« PreviousContinue »
The High Court of Chancery,
CAS ALTERED BY
THE 230 NOVEMBER, 1831,
The ORDERS ISSUED IN PURSUANCE THEREOF,
THE INSTRUCTION OF THE JUNIOR MEMBERS OF THE PROFESSION.
FORMS OF WRITS, AND THE ORDERS COMPLE TO 1837,
BY WILLIAM RICHARDSON,
Law Bookseller and Publisher;
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.
The High Court of Chancery..
OF A BILL IN CHANCERY AND PROCESS
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 subpæna to be directed to the defendant, commanding hin), 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 subpæna a præcipe or subpoena note must be left at the Subpæna Office, of the following form :