
of such change or cessation of employment, and
of such entry, to be served on every party to
the action, suit, or proceeding; and until such entry
and notice shall have been made and served the former
attorney is to be deemed and taken for all purposes of
the action, suit, or proceeding, to be and remain the
attorney of the party.
13. The proceedings and trial in an action of scire
facias may take pLce and be had in such one of her
Aljesty's superior courts of common law as may be
chosen by the party applying to have the writ sealed.
. 14. A writ of scire facias to revoke letters patent

is not to be sealed-1, until the fiat of the Attorney
General is filed in the Petty Bag-office; 2, until the
name of some one of her Majesty's superior courts
of common law is endorsed or written thereon ; 3,
until a true copy of the writ and of any drawing or
plans annexed thereto (to be verified by affidavit) has
been filed in the Petty Bag-office.
15. If such writ has been sealed before the Ist of
January, 1849, and the record of the action has not
been carried or transmitted into the Court of Queen's
Bench, the name of some one of her Majesty's
superior courts 'of common law is to be endorsed on
the writ, and a memorandum thereof entered with
the clerk of the Petty Bag office before any subse-
quent proceeding is taken in the action.
16. The trial and any proceedings in an action of
scire facias are to take place in the court of com-
mon law, the name of which is endorsed or written
•
on the writ.
17. A bond of indemnity against costs to be in-
curred in the prosecution of an action of scire facias
may (if so desired by the Attorney-General) be taken
in the name of the clerk of the Petty Bag, but the
same is not to be deposited or filed in the office of the
Petty Bag unless the intended obligers, and the sums
for which they are to give security, be named by the
Attorney-General.
18. A bond of indemnity filed or deposited in the
Petty Bag office may, at the request of the Attorney-
General, be put in suit under such circumstances and
upon such terms and conditions as the Lord Chancellor
or the Master of the Rolls may approve of.
19. An appeal is to be entered by or on behalf of
any defendant who has been summoned by the sheriff
within eight days after the writ of scire facias has
been returned and filed.
The clerk of the Petty Bag office is, until further
orders, to receive and take the several fees which are
set forth in the schedule hereunder written, and is
to account for the same, and pay the amount thereof
into the Suitors' Fee Fund, in the same manner,
and at the same times as the clerks of records and
writs receive and pay the fees received by them in
their office.
(Here follows the schedule of fees above referred to.)

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 8.
HUBERT v. MORRIS.—JUDGMENT.
This appeal from the Vice• Chancellor of England
was argued before his Lordship about a year ago, and
stood over for judgment. The object of the appeal
was to deprive the defendant of anything but pauper
costs. It appeared that the plaintiff filed a bill against
the defendant, who appeared to it, and obtained an
order to defend in forma pauperis. Subsequently
the plaintiff abandoned his suit, and obtained an order
for the dismissal of the defendant, which the Master
certified should be upon payment to him of paupers'
eosts. The defendant, conceiving that he was entitled to
"Dives" costs, as he had succeeded in the suit, applied
to the Vice-Chancellor to send the matter back again
to the Master to review his certificates upon the basis
of full costs. His Honour took this view of the
matter and ordered accordingly, and the present ap-
peal sought to discharge that order.
The LORD CHANCELLOR this morning gave judg-
ment, and observed that in the report of the case by
Mr. Simmons it was stated that he had acquiesced in
the decision of the Master, which was a mistake. His
Lordship then alluded to the facts of the case, and
referred to the authorities, which he said were not
easily to be reconciled. The course, howeVer, which
appeared to him consistent with principle and reason,
and also'With justice, was, that no party should be
permitted to profit by the poverty of his opponent.
In the present case the person who had instituted the
suit had shown his inability to maintain it, and he
should not, therefore, be doing justice if he did not
award Dives, or full costs, to the defendant, who had
virtually succeeded in the suit.