An Epitome of the Practice of the High Court of Chancery: As Altered by the Orders of the 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 |
From inside the book
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Page 2
... has however been altered by the Orders of the 21st De- cember , 1833 , by which the following Rules are laid down for the future practice as to the subpoena . 1st . That all writs of subpoena in this Court 2 OF A BILL IN CHANCERY.
... has however been altered by the Orders of the 21st De- cember , 1833 , by which the following Rules are laid down for the future practice as to the subpoena . 1st . That all writs of subpoena in this Court 2 OF A BILL IN CHANCERY.
Page 21
... rules as relate to an- swers , apply also to pleas . If a plea on argument deemed defective in point of form or substance , and therefore disallowed , yet either the benefit of it may be saved to the hearing of the cause , or it may be ...
... rules as relate to an- swers , apply also to pleas . If a plea on argument deemed defective in point of form or substance , and therefore disallowed , yet either the benefit of it may be saved to the hearing of the cause , or it may be ...
Page 23
... rules , as pleas , demurrers , causes , further directions , exceptions , and petitions , set down before the Lord Chancellor , have heretofore been heard and determined . And by Order 9 , That from and after the said 20th day of May ...
... rules , as pleas , demurrers , causes , further directions , exceptions , and petitions , set down before the Lord Chancellor , have heretofore been heard and determined . And by Order 9 , That from and after the said 20th day of May ...
Page 28
... rules of the Court are granted upon being asked for , and not allowed to be opposed . The manner of conducting a common motion of course is to give the junior counsel a short brief or motion paper , with the title of the cause , naming ...
... rules of the Court are granted upon being asked for , and not allowed to be opposed . The manner of conducting a common motion of course is to give the junior counsel a short brief or motion paper , with the title of the cause , naming ...
Page 40
... Rules of the Court , the defendant may move to dismiss his bill with costs for want of prosecution ; and each de- fendant , if there be more than one , may make this application independently of the others . The time in which the ...
... Rules of the Court , the defendant may move to dismiss his bill with costs for want of prosecution ; and each de- fendant , if there be more than one , may make this application independently of the others . The time in which the ...
Other editions - View all
An Epitome of the Practice of the High Court of Chancery: As Altered by the ... William Richardson No preview available - 2015 |
An Epitome of the Practice of the High Court of Chancery: As Altered by the ... William Richardson No preview available - 2018 |
Common terms and phrases
20th day Accountant affidavit allowed appear application attendance cellor certificate Chancellor or Vice Clerk in Court commission contempt copy thereof costs occasioned country cause Court of Chancery Decree or Order decretal Order deemed delivered eight days entered exceptions forma pauperis further directions heard High Court infant information or bill interrogatories liberty Lord High Chancellor marked Master in rotation Master's Office Master's Report motion or petition necessary obtained office copy Order of reference orders of course paid party payment person petitioner plaintiff or plaintiffs plaintiff's solicitor plea or demurrer plead præcipe proceed proceedings purpose Registrar rehearing require revivor Rolls scandal or impertinence seal Serjeant at Arms served signed by counsel Six Clerks special Order Subpana subpoena duces tecum Subpoena Office suit sworn taken taxed costs term thereto think fit tion unless the Court usual Vice Chancellor warrant words Lord Chancellor words Master writ
Popular passages
Page 139 - ... into the Bank of England in the name and with the privity of the accountant general of the Court of Chancery, to be placed to his account...
Page 125 - Office, specifying therein the dates and general description of the several proceedings which have been taken in any cause in the said office, whether such Clerk in Court be or not concerned as Clerk in Court in the cause ; and that he shall be entitled to receive the sum of three shillings and fourpence for such certificate, and no more.
Page 120 - But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable...
Page 130 - The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require.
Page 128 - Master is to be at liberty upon the application of any other party interested, either as a party to the suit or as one who has come in and established his claim before the Master, under the decree or order...
Page 11 - The day on which an order for security for costs is served, and the time thenceforward until and including the day on which such security is given, shall not be reckoned in the computation of time allowed to plead, answer interrogatories, or take any other proceeding in the cause or matter.
Page 133 - ... only, then also the name or firm and place of business or residence of the principal solicitor, shall in all cases be delivered and filed at the Central Office.
Page 126 - Clerical mistakes in decrees or decretal orders, or errors arising from any accidental slip or omission, may, at any time before an actual enrollment thereof, be corrected by order of the court or a judge thereof, upon petition, without the form or expense of a rehearing.
Page 142 - Do you know, or can you set forth, any other matter or thing which may be a benefit or advantage to the parties at issue in this cause, or either of them, or that may be material to the subject of this, your examination, or the matters in question in this cause? If yea, set forth the same fully and at large in your answer.
Page 81 - All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the accounts so brought in shall be at liberty to examine the accounting party, viva voce, or upon interrogatories in the master's office, or by deposition, as the master shall direct.