AN

EPITOME

OF THE

PRACTICE

OF

The High Court of Chancery,

AS ALTERED BY

THE ORDERS OF THR 3D APRIL, 1828,
THE 23D NOVEMBER, 1831,

THE CHANCERY REGULATION ACT, 3 & 4 W. 4, c. 94,

AND

THE ORDERS ISSUED IN PURSUANCE THEREOF,

ON THE 21ST DECEMBER, 1833, AND 5TH MAY, 1837.

ADAPTED FOR

THE INSTRUCTION OF THE JUNIOR MEMBERS OF THE PROFESSION.

WITH

An Appendix

OF

FORMS OF WRITS, AND THE ORDERS COMPLETE TO 1837,

&c. &c.

BY WILLIAM RICHARDSON,

SOLICITOR.

LONDON:

A. MAXWELL, BELL YARD, LINCOLN'S INN,
Law Bookseller and Publisher;

AND MILLIKEN AND SON, DUBLIN.

MDCCCXXXVIII.

LONDON:

PRINTED BY C. ROWORTH AND SONS, BELL YARD,

TEMPLE BAR.

PREFACE.

THE Compiler of the following pages has long thought that a treatise, such as the present, would be found very useful, not only to the young clerk, but also to such members of the profession as have not had much experience in the practice of the Court of Chancery, as it will be found to embrace, at the least, the heads of almost every thing necessary to guide the practitioner in conducting a suit through its several stages, from its commencement to the final Decree; and will, in a great measure, save the trouble of a reference to the larger books of practice in the first instance, and as such the compiler introduces it to the notice of the Profession.

AN EPITOME

OF THE

PRACTICE

OF

The High Court of Chancery.

OF A BILL IN CHANCERY AND PROCESS OF CONTEMPT.

THE first process in this Court is a subpoena to appear and answer, which supposes a bill to be previously filed, therefore the bill begins the suit.

The bill may be prepared by the plaintiff's solicitor, but then it must be perused and signed by counsel; it is therefore most usual for counsel to prepare the same in the first instance from written instructions laid before him for that purpose, containing a full statement of the subject of complaint, and prays for a writ of subpoena to be directed to the defendant, commanding him, within a certain time after the service of the writ, to cause an appearance to be entered for him in the Court of Chancery, and to answer concerning the things alleged against him, upon pain of an attachment and other process of contempt.

To sue out and obtain the subpoena a præcipe or subpoena note must be left at the Subpoena Office, of the following form :

B'