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GENERAL ORDERS

OF

THE COURT OF CHANCERY,

10th 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 every person to whom, in any cause or matter pending in this Court, any sum of money or any costs have been ordered to be paid, shall, after the lapse of one month from the time when such order for payment was duly passed and entered, be entitled by his clerk in court to sue out one or more writ or writs of fieri facias or writ or writs of elegit of the form hereinafter stated, or as near thereto as the circumstances of the case may require.

II. That upon every such order hereafter to be entered, the entering clerk of this Court, in whose division the same may be, shall, at the request of the party leaving the same, mark the day of the month and year on which the same shall be so left for entry, and no writ of fieri facias or elegit shall be sued out upon any such order, unless the date of such entry shall be so marked thereon as aforesaid.

III. That such writs when sealed shall be delivered to the sheriff or other officer to whom the execution of the like writs issuing out of the superior Courts of

common law belongs, and shall be executed by such sheriff or other officer as nearly as may be in the same manner in which he doth or ought to execute such like writs, and such writs, when returned by such sheriff or other officer, shall be delivered to the clerks in court, by whom respectively they were sued out, or be left at their respective seats, and shall thereupon be filed as of record in the office of the Six Clerks of this Court. And that for the execution of such writs, such sheriff or other officer shall not take or be allowed any fees other than such as are or shall be from time to time allowed by lawful authority for the execution of the like writs issuing out of the superior Courts of common law.

IV. That if it shall appear, upon the return of any such writ of fieri facias as aforesaid, that the sheriff or other officer hath by virtue of such writ seized but not sold any goods of the person ordered to pay such sum of money or costs as aforesaid, the person to whom such sum of money or costs is payable shall, immediately after such writ with such return shall be filed as of record, be at liberty by his clerk in court to sue out a writ of venditioni exponas in the form hereinafter stated, or as near thereto as the circumstances of the case may require.

V. That on every such writ of fieri facias and elegit so to be issued as aforesaid there shall be endorsed the words, "By the Court," and also thereunder the calling and place of residence of the party against whom such writ shall be issued, and also the name and residence or place of business of the solicitor at whose instance the same shall be issued, and the name of the clerk in court issuing the same, and that every such writ be also endorsed for the sum to be levied according to the form used upon like writs issuing out of the superior Courts of common law.

VI. That for every such writ of fieri facias or venditioni exponas so to be issued as aforesaid, there shall

be allowed to the clerk in court issuing the same the sum of eighteen shillings and seven pence, and for every such writ of elegit the sum of one pound ten shillings, and that there be allowed to the solicitor at whose instance any such writ of fieri facias, elegit, or venditioni exponas, shall be issued the sum of six shillings and eight pence for instructions for the said writ, and that there be also allowed to such solicitor the further sum of six shillings and eight pence for attending to procure a warrant, and for attending to instruct the officer charged with the execution of such writ.

FORMS OF WRITS.

No. I.

Writ of Fieri Facias, on a Decree or Order of the Court of Chancery for Payment of Money.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith.

To the Sheriff of

Greeting.

WE command you that of the goods and chattels of C. D. in your bailiwick cause to be made the sum of £

which lately

you before us in our High Court of Chancery in a certain cause, or certain causes [as the case may be], wherein A. B. is plaintiff and C. D. is defendant, or, in a certain matter there depending, intituled, "In the matter of E. F." [as the case may be], by a decree or order [as the case may be] of our said Court, bearing date the

day of was decreed or ordered [as the case may be] to be paid by the said C. D. to A. B. And that of the goods and chattels of the said C. D. in your bailiwick you further cause to be made interest upon the said sum of £ at the rate of £4 per centum per annum, from the day of (a). And that you have that money and interest before us in our said Court immediately after the execution hereof, to be paid to the said A. B. in pursuance of the said decree or order [as the case may be]. And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in

(a) The day on which the decree or order was made.

what manner you shall have executed this our writ, make appear to us in our said Court immediately after the execution thereof. And have there then this writ.

Witness ourself at Westminster the
in the

year of our reign.

day of

No. II.

Writ of Fieri Facias, on a Decree or Order of the Court of Chancery for Payment of Money and Interest.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith.

To the Sheriff of

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Greeting.

WE command you that of the goods and chattels of C. D. in your bailiwick you cause to be made the sum of £ and also interest thereon, at the rate of £4 per centum per annum, from the day of (a), which said sum of money and interest were lately before us in our High Court of Chancery, in a certain cause, or causes [as the case may be], wherein A. B. is plaintiff and C. D. is defendant, or in a certain matter there depending, intituled, "In the matter of E. F." [as the case may be], by a decree or order [as the case may be] of our said Court, bearing date the

day of decreed or ordered [as the case may be] to be paid by the said C. D. to A. B. and that you have that money and interest before us in our said Court immediately after the execution hereof, to be paid to the said A. B. in pursuance of the said decree or order [as the case may be]. And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us in our said Court immediately after the execution thereof. And have there then this writ. Witness, &c.

No. III.

Writ of Fieri Facias, on a Decree or Order of the Court of Chancery for Payment of Money and Costs.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith.

To the Sheriff of

Greeting.

WE command you that of the goods and chattels of C. D. in your bailiwick you cause to be made the sum of £ which said sum of money was lately before us in our High Court of Chancery,

(a) The day mentioned in the order.

in a certain cause, or certain causes [as the case may be], wherein A. B. is plaintiff and C. D. is defendant, or in a certain matter there depending, intituled, "In the matter of E. F." [us the case may be], by a decree or order [as the case may be] of our said Court, bearing date the day of decreed or ordered [as the case may be] to be paid by the said C. D. to A. B. together with certain costs in the said order mentioned, and which costs have been taxed and allowed by G. H. esquire, one of the Masters of the said Court, at the sum of £ as appears by the certificate of the said Master, dated the and that of the goods and chattels of the said C. D. in your bailiwick you further cause to be made the said sum of £ (a), together with interest at the rate of £4 per centum per annum on the said sum of £

from the

day of (a), from the

day of

(b), (c), and on the said sum of (d), and that

day of

£ you have that money and interest before us in our said Court immediately after the execution hereof, to be paid to the said A. B. in pursuance of the said decree or order [as the case may be]. And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us in our said Court immediately after the execution thereof. And have there then this writ.

Witness, &c.

No. IV.

Writ of Fieri Facias, on a Decree or Order of the Court of Chancery for Payment of Money, Interest, and Costs.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith.

To the Sheriff of

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Greeting.

WE command you that of the goods and chattels of C. D. in your bailiwick you cause to be made the sum of £ and also interest thereon at the rate of £4 per centum per annum, from the day of (e), which said sum of money and interest were lately before us in our High Court of Chancery, in a certain cause, or certain causes [as the case may be], wherein A. B. is plaintiff and C. D. is defendant, or in a certain matter there depending, intituled, "In the matter of E. F." [as the case may be], by a decree or order [as the case may be] of our said Court, bearing date the day of decreed or ordered [as the case

The costs.

(c) The date of the order.

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(b) The money.

(d) The date of the Master's certificate. (e) The day mentioned in the order.

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