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The principal object of the Editor in the compilation of this Work has been to concentrate, under distinct heads, all the new Orders of the Court of Chancery, so as to present them to the student and practitioner in a condensed and classified form, together with the various decisions that have taken place upon such of them as have come under the consideration of the Court since they were issued.
To accomplish his purpose, the Editor has adopted an alphabetical arrangement of the various proceedings to which the new Orders relate, and under each head has stated the substance and effect of all the Orders affecting the particular proceeding referred to in it. Thus, under the head of Bill will be found, first, all the new Orders relating to amendment of bills; then all such as relate to the dismissal of bills; thirdly, those relating to the interrogatories now to be inserted in bills; and lastly, those relating to the marking of bills; and in the notes the cases that have been decided upon such of those Orders as have received a judicial interpretation.
The Editor has been studiously careful to render this part of his work as clear and intelligible, and at the same time as accurate as possible; and he believes that all the Orders are correctly analyzed ; but in order that the reader may, if necessary, test the accuracy of his analysis, should any particular Order come into question, he has invariably added the number and description of each Order, so that an easy reference may be made to the Order itself in the APPENDIX.
The Editor was at first desirous of arranging the Orders chronologically as well as alphabetically in the Analysis, but he soon found this to be impracticable; and as the chronological order is preserved in the APPENDIX, there will be little difficulty in referring to them in that form should it be deemed desirable so to do.
Since the Orders of 1828 have come into operation, several Acts of Parliament have been passed, which have materially altered the practice and proceedings of Courts of Equity; and the Editor, conceiving it would add to the utility of his Work, has given an abstract of them, together with the decisions that have taken place upon them in Courts of Equity; and such of the sections as are likely to be adverted to in general practice being set forth almost verbatim, a reference to the Acts themselves will, it is hoped, rarely be found necessary.
In arranging these, the Editor conceived it would be more convenient if the Acts 11 Geo. 4 & 1 Will. 4, c. 36, and 2 Will. 4, c. 58, relating to taking Bills pro confesso, immediately followed the analysis of the Orders, several of their enactments and the rules contained in them being intimately connected with some of the New Orders; and those Acts, therefore, together with the Acts for effectuating service of process on persons out of the jurisdiction, &c., form the Second Chapter. Then follow the Acts for regulating the proceedings and practice of the Court of Chancery, passed in the late and present reigns, and the recent Act for abolishing the equity jurisdiction of the Court of Exchequer; and in the last Chapter are the remainder of the Acts (the 11 Geo. 4 & 1 Will. 4, c. 36, above referred to, being one) usually denominated “ Sugden's Acts.”