The Sun.
London, England, 1828-04-08 00:00:00

SOLICITORS AND COS7S.

Where the same Solicitor employed for two defendants
ball proceed separately, the Master shall inquire whether
Quch separate proceedings necessary, and if not, shall dis-
allow costs.

Where plaintiff obtains a decree with costs, the costs oc-
casioned by the insufficiency of defendant's answers to be
costs in the cause ; and vice versa as to costs of amended
bill, where defendant obtains the decree.
Where plaintiff haying obtained such a decree, and is
not allowed the costs of unnecessary amendments, the de-
fendant's costs occasioned thereby shall be deducted.
Upon the allowance of plea or demurrer, plaintiff shall
nay to defendant the taxed costs; unless the plaintiff un-
dertakes to reply, in which case the costs shall be reserved.

. .
Defendant shall pay costa of plea or demurrer overruled;
unlesi the Court order otherwise.

Two Counsel, although }Nth selected out of the outei
till-, shall be allowed, if the Master think them necessar:,
or proper.

cause caned on and struck out by reason of the plain.
tiff's default, he shall pay costs of first setting down.
When cause adjourned, on payment.of costs of the day
such costs to be 10/., unless the Court order otherwise.

Whenever a cause cannot proceed conveniently at the
hearing, by reason of the Solicitor's neglect, either of non-
attendance or by not delivering any paper, &e., such So-
licitor shall personally pay to all or any parties snch costs
as the Court shall direct.
'That the sworn and waiting clerks shall be entitled to
no fees but where they do attend and each attendance is
necessary.

Solicitor to he entitled to a Le of 6s. Bd. for certifying
to register where cause first sot down ; and the like fee for
certifying where cause abated or compromised.

Bond for costs, by persons out of the jurisdiction, to be
increased front 407. to 1001.

The deposit upon exeptions to Master's report inerc.ised
to 101. ; and upon appeals and rehearings, to 20/.
Any clerk in court shall certify the dates and proceed-
ings in any cause, on payment of a fee of 3s. 4d:
Clerical mistakes, slips, or omissions, in decrees or de-
cretal orders, may be corrected before enrolment, or
petition

Application to stay proceedings upon a decree or order
to he made to the Judge by whom it wm pronounced and
every application for new trial to the Judge who directed
the former trial.

PROCEEDINGS IN TILE MASTEE'N OFFICE.

- Where reference not proceeded in within two months,
any other party may apply.
The Ma9ter shall keep a record of all the steps taken in
his office, and the attendance of parties, so as to exhibit at
one view the whole proceeding.
That upon the first warrant the Master shall direct
the whole course of proceedings, the manner in
which they shall go on, what shall be proved by
affidavit, and issue a certificate for a commission if
expedient ; order the attendance of parties ; proceed
ex-parte• in case of the non-attendaNce of any of
them, if he shall think fit, without review of such
proceeding, unless the Master satisfied that the ab-
sence not wilful, and then only on payment of costs.
Where the Master does not choose to proceed ay
park, he may certify the amount of costs to be paid
by reason of such absence, which may be recovered
upon petition to the Court. Where the party pro-
secuting the reference does not proceed with due
diligence, the Master may commit to another the
prosecution of the order. The Master shall certify
shortly, at the request of any party applying to the
Court, the state of proceedings in his office. He shall
he at liberty to proceed de die in diem; every war-
rant shall be peremptory ; he shall continue the at-
tendance during such time as he thinks proper; and
increase or disallow Solicitor's fees for attendance;
direct the production of papers, &c., and the manner
in which they may be inspected. All accounts shall
be brought in in the form of debtor and creditor ;
the parties accounting examined, if necemsaty, upon
interrogatories; and the accounts, when passed, en-
tered in the Master's book in the same manner as
receiver's accounts. The Master may direct
longer or shorter periods for receiver's ac-
counts and payment of balances ; may report, in the
first instance, without petition to the Court,as to the
management or letting of estates; but the receiver
to have no authority therein until the report con-
firmed. All affidavits read in court may be read be-
fore the Master; but no affidavits in reply, unless
introducing new matter, and at the Master's request.
"the Master may examine witnesses, viva voce, upon
subpoena ; may make separate reports upon the ap-
plicatioa of parties ; and where such separate reports
are of debts and legacies, he may certify the state of
the assets, whereupon parties interested may apply
to the Court. He may examine, upon warrant, into
any proceeding before him charged to be scandalous
or impertinent, and expunge the same. In decid-
ing on the sufficiency of answers, he shall consider
the relevancy or materiality of the statement, &c.
He may direct estates to he sold in the country or
elsewhere. Where the Master directed to settle a
conveyance, or to tax costs, the conveyance or bill
shall be brought into the office by the party claiming,
&c.; and if the other. party do not agree to the same
within eight days, the Master shall sett le a tax. When-
ever the same solicitor appears for different partiee,
the Master may order them to be represented by
distinct solicitors. All the above orders are to take
effect from the first day of next Easter Term,
The alterations which these orders propose to
make are in most cases improvements. The regula-
tion respecting the process of subpoena and the ser-
vice of subpoenas to rejoin, answer amended bill, &c.,
are useful; but it must not be forgotten, that there
are many very valuable suggestions in the report
connected with this subject, particularly as to the
dilatory, expensive, and often oppressive process of
attachment for contempt, which are not here alluded
to

The orders limiting the time for amending Bills,
are those respecting which great doubt is entertained
among many very experienced persons ; but the
comnion sense and common justice of a restriction
on the opportunity which this part of the practice
has afforded to unjust plaintiffs for harrassing de,
fendants is obvious. It must, nevertheless, he ad-
mitted to be a topic of considerable difficulty.
The regulations respecting costs are the most de-
cidedly novel of any of the alterations. Some of the
persons who have attempted to account for the mis-
chievous &Jays which have been occasionzdlyproved
to take place in the Court of Chancery, and among
these Lord Redesdale has been the loudest and
strongest in his opinions—have attribued them to
ale mutual courtesy and civility of solicitors, who
do not try to devour one another in Chancery, as
they do in other courts of Jaw; but that as the,
greater part of the costs come out of the fund, they
are satisfied to receive them from that source. Whe-
ther it be true that Solicitors in Chancery are more
or whether
and any
forbearance, r bdeealnc
amiable than attornies at law, we will not inquire;
n raayise, of that the consequence of their
gentleness courtesy
which
became so much a la mode under Lord Eldon's rule
and which Mr. Bentham has called the court-
plaister that covered a multitude of the wounds he
inflicted; but it seems to be quite clear that these
lamb-like qualities will no longer prevail. The new

'rules, as to rost::, w;11 rail up very different reeling:,
and litigation will certainly hot be less frequent.
The abject of the rules which apply tothe Master's
office, are to give to those most important officn-s
the active superintendence of the business brought
before them in a greater degree than they have
hitherto possessed that power. There can be no
question, we presume, as to the propriety of this
part of the alteration: for it has long been knots n
and admitted,that greaterabuses exist in the Master,:'
offices than in any other department of the Courts
of Equity. There is, however, still , much to be
done respecting these offices ; and until the unjust
and absurd practice of paying for copies as it at
present exists, and the whole system of fees payable
to the Masters and their clerks, shall be changed, no
real good will have been done.
If these alterations were to be the whole of what,
it is intended to effect, they would be worse than
useless ; they would he just as efficacious in the way
of remedying the evils which prevail in the adminis-
tration of justico in the Courts of Equity, as washing
the face of a leper would be to etre him of his dis-
ease. If they are considered—and so we take them
to be—as proofs of an earnest and honest desire,
entertained by a person who has the power to carry
his desire into performance, that a disgraceful and
absurd mass of abuse and evils shall be swept away,
and that one of the most valuable institutions of the
cnuntry shall be restored to purity and usefulness,
they ought to -be received with great satisfaction,
arid the exertions of all persona who are interested
in assisting the work of amendment ought to he re-
doubled, from the consciousness that what they have
hitherto done has not been in vain.—Morning Paper.

RUSSIA AND PERSIA.

(From the Literary Gazelle.)

On presenting the following Journal to our
readers, we have great pleasure in acknowledg-
ing, that it is derived from the best authority,
both as it gratifies ourselves and as it stamps the
relation with a very superior degree of public in-
terest. Other letters which have reached us
from Petersburgh and Tabrcez possess singular
importance at this moment ; but we do not feel
at liberty to go into their details. Suffice it to
say, that they are the latest from these parts;
and that on the frontiers of Persia the decided
opinion of British residents (who have the first
opportunities of forming a judgment) is sadly
against the chance of any successful resistance
tieing made to the advance of the Russians.—
" The unwise Shah, by deferring the payment.
of the money demanded by Russia (says one of
our letters) has occasioned a renewal of hostili-
ties; and the Russian army was under orders to
proceed to Tehran. It is difficult to foresee the
ultimate consequences—they must be fttal to.
Persia, certainly to the Shah. lie could not
await the arrival of the enemy at Tehran ; and in
attempting to quit it with his treasure, be would,
most likely, be attacked and plundered by hit
own subjects."
From Petersburgh we hesr so gratifying as
account of the Emperor Nicholas, that we arc
sure it must interest our readers when so much
depends on the personal characters of sovereigns,
and particularly, in as far as England is concern-
ed, on the personal character of the Russian
Autocrat. Again, we beg to state .that our in-
formation is from such sources as to enitle it to
no common consideration. " The Emperor k.:33'111
troll)t
he writer,tvill
lan
trust,Ei' a prosperous Englishman
n of
Superior
reign
tainly tto sovereign ever better deserved it. His
sentiments are so high and noble, and his private
and public life is so manly and dignified, that
he forms a model for gentlemen and monarchs.
This opinion is not simply my own, however
confirmed by my personal experience, but the
same that I hear froni all the foreign minister,
who have been strict observers of his conduct,
and wOio have seen him in days of difficulty anti
in boars of pleasure."
For the welfare of England and of Europe
we know not that we could publish a more se-tis
tiretory statement than this sketch of the Ernr,
peror Nichola', which is written by a most c.oin-
petent witness, and assuredly never exuected to
meet the public eye—consequently the inure
valuable.

The narrative appears to us to be extrcinci:
characteristic of Persia at this eventful thw'--
Ed. L. G.

♦ Dr.TAIL or OCCURRENCEs AT TABRltilz, FROM OCT. 24,
TO NOV. 5, 1827.

WEDNESDA Y, OCT. 24.—1 n the Morniug
letters arrived from Soufian, addressed to Aga
Reza and other heads of the divisions (kud
khudas). of Tabreez ; they were written by the
aons of Nuzzur Ali Khan. late chief of Maraud,
to inform the people of this city of the intended
early advance of the Russian force which sonic
days ago had arrived in that district. It was re-
commended that no opposition or resistance,
should be made ; for if the inhabitants remained

quiet, violence would not be offered to their
lives or property. These letters being intercept-
ed, were brought to the assuff ed dowlah .Alli ya
Khan, who immediately summoned the per;ort.
• to whom they were addressed, and accused theQ
'of inviting the enemy to the city. The kud
khudas, in the strongest terms, repelled this
charge ; but tha contents of the letters having
become public, the effect they were probably in-
tended to produce was perfectly fulfilled. Later
in the morning, a shah s ghollaum reached the
city from Soufian. He reported that a strong
advanced guard had arrived at that village just at
he was quitting it. The alarm from this moment
the citizens,
rapidly spread to every corner of Tabreez.—Thc
inhabitants of the suburbs were seen hurrying to,
pre-
sent report
eelfluogr et
of approach of while
Russian
within the walls;
in smaller numbers, were endeavouring to escape
into the country. Fear and extreme alarm were
depicted on the countenances of all. The pre-
did not pass unheeded by the Arrauk, and Ma-
zaunderoun troops, who, to the number of 5,000
or 6,000 men, had been left by the Shah for the
defence of the city. They were observed quietly
to lead their cattle, and, in small parties, to
move out of the town. This movement soon
became very general amongst them. Before
ro
army
mid-day the whole body had nearly quitted, on
the road to Tehran -
; some few of the chiefs and
less cowardly men alone remained lingering about
the place. Alli yat Khan was not early inform-
ed of the desertion of the troops. It is believed
that their alarm was increased by the threats of
the inhabitants of Tabreez, who, besides having
a great antipathy to the southerne, were anxious
that their deserted guardians might i6o.ve the city
being either apprehensive that they
_a
,
at-
tempt to plunder it before they quitted, or, by
a wetik defence, might subject the town to
treatment from the Russians. A lli yar Khan,
when apprised of their fli3ht, could only send
some of their chiefs an his own immediate
followers to stop the runaways. In his anger
he likewise ordered the Tabreez people to pur-
sue and plunder them. His orders were no
sooner issued, than a portion of the armed cit;sene
attacked and stripped the southerns who still re-
mained at their posts. About one o'clock there
were very few of the 5000; four hundred were
indeed brought back ; they vows e•cured within