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after such notice, such other party shall have liberty to inspect the same without fee, and may take a copy thereof if he thinks fit. And at or before the expiration of the eight days, or such further time as the Master shall in his discretion allow, he shall then either agree to pay the costs or adopt the conveyance, as the case may be, or signify his dissent therefrom, and shall thereupon be at liberty to tender a sum of money for the costs, or to deliver a statement in writing, of the alterations which he proposes in the draft of the conveyance. But if he make no such tender, nor deliver any such statement in writing, or if the other party refuses to accept the sum so tendered, or to adopt the proposed alterations in the draft of the conveyance, the Master shall then proceed to tax the costs, or settle the conveyance according to the practice of the Court. And in case the taxed costs shall not exceed the sum tendered, or the Master shall adopt the proposed alterations in the draft of the conveyances, then the costs of the taxation, or the costs of the proceeding with respect to the conveyance, shall be borne by the other party.

LXXXII. And whereas the present practice, that causes can only be entered for hearing during the time of term, and that the subpæna ad audiendum judicium can only be then returnable, is productive of great delay and inconvenience: it is hereby further ordered, by the said Lord High Chancellor, with the advice and assistance aforesaid, that from henceforth causes may be set down for hearing, and the subpoenas ad audiendum judicium served and returnable on any day as well out of term as in term, and this order is to be called the 82nd Order.

And it is hereby further ordered, that the aforesaid 82nd Order shall take effect immediately, and the aforesaid amended orders shall take effect on the first day of Hilary Term next.

BROUGHAM, C.
JOHN LEACH, M.R.
LANCELOT SHADWELL, V.C.

to the plaintiff by this order for the return of his commission. And when any commission issues pursuant to this order, or the last foregoing order, the parties shall have liberty to execute the same in term time, and publication shall stand enlarged until the commission shall be returnable; and the plaintiff shall be at liberty to set down the cause, in the mean time, without the necessity of inserting such directions in the order for the commission.

XVIII. That publication shall not be enlarged, except upon special application to the Court, made upon notice supported by affidavit, and at the cost of the party applying, unless otherwise ordered by the Court.

XIX. That the time which occurs between the last seal after Trinity Term and the first seal before Michaelmas Term, and between the last seal after Michaelmas Term and the first seal before Hilary Term, shall not be reckoned in the computation of time which is allowed to a party for amending any bill, for filing, delivering, or referring exceptions to any answer, or for obtaining a Master's report upon any exceptions.

XXIV. That when a defendant, in contempt for want of answer, obtains, upon filing his answer, the common order to be discharged as to his contempt, on payment or tender of the costs thereof, or the plaintiff accepts the costs, without order, he shall not by such acceptance be compelled, in the event of the answer being insufficient, to recommence the process of contempt against the defendant, but shall be at liberty to take up the process at the point to which he had before proceeded

LXXVI. That where a Master is directed to settle a conveyance, or to tax costs in case the parties differ about the same, then the party claiming the costs, or entitled to prepare the conveyance, shall bring the bill of costs, or the draft of the conveyance, into the Master's office, and give notice of his having so done to the other party; and at any time within eight days after such notice, such other party shall have liberty to inspect the same without fee, and may take a copy thereof if he thinks fit. And at or before the expiration of the eight days, or such further time as the Master shall in his discretion allow, he shall then either agree to pay the costs or adopt the conveyance, as the case may be, or signify his dissent therefrom, and shall thereupon be at liberty to tender a sum of money for the costs, or to deliver a statement in writing, of the alterations which he proposes in the draft of the conveyance. But if he make no such tender, nor deliver any such statement in writing, or if the other party refuses to accept the sum so tendered, or to adopt the proposed alterations in the draft of the conveyance,

the Master shall then proceed to tax the costs, or settle the conveyance according to the practice of the Court. And in case the taxed costs shall not exceed the sum tendered, or the Master shall adopt the proposed alterations in the draft of the conveyances, then the costs of the taxation, or the costs of the proceeding with respect to the conveyance, shall be borne by the other party.

LXXXII. And whereas the present practice, that causes can only be entered for hearing during the time of term, and that the subpoena ad audiendum judicium can only be then returnable, is productive of great delay and inconvenience: it is hereby further ordered, by the said Lord High Chancellor, with the advice and assistance aforesaid, that from henceforth causes may be set down for hearing, and the subpoenas ad audiendum judicium served and returnable on any day as well out of term as in term, and this order is to be called the 82nd Order.

And it is hereby further ordered, that the aforesaid 82nd Order shall take effect immediately, and the aforesaid amended orders shall take effect on the first day of Hilary Term next.

BROUGHAM, C.
JOHN LEACH, M.R.
LANCELOT SHADWELL, V.C.

305

GENERAL ORDERS

OF

THE COURT OF CHANCERY,

21st DECEMBER, 1833.

WHEREAS it is expedient that certain further orders for regulating the practice of the Court of Chancery be added to those which were published on the 26th day of November last, and that thereupon certain alterations be made in the said orders; and it is also expedient that the whole of the said new orders should be embodied together under the act of the 3rd and 4th of William the Fourth, intituled “ An Act for the Regulation of the Proceedings and Practice of certain Offices of the High Court of Chancery in England;":

IT IS HEREBY DECLARED AND DIRECTED, by the Lord High Chancellor, by and with the concurrence of the Master of the Rolls, and of the Vice Chancellor, that from and after the 10th day of January next, the several orders which hereafter follow shall be considered as a substitution for the said orders of the 26th day of November last.

I. That all writs of subpoena in this Court shall be prepared by the solicitor of the party requiring the same, and that the seal for sealing the same shall be marked or inscribed with the words, “Subpoena Office, Chancery;" and such writs shall be in the forms mentioned at the foot of these orders, or as near as may be with such alterations and variations as circumstances may require.

II. That a præcipe in the usual form, containing further the particulars hereinafter mentioned, (as to the names and residences of the solicitors issuing the same), shall in all cases be delivered and filed at the Subpoena Office; and that on a subpoena for costs being sealed, the certificate or report shall be produced to the officer sealing the writ, as his authority for sealing it.

III. That the name or firm, and the place of business or residence of the solicitor or solicitors issuing a subpona shall be indorsed thereon ; and where such solicitors shall be agents only, then there shall be further indorsed thereon the name or firm, and place of business or residence of the principal solicitor or solicitors.

IV. That the service of subpoenas shall be effected by delivering a copy of the writ and of the indorsement thereon, and at the same time producing the original writ; and that in all cases where a subpoena might heretofore have been served by leaving the body thereof at the party's dwelling-house or otherwise than personally, it shall be sufficient to leave a copy of such subpoena in the same manner, producing the original writ to the person with whom such copy shall be so left.

V. That every subpoena, other than a subpæna duces tecum, shall contain three names where necessary or required, and that a gross sum or fee of twelve shillings and sixpence shall be the amount allowed in costs for every subpoena duces tecum, including the præcipe, attendance, and sum paid for sealing, and five shillings and ten-pence each for all other subpænas; in addition to which last-mentioned sum, the solicitor suing out the same shall be allowed one fee of six shillings and eight-pence for the præcipes and attendance on sealing such subpænas as heretofore, where the number of names included therein shall not exceed nine ; and if they shall exceed nine in number, then an additional fee of six shillings and eight-pence; and if they exceed eighteen, a further fee of six shillings and eight-pence,

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