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GENERAL ORDER

OP

THE COURT OF CHANCERY,

3d APRIL, 1841.

It is ordered, That in all cases where any stocks or funds are or shall be standing in the name of the accountant-general of the Court, to the general credit of any cause, or to the account of any class or classes of persons, and an order shall be made to prevent the transfer or payment of such stocks or funds, or any part thereof, without notice to the assignee of any person or persons entitled in expectancy or otherwise to any share or portion of such stocks or funds, the person or persons by whom any such order shall be obtained, or the share of such stocks or funds affected by such order, shall, at the discretion of the Court, be liable to pay any costs, charges, and expenses which by reason of such order having been obtained shall be occasioned to any party to the cause, or any person interested in such stocks or funds, and henceforward any person presenting a petition for any such order as aforesaid shall not be required to serve such petition upon the parties to the cause, or upon the persons

interested in parts of the stocks or funds not sought to be affected by any such order.

(Signed) COTTENHAM, C.

LANGDALE, M. R.
LANCELOT SHADWELL, V. C.

GENERAL ORDERS

OF

THE COURT OF CHANCERY,

26th August, 1841.

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, doth hereby, in pursuance of an Act of Parliament, passed in the fourth year of the reign of her present Majesty, intituled, “ An Act for facilitating the Administration of Justice in the Court of Chancery," and of an Act passed in the fourth and fifth years of the reign of her present Majesty, intituled, "An Act to amend an Act of the Fourth Year of Her present Majesty, intituled, • An Act for facilitating the Administration of Justice in the Court of Chancery,'” order and direct in manner following—that is to say,

(a)I. That there shall forthwith be prepared a proper Alphabetical Book, for the purposes after mentioned; and that such book shall be called the Solicitors' Book, and shall be publicly kept at the Office of the Six Clerks, to be there inspected without fee or reward.

II. That every Solicitor, before he practise in this Court in his own name solely, and not by an Agent, whose name shall be duly entered as after mentioned, and every Solicitor, before he practise as such Agent, shall cause to be entered in the Solicitors' Book, in alphabetical order, his name and place of business, or some other proper place in London, Westminster, or the Borough of Southwark, or within two miles of Lincoln's Inn Hall, where he may be served with writs, notices, orders, warrants, rules, and other documents, proceedings, and written communications in causes and

(a) By order of the 19th November, 1841, it is ordered, that this and the four next orders shall not take effect till the first day of Faster term, 1842.

matters depending in this Court; and as often as any such Solicitor shall change his place of business or the place where he may be served as aforesaid, he shall cause a like entry thereof to be made in the Solicitors' Book, and that the above mentioned entries shall be made in such book by the said Six Clerks, who shall be entitled to a fee of one shilling for every such entry; and that the fund arising from such payment shall be applied, in the first instance, in paying the expenses of providing and keeping such book.

III. That all writs, notices, orders, warrants, rules, and other documents, proceedings, and written communications, which do not require personal service upon the party to be affected thereby, shall be deemed sufficiently served if such document, or a copy thereof, as the case may be, shall be left at the place lastly entered in the Solicitors' Book by the Solicitor of such party; and.if any Solicitor shall neglect to cause such entry to be made in the Solicitors' Book as is required by the Second Order, then the fixing up a copy of any such writ, notice, order, warrant, rule, or other document, proceeding, or written communication for such Solicitor in the said Six Clerks' Office, shall be deemed a sufficient service on him, unless the Court shall, under special circumstances, think fit to direct otherwise.

IV. That if any Solicitor shall give his consent in writing that the service of all or any writs, notices, orders, warrants, rules, or other documents may be made upon him through the Post-Office or otherwise, such service shall be deemed sufficient if made in such manner as such Solicitor shall have so agreed to accept; but it shall be competent for any Solicitor giving such consent, at any time to revoke the same by notice in writing.

mt no person shall be allowed to appear or act, either m person, by Solicitor or Counsel, or to take any proceedings waaiever in this Court, either as plaintiff, defendant, petitioner, respondent, party inter

V. TY

vening, or otherwise, until an entry of the name of his Solicitor and his Solicitor's Agent, if there be one, or if he act in person, his own name and address for service shall have been made in the Solicitors' Book at the office of the Six Clerks; but if such address of any person so acting in person shall not be within London, Westminster, or the Borough of Southwark, or within two miles of Lincoln's Inn Hall, then all services upon such person not requiring to be made personaily, shall be deemed sufficient if a copy of the writ, notice, order, warrant, rule, or other document to be served, be transmitted to him through Her Majesty's Post-Office to such address as aforesaid.

VI. That no Writ of Attachment with proclama. tions, nor any Writ of Rebellion, be hereafter issued for the purpose of compelling obedience to any process, order, or decree of the Court.

VII. That no order shall hereafter be made for a Messenger, or for the Serjeant-at-Arms, to take the body of the defendant for the purpose of compelling him to appear to the Bill.

VIII. That if the defendant, being duly served with a subpæna to appear to and answer the Bill, shall refuse or neglect to appear thereto, the plaintiff shall, after the expiration of eight days from such service, be at liberty to apply to the Court for leave to enter an appearance for the defendant. And the Court, being satisfied that the subpoena has been duly served, and that no appearance has been entered by the defendant, may give such leave accordingly; and that thereupon the plaintiff may cause an appearance to be entered for the defendant. And thereupon such further proceedings may be had in the cause as if the defendant had actually appeared.

IX. That upon the Sheriff's return, non est inventus, to an attachment issued against the defendant for not answering the Bill, and upon affidavit made that due

diligence was used to ascertain where such defendant was at the tiine of issuing such writ, and in endeavouring to apprehend such defendant under the same; and that the person suing forth such writ verily believed, at the time of suing forth the same, that such defendant was in the county into which such writ was issued, the plaintiff shall be entitled to a Writ of Sequestration, in the same manner that he is now entitled to such writ, upon the like return made by the Serjeant-at-Arms.

X. That no Writ of Execution, nor any Writ of Attachment, shall hereafter be issued for the purpose of requiring or compelling obedience to any order or decree of the High Court of Chancery; but that the party required by any such order to do any act, shall, upon being duly served with such order, be held bound to do such act in obedience to the order.

XI. That if any party who is by an order or decree ordered to pay money, or do any other act in a limited time, shall, after due service of such order, refuse or neglect to obey the same according to the exigency thereof, the party duly prosecuting such order shall, at the expiration of the time limited for the performance thereof, be entitled to an order for a Serjeant-at-Arms, and such other process as he hath hitherto been entitled to upon a return non est inventus, by the Commissioners named in a Commission of Rebellion issued for non-performance of a decree or order.

XII. That every order or decree requiring any party to do an act thereby ordered, shall state the time after service of the decree or order within which the act is to be done; and that upon the copy of the order, which shall be served upon the party required to obey the same, there shall be endorsed a memorandum, in the words or to the effect following ; viz.--" If you, the within-named A. B., neglect to perform this order by the time therein limited, you will be liable to be arrested by the Serjeant-at-Arms attending the High Court of Chancery; and also be liable to have your estate se

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