The Sun.
London, England, 1841-09-07 00:00:00

PARLIAMENTARY PAPER.
COURT OF CHANCERY,
RULES, ORDERS, AND REGULATIONS MADE BY THE LORD
CHANCELLOR, WITH THE ADVICE AND CONSENT OF THE
MASTER OF THE ROLLS, RELATIVE TO THE FORMS AND
MODE OF PROCEEDING IN THE COURT OF CHANCERY.
ORDER OE COURT, AUG. 26, 1841.
The Right Hon. Charles Christopher Lord Cotten-
,Lord High Chancellor of Great Britain, by and
ith the advice and assistance of the Right Hon. Henry
Lord Langdale, Master of the Rolls, doth hereby, in
pursuance of an Act of Parliament passed in the fourth
year of the reign of her present Majesty, entitled " At.
Act for Facilitating the Administration of Justice in the
Court of Chancery," and of an Act passed in the fourth
and fifth years of the reign of her present Majesty, en-
titled " An Act to amend an Act of the fourth year of
her present Majesty, entitled An Act for facilitating the
Administration of Justice in the Court of Chancery,"'
r order and direct in manner following, that is to say :-
1. That there shall forthwith be prepared a proper al-
phabetical book for the purposes after-mentioned, and
that such book shall be called the solicitors' book, and
shall be publicly kept at the office of the Six Clerks, to
be there inspected without fee or reward.
2. That every solicitor, before he practise in this
Court in his own name, solely, and not by an agent whose
name shall be duly entered as after-mentioned, and every
solicitor before he practise as such agent, shall cause to
be entered in the solicitor's book, in alphabetical order,
his name and place of business, or some other proper
place in London, Westminster, or the borough of South-
wark, or within two miles of Lincoln's Inn-hall, where
he may be served with writs, notices, orders, warrants,
rules, and other documents, proceedings, and written
communications, in causes and matters depending in this
Court, and as often as any such solicitor shall change
his place of business, or the place where he may be served
as aforesaid, he shall cause a like entry thereof to be
made in the solicitors' book ; and that the above-men-
tioned entries shall be made in such book by the said
Six Clerks, who shall be entitled to a feelof ls. for every
such entry ; and that the fund arising from such pay-
ment shall be applied in the first instance in paying the
expenses of providing and keeping such book.
3. That all writs, notices, orders, warrants, rules, and
other documents, proceedings, and written communica-
tions, which do not require personal service upon the
party to be affected thereby, shall be deemed sufficiently
served if such document, or a copy thereof, as the case
may be, shall be left at the place lastly entered in the
solicitors' book by the solicitor of such party ; and if
any solicitor shall neglect to cause such entry to be
made in the solicitors' book as is required by the second
order, then the fixing up a copy of any such writ, notice,
order, warrant, rule, or other document, proceeding, or
written communication for such solicitor in the said Six
Clerks'-office shall be deemed a sufficient service on him,
unless the Court shall, under special circumstances, think
fit to direct otherwise.
4. That if any solicitor shall give his consent in
writing that the service of all or any writs, notices,
orders, warrants, rules, or other documents may be
made upon him through the Post-office or otherwise,
such service shall be deemed sufficient if made in such
manner as such solicitor shall have so agreed to ac-
cept ; but it shall be competent for any solicitor giving
such consent at any time to revoke the same by notice

in writing.
5. That no person shall be allowed to appear or act,
either in person, by solicitor or counsel, or to take any
proceedings whatever in this Court, either as plaintiff,
defendant, petitioner, respondent, party intervening, or
otherwise, until an entry of the name of his solicitor and
his solicitor's agent, if there be one, or if he act in per-
son his own name and address for service, shall have
been made in the solicitors' book at the office of the Six
Clerks ; but if such address of any person so acting in
person shall not be within London, Westminster, or the
borough of Southwark, or within two miles of Loncoln's
Inn-hall, then all services upon such person not requir-
ing to be made personally shall be deemed sufficient if a
copy of the writ, notice, order, warrant, rule, or other
document to be served, be transmitted to him through
her Majesty's Post-office to such address as aforesaid.
6. That no writ of attachment with proclamations, nor
any writ of rebellion, be hereafter issued for the purpose
of compelling obedience to any process, order, or decree
of the Court.
7. That no order shall hereafter be made for a mes-
senger or for the Sergeat-at-Arms to take the body of
the defendant for the purpose of compelling him to appear
to the bill.
8. That if the defendant, being duly served with a
subpcena to appear to and answer the bill, shall refuse
,pr neglect to appear thereto, the plaintiff shall, after the
expiration of eight days from such service, be at liberty
to apply to the Court for leave to enter an appearance
for the defendant ; and the Court, being satisfied that
the subpmna has been duly served, and that no appearance
has been entered by the defendant, may give such leave ac-
cordingly ; and that thereupon the plaintiff may cause
an appearance to be entered for the defendant, and there-
upon such further proceedings may be had in the cause
as if the defendant had actually appeared.
9. That upon the sheriff's return non est inventus to
an attachment issued against the defendant for not
answering the bill, and upon affidavit made that due
diligence was used to ascertain where such defendant
was at the time of issuing such writ, and in endeavour-
ing to apprehend such defendant under the same, and
that the person suing forth such writ verily believed at
the time of suing forth the same that such defendant-
was in the county into which such writ was issued, that
the plaintiff shall be entitled to a writ of sequestration
in the same manner that he is now entitled to such writ
upon the like return made by the Sergtiant.at-Arms.
melnO. t,
sThha:lilt
hneorelvarfitte
ro f
bee icsustuioe
an , norany Iri tof
the purpose
oseaot tfaeh-
re-
quiring or compelling obedience to any order or decree
of the High Court of Chancery, but that the party re-•
quired by any such order to do any act shall, upon being
duly served with such order, be held bound to do such
let in obedience to the order.
11. That if any party who is by an order or decree
ordered to pay money, or do any other act in a limited
time, shall, after due service of such order, refuse or ne-
glect to obey the same according to the exigency thereof,
the party duly prosecuting such order shall, at the expi-
ration of the time limited for the performances thereof,
be entitled to an order for a Sergeant-at-Arms, and such
other process as he bath hitherto been entitled to upon
a return non est inventus by
.the Commissioners named
in a commission of rebellion issued for non-performance
of a decree or order.
12. That every order or decree requiring any party to,
do an act then by ordered shall state the time after ser-
vice of the decree or order within which the act is to be
done ; and that upon the copy of the order which shall
be served upon the party required to obey the same there
shall be endorsed a memorandum in the words or to the
effect following, viz.—" If you, the within-named A. 8.,
neglect to perform this order by the time therein li-
mited, you will be liable to be arrested by the Sergeant-
at-Arms attendine. the High Court of Chancery, and
also be liable to have your estate sequestered for the
purpose of compelling you to obey the same order."
13. That upon due service of a decree or order for de-
livery of possession, and upon proof made of demand,
and refusal to obey such order, the party prosecuting
the same shall be entitled to an order for a writ of
assistance.
14. That the memorandum at the foot of the subpcena
to appear and answer shall hereafter be in the form fol-
lowing, that is to say, " Appearances are to be entered at
the Six Clerks'-office, in Chancery-lane, London ; and if
you do not cause your appearance to be entered within
the time limited by the above writ the plaintiff will be at
liberty to enter an appearance for you, and you ,will be
subject to an attachment and the other consequences of
not answering the plaintiff's bill if you do not put in
your answer thereto within the time limited by the
general orders of the Court for that purpose."
15. That every person, not being a party in any cause,
who has obtained an order, or in whose favour an order
shell have been made, shall be entitled to enforce obedi-
ence to such order by the same process as if he were a
party to the cause ; and every person not being a party
in any cause, against whom obedience to any order of
the Court may be enforced, shall be liable to the same
process for enforcing obedience to such order as if he
were a party to the cause.
16. That a defendant shall not be bound te'c answ-
statement or charge in the bill, unless sr, • vrany
titularly interrogated thereto, and and pee=
be bound to answer any int, . 4 detendeilt shall Het
those interrogatories - -errogaterY lit the except
awdajecEehnSellacnittdsehalnldsanhstwiesi•rearlyuitsetiatet?
answer ;cand viidere-
onii,eint ors'
..,,,arge•in
the bill
to
which he is not ititerrodakod
by stating his ignorance of the sitter id shied or
gasatl charged,7nl.as, b That
be
partu from
oc
the hf answert the
eneat
ce
each
pinerttihneenint.terro.
sgirtontibeeit4C"onnita'sainetdffi
thsehia..llabrie4
numbered
eety
ceoonnsveruiteinvetllyy.
1,2, 3, &c. ; and the interrogatories which each defend-
ant is required to "..eiswer shall be specified in a note at
That defendant (A. B.) is required to
the foot of Ole bill, in the form or to the effect following,
that is te sad—.
answer the interrogatories numbered respectively 1,2,
3, Rec." And the office copy of the bill taken by each
defendant shall not contain any interrogatories, except
those which such defendant Is so required to answer, un-
less eila, defendant shall require to be furnished with a
eepy of the whole IsTe
18. That the note at the foot of the bill, specifying
the interrogatories which each defendant is required to
answer, shall be eoesictered and treated as part of the
bill ; and the hddition of any such note to the bill, or
ans akteretion in or addition to such note, after the Bill
is it'w(l, shall be considered and treated as an amendment
of the
19.
at instead of the words of the bill now in use
preceding the interrogating part thereof, and beginning
with the words, "To the end therefore," there shall
hereafter be used words in the form, or to the effect fol-
lowing :—" To the end therefore that the said defend-
ants may, if they can, show why your orator should not
have the relief hereby prayed, and may, upon their se-
veral and respective corporal oaths, and according to the
beat and utmost of their several and respective know-
ledge, remembrance, information, and belief, full, true,
direct, and perfect answer, make to such of the several
interrogatories hereinafter numbered and set forth, as
by the note hereunder written they are respectively re-
quired to answer,—that is to say,
" 1. Whether, &c.
"2. Whether, &c.
20. That a defendant in a country cause shall be al-
lowed no further time for pleading, answering, or demur-
ring to any original or supplemental bill, or bill of sur-
vivor, or to any amended bill, than is now allowed to a
2i. defendantThaitn
aaftteoretuhi
ecaeuxspeiration of the time allowed to a
defendant to plead, answer, or demur (not demurring
alone) to an, original bill, if the defendant shall have
filed no plea, answer, or demurrer, the plaintiff shall be
at liberty to file a note at the Six Clerks'-office to the
following effect--" The plaintiff intends to proceed with
his cause as if the defendant had filed an answer tra-
versing the case made by the bill, and the plaintiff had
replied to such answer and served a gap= to rejoin