No 8.-Writ of Elegit on a Decree or Order of the Court of Chancery, for Payment of Money and Costs. day of VICTORIA, &c. To the Sheriff of greeting. WHEREAS, lately in our High Court of Chancery, in a certain cause or certain causes (as the case may be) there depending, wherein A. B. and others are plaintiffs, and C. D. and others are defendants, or in a certain matter there depending, intituled, “In the matter of E. F." (as the case may be) by a decree or order (as the case may be) of our said Court, made in the said cause or matter (as the case may be), and bearing date the it was decreed and ordered, or ordered (as the case may be), that C. D. should pay unto A. B. the sum of £ , together with certain costs as in the said decree or order (as the case may be) mentioned, and which costs have been taxed and allowed by G. H., esquire, one of the Masters of our said Court, at the sum of £ the certificate of the said Master, dated the And afterwards the said A. B. came into our said Court of Chancery, and according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D., or any one in trust for him, was seised or possessed of, on the day of in the year of our Lord (q), or at any time afterwards, as appears by day of day of or over which the said C. D., on the said (q), or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit; to hold to him the said goods and chattels, as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of £ and £ together with interest upon the said sum of £ at the rate of £4 per centum per annum, from (r), and on the said sum of £ at the (s), shall have been day of the day of rate aforesaid, from the levied. THEREFORE WE COMMAND you, that without delay you cause to be delivered to the said A. B. by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands and tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said C. D., or any person or persons (9) The day on which the decree or order was made. (r) The day on which the decree or order was made, or in case it was made prior to the 1st of October, 1838, say" from the 1st of October, 1838." (8) The date of the Master's certificate of taxation, or if that were prior to the 1st day of October, 1838, say "from the 1st day of October, 1838." in trust for him, was or were seised or possessed of, on the said day of (t), or at any time afterwards, or over which the said C. D. on the said day of (t), or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit; to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of £ , together with interest aforesaid, shall have been levied. And in what manner you shall have executed this our writ, make appear to us in our Court of Chancery aforesaid, immediately after the execution thereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement. And have there then this writ. and £ Witness ourself at Westminster, &c. No. 9.-Writ of Elegit on a Decree or Order of the Court of Chancery, for Payment of Money, Interest, and Costs. VICTORIA, &c. To the Sheriff of greeting. WHEREAS, lately in our High Court of Chancery, in a certain cause or certain causes (as the case may be) there depending, wherein A. B. and others are plaintiffs, and C. D. and others are defendants, or in a certain matter there depending, intituled, "In the matter of E. F." (as the case may be), by a decree or order (as the case may be) of our said court, made in the said cause or matter (as the case may be), and bearing date the day of it was ordered and decreed, or ordered (as the case may be), that C. B. should pay unto A. B. the sum of £ , together with interest thereon, after the rate of £4 per centum per annum, from the day of together also with certain costs, as in the said decree or order (as the case may be) mentioned, and which costs have been taxed and allowed by G. H., esquire, one of the Masters of our said Court, at the sum of £ the certificate of the said Master dated the And afterwards the said A. B. came into our said Court of Chancery, and according to the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D. or any one in trust for him was seised or possessed of on the day of in the year of our Lord (t), or at any time afterwards, or day of as appears by day of (u), or at over which the said C. D. on the said (t) The day on which the decree or order was made. without the assent of any other person, exercise for his own bene. fit; to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of £ and £ together with interest, at the rate of £4 per centum per (x), and on the said sum day of upon the said sum of £ annum, from the said day of aforesaid from the day of of £ , at the rate (y), shall have been levied. THEREFORE WE COMMAND you, that without delay you cause to be delivered to the said A. B., by a reasonable price and extent, all the goods and chattels of the said C. D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands and tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C. D., or any person or persons in trust for him, was or were seised or possessed of on the said day of (y), or at any time afterwards, or over which the said C. D. on the said (y), or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit; to hold the said goods and chattels to the said A. B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments, respectively, according to the nature and tenure thereof, to him and to his assigns, until the said two several sums of £ together with interest as aforesaid, shall have been levied. And in what manner you shall have executed this our writ, make appear to us in our Court of Chancery aforesaid, immediately after the execution thereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement. And have there then this writ. and £ Witness ourself at Westminster, &c. No. 10.-Writ of Venditioni Exponas. VICTORIA, &c. To the Sheriff of greeting. WHEREAS, by our writ we lately commanded you that of the goods and chattels of C. D. (here recite the fieri facias to the end). And on the day of , you returned to us in our Court of Chancery aforesaid that by virtue of the said writ to you directed, you had taken goods and chattels of the said C. D. to the value of the money and interest aforesaid, which said goods and chattels remained in your hands unsold for want of buyers: therefore we, being desirous that the said A. B. should be satisfied his money and interest aforesaid, command you, that you expose to (x) The date of the Master's certificate of taxation, or if that were prior to the 1st October, 1838, say," from the 1st day of October, 1838." (y) The day mentioned in the decree or order. sale and sell or cause to be sold the goods and chattels of the said C. D. by you in form aforesaid taken, and every part thereof, for the best price that can be gotten for the same, and have the money arising from such sale before us in our said Court of Chancery aforesaid, immediately after the execution hereof, to be paid to the said A. B. And have there then this writ. Witness ourself at Westminster, the the year of our reign. day of , in COTTENHAM, C. LANGDALE, M.R. LANCELOT SHADWELL, V. C. GENERAL ORDER, April 3rd, 1841, (2 Beav. xi.) IT is ordered, That, in all cases, where any stocks or funds are or shall be standing in the name of the Accountant-General of the Court to the general credit of any cause, or to the account of any class or classes of persons, and an order shall be made to prevent the transfer or payment of such stocks or funds, or any part thereof, without notice to the assignee of any person or persons entitled, in expectancy or otherwise, to any share or portion of such stocks or funds, the possession or possessions by whom any such order shall be obtained, or the shares of such stocks or funds affected by such order shall, at the discretion of the Court, be liable to pay any costs, charges, and expenses which, by reason of any such order having been obtained, shall be occasioned to any party to the cause, or any person interested in any such stocks or funds; and henceforward any person presenting a petition for any such order as aforesaid, shall not be required to serve such petition upon the parties to the cause; or, upon the persons interested in parts of the stocks or funds not sought to be affected by any such order. COTTENHAM, C. LANGDALE, M. R. LANCELOT SHADWELL, V. C. NOTE. The stop order as now drawn up by the registrars, is prefaced with a submission on the part of the assignee, to be bound by this order of the 3rd April, 1841. The NEW ORDERS for the Regulation of the Practice and Proceedings of the COURT OF CHANCERY; issued by the Lord Chancellor COTTENHAM, 26th August, 1841. THE Right Honourable CHARLES CHRISTOPHER Lord COTTENHAM, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable HENRY Lord LANGDALE, Master of the Rolls, doth hereby, in pursuance of an act of parliament, 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 passed in the fourth and fifth years of the reign of her present 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 in manner following; that is to say, I. THAT there shall forthwith be prepared a proper alphabetical book for the purposes after mentioned, and that such book shall be called the Solicitors' Book, and shall be publicly kept at the office of the Six Clerks, to be there inspected without fee or reward. II. That every solicitor, before he practise in this Court, in his own name solely, and not by an agent, whose name shall be duly entered as after mentioned, and every solicitor, before he practise as such agent, shall cause to be entered in the Solicitors' Book, in alphabetical order, his name and place of business, or some other proper place in London, Westminster, or the Borough of Southwark, or within two miles of Lincoln's Inn Hall, where he may be served with writs, notices, orders, warrants, rules, and other documents, proceed |