the Orders of the 26th day of August, 1841, shall not take effect until further order. V. That the twenty-second of the Orders of the 26th day of August, 1841, shall be suspended until further order. VI. That the Orders of the 26th day of August, 1841, shall be amended as to numbers X. XI. XII. and XLVII. in manner following; (that is to say,) X. That no writ of execution 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 or Decree to do any act, shall, upon being duly served with such Order or Decree, be held bound to do such act in obedience to the Order or Decree. XI. That if any party, who is by an Order or Decree ordered to pay money or to do any other act in a limited time, shall, after due service of such Order or Decree, refuse or neglect to obey the same according to the exigency thereof, the party prosecuting such Order or Decree shall, at the expiration of the time limited for the performance thereof, be entitled to a writ or writs of attachment against the disobedient party, and in case such party shall be taken or detained in custody under any such writ of attachment without obeying the same Order or Decree, then the party prosecuting the same Order or Decree shall, upon the Sheriff's return that the party has been so taken or detained, be entitled to a commission of sequestration against the estate and effects of the disobedient party, and in case the sheriff shall make the return non est inventus to such writ or writs of attachment, the party prosecuting the same Order or Decree shall be entitled, at his option, either to a commission of sequestration in the first instance, or otherwise to an Order for the Serjeant-atArms, and to such other process as he hath hitherto been entitled to upon a return non est inventus made by the commissioners named in a commission of rebellion issued for the non-performance of an Order or Decree. XII. That every Order or Decree requiring any party to do an act thereby ordered shall state the time or the time after service of the Order or Decree, within which the act is to be done, and that upon the copy of the Order or Decree 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 obey this Order (or Decree) by the time therein limited, you will be liable to be arrested under a writ of attachment issued out of the High Court of Chancery, or by the Serjeant-at-Arms attending the same Court, and also be liable to have your estate sequestered for the purpose of compelling you to obey the same Order (or Decree)." 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 sum to be allowed for such costs shall be fixed by the Master, without taxation, at the time the Master allows the debt of such creditor, unless the Master shall think that such costs ought to be taxed in the regular mode, in which case the same shall be so taxed by the Master, and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established. (Signed) LYNDHURST, C. LANCELOT SHADWELL, V. C. London: printed by C. Roworth and Sons, Bell Yard, Temple Bar. (9) ORDER ISSUED BY THE LORD CHANCELLOR, 26TH OCTOBER, 1842. 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, and the Right Honourable the Vice Chancellor Sir James Wigram, doth hereby, in pursuance of an Act of Parliament passed in the fifth and sixth years of the reign of her present Majesty, intituled, "An Act for Abolishing certain Offices in the High Court of Chancery in England;" and in pursuance and execution of all other powers, enabling him in that behalf, order and direct in manner following: that is to say, Clerk of the Inrolments in Chancery. I. That all acknowledgments, affidavits, or affirmations required for the purpose of inrolling any deed or other document in Chancery may be made, sworn, or affirmed, before the Clerk of Inrolments in Chancery, or before any Clerk of Records and Writs, as occasion may require for the better dispatch of business. II. That the Clerk of Inrolments in Chancery shall take and receive all such fees and sums of money as have heretofore been lawfully received by the Clerks of Inrolments and their deputies, or by the Six Clerks, or any of them as Comptrollers of the Hanaper, or as Riding Clerk, and shall pay all such fees and sums of money into the Bank of England, in the name of the Accountant-General, to be placed to the credit of the account, intituled, "The Suitors' Fee Fund Account." Clerks of Records and Writs. III. That the Clerks of Records and Writs shall perform all such duties as have heretofore been performed by the Six Clerks, Sworn Clerks, or Waiting Clerks, as officers of the Court, in relation to the several matters hereinafter mentioned; that is to say, The filing, custody, copying, and amending of all informations, bills, demurrers, pleas, answers, and other pleadings and records. The entering of appearances, rules, consents, notes and memorandums of service. The certifying of appearances and proceedings. The custody of exhibits deposited for inspecting and copying. The attendance with records and exhibits on the Judges of the Courts, on the Masters in Ordinary, and at assizes or elsewhere. The inrolment of decrees and orders. And all other duties heretofore performed by the Six Clerks, Sworn Clerks, or Waiting Clerks, as officers of the Court in relation to suits and matters in equity, and not as attornies, solicitors or agents of the parties in suits or matters in equity. IV. That the Clerks of Records and Writs shall forthwith provide a seal in such form and bearing such impression as the Lord Chancellor shall approve of, and that any person desirous of suing out any writ which has heretofore been issued out of the Six Clerks' Office, may prepare the same in the present form, or in such other form as the Lord Chancellor may hereafter direct, and may present such writ for sealing to the Clerk of Records and Writs, in whose division the cause is, and such writs shall henceforth be open writs, and it shall no longer be necessary for the Lord Chancellor to sign any such writ, and that the Clerk of Records and Writs to whom any such writ shall be presented for sealing, shall thereupon ascertain whether such writ is correct in form, and whether the person presenting the same is according to the course and practice of the Court entitled to sue out the same, and in case it shall appear that such writ is correct in form, and that the person is entitled to sue out the same, such writ shall be forthwith sealed with such seal as aforesaid, and shall, when so sealed, have the same force and validity as such writ now has, when sealed with the great seal. V. That all exceptions for scandal, impertinence and insufficiency shall be filed with the Clerk of Records and Writs in whose division the cause may be. VI. That in cases where security for costs has heretofore been directed to be given to a Six Clerk, such security shall be directed to be given to the Clerk of Records and Writs in whose division the cause is. VII. That pleas, answers, affidavits or affirmations, whereon to ground process of contempt, affidavit or affirmations, required to be annexed to bills, and oaths or affirmations as to the carriage of pleas, answers, examinations or depositions of witnesses, taken before Commissioners in the country, may be sworn, affirmed or attested upon honour, before any Clerk of Records and Writs, or before the Clerk of Inrolment in Chancery, as occasion may require, for the better dispatch of business. VIII. That any Clerk of Records and Writs, being required to attend with any record or document at any assizes, or at any court or place out of the Court of Chancery, or the offices thereof, shall be entitled to require that the solicitor or party, desiring such his attendance, shall deposit with him a sufficient sum of money to answer his just fees, charges and expenses in respect of such attendance, and to undertake to pay |