GENERAL ORDER OF 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 shall 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 party 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, 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 Chancellor's book of causes, down to and inclusive of the cause of Hodges v. Daly, shall be attached to the Court of the judge to whom the same is appropriated in the said book. IV. That the plaintiff in every cause now in the Lord Chancellor's Court, whether already heard, standing for hearing, or otherwise, except those mentioned in the last preceding order, shall be at liberty to deliver a notice to his clerk in court, stating the name of the Vice Chancellor, to whose Court he desires such cause to be attached, and to serve notice thereof on all parties to the cause; and in case the plaintiff shall neglect or omit so to do on or before the seventeenth day of November instant, the defendant, or any one of the defendants, shall be at liberty to give such notice; and in case, on the twenty-first day of November instant, no such notice shall have been given, then any person who may be desirous of applying to the Court in such cause, shall be at liberty to give such notice; and that the notice of the plaintiff, if given on or before the said seventeenth day of November instant, or if not so given, then the notice whether of the plaintiff or of any one of the defendants first given after the said seventeenth day of November instant, and before the said twenty-first day of November instant, and the notice of the plaintiff, or of any one of the defendants, or of the person desirous of applying as aforesaid, first given on or after the said twenty-first day of November instant, shall determine the Court to which such cause shall be attached, unless removed therefrom by any special order to be made by the Lord Chancellor; and that no party or person shall move, petition, or take any proceedings until such notice has been given. V. That all motions, petitions, and further proceedings in causes in the Lord Chancellor's Court, except any motions or proceedings which are now part heard, shall be had before the judge to whose Court the same shall under the provisions of these orders be attached, unless removed therefrom by any special order of the Lord Chancellor. VI. That all notices of motion not in any cause, and all petitious not in any cause, which are presented to the Lord Chancellor, shall be marked with the title of one of the Vice Chancellors, and shall thenceforth be attached to such Vice Chancellor's Court, unless removed therefrom by any special order of the Lord Chancellor. VII. That the registrars shall keep distinct lists of the causes and other matters to be heard before each judge. LYNDHURST, C. |