The Sun.
London, England, 1831-12-10 00:00:00

for proceeding in the cause as shall appear to the Court to
be reasonable ; and in case the plaintiff or plaintiffs do ap-
pear upon the motion to dismiss,• and give the undertaking
to file a replication, and take the other proceedings conse-
quent thereon, hereinbefore required, then all the rules and
regulations, with respect to the commission and the re-
turn thereof, and the setting down the cause for hearing,
and the rights of the defendant with respect to the com-
mission, in case of any default on the part of the plaintiff,
which are particularly expressed in the next order, shall
apply to all cases under this order.
17th. That where the plaintiff files a replication, with-
out having been served with a notice of motion to dismiss
the bill for want of prosecution, he shall serve the sub-
peso& to rejoin; and in case he requires a commission to
examine witnesses, shall obtain and serve an order for such
commission within three weeks from the filing of the re-
' plication, and such commission shall at the latest be re-
turnable on the first return of the second term then next

following ; and the plaintiff shall give his rules to produce

witnesses, and pass publication at the latest in the same
term, and shall set dow❑ his cause for bearing, and duly
serve the subpoena to hear judgment, returnable i❑ the
succeeding term; and if tie plaintiff shall make default
herein, then upon application by the defendant, upon notice
of motion, the plaintiff's bill shall stand dismissed out of
Court with costs, unless the Cout t shall make special order to
the contrary; and in case the plaintiff serves a subpeena, to
rejoin within three weeks after filing replication, but does not
obtain and set ve an order fora commission to examine wit.
nesses within that time, then the defendant shall be at
liberty without notice to obtain an order fur a commission
to examine witnesses, returnable at the like period as the
plaintiff is entitled to pursuant to this order, and shall
have the carriage of such commission. And if the plain-
tiff obtains an order for and sues out a commission, and
neglects to execute and return the same at or within the
time stated in this order, the defendant shall be entitled to
an order as before stated for a commission, returnable on
the last return of the term following that which is allowed
to the plaintiff by this order for the return of his commis-
sion. And when any commission issues pursuant to this
order, or the last foregoing order, the parties shall have
liberty to execute the same in term time, and publication
shall stand enlarged until the commission shall be return-
able ; and the plaintiff shall be at liberty to set down the
cause in the meantime, without the necessity of inserting
such directions in the order for the commission.
18th. That publication shall not be enlarged except
upon special application to the Court, made upon notice
supported by affidavit, and at the cost of the party apply-
ing, unless otherwise ordered by the Court.
19th. That the time which occurs between the last seal
after Trinity Term and the first seal before Michaelmas.
Term, and between the last seal after Michaelmas Term
and the first seal before Hilary Term, shall not be reco-
vered in the computation of the time which is allowed to
a party for amending any bill, for tiling, delivering, or re-
ferring exceptions to any ans'aer, or for obtaining a Mas-
ter's report upon any exceptions.
24th. That when a defendant, in contempt for want of
answer, obtains, upon filing his answer, the common order
to be discharged as to his contempt on payment or tender
of the costa thereof, or the plaintiff accepts the costs
without order, he shall not by such acceptance be com-
pelled, in the event of the answer being insufficient, to
:econnnence the process of contempt against the defen-
dant, but shall be at liberty to take up the process at the
point to which he had before proceeded.
76th. That where a Master is directed to settle a con-
veyance or to tax costs in case the parties differ ab )ut the
same, then the party claiming the costs, or entitled to pre•
pare the conveyance, shall bring the bill of costs, or the
draught of the conveyance, into the Master's office, and
give notice of his having so done to the other party ; and
at any time within eight days after such notice such other
party shall have liberty to inspect the same without fee,
and may take a copy thereof if lie thinks fit. And at or
before the expiration of the eight days, or such further
time as the Master shall in his discretion allow, he shall
then either agree to pay the costs, or adopt the convey-
ance, as the case may be, or signify his dissent therefrom,
and shall thereupon be at liberty to tender a sum of money
for the costs, or to deliver• a statement in writing of the
alterations which lie proposes in the draught of the con-
veyance. But if lie make no such tender, nor deliver any
such statement in writing, or if the other party refuses to
accept the sum so tendend, or to adopt the proposed alter-
ations in the draught of the conveyanels, the Master shall
then proceed to tax the costs, or settle the conveyance ac-
cording to the practice of the Court. And in case the
taxed costs shall not exceed the sum tendered, or the Master
shall adopt the proposed alteration in the draught of the
conveyance, then the costs of the citition, or the costs of
the proceeding, with respect to the conveyance, shall be
borne by the other party.
82d. And whereas the present practice that causes can
only be entered for hearing during the time of term, and
that the subpoena ad audiendum judicium can only be
then returnable, is productive of great delay and incon-
venience ; it is hereby ordered, by the said Lord Chancel-
lor, with the advice and assistance aforesaid, that from
henceforth causes may be set down for hearing, and the
subpoena ad audiendum judicium served and returnable,
on any day, as well out of term as in term, and this order is
to be called the order • and it is further ordered that
the aforesaid 82d order shall take effect immediately, and
the aforesaid amended orders shall take effect on the first
day of Hilary term next.
(Signed) BROUGHAM, C.
JOHN LEACH, M. R.

LAVISCELOT SHADWI:LL, V.