Page images

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

diligence, be personally served with the subpena 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 & 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 the Court; to the regulation of the fees to be taken for office copies, and the mode of drawing up decrees and orders; and to the examination of witnesses before the examiner. In pursuance of these enactments several Orders were issued on the 21st December, 1833, which will be found set forth at length in the Appendix, post, and are also referred to in the Analysis, ante.

The following is an abstract of its enactments:

Offices abolished.

Sect. 1. The office of Master of the report office, and the office of entering clerks, or entering registrars of the Court, and of clerk of the exceptions, and agent to the senior deputy registrar to be abolished.


Sect. 2. Six registrars to be appointed.

Registrars to attend each

Sect. 3. The registrars to attend each judge judge of the of the Court, as the Lord Chancellor, with the

concurrence of the Master of the Rolls or the Vice Chancellor, or one of them, shall direct.

Clerks to registrars.

Sect. 4. Six clerks to the registrars to be appointed.

Sect. 5. On all future vacancies of the office ment of sixth of sixth clerk to the registrars, the Lord Chan

Mode of future appoint


cellor to appoint some proper person who has been admitted a solicitor of one of the Courts of Westminster, or has served a clerkship of five years to a solicitor of one of the said Courts.

Sect. 6. R. W. Fry and R. H. Leach to act Assistant as assistant clerks to the registrars, and each registrars. of them to succeed to the office of junior clerk to the said registrars; but no clerk to be appointed in their place.

Sect. 7. The Lord Chancellor may appoint Lord Chanone or more additional clerk or clerks to the increase numsaid registrars, so that the number do not exceed in registrars” eight.


ber of clerks

office to


Sect. 8. An officer to be appointed, called Master of “The Master of Reports and Entries,” to which entries apoffice the several registrars and the six senior clerks to the said registrars to be entitled in the event of a vacancy to succeed.


Sect.9. A clerk, to be called “ The Clerk of Clerks in the Reports,” two clerks to be called “ Clerks of Master of the Entries," and ten clerks of account to be in the office of the Master of reports and entries, and subject to his direction.

Sect. 10. Any person shall be at liberty to No recital to

be introduced

or orders.

into decrees take an office copy of so much only of any

decree, order, report, or exceptions as he may require, and, unless the Court shall otherwise specially direct, no recitals shall be introduced into any decree or order, but the pleadings, petition, notice, report, affidavits, exhibits, or other matters or documents on which such decrees or orders shall be founded, shall merely be referred to; and the Lord Chancellor, with the Master of the Rolls and Vice Chancellor, or one of them, may make such rules and regulations as to the form of such decrees and orders as he may deem necessary for the proper drawing up of such decrees and orders, and carrying into effect the provisions of the Act in regard thereto.

Clerk and

Sect. 11. Clerk and assistant clerk of affiassistant clerk of affidavits. davits to be appointed.

Patentee of subpæna office,

Sect. 12. After the death, &c of the present patentee of the subpoena office, all the duties of such office to be performed by the clerk of the affidavits.

Master to hear all ap.

Sect. 13. The Master in ordinary of the High plications for Court of Chancery shall hear and determine all

applications for time to plead, answer or demur, and for leave to amend bills, and for enlarging publication, and all such other matters relat


« PreviousContinue »