The Sun.
London, England, 1841-11-18 00:00:00

DISTRINGAS ON STOCK.

The following order has been made under the recent
Act, tranferring the equity jurisdiction of the Court of
Exchequer to the Court of Chancery, for. ,regulating
the practice as to putting a
.d4trifigus on stock, whit;l7,
practise existed in Exchequer; and is by the Act trans-
ferred to Chancery :
" ORDER OF COURT.

" Wednesday, the 17th day of November, 1841.
" The Right Hon. John Singleton Lord Lyndhurst,
Lord High Chancellor of Great Britain; by and with the
advice and assistance of the Right Hon. Henry Lord
Langdale, Master of the Rolls; the Right Hon. Sir Lance-
lot Shadwell, Vice-Chancellor of England; the Hon. the
Vice-Chancellor James Lewis Knight Bruce, and the
Hon. the Vice-Chancellor James Wigram ; and in pur-
suance of an Act passed in the sth year of the reign of
her present Majesty, entitled An Act to make further
provisions for the Administration of Justice,' doth hereby
order and direct in manner following, that is to say:—
" 1. That any person or persons claiming to be inte-
rested in any stock transferable at the Bank of England,
standing in the name or names of any other person or
persons, or body politic or corporate, in the books of the
Governor and. Company of the Bank of England, may,
by his or their solicitor, prepare a writ of distringas pur-
suant to the said Act, in the form set out in the first
schedule to the said Act, and may present the same for
sealing at the Subpmna-office.
" 2. That upon the presentment of such writ for seal-
ing, and on leaving with the patentee of the Subpoena-
office an affidavit duly sworn by the person, or one of
the persons, applying for such writ, or his solicitor, be-
fore one of the Masters or Masters Extraordinary of this
Court, in the forin sot out at the foot of these orders,
the same writ shall (in conformity with the orders of
this Court for issuing and sealing writs of subpoena) be
forthwith sealed; with the seal the Subpcena-office ;
and such writ when sealed shall have the same force and
validity as the writ of distringas heretofore issued out of
the Court of Exchequer.
" 3. That such writ of distringas, and all process
thereunder. may at any time be discharged by the
order of this Court, to be obtained as of course upon
the petition of the party on whose behalf tho writ
was issued, and to be obtained upon the application
by motion, or notice, or by petition, duly served.
of any other person claiming to be interested in the
stock sought to be affected by such writ ; and that upon
or after such application, such costs thereof, and in rela-
tion thereto, and to the said writ, as to this Court shall
seem just, may, if this Court shall think fit, be awarded,
and ordered to be paid by the person or persons who ob-
tained such distringas, or upon an application by any
other person or persons, by such person or persons.
" 4. That the Governor and Company of the Bank of
England having been served with such writ of distringus,
and a notice not to permit the transfer of the stock in
such notice and in the said affidavit specified, or not to
pay the dividends thereon, and having afterwards re-
ceived a request from the party or parties in whose name
or names such stock shall be standing., or some person on
his or their behalf, or representing him or them, to allow
such transfer, or to pay such dividends, shall not by force
or in consequence of such distringas be authorised, with-
out the order of this Court, to refuse to permit such
transfer to be made, or to withhold payment of such
dividends for more than eight days after the date of such
request.
" 5. That upon leaving such affidavit as aforesaid with
the patentee of the Subpcena-office, there shall be paid
to such patentee the sum of Is. for filing such affidavit ;
and that within 24 hours from the time when such affi-
davit shall be so left, the said patentee shall pay the said
sum of Is. to the Clerk of the Affidavits, and cause such
affidavit to be filed and registered at the office of such
clerk.
" G. That upon the sealing of such writ of distringas
the sum of ss. 6d. shall be paid to the patentee of the
Subpcena-office, and that out of such sum the said pa-
tentee shall pity the sum of 4s. to the Accountant-Gene-
ral, to be by him placed to the credit of the account en-
titled 'the Suitors' Fee Fund Account.'
" 7. That for and in respect of the preparation and
service of such writ of distringas and the prcecipe and at-
tendance in respect thereof, such costs shall be allowed as
by the rules and practice of this Court are allowed for
the preparation, and service, and attendance in respect of
a writ of subpoena to answer a bill."