XV. That in the interval between the close of the sittings after any term and the commencement of the sittings before or at the beginning of the next ensuing term, application for special orders may be made to any judge of the Court in the same manner as if these Orders had not been made; but that the orders which shall be made in any such interval by the Lord Chancellor, or by the Master of the Rolls, or by the Vice Chancellor, shall, if not made by the judge to whom the application, if made during the ordinary sittings of the Court, would have been made pursuant to the directions contained in these Orders be marked as having been made for such judge, and shall in the future proceedings of the cause be deemed to be the order of such judge in all respects save this,—that no order so made by one judge for another under the circumstances aforesaid shall be reheard for the purpose of being discharged or varied otherwise than by the Lord Chancellor. XVI. That, from and after the said 20th day of May instant, all matters which under and by virtue of any Act of Parliament or otherwise the Court hath jurisdiction to hear and determine in a summary way, and which shall be in the first instance brought under the consideration of the Court upon a petition presented to the Lord Chancellor, shall in any subsequent stage of the proceedings respecting the same matters be heard and determined by the Lord Chancellor or Vice Chancellor; and that no petition respecting the same matters in any subsequent stage of the proceedings relating thereto, shall, without special order of the Lord Chancellor, be set down to be heard before the Master of the Rolls; and that all such matters as aforesaid which shall be in the first instance brought under the consideration of the Court upon a petition to the Master of the Rolls, shall, in any subsequent stage of the proceedings respecting the same matters, be heard and determined by the Master of the Rolls; and that no petition respecting the same matters in any subsequent stage of the proceedings relating thereto shall, otherwise than for the purpose of rehearing an order of the Master of the Rolls, be set down to be heard before the Lord Chancellor. COTTENHAM, C. LANCELOT SHADWELL, V. C. 341 GENERAL ORDERS OF THE COURT OF CHANCERY, 9th MAY, 1839. THE Right Honourable Charles Christopher Lord Cottenham, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Henry Lord Langdale, Master of the Rolls, and the Right Honourable Sir Lancelot Shadwell, Vice Chancellor of England, doth hereby order and direct in manner following; that is to say, I. That in all cases in which it shall be alleged that the plaintiff is prosecuting the defendant in this Court and also in some other Court for the same matter, the defendant, in eight days after filing his answer or further answer to the plaintiff's bill, shall be entitled, as of course, on motion or petition, to the usual order for the plaintiff to make his election in which Court he will proceed, with the usual directions in that behalf, unless the plaintiff shall, before the expiration of the same eight days, have delivered exceptions to the defendant's answer, or have referred his further answer on former exceptions. And in case the plaintiff shall have delivered such exceptions, or referred the defendant's further answer within such time, the defendant shall be at liberty, by notice in writing to be served on the plaintiff's clerk in court, to require the plaintiff to procure the Master's report on such exceptions within four days from the service of such notice. And if the plaintiff, being so served with such notice, shall not procure the Master's report in four days accordingly, or if the exceptions shall not be allowed, the defendant shall then be entitled, as of course, on motion or petition, to the usual order for the plaintiff to elect in which Court he will proceed, with the usual directions. But in either of such cases the plaintiff shall be at liberty to move that such order may be discharged on the merits confessed in the answer. II. That the plaintiff in any injunction cause, having obtained the common injunction to stay proceedings at law, may (either before or after the answer of the defendant shall be put in, and whether such injunction shall or shall not have been continued to the hearing of the cause), obtain an order, as of course, for leave to amend the bill without prejudice to the injunction, but that such order shall contain an undertaking by the plaintiff to amend the bill within one week after the date of the order, and in default thereof the order shall become void. And that in case the bill shall be amended pursuant to such order, the defendant shall thereupon, and although he may not have put in his answer to the bill or the amendments thereof, be at liberty to move the Court on notice, to dissolve the injunction, on the ground that the bill as amended does not, even if the amendments be true, entitle the plaintiff thereto. III. That in case an injunction to stay proceedings at law shall be prayed for by the bill, and shall either not be obtained, or having been obtained, shall have been dissolved upon the merits stated in the answer, and the plaintiff shall afterwards amend his bill, and the defendant shall not plead, answer or demur to the amended bill within eight days after appearance, the plaintiff shall be entitled to move for an injunction, upon affidavit of the truth of the amendments. IV. That foreclosure causes, when ready for hearing, may be ordered to be advanced for hearing, under the same circumstances, and subject to the same rules as other causes may be ordered to be so advanced. V. That in all cases in which it shall appear that certain preliminary accounts and inquiries must be taken and made before the rights and interests of the parties to the cause can be ascertained, or the questions therein arising can be determined, the plaintiff shall be at liberty, at any time after the defendants shall have appeared to the bill, to move the Court on notice, that such inquiries and accounts shall be made and taken, and that an order referring it to the Master to make such inquiries, and take such accounts, shall thereupon be made, without prejudice to any question in the cause, if it shall appear to the Court, that the same will be beneficial to such (if any) parties to the cause as may not be competent to consent thereto, and that the same is consented to by such (if any) of the defendants as being competent to consent have not put in their answer to the bill, and that the same is consented to by, or is proper to be made upon the statements contained in the answers of, such (if any) of the defendants as have answered the bill. VI. That whenever any order of course, obtained from the Master of the Rolls in any cause marked for or set down to be heard before the Lord Chancellor, pursuant to the General Order of the 5th day of May, 1837, shall be alleged to have been irregularly obtained, any application to discharge the same for irregularity, shall in the first instance be made to the Master of the Rolls, and such cause, and all other applications to be made therein, shall nevertheless continue subject to all the regulations of the said General Order as if this Order had not been made. COTTENHAM, C. LANCELOT SHADWELL, V. C. |