ORDER OF COURT. 1845. 8th May, 1845. c. 94. 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 Honour able 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 fourth year of the reign of Her present Majesty, intituled "An act for faci- 3 & 4 Vict. litating 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 4 & 5 Vict. act of the fourth year of the reign of Her sent Majesty, intituled An act for facilitating the administration of justice in the Court of Chancery," and in pursuance and execution of all other powers enabling him in that behalf, order and direct that all and every the rules, orders, and directions herein-after set forth shall henceforth be, and for all purposes be deemed and taken to be, General Orders and Rules of the High Court of Chancery, viz. Introductory. pre c. 52. I. The several Orders comprised in the General Order Repeal of of the 3d of April 1828, which are respectively num- cified General a 3 certain spe bered Orders. 1845. bered 1, 2, 3, 4, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 31, 37, and 38, and the amendments made by the General Order of the 23d day of November 1831, in such of the same Orders as are respectively numbered 6, 13, 16, 17, 18, and 19, and also the General Order of the 3d day of April 1830, and also the several Orders comprised in the General Order of the 21st of December 1833 which are respectively numbered 1, 7, 8, 10, 12, 13, 14, 18, 21, 22, 26, 34, 35, and 36, and the several Orders comprised in the General Order of the 9th of May 1839 which are respectively numbered 1 and 2, and the several Orders comprised in the General Order of the 26th of August 1841 which are respectively numbered 1, 2, 3, 4, 5, 8, 14, 20, 21, 22, 33, 34, and 35, and the several Orders comprised in the General Order of the 11th of April 1842 which are respectively numbered 1, 2, 4, and 5, and all other Orders and parts of Orders, so far as such other Orders and parts of Orders sistent Orders. are inconsistent with these Orders, but not further or otherwise, are hereby abrogated and discharged. and of all other incon These Orders to take effect on the 28th of October 1845. Interpretation Clause. II. All former Orders and parts of Orders not specified in Order I., so far as the same are now in force, and consistent with these Orders, are to remain in full force and effect. When the Orders are to come into Operation. III. These Orders are, as to all suits now depending or hereafter to be commenced, to take effect on the 28th day of October 1845. Interpretation. IV. In these Orders the following words have the several meanings hereby assigned to them, over and above their several ordinary meanings, unless there be something in the subject or context repugnant to such construction; viz. 1. Words 1. Words importing the singular number include the plural number, and words importing the plural number include the singular number. 1845. 1. Number. 2. Words importing the masculine gender include 2. Gender. females. 3. The word person or party includes a body politic 3." Person or or corporate. 4. The word bill includes information. 5. The word plaintiff includes informant. Official Attendance and Vacations. party." 4. "Bill." 5. "Plaintiff." tendance and V. The several offices of the Court, except the offices Official atof the Accountant-General and of the Masters in ordinary and Taxing Masters, are to be open on every day of the year, except Sundays, Good Friday, Monday and Tuesday in Easter Week, Christmas day, and — All days appointed by proclamation to be ob served as days of general fast or thanks- vacations. countantGeneral and VI. The offices of the Accountant-General, and of Ditto, in Acthe Masters in ordinary and Taxing Masters, are to be open on every day of the year, except the days specified Masters' in Order V., and except during vacations. Offices. Vacation VII. The offices of the vacation Master in ordinary, Ditto, in and of the vacation Taxing Master, are to be open Master's during the vacations on every day except the days spe- Office. cified in Order V. VIII. The vacations to be observed in the several Vacations. offices of the Court, except in the office of the Accountant-General, are to be four in every year, viz. the 1845. Easter. Whitsun. Long. Christmas. First and last days to be included. Vacations in Lord Chancellor may Easter vacation, the Whitsun vacation, the long vacation, and the Christmas vacation; and— 1. The Easter Vacation is to commence and terminate 2. The Whitsun Vacation is to commence on the third 4. The Christmas Vacation is to commence on the 5. The days of the commencement and termination of each vacation are to be included in and reckoned part of such vacation. IX. The vacations in the office of the AccountantGeneral are to be the same as in the other offices, except as to the Long Vacation, which, in that office, is to commence and terminate on such days as the Lord Chancellor shall every year direct. X. The Lord Chancellor may from time to time, by modify order special order, direct the offices to be closed on days other than those mentioned in Order V., and direct any of the vacations to commence and terminate on days different from the fixed days mentioned in Order VIII. as to vacations. Computation of time. First day to be excluded, the last to be included. Computation of Time. XI. When any limited time from or after any date or event is appointed or allowed for doing any act or taking any any proceeding, the computation of such limited time is not to include the day of such date or of the happening of such event, but is to commence at the beginning of the next following day; and the act or proceeding is to be done or taken at the latest on the last day of such limited time according to such computation. XII. When the time for doing any act or taking any proceeding is limited by months not expressed to be calendar months, such time is to be computed by lunar months of twenty-eight days each. XIII. When the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding is, so far as regards the time of doing or taking the same, to be held to be duly done or taken if done or taken on the day on which the offices shall next open. XIV. The times of vacation are not to be reckoned in the computation of the times appointed or allowed for the following purposes; 1845. Month to mean twentyeight days. Sunday or holiday, when not to be reckoned. Vacations, when not to be reckoned. 1. Amending or obtaining orders for leave to amend 1. Amend bills. ments. 2. Filing or referring exceptions, or obtaining a 2. Excepmaster's report on exceptions, in cases where the tions. time is not limited by the order of reference, or by notice given pursuant to Article 21. of 3. Setting down pleas, demurrers, or objections for 3. Setting want of parties. 4. Filing replications, or setting down causes under the directions of Article 41. of Order XVI. down pleas, &c. 4. Replica tions and setting down causes, under Art. 41. Ord. XV. The xvi. |