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FORM OF SUBPENA FOR COSTS.
Greeting. We command you (and every of you) that you pay or cause to be paid immediately after the service of this writ to bearer of these presents, £ costs, by our Court of Chancery adjudged to be paid by you to the said
under pain of an attachment issuing against your person, and such process for contempt as the Court shall award in default of such payment. Witness, &c.
FORM OF SUBPOENA TO TESTIFY VIVA VOCE IN COURT, OR TO TESTIFY BEFORE THE MASTER. William, &c.
Greeting. We command you [and every of you] that laying all other matters aside, and notwithstanding any excuse, you personally be and appear before our Lord High Chancellor, [or " before his Honor the Master of the Rolls," or “the Vice Chancellor," or “ before Mr.
one of the Masters of our High Court of Chancery,” or re before
commissioners named in a commission issued to them for that purpose,”) at such time and place as the bearer hereof shall by notice in writing appoint, to testify the truth according to your knowledge in a certain suit now depending in our High Court of Chancery, wherein
[" and others' “another”) are plaintiffs, and [" and others” or “ another"] are defendants. On the part of the
[in case of subpæna duces tecum, add "and that you then and there bring with you and produce,” &c.] And hereof fail not at your peril. Witness, &c.
FORM OF SUBPENA AD TEST. AND DUCES TECUM.
Greeting. We command you [and every of you) that laying all other matters aside, and notwithstanding any excuse, you personally be and appear before Mr.
one of the examiners of witnesses in our High Court of Chancery, at his office in Rolls' Yard, Chancery-lane, London, at such times as the bearer hereof shall by notice in writing appoint, (or “ before and others, commissioners appointed [" and another” or “ others”] are defendants, should not be binding upon you. In default whereof such decree will stand and be absolute against you. Witness, &c.
for the examination of witnesses in our Chancery, at such times and places as the bearer hereof shall by notice in writing appoint,"] to testify to the truth according to your knowledge in a certain cause depending in our said Court of Chancery, wherein
[" and others” or “another"] are plaintiffs, and
[" and others' or "another") are defendants, on the part of the
[in case of subpoena duces tecum, add " and that you then and there bring with you and produce,” &c.] And hereof fail not at your peril. Witness, &c.
FORM OF SUBPENA TO SHOW CAUSE AGAINST
Greeting. We command you that within
days after the service of this writ on you, exclusive of the day of such service, you do show unto our High Court of Chancery, good cause why a certain decree made by
in a certain cause, wherein
[" and another" or "others") are plaintiffs, and
THE FORM OF AN ORIGINAL DECREE.
[Date and title.] This cause coming on this present day to be heard and debated before, &c. in the presence of counsel learned on both sides, and the pleadings in this cause being opened upon debate of the matter and hearing [here state in the usual form a description of the evidence which was read, and what was alleged by the counsel on both sides] his Lordship doth order and decree (or “ doth declare”], &o.
THE FORM OF A DECREE UPON FURTHER DIREC. TIONS AFTER A MASTER'S REPORT.
[Date and title.] This cause coming on the
to be heard and debated before, &c. his Lordship did order and decree or declare [here state the decretal part except the words of course] that in pure suance of the said decree the said Master made his report, bearing date the
which stands absolutely confirmed by an Order dated the
and thereby found (here state the Master's finding or opinion only]. And this cause coming on this present day to be heard before, &c. for further
directions, and as to the matter of costs reserved in the said decree [if costs be reserved), in the presence of counsel learned on both sides, upon opening and debate of the matter, and hearing the said decree, &c. read, and what was alleged by counsel on both sides, his Lordship doth order, &c.
[The same form to be observed upon the decree for further directions, mutatis mutandis, where, upon the original hearing, an issue or a case for the opinion of a Court of Law is directed, or the bill is retained for twelve months with liberty to bring an action. The issue and verdict nf the jury to be stated at length, but the judge's certificate upon the case only, and not the case itself.]
THE FORM OF AN ORDER UPON PETITION.
[Date and title.] Whereas A. B. did on the
prefer his petition unto, &c. setting forth as therein set forth, and praying [here state the prayer), whereupon all parties concerned were ordered to attend his Lordship on the matter of the said petition, and counsel for the petitioner, and for
this day attending accordingly, upon hearing the said petition, &c. read, and what was alleged by the counsel for the petitioner and the counsel for his Lord ship doth order, &c.
THE COURT OF CHANCERY,
230 FEBRUARY, 1837.
Whereas it is expedient that the fees which are by the General Orders for regulating the practice of the Court of Chancery, bearing date the twenty-first day of December, one thousand eight hundred and thirty-three, directed to be taken by the Masters and their clerks, and the Registrars and their clerks, under the Act passed in the third and fourth years of the reign of his present Majesty, intituled “ An Act for the Regulation of the Proceedings and Practice of certain Offices of the High Court of Chancery in England," should be varied and increased, or reduced in amount, or wholly omitted to be received, as hereinafter mentioned ; Now I, the Right Honourable Charles Christopher Baron Cottenham, Lord High Chancellor of Great Britain, with the advice and concurrence of the Right Honourable Henry Baron Langdale, Master of the Rolls, and the Right Honourable Sir Lancelot Shadwell, Knight, Vice-Chancellor of England, do hereby order and direct, that from and after the twenty-seventh day of February instant, the fees set forth in the first Schedule hereunto shall be the fees to be received and taken by the clerks to the Masters in Ordinary, in the place and stead of the fees now received and taken by them, pursuant to the said general Orders, bearing date the twenty-first day of December, one thousand eight hundred and thirty-three; AND THAT the fees set forth in the second Schedule hereunto shall be ees to be received and taken by the Registrars and their clerks, in the place and stead of the fees now received and taken by them, pursuant to the said General Orders.
FIRST SCHEDULE. Fees to be received and taken by the Clerks to the Masters in Ordinary.
€ S. d. For every warrant
0 3 0 For drawing every report, exclusive of sche
dules of accounts of parties accounting before the Master, and exclusive of the fee on signing, per folio.
0 1 0 For drawing schedules of accounts of parties
accounting before the Master, per folio 0 0 6 On signing every report and certificate 1 0 0 For investing every title brought in before
the Master to be settled, and perusing the abstract thereof, upon the first 25 folios thereof.
0 6 8 And upon every succeeding 25 folios thereof 0 3 4 Forevery advertisement issued by the Master 1 1 0 Upon every peremptory advertisement for the sale of property with the approbation of the Master, in addition to the foregoing fee, to be repaid if the property shall not be offered for sale
3 0 0 (In addition to the reasonable travelling
expenses of the Master's clerk, to be
received and retained by him.) For signing the allowance of every deed, re
cognizance, set of interrogatories, account, or other document allowed and signed by the Master
0 5 0 For every order upon a warrant
0 5 0 For perusing and settling the draft of every
deed brought before the Master to be settled (except lease for a year), where such deed shall not exceed 30 folios
1 0 0 Where such deed shall exceed 30 folios and not exceed 50 folios
1 10 0