377 GENERAL ORDERS OF THE COURT OF CHANCERY, THE Right Honourable John Singleton Lord Lyndhurst, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Henry Lord Langdale, Master of the Rolls; the Right Honourable Sir Lancelot Shadwell, Vice Chancellor of England; the Honourable the Vice Chancellor James Lewis Knight Bruce, and the Honourable the Vice Chancellor James Wigram, and in pursuance of an Act passed in the fifth year of the reign of her present Majesty, intituled, "An Act to make further Provisions for the Administration of Justice," doth hereby order and direct in manner following, that is to say,— I. That any person or persons claiming to be interested in any stock transferable at the Bank of England, standing in the name or names of any other person or persons, or body politic or corporate, in the books of the governor and company of the Bank of England, may, by his or their solicitor, prepare a writ of distringas, pursuant to the said Act, in the form set out in the first schedule to the said Act, and may present the same for sealing at the subpoena office. II. That upon the presentment of such writ for sealing, and on leaving with the patentee of the subpoena office an affidavit, duly sworn by the person or one of the persons applying for such writ, or his solicitor, before one of the Masters or Masters extraordinary of this Court, in the form set out at the foot of these orders, the same writ shall (in conformity with the orders of this Court for issuing and sealing writs of subpœna) be forthwith sealed with the seal of the subpoena office, and such writ, when sealed, shall have the same force and validity as the writ of distringas heretofore issued out of the Court of Exchequer. III. That such writ of distringas, and all process thereunder, may at any time be discharged by the order of this Court, to be obtained, as of course, upon the petition of the party on whose behalf the writ was issued, and to be obtained upon the application by motion or notice, or by petition duly served, of any other person claiming to be interested in the stock sought to be affected by such writ, and that upon or after such application, such costs thereof, and in relation thereto, and to the said writ, as to this Court shall seem just, may, if this Court shall think fit, be awarded and ordered to be paid by the person or persons who obtained such distringas, or upon an application by any other person or persons by such person or persons. IV. That the governor and company of the Bank of England having been served with such writ of distringas, and a notice not to permit the transfer of the stock in such notice and in the said affidavit specified, or not to pay the dividends thereon, and having afterwards received a request from the party or parties in whose name or names such stock shall be standing, or some person on his or their behalf, or representing him or them, to allow such transfer, or to pay such dividends, shall not by force or in consequence of such distringas be authorised without the order of this Court to refuse to permit such transfer to be made, or to withhold payment of such dividends for more than eight days after the date of such request. V. That upon leaving such affidavit as aforesaid with the patentee of the subpoena office, there shall be paid to such patentee the sum of one shilling for filing such affidavit. And that within twenty-four hours from the time when such affidavit shall be so left, the said patentee shall pay the sad sum of one shilling to the clerk of the affidavits, and cause such affidavit to be filed and registered at the office of such clerk. VI. That upon the sealing of such writ of distringas the sum of five shillings and sixpence shall be paid to the patentee of the subpoena office, and that out of such sum the said patentee shall pay the sum of four shillings to the accountant-general, to be by him placed to the credit of the account entitled "The Suitors' Fee Fund Account." VII. That for and in respect of the preparation and service of such writ of distringas, and the præcipe and attendance in respect thereof, such costs shall be allowed as by the rules and practice of this Court are allowed for the preparation and service and attendance in respect of a writ of subpoena to answer a bill. FORM OF AFFIDAVIT. Y. Z. [the name of the party on whose behalf the writ is sued out] v. The Governor and Company of the Bank of England. I, A. B., of do solemnly swear that, according to the best of my knowledge, information, and belief, I am [or if the affidavit is made by the solicitor, “C. D., of is"] bona fide and beneficially interested in the stock hereinafter particularly described; that is to say, [here specify the amount of the stock to be affected by the writ, and the name or names of the person or persons, or body politic or corporate, in whose name or names the same shall be standing]. And that I have reason to believe, and do believe, that there is danger of such stock being dealt with in a manner prejudicial to my interest [or "to the interest of the said C. D.," (as the case may be)]. (Signed) LYNDHURST, C. LANCELOT SHADWELL, V. C. GENERAL ORDER OF THE COURT OF CHANCERY, WHEREAS it is expedient that further orders should be made for the better administration of justice in the Court of Chancery with reference to the matters to which the first, second, third, fourth, and fifth orders of the twentysixth day of August last apply, and that in the mean time the operation of the same orders should be suspended now, therefore, I, the Right Honourable John Singleton Lord Lyndhurst, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Henry Lord Langdale, Master of the Rolls; the Right Honourable Sir Lancelot Shadwell, Vice Chancellor of England; the Honourable the Vice Chancellor, James Lewis Knight Bruce; and the Honourable the Vice Chancellor, James Wigram; do hereby in pursuance of an Act of Parliament made and 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 made and passed in the Session of Parliament held in the fourth and fifth years of the reign of her said 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, that the first, second, third, fourth, and fifth orders of the twenty-sixth day of August last, shall not take effect till the first day of Easter term, one thousand eight hundred and forty-two. (Signed) LYNDHURST, C. LANCELOT SHADWELL, V. C. |