Page images
PDF
EPUB

affidavit of the witness who would be competent to prove the same vivå voce at the hearing.

XLIV. That where a defendant makes default at the hearing of a cause, the decree shall be absolute in the first instance, without giving the defendant a day to show cause, and such decree shall have the same force and effect as if the same had been a decree nisi in the first instance, and afterwards made absolute in default of cause shown by the defendant.

XLV. That every decree for an account of the personal estate of a testator or intestate shall contain a direction to the Master to inquire and state to the Court what parts (if any) of such personal estate are outstanding, or undisposed of, unless the Court shall otherwise direct.

XLVI. That a creditor, whose debt does not carry interest, who shall come in and establish the same before the Master under a decree or order in a suit, shall be entitled to interest upon his debt, at the rate of £4 per cent. from the date of the decree, out of any assets which

may remain after satisfying the costs of the suit, the debts established, and the interest of such debts as by law carry interest.

XLVII. That a creditor who has come in and established his debt before the Master under a decree or order in a suit, shall be entitled to the costs of so establishing his debt, and the same shall be taxed by the Master, and added to the debt.

XLVIII. That in the reports made by the Masters of the Court, no part of any state of facts, charge, affidavit, deposition, examination, or answer, brought in or used before them, shall be stated or recited. But such state of facts, charge, affidavit, deposition, examination, or answer, shall be identified, specified, and referred to, so as to inform the Court what state of facts, charge, affidavit, deposition, examination, or answer, were so brought in or used.

XLIX. That it shall not be necessary in any Bill of Revivor, or Supplemental Bill, to set forth any of the statements in the pleadings in the original suit, unless the special circumstances of the case may require it.

L. That in any petition of rehearing of any decree or order made by any Judge of the Court, it shall not be necessary to state the proceedings anterior to the decree or order appealed from, or sought to be reheard.

LI. That the foregoing Orders shall take effect as to all suits, whether now depending or hereafter commenced, on the last day of Michaelmas Term, One thousand eight hundred and forty-one.

COTTENHAM, C.
LANGDALE, M. R.

GENERAL ORDER

OP

THE COURT OF CHANCERY,

TUESDAY, OCTOBER 12, 1841.

WHEREAS an Act was passed in the fifth year of the reign of her present Majesty, intituled, “An Act to make further Provisions for the Administration of Justice:" —

Now, for giving effect to certain provisions in the said Act for transferring to this Court all suits and matters which, on the 15th day of October instant, shall be depending in her Majesty's Court of Exchequer as a Court of Equity, or under the special authority of any Act or Acts of Parliament, I do hereby order, that every plaintiff and defendant in any suit to be transferred under the authority of the above-recited Act, shall, on or before the said 15th day of October instant, name one of the sworn clerks of this Court to conduct and carry on and act in such suit as clerk in court, according to the usual practice of this Court: and in default thereof, either party to the suit may cause to be served upon the other, a notice in writing, requiring the party served to appoint a clerk in court within seven days after the day of service of such notice, which shall be left at the dwelling-house or usual place of abode of such party; but if such dwelling-house or usual place of abode cannot be ascertained, and affidavit shall be made to that effect, then service of such notice upon the solicitor who was last concerned for such party in the Court of Exchequer shall be deemed good service; and in case, at the expiration of the period so to be mentioned in such notice, no clerk in court sball have been appointed according to the requisition thereof, then the party giving such notice shall be at liberty to apply to this Court to appoint a clerk in court for the party so making default as aforesaid, and such application may be upon motion or petition without notice; but it shall be supported by an affidavit of such notice as aforesaid having been served, and of the address of the party or solicitor served. And I do hereby further order, that no proceeding shall be taken by any party in

any

suit so to be transferred as aforesaid until after the appointment of a clerk in court; and that where such appointment shall be made by this Court, the order directing the same shall contain the address of the party so making default in such appointment, or of the solicitor so representing such part as aforesaid, in order that the clerk in court so appointed may be enabled to forward notices and other matters to such party. And I do hereby further order, that so far as regards the taxation and allowance of costs in any of the suits or matters so to be transferred as aforesaid, and which shall not by any order of this Court be directed to be regulated in that particular by the present practice of the Court of Exchequer, such costs shall be taxed and allowed in manner following, that is to say, the costs previously to the said 15th day of October instant shall be taxed and allowed according to the practice of the said Court of Exchequer, and the costs from and inclusive of the said 15th day of October shall be taxed and allowed according to the practice of this Court.

LYNDHURST, C.

S

GENERAL ORDER

OF

THE COURT OF CHANCERY,

11th NOVEMBER, 1841.

WHEREAS an Act was passed in the fifth year of the reign of her present Majesty, intituled, “ An Act to make further Provisions for the Administration of Justice:" and whereas, under the powers in that Act contained, two additional Vice Chancellors have been appointed : now I do hereby order

I. That in all informations or bills marked under the first order of the fifth day of May, one thousand eight hundred and thirty-seven, with the words “ Lord Chancellor," the plaintiff shall

, underneath the words “ Lord Chancellor," write the title of one of the three Vice Chancellors, at his option; and the cause shall thenceforth, unless removed by some special order of the Lord Chancellor, be attached to such Vice Chancellor's Court.

II. That the title of the Vice Chancellor, to whose Court any cause shall be attached, shall be marked in every certificate granted under the second order of the fifth day of May, one thousand eight hundred and thirty-seven.

III. That, subject in every case to any special order made or to be made by the Lord Chancellor, every cause already heard by any Vice Chancellor since the first day of this present Michaelmas term, be attached to the Court of the Vice Chancellor by whom the same has been heard ; and every cause standing in the Lord

« PreviousContinue »