to the bill so amended. And this extends even to facts which may have occurred since the institution of the suit, if the cause is otherwise in such a state as to allow of amendment; or if not, the plaintiff is at liberty to annex a statement of such facts to the bill, and to require an answer to it from the defendant (c). 2. It frequently happens that the suit is abated by death or marriage of parties, or becomes defective by reason of some change or transmission of interest or liability. In such cases an order of revivor or a supplemental order to revive or carry on the proceedings, may in general be obtained as of course (d); and by serving it on all proper persons, they will become parties to the suit, and will be bound to appear to the same;-a guardian ad litem however being first appointed for such of them as may be infants or under any disability, that of coverture excepted (e). 3. By another provision also recently introduced, with a view to the object of diminishing delay and expense, persons interested in any question cognizable in the Court of Chancery (other than questions in bankruptcy, which constitutes a distinct and peculiar subject of jurisdiction), if they can concur in stating such question in the form of a special case for the opinion of the court,-are entitled to file such special case accordingly; subject to certain provisions for the protection of lunatics, married women, and infants, when they are included as concurring parties. And such special case having been set down for hearing, the court is authorized to determine the question, and by decree to declare its opinion thereon, without proceeding to administer And the declaration shall be as binding as it any relief. would have been if it had been contained in a decree made in a suit between the same parties, instituted by bill; and all executors, administrators, or trustees, making any pay (c) 15 & 16 Vict. c. 86, s. 53; s. 3. (e) 15 & 16 Vict. c. 86, s. 52; Consol. Gen. Ord. xxxii. Prior to this statute, it was necessary in such cases to resort to a bill of revivor, or in some instances to a supplemental bill. cause of appeal (y). Upon presenting which, and upon the appellant's entering into recognizance to pay all such costs as the House shall think fit to award (z), an order is made directing the respondent to put in his answer; which being done, either party may then apply to have the cause appointed for hearing: and the appellant and respondent are respectively to deliver their printed cases,-signed by one or more counsel engaged in the court below or in the hearing of the appeal, and containing a narrative of the proceedings below, with so much of the proofs as the parties intend respectively to rely upon (a). [But no new evidence is admitted in the House of Lords upon any account,-this being a distinct jurisdiction (b): which differs it very considerably from those instances wherein the same jurisdiction revises and corrects its own acts, as in rehearings and bills of review. For it is a practice unknown to our law, (though constantly followed in the spiritual courts,) when any superior court is reviewing the sentence of an inferior, to examine the justice of the former decree, by evidence that was never produced below.] We have thus touched upon the principal circumstances of a suit in chancery, adhering throughout to the regular and ordinary course of that proceeding. But there are some variations and occasional incidents, of which it will be proper here to take some notice. 1. It often happens in the course of a suit, that either of the parties have occasion to amend; and more particularly this happens in the case of a plaintiff, where, upon the putting in of the answer, the new light afforded by it suggests the necessity of adding new parties, or introducing new matter by way of amendment of his bill. Such an amendment is in all cases allowed, at least upon payment of costs; and the defendant (if required) must answer afresh (y) 58th Standing Order, House of Lords, 3rd March, 1697. (a) See Lords' S. O. cxv, cxvii. to the bill so amended. And this extends even to facts which may have occurred since the institution of the suit, if the cause is otherwise in such a state as to allow of amendment; or if not, the plaintiff is at liberty to annex a statement of such facts to the bill, and to require an answer to it from the defendant (c). 2. It frequently happens that the suit is abated by death or marriage of parties, or becomes defective by reason of some change or transmission of interest or liability. In such cases an order of revivor or a supplemental order to revive or carry on the proceedings, may in general be obtained as of course (d); and by serving it on all proper persons, they will become parties to the suit, and will be bound to appear to the same ;-a guardian ad litem however being first appointed for such of them as may be infants or under any disability, that of coverture excepted (e). 3. By another provision also recently introduced, with a view to the object of diminishing delay and expense, persons interested in any question cognizable in the Court of Chancery (other than questions in bankruptcy, which constitutes a distinct and peculiar subject of jurisdiction), if they can concur in stating such question in the form of a special case for the opinion of the court,-are entitled to file such special case accordingly; subject to certain provisions for the protection of lunatics, married women, and infants, when they are included as concurring parties. And such special case having been set down for hearing, the court is authorized to determine the question, and by decree to declare its opinion thereon, without proceeding to administer any relief. And the declaration shall be as binding as it would have been if it had been contained in a decree made in a suit between the same parties, instituted by bill; and all executors, administrators, or trustees, making any pay (c) 15 & 16 Vict. c. 86, s. 53; Consol. Gen. Ord. ix., rr. 8-24. (d) See 17 & 18 Vict. c. 100, s. 3. (e) 15 & 16 Vict. c. 86, s. 52; Consol. Gen. Ord. xxxii. Prior to this statute, it was necessary in such cases to resort to a bill of revivor, or in some instances to a supplemental bill. ment, or doing any act in conformity with the declaration, shall be protected, as they would have been by the express order of the court, made in such suit (ƒ). 4. There may also take place in the course of a suit-and sometimes without bill (g),-certain occasional or interlocutory incidents, viz. motions (h) and petitions (i). The first of these may be made at all stages of a suit, and are analogous to motions in the court of common law (k): but with this difference, that instead of granting, on a hearing ex parte, a rule to show cause in the first instance, a court of equity. proceeds, in the first instance, to a hearing of the parties on both sides; requiring him, however, by whom the motion is made, to give previous notice to his adversary of the nature and time of the intended application. A petition, also, is an incident of an interlocutory kind similar in general to a motion; but adopted in certain cases where a more special statement is required, than can conveniently be comprised in a mere notice of motion. Such statement is accordingly prepared in the form of a petition to one of the judges in equity, concluding with a prayer of the appropriate relief; on which a day is appointed by the judge for the hearing, and a copy of the petition and the appointment served on the opposite party. 5. Finally, it is to be remarked, that, though a suit in chancery is in general instituted by bill, this is not invariably the case,- for where the equitable rights of the Crown are concerned, (or the rights of those who are under its particular protection, such as the objects of a public charity,) the matter of complaint is brought forward by way of information filed in the name of the attorney-general or (g) See 18 & 19 Vict. c. 134, (f) 13 & 14 Vict. c. 35. An analogous provision was introduced, as regards a suit at law, by 3 & 4 Will. 4, c. 42, s. 25, and has been since extended by 15 & 16 Vict. c. 76, s. 42. Vide sup. vol. 111. pp. 663, s. 16. (h) See Consol. Gen. Ord. xxxiii. (i) See ibid. xxxiv. (k) As to motions, vide sup. pp. 2, 3. VOL. IV. F of the solicitor-general (l). If the rights of the Crown itself are not concerned, this is done at the instance of some person whose name is inserted in the information; and who is termed the relator, and made responsible for costs. Proceedings in chancery indeed in the matter of charities, may also be by another method. For by 52 Geo. III. c. 101, in all cases of breach of charitable trust-or whenever the direction of a court of equity shall be deemed necessary for the administration of such trust-any two or more persons may, (on obtaining the previous sanction of the attorneyof general or solicitor-general,) apply for relief by way petition to the Lord Chancellor, Master of the Rolls, or Keeper of the Great Seal; and such person shall be heard in a summary way; and the order which the court makes thereon shall be conclusive, unless within two years afterwards there be an appeal to the House of Lords (m). (7) In the construction of the Consol. Gen. Ord. the word "bill" is to include "information." (Preliminary Order, r. 4; see also 2 Madd. 164.) (m) See also the provision contained in 16 & 17 Vict. c. 137 (The Charitable Trusts Act, 1853), s. 28, as to making application at chambers, (and without information, bill or petition), in matters relating to charities. And as to the practice under this provision, see Consol. Gen. Ord. xli., r. 10, et seq. |