Page images

the Act to be held to make it compulsory upon the complainant or complainants in any suit in any of the said respective Courts to serve with process, or bring before such Courts respectively any party or parties, person or persons, further or otherwise than such complainant or complainants were then by law or the practice of such Courts respectively required to do (a).

As to 4 & 5 Will. 4, c. 82, intituled, “ An Act to

amend and extend an Act of the Second Year of
His present Majesty, to effectuate the Service of
Process issuing from the Courts of Chancery and
Exchequer in England and Ireland.”

extended to


By s. 1, it is enacted that all the provisions The provicontained in the Act 2 & 3 Will. 4, c. 33, relat- Will. 4, c. 33, ing to suits instituted in the said Courts respec- suits concerntively concerning lands, tenements, or heredita- charge, lien, ments situate in England, or Wales, or in Ireland respectively, shall be extended and applied to all suits instituted in the said Courts respectively concerning any charge, lien, judgment, or incumbrance thereon, or concerning any money vested in any government or other public stock, or public

(a) For the decisions upon this and the next statute see tit. "SUBPENA," pp. 113, 114, ante.

shares in public companies or concerns, or concerning the dividends or produce thereof; and the provisions in the said Act, authorising the said Courts respectively to direct that the service in any part of the united kingdom of Great Britain, or Ireland, or the Isle of Man

respecte tively, of any subpæna or subpænas, letter mismissive or letters missive, and of all subsequent process to be had thereon, upon any defendant or defendants in such suit then residing in such parts of the united kingdom, or the Isle of Man, in which he, she, or they shall be served, shall be deemed good service of, or be made upon, such defendant or defendants, upon such terms, and in such manner, and at such time as to such Courts respectively shall seem reasonable, and that thereupon it shall and may

be lawful for such Courts respectively to proceed upon

such service as fully and effectually as if the same had been duly made within the jurisdiction of such Courts respectively, shall be and they were thereby extended to any defendant or defendants in any such suit or suits as

thereinbefore mentioned, who shall appear by And to de. affidavit to be resident in any place, specifying dent in any the same, out of the united kingdom of Great the jurisdic. Britain and Ireland; and that it shall and

may be lawful for the said Courts respectively, on motion in open Court, of any

of the complainants in any such suit, founded upon an affidavit

[ocr errors]


answer upon

or affidavits, or such other documents as may be applicable for the purpose of ascertaining the residence of the party, and the particulars material to identify such party and his residence, and also specifying the means whereby such service may be authenticated, and especially whether there are any British officers, civil or military, appointed by or serving under his Majesty, residing at or near such place, to order that service of subpæna to appear and

the party, in the manner thereby directed, or, in case where the said Courts respectively shall deem fit, upon the receiver, steward or other person receiving or remitting the Service upon rents of the lands or premises (if any) in the suit steward, &e. mentioned, returnable at such time as the said good where Courts respectively shall direct, shall be deemed direct. good service of such party, and afterwards, upon an affidavit of such service had, to order an appearance to be entered for such party, in such manner and at such time as the said Courts respectively shall direct; and that thereupon it shall be lawful for such Courts respectively to proceed upon such service, so made as aforesaid, as fully and effectually as if the same had been duly made within the jurisdictions of such Courts respectively.

Court shall

S. 2. Where it shall appear upon affidavit, Conrt may to be made to the satisfaction of the said Courts cuted service

where de respectively, that any defendant in any such evades, &c. suit as before mentioned cannot, by reasonable

diligence, be personally served with the subpoena to appear and answer, or that, upon inquiry at his usual place of abode, he cannot be found, so as to be served with such process, and that there is just ground for believing that such defendant secretes or withdraws himself, so as to avoid being served with the process of such Court, then, and in all such cases, it shall and may be lawful for the Court to order that the service of the subpoena to appear and answer shall be substituted in such manner as the Court shall think reasonable and direct by such order.


The Acts of 3 & 4 Will. 4, c.94; 3 & 4 Vict. c.94; and 4 8 5 Vict. c. 52, for regulating the Practice and Proceedings of, and facilitating the Administration of Justice in, the Court of Chancery; of 5 Vict. c. 5, for abolishing the Equity Jurisdiction of the Court of Exchequer, and appointing additional Judges in Equity; and of 2 8. 3 Vict. c. 54, relating to the Custody of Infunts.

As to the 3 & 4 Will. 4, c. 94, intituled, “ An Act for regulating the Proceedings and Practice of certain Officers in the High Court of Chancery in England."

By this Act various regulations were made with regard to the registrars of the Court and the report office, but the enactments of importance to the practitioner relate principally to the mode in which interlocutory motions, e.g. motions for time to plead, answer, &c. and to amend bills, shall be heard and determined, they being transferred to the Masters instead of being made to

« PreviousContinue »