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London, England, 1833-11-27 00:00:00

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COURT OF' CHANCERY.

of

GENERAL ORDERS OF NO V. 26.

Whereas an Act was passed in the 3d and 4th years of the
reign of his present !Majesty, intituled " An Act for
the regulation of the proceedings and practice of certa n
Offices of the High Court of Chancery in England."
Now for giving effect to certain provisions in the said Act,
it is hereby ordered by the Lord Chancellor, together
with the Master of the Rolls, and the Vice Chancellor :
1. Tbat all writs of subpoena in this Court, shall be
Prepared by the solicitor of the party requiring the same,
and that the seal fur sealing the same shall be marked or
inscribed with the words " Subpoena Office, Chancery."
And such writs shall be in the forms mentioned at the
Lot of these orders as near as may be with such alterations
and variations as circumstances may require.
2. That a Precipe in the usual form, and containing
further the particulars hereinafter mentioned (as to the
names and residences of the solicitors issuing the same),
shall in all cases be delivered and filed at the Subpoena Office.
Anti that on a Subpoena for costs being sealed, tie order
sod certificate or report shall be produced to the officer
Staling the writ, as his authority fur sealing it.
3. That the name or firm and the place of business or
residence of the solicitor, or selicirore issuir g a eubpcena,
shall be indorsed thereon ; and where such solicitors shall
be agents only, then there shall be further indorsed
thereon the name or firm and place of business or resi-
dence of the principal siolieitor or solicitors.
4 That the service of sub! cenas shall be effected by
delivering a copy of the writ and of the indorsement
thereon, and at the same time:producing the original writ,
and that in all cases where a suhpcena might heretofore
have been served by leaving the body thereof at the party's
dwelling-house, or otherwise than personally, it shall be
sufficient to leave a copy of such subpoena in the same
manner, producing the original writ to the person with
Whom such copy shall be so left. That a gross sum or
fee of twelve shillings and sixpence shall be the amount
allowed in costs for each such subpoena, including the
Precipe attendance, and the sum p rid for sealing.
5. That the duti-s to be per formed in the office of the
Master of Reports and Entries, sh II be carried on as the
same were heretofore done, by the Master of the Report
Office.
6. That all decrees and orders of the High Court of
Chancey, shall be entered by the Clerks of Entries, under
the direction of the Master of Reports and Entries.
7. Th a all R ports and Exceptions to Reports, shall
be left with the Clerk of Reports, to be by birn filed and
preserved, under the direction of the Master of Reports
and Entries.

6. That a defendant shall aft,r appearance, and without
order, be allowed eight weeks' time to plead, answer, or
demur, not demurring alone to any original or supple•
Mental bill or bill of revivor on this day, or hereafter to
be files' in a town, cause and ten weeks in a country cause,
hut in e• ery cause for an injunction to stay proce• dings at
law, if the defendant do not plead, answer, or demur to
the plaintiff's bill within eight days after appearance, the
plaintiff shall be entitled, as of course, upon motion to the
common injuction for stay of the defends.nt's proceedings
at law.

9. That where a common injunction for want of
answer is awarded, the order shall recite, as the ground
for granting the same, that the defendant has omitted to
Put in his answer, plea, or demurrer, within the time
limited by the Court in that behalf.
10. That as to ad bills, whether original, amended,
supplemental, or of revivor, now or hereafter to be filed,
Whenever a party may desire to make an application to a
Master under the said Act, and no previous application
has been m tde in the said cause to any master, the name
of the Master in rotation shall be written on the face of
the bill, and entered in a book to be kept as alter di•
rected, in the manner hereina ter mentioned, and all ap-
plications authorized by the said recited Act, to be made
to a Master, shall be made to the said Master in rotation.
11. That as to all bills which shall have been filed be-
fore this day, where any reference has been made in the
utile, the name of the Master to whom the last reference
Was made in such cause, shall, at the request of either of
the parties to such cause, or his or her solicitor, be entered
in the said book, and shall he written on the face of the
original bill in such cause, before any application shall be
nsade in that c use, and all such applications shall be made
to such last-mentioned Master.
12. That in all cases where it shall become necessary
to ascertain the name of the Master in rotation, for the
purposes of the two preceding orders, one of the Six
Clerks shall give to the Solicitor for the plaintiff or de-
fendant requiring the same, a certificate of the suit tie
Pending, which certificate shall on the same or the
following fitly, be marked by the Master of the day, at the
Public Office in Chancery, with the name of the Master
in rotation for such cause, and such certificate so marked
OW, be on the same day returned to the Six Clerk, and
filed by him.
13. That all Special Applications under the said recited
Act shall be made by taking out a warrant returnable
within not less than two clear days, and at the foot thereof
a notice shall be written, specifying the object of the ap-
plication, and the same shall be served in like wanner as
notices of motion are served on the day the same is taken
Out.

14. That any order to he made by a Master on any
application to him by virtue of the said Act, shall be
drawn up and signed by the Master and delivered to such
one or more of the parties in the cause, their solicitors or
agents, as the Master shall think fit, and the same or a
minute thereof shall be entered in a boidc to be kept by

the Master for that purpose, which shall at all times
during office hours be accessible to the parties interested,
their solicitors or agents, provided that where more than
one party shall require to have the order a duplicate signed
by the Master, shall be delivered to each party requiring
the same, and for every such order or duplicate, there
shall be paid to the chief c!erk of the said Master the sum
of five shillings.
16. That a book shall be kept by the six clerks of
the Court of Chancery, in which the name of the
Master for each cause to whom, according to the above
regulations, such before-mentioned applications are to be
Made, shall be entered with the title of the cause so re-
ferred to him, which book shall, at all times during office
hours, be accessible to the parties interested, their solicitors
or agents.
16. Whereas the said recited Act directs that a fee
fund shall be created as therein mentioned, but the amount
necessary to constitute such fund cannot be ascertained
mail the amount of the compensations to be paid under
the said Act shall be fixed. It is hereby ordered that,
Until further order be made in that respect, the fees up to
this day legally receivable by the Masters and their clerks,
and by the Registrars and their clerks, shall consti-
tute the schedule of fees to be received by the Masters
and their clerks, and the Registrars and their clerks
tinder the said recited Act. And it is further ordered
that, until other directions be given for that re-
spect, the offices of this Court shall continue open for
the despatch of business, and the officers and clerks belong-
ing thereto shall attend in such offices in the discharge of
their business during such times and for such number of
hour. in each day as they have hitherto done under any
existing order or practice of the said Court.
17. That the present forms of decrees and orders with
the recitals therein usually contained shall continue until
further order.

BROUGHAM. C.
JOHN LEACH. NI. R.
LAUNCELOT SHADWELL V. C.

FORM OF SUBPCKNA TO APPEAR AND
ANSWER.

WILLIAM THE FOURTH, by the Grace of Gnd of the
United Kingdom of Great Britain and Ireland, King.
Defender of the Faith.
To Greeting. We command
you [and every of you, where more than one defendant]
that within [four days if a tuwn c tuse, or
eight days if a country cause] days after the eery ce of
this writ on you, exclusive of the day of swill service,
laying all other matters and excuses aside, you do cause
an appearance to be entered for you in our High Court of
Chancery to a bill [or as the wise may be " intormation.l]
[or "to an amended hill"or " informationl [or "of revisor"
or " revivor and supplement") [or "supp eti,ental filed
against you by and others or soother] and
that you du answer concerning ouch things as shall then
and there be alleged against you, and observe what our
said Court shall direct in this behalf, upon p tin of an at-
tachment issuing against your person, and such other
process for contempt as the Court shall award. Witness
ourself at Westminster the day of
the year of our reign.

COURTENAY.
[The following Memorandum to be placed at the foot.]
Appearances are to be entered at the Six Clerks'-office,
Chancery-lane, London.

FORM OF SUBKENA TO REJOIN.
WILLIAM, &C.
To Greeting.
We command you [and every of you that itatneili-
ately after the service of this wiit you do appear in our
High Court of Chancery then and there to rejoin and
Join in commission if thereunto required in a certain
cause their depending, wherein . [and others

or anther] tr. plaintiffs (and Minn or
avotberl are detendanto.
W,toesl, &c.

COURTENAY.

FORM OF SURPCENA TO HEAR JUDGMENT.
WILLIAM, &C.
To

Greeting.
We command you [aid every of you] that you
appear before our Lord High Chancellor [or " before his
Horour the Master of the Rolls," or betore " his Honour
the Vice-Chancellor," as the cause may be set down] on
the day of next, or whenever
thereafter a certain cause now depending in our High
Court of Chancery, wherein Land
others or another] are plaintiffs, anti
[and others or another] are defendants, shall come on for
hearing, then and there to receive and abide by such judg-
ment and decree as shall then or thereafter be made and
pronounced, upon pain of judgment being pronounced
against you by default. Witotss, &c.
COURTENAY.

FORM OF SUBPCENA FOR COSTS.
WILLIAM, loc.
To

Greeting.

We command you [and every of you] that you pay or
cause to be paid immediately after the service of this writ
to or the bearer of these presents £
costs by our Court of Chancery, adjudgtd to be paid by
you to the said under pain of an attachment
issuing Against your person, and such process for contempt
as the Court shall award in default of such payment.
Witness, &c. COURTENAY.

FORM OF SURPCENA TO TESTIFY VIVA VOCE
IN COURT, OR TO TESTIFY BEFORE THE
MASTER.
WILLIAM, &C.
To

Greeting.
We command you [and every of you] that laying al
other matters aside, and notwithstanding any excuse,
you personally be and appear before our Lord High
Chancellor, [or " before His Honour the Master of the
Rolls, or the Vice-Chancellor," or " before Mr. one
of the Masters of our High Court of Chancery,"] at such
time and place, as the bearer hereof shall by writing ap-
point, to testify the truth according to your knowledge in
a certain suit now depending in our High Court of Chan-
cery wherein [and others
or another] are Plaintiffs and
Lind others or another] are Defendants. On the part of
the . [in case of
Suhycena duces tecum, add "and that you, then and there
bring with you, and produce, t‘c."] And hereof fail not
at your peril. Witness, &c.

COURTENAY.

FORM OF SUBP CENA AD TEST AND DUCES

TECUM.
WILLIAM THE FOURTH, &C.
To

Greeting.

We command you [and every of you] that laying all
other maters aside, and notwithstanding any excuse, you
per.onally be and appear hrfore Mr. one of the
Examiners of Witnesses in our High Court of Chancery,
at his office in Rolls'- yard, Chancery-lane, London. at
such times as the bearer hereof shall by notice in writing
appoint, [or bt fore and others, Commis-
sioners appointed for the examination of Witnesses in our
Chang ry, at such times and places as the beater hereof
shad by notice in writing appoint,] to testify the truth ac-
cording to your knowledge in a certain cause depending in
our said Court of Chancery, wherein [and others
or another] are plaintiffs and Land others or
another] are defendanrs on the part of the [in
case of Subpoena duces tecurn, add, " and that you then
and there bring with you and produce," &c. And
hoed fail not at your peril. Witness, &c.
COURTENAY.

FORM OF SUBTIENA TO SHOW CAUSE
AGAINST DECREE.
Witwas, &c.
To Greeting.
We command you that within days
after the service of this Writ on you, exclusive of the day
of such service, you do show unto our High Court of
Chancery, good cause why a certain decree made by
on the day of
in a certain cause, wherein
[and another or others] are
Plaintiffs, and and
another or others] are Defendants, should not he binding
upon )ou. In default whereof such decree will stand and
be absolute against you. Witness, &c.
COURTENAY.