in the first seven of Lord Brougham's orders, in which pœna to be the solicitor. prepared by it is ordered, "That all writs of subpoena in this Writs of sub• Court shall be prepared by the solicitor of the party requiring the same, and that the seal for sealing the " same shall be marked or inscribed with the words 6 usual form, 'Subpoena Office, Chancery.' And such writs 'shall be in the forms mentioned at the foot of these ' orders,* or as near as may be, with such alterations ⚫ and variations as circumstances may require. (B. 1). That a præcipe in the usual form, and containing Præcipe in the 'further the particulars hereinafter mentioned (as to and also con'the names and residences of the solicitors issuing other specified particulars, to 'the same) shall in all cases be delivered and filed at be delivered 'the Subpoena Office. And that on a subpoena for ' costs being sealed, the certificate or report shall be ' produced to the officer sealing the writ as his autho 6 taining certain and filed at the Subpoena Office. of the præ rity for sealing it. (B. 2). That the name or firm Indorsement ' and the place of business or residence of the solicitor cipe. subpœna. or solicitors issuing a subpoena, shall be indorsed 'thereon; and where such solicitors shall be agents only, then there shall be further indorsed thereon 'the name or firm and place of business or residence ⚫ of the principal solicitor or solicitors. (B. 3). That Service of the service of subpoenas shall be effected by delivering a copy of the writ and of the indorsement thereon, and at the same time producing the ori'ginal writ; and that in all cases where a subpoena 'might heretofore have been served by leaving the body thereof at the party's dwelling-house, or other'wise than personally, it shall be sufficient to leave a * See App. p. xxxvi. Costs of sub pœnas. Costs of subpœnas duces tecum. Time within which subpœna must be served. 6 copy of such subpoena in the same manner, producing the original writ to the person with whom 'such copy shall be so left. (B. 4). That every subpœna, other than a subpœna duces tecum, shall con'tain three names where necessary or required, and 'that a gross sum or fee of twelve shillings and sixpence shall be the amount allowed in costs for every 'subpœna duces tecum, including the præcipe, attend'ance, and sum paid for sealing, and five shillings and tenpence each for all other subpoenas; in addition to which last-mentioned sum, the solicitor suing out 'the same shall be allowed one fee of six shillings and eight-pence for the præcipes and attendance on sealing such subpoenas as heretofore, where the num'ber of names included therein shall not exceed nine, ' and if they shall exceed nine in number, then an ad'ditional fee of six shillings and eight-pence, and if they exceed eighteen, a further fee of six shillings ' and eight-pence, and so in proportion for every ad'ditional number of nine names included in such subpœnas. (B. 5). That no more than three persons shall be included in one subpœna duces tecum; ' and that the party suing out the same shall be at liberty to sue a subpoena for each person if it shall ⚫ be deemed necessary or desirable, and that the sum ' of twelve shillings and sixpence shall be allowed in ' costs for every such subpoena, including the præcipe, attendance, and sum paid for sealing the same. (B. 6). That the time for serving any subpoena (except for costs) shall be limited to the last day of 'the term next following the term or vacation in ' which it was sued out; and that in the interval be 6 'tween the suing out and service of any subpœna, SECTION 2. Of the Subpoena to appear and answer. preparatio THE subpoena is to be prepared by the solicitor of Form and the party requiring it. The form of it is as follows, of the subor as near as may be, with such alterations and variations as circumstances may require. (B. 1.) VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, We command you [and every of you, where more than one defendant] that within [four days if a town cause, or eight days if a country cause] days after the service of this writ on you, exclusive of the day of such service, laying all other matters and excuses aside, you do cause an appearance to be entered for you in our High Court of Chancery to a Bill [or as the case may be, "Information," or "to an amended Bill," or "Information," or "of Revivor," or "Revivor and Supplement," or "Supplemental Bill,”] filed against you by["and others" or " 'another,"] and that you do answer concerning such things as shall then and there be alleged against you, and observe what our said Court shall direct in this behalf, upon pain of an attachment issuing against your person, and such other process for contempt as the Court shall pœna. award. Witness ourself at Westminster the in the year of our reign. day of COURTENAY. Instead of the memorandum hitherto placed at the foot of the subpoena, it is now ordered, (C. & L. 14), "That the memorandum at the foot of the sub· pœna to appear and answer, shall hereafter be in the form following; that is to say, Appearances are to be entered at the Six Clerks' Office, in Chancery Lane, London, and if you do not cause your appearance to be entered within the time limited by the above writ, the plaintiff will be at liberty to enter an appearance for you; and you will be subject to an attachment and the other consequences of not answering the plaintiff's bill, if you do not put in your answer thereto within the time limited by the General Orders of the Court for that purpose.' Every subpoena shall contain three names where necessary or required (B. 5). At the time of applying to have the subpoena sealed, the solicitor must leave a præcipe in the following form: "Subpoena A. B. to appear in Chancery, returnable in four days [if a town cause, or in eight days if a country cause] at the suit of C. D. (Solicitor's name and address).” This præcipe must be indorsed with the name or firm and place of business or residence of the solicitors or attornies by whom it is issued, and when such solicitors shall be agents only, then there shall be further indorsed thereon the name or firm and place of business or residence of the principal solicitor or solicitors. (B. 3). This præcipe so indorsed must be filed at the Subpoena Office. (B. 2). SECTION 3. Service of the Subpoena to appear and answer. subpœna. THIS writ is to be served by delivering a copy of Service of the the writ and of the indorsement thereon, and at the same time producing the original writ; and where the writ might heretofore have been served by leaving the body thereof at the party's dwelling-house, or otherwise than personally, it shall be sufficient to leave a copy of such subpoena in the same manner, producing the original writ to the person with whom such copy shall be so left. (B. 4). Previous to Lord Lyndhurst's Orders it was usual to insert three names in each subpoena, which consisted of a body under seal and two labels; these labels were required by the rules of the Court to be served personally, (oftentimes at very considerable trouble, inconvenience and expense), whereas the body might be served, by leaving it at the defendant's dwelling-house, or with his servant or one of his family (Bea. Ord. Ch. 169, 171). By Lord Lyndhurst's Orders the name of one defendant only was inserted in each subpoena, so that the inconvenience of personal service was avoided. By Lord Brougham's Orders the old practice of inserting three names in each subpoena having been returned to, it was very properly provided, that where the subpoena could have been theretofore served by leaving the body of the writ, it should be good service to leave a copy of it. (B. 4). Service of a subpoena by leaving a copy at the defendant's residence, sealed up in a letter, |