The Sun.
London, England, 1841-09-06 00:00:00

UNIVERSITY INTELLIGENCE.

CAMBRIDGE, SEPT. 4.—The Rev. Roger Smith, for-
merly of Magdalen College, in this University, has been
instituted by the Lord Bishop of Ely to the Rectory of
Astwick with Arsley Vicarage, in the county of Bedford.
There is a vacancy in the representation of this Uai-
versity, in consequence of the appointment of the Right
Hon. Henry Goulburn, M.A., of Trinity College, to the
office of Chancellor of the• Exchequer. The Right Hon.
Gentleman will be re-elected without opposition.
The Rev. Matthias Forrest, of Queen's College, in this
University, has been presented to the vicarage of Urs-
, Wick, Lancashire. Patrons, the landowners.

- -
THE AUGUST METEORS.--it appears that the
observation of the meteors usually seen in Aligns t was
this year preVented by the brightness of the moon'Light.

PARLIAMENTARY PAPER.
COURT OF CHANCERY.

RULE:., 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 OF COURT, AUG. 26, 1841.

The Right Hon. Charles Christopher Lord Cotten-
ham, Lord High Chancellor of Great Britain, by and
with 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 " An
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,'"
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 write, notices, orders, warrants,
rules, and other documents, proceedings, and written
come unications, in causes and matters depending in this
Cour; and as often as any such solicitor shall change
his I,lace 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 Is. for every
such entry ; and that the fund arising from such pay-
ment shall he 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 Ms 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 twreed 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 person, by solicitor or counsel, or to take any
ipeocecdings 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-hail, 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.
e. That no writ of attachment with proclamations, nor
any evrit of rebellion, be hereafter issued for the purpose
of „mtselling obedience to any process, order, or decree
of the Co.'rt.
7. That t. order shall hereafter be made for a mes-
eenger 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
subpceaa to appear to and answer the bill, shall refuse
or 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
ft r the defendant ; and the Court, being satisfied that
the subpoena, 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-
p m such further proceedings may be had in the cause
4,, if the defendant had actually appeared.
9. That upon the sheriff's return non est incentus 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 tile 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 Sergeant-at-Arms.
10. That no writ of execution, nor any writ of attach-
ment, shall hereafter be issued for the purpose of re-
quirine: or compelling obedience to any order or decree
of the Kigh 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
act 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 hath hitherto been entitled to upon
a return non est inventus by the Commissioners named
to a commission of rebellion issued for non-performance
of a decree or order.
12. That every order or decree requiring any party to
do en 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
sha)lb 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 attending the nigh Court of Chancery, and
also be liable to have your estate sequestered for the
purpose or 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
wistance.
14. That the memorandum at the foot of the subpoena
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 liiniteddey 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 hes obtained an order, or in whose favour an order
shall have been made, shall be entitled to enforce obedi-
ei.ci to such order.by the same process as if he were a
party to the cause ; and every person not being a party
in aay cause, apinst whom obedience to any order of
the Celli t 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 to answer any
stat me at cr charge in the bill, unless specially and par-
tit u arid- interrogated thereto, and a defendant shall
lint
be round to answer any interrogatory in the bill, except
tho e in teerogatories which such defendant is required to
answer ;
and where a defendant shall answer any state-
n- ent or charge in the bill to which he is not interrogated
on!y by L. Lather his ignorance of the matter so stated or
charged. such answer shall be deemed impertinent.
17. Tsiat the interrogatories contained in the interro-
gethic, part of the bill shall be divided as conveniently
as may
be from each other, and numbered consecutively
1,2, 3, sae. ; and the interrogatories which each defend-
;lnt is re Fired to ananswersh_ all be specified in a note at
the foot of the bill, in the form or to the effect following,
that is ti, say—"
That defendant (A. B.) is required to
answer the Interrogatories numbered respectively 1,2,
3, &e." .Uld the office copy of the bill taken by each
defendant shall not contain any interrogatories, except
those whi alt such defendant is so required to answer, un-
less suck defendant shall require to be furnished with a
copy of the whole bill.
18. Tb at the note at the foot of the bill, specifying
the hiteri ogatories which each defendant is required to
ansa er, eiall be considered and treated as part of the
bill ; and the addition of any such note to the bill, or
any alteration in or addition to such note, after the Bill
is file:1,511111 be considered and treated as an amendment
of the bill.
19. 'I hat instead of the words of the bill now in use
preceding he interrogating part thereof; and beginning
with the w -orris, " T 0 the end therefore," there shall
ht reeter bie 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 eeTiel hereby prayed, and may, upon their se-
verel an.d.res )ective corporal oaths, and according to the
best air utni :est of their several and respective know-
ledge, nor iei ibrance, information, and belief, full, true,
direct, ar l j•erfect answer, make to such of the several
in terrogt to ei.!s hereinafter numbered and set forth, us
by the rote hereunder written they are respectively re-
quired tatanswer,—that is to say,
" 1. Arheeller, &e.
e. W).etaer, &c.

20. MI vt a defendant in a country cause shall be al-
lowed no Amber time for pleading, answering, or demur-
ring a any original or supplemental bill, or bill of sur-
vivor, or to any amended bill, than is now allowed to a
defendant in a town cause.

21. Tirtt after the expiration of the time allowed to a
defendant to plead, answer, or demur (not demurring
_ Alonq, to an original bill, if tha defendant shall have
i P.Nffietino lea, answer, or demurrer, the plaintiff shall be
hr'"-niTilibe to file a note at the Six Clerks'-office to the
• - I . tollovirillg; ffect—" The plaintiff intends to proceed with
--; his, caus if the defendant had filed an answer tra-
:t- 1, 7- ' 3iiiratfig.:- II case made by the bill, and the plaintiff had
rts\j:
! = '=t •'::;-'rejilipd t.' ch answer and served a subpcena to rejoin"
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