It will be observed, that the foregoing act requires that all rules, orders, and regulations to be made in pursuance of its provisions shall be laid before both houses of parliament, if parliament be then sitting, immediately upon the making and issuing of the same, or if parliament be not then sitting, then within five days after the meeting thereof; and that no such rule, order, or regulation, shall have effect until each house of parliament shall have actually sat thirty-six days after the same shall have been laid before each house of parliament. This enactment is altered by the 4th & 5th Vict. c. 52, intituled, "An Act to amend an Act of the 4th Year of the Reign of her present Majesty, intituled, An Act for the Administration 4 & 5 Vict. of Justice in the Court of Chancery,"" and by the latter act it is declared "that every rule, order, or regulation, made in pursuance of the 3 & 4 Vict. c. 94, shall, from and after the time in that behalf to be appointed by the Lord Chancellor, with such advice and consent as in the said Act mentioned, and if no time shall be so appointed, then from and after the making thereof, be binding and obligatory on the said Court, and be of like force and effect as if the provisions therein contained had been expressly enacted by parliament, but that if either of the houses of parliament shall, by any resolution passed at any time before such house c. 52. of parliament shall have actually sat thirty-six days after such rules, orders, and regulations shall have been laid before such house of parliament, resolve that the whole or any part of such rules, orders, or regulations ought not to continue in force, in such case the whole or such part thereof as shall be so included in such regulations shall, from and after such resolution, cease to be binding and obligatory on the said Court: Provided also, that no such rule, order, or regulation as aforesaid, shall by virtue of the said act be of the like force and effect as if the provisions therein contained had been expressly enacted by parliament, unless the same shall be expressed to be made in pursuance of the said Act and of this Act; and that every such rule, order, or regulation so expressed to be made in pursuance of the said Act and of this Act, which shall not be laid before both houses of parliament within the time of the said recited Act limited for that purpose, shall from and after the expiration of such time be absolutely void and of no effect.” In pursuance of these Acts, various Orders have recently been issued, bearing date the 26th of August, 1841. They are set forth at length in the Appendix, post, and are also referred to in the Analysis under the various subjects to which they relate. As they effect only a small portion of the alterations evidently intended by the framers of the 3 & 4 Vict. c. 94, it is presumed they are the precursors of many others still in contemplation. Abolition of the Court of Exchequer as a Court of Equity. As to the Act, 5 Vict. c. 5, intituled, "An Act to make further Provisions for the Administration of Justice" (a). The Act recites that the business on the plea side of the Court of Exchequer had of late years greatly increased, and that a transfer to the (a) The principal objects of this Act are to transfer the equity jurisdiction of the Court of Exchequer to the Court of Chancery, and to appoint additional Vice Chancellors. As a consequence of such transfer, power is given by sect. 4 to the Court of Chancery, upon the application of any party interested by motion or petition in a summary way, to restrain the Bank of England, or any other public company, from permitting the transfer of any stock or shares, or from paying any dividends due or to become due thereon; and in lieu of the writ of distringas heretofore issued from the Court of Exchequer, a distringas, in the form set out in the first schedule to the Act, is to be issuable from the Court of Chancery, and sealed at the subpoena office (sect. 5), the force and effect of, and practice relating to which are to be the same as appertained to the writ of distringas heretofore issued from the Court of Exchequer. The other principal sections for effecting the intended arrangement, and appointing the additional judges and their officers, are the 7th, 13th, 17th, 19th, 20th, 21st, 22nd, 23rd, 24th, 30th, 31st, 32nd, and 38th. The jurisdiction of the Court of Chancery of the jurisdiction of the Court of Exchequer as a Court of equity would relieve the judges of the latter Court, and tend to the public advantage, and enacts, all Sect. 1. That on the 15th October, 1841, Court of Ex- the power, authority, and jurisdiction of the Courtofequity Court of Exchequer as a Court of equity shall transferred to be transferred to the Court of Chancery. chequer as a abolished and the Court of Chancery. Suits depend Sect. 2. That all suits and matters which on ing and pro- the said 15th October, 1841, shall be depending ceedings transferred to. Chancery. able in Ex the Court of in the said Court of Exchequer as a Court of equity, shall by force of the Act be transferred, with all the proceedings therein, to the Court of Chancery; and that all decrees or orders which shall have been made by the said Court of Exchequer in such suits and matters shall to all intents and purposes be deemed and taken to be decrees or orders respectively of the said Court of Writs return- Chancery; and that all writs which shall have chequer to be been then issued in the same suits and matters, or any of them, returnable in the said Court of Exchequer, shall be by force of the Act returnable in the Court of Chancery. But that in case it shall appear to the Court of Chancery to be just and expedient that any suit or suits, matter or matters, so transferred to the Court of Chancery should be wholly or partially carried according to on according to or regulated by the present of either practice of the Court of Exchequer, or that any returnable in Chancery. Court of Chancery may direct transferred suits to be carried on the practice Court. question or questions, arising in the same suit or suits, matter or matters, should be decided with reference to the present practice of the said Court of Exchequer, it shall be lawful for the Court of Chancery to make such order or orders in relation thereto as to the said Court of Chancery shall seem meet. cellor to make &c. as may by reason of Sect. 3. That it shall be lawful for the Lord Lord ChanChancellor to make such general orders (as such orders, well with respect to the taxation and allowance be necessary of costs as in all other respects) as to him shall transfer. seem fit, by reason of the transfer of such suits and matters as aforesaid, or for carrying the same transfer into complete effect (a). (a) By a general order of the Lord Chancellor, dated the 12th October, 1841, his lordship has ordered that every plaintiff and defendant in any suit to be transferred under the authority of this Act, shall, on or before the 15th October, 1841, name one of the sworn clerks of the Court of Chancery to conduct and carry on and act in such suit as clerk in court; and that in default thereof either party may cause to be served upon the other a notice in writing, requiring the party served to appoint a clerk in court within seven days after the day of service of such notice, which shall be left at the dwelling-house or usual place of abode of such party; but if that cannot be ascertained, and affidavit shall be made to that effect, the service of such notice upon the solicitor who was last concerned for such party in the Court of Exchequer, shall be deemed good service; and in case at the expiration of the period so to be mentioned in such notice no clerk in court shall have been appointed, then the party giving such notice may apply to the Court to appoint a clerk in court for the party so making default, and such application may be, |