ORDERS IN CHANCERY. COURT OF CHANCERY, The Right Honorable CHARLES CHRISTOPHER Lord CoTTENHAM, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honorable HENRY Lord LANGDALE, Master of the Rolls, and the Right Honorable Sir LANCELOT SHADWELL, Vice-Chancellor of England, doth hereby order and direct in manner following, that is to say, I. THAT in all cases in which it shall be alleged that the plaintiff is prosecuting the defendant, in this court and also in some other court, for the same matter, the defendant in eight days after filing his answer or further answer to the plaintiff's bill, shall be entitled, as of course, on motion or petition, to the usual order for the plaintiff to make his election in which court he will proceed, with the usual directions in that behalf, unless the plaintiff shall, before the expiration of the same eight days, have delivered exceptions to the defendant's answer, or have referred his further answer on former exceptions. And in case the plaintiff shall have delivered such exceptions, or referred the defendant's further answer within such time, the defendant shall be at liberty, by notice in writing to be served on the plaintiff's clerk in court, to require the plaintiff to procure the Master's report on such exceptions, within four days from the service of such notice. And if the plaintiff, being so served with such notice, shall not procure the Master's report in four days accordingly, or if the exceptions shall not be allowed, the defendant shall then be entitled, as of course, on motion or petition, to the usual order for the plaintiff to elect in which court he will proceed, with the usual directions. But in either of such cases, the plaintiff shall be at liberty to move that such order may be discharged on the merits confessed in the answer. II. THAT the plaintiff in any injunction cause having obtained the common injunction to stay proceedings at law, may (either before or after the answer of the defendant shall be put in, and whether such injunction shall or shall not have been continued to the hearing of the cause) obtain an order as of course, for leave to amend the bill without prejudice to the injunction; but that such order shall contain an undertaking by the plaintiff to amend the bill within one week after the date of the order, and in default thereof the order shall become void. And that in case the bill shall be amended pursuant to such order, the defendant shall thereupon, and although he may not have put in his answer to the bill or the amendments thereof, be at liberty to move the court on notice, to dissolve the injunction, on the ground that the bill as amended does not, even if the amendments be true, entitle the plaintiff thereto. III. THAT in case an injunction to stay proceedings at law shall be prayed for by the bill, and shall either not be obtained, or having been obtained, shall have been dissolved upon the merits stated in the answer, and the plaintiff shall afterwards amend his bill, and the defendant shall not plead, answer or demur to the amended bill within eight days after appearance, the plaintiff shall be entitled to move for an injunction, upon affidavit of the truth of the amendments. IV. THAT foreclosure causes when ready for hearing, may be ordered to be advanced for hearing, under the same circumstances, and subject to the same rules as other causes may be ordered to be so advanced.[1] V. THAT in all cases in which it shall appear, that certain preliminary accounts and inquiries must be taken and made, before the rights and interests of the parties to the cause can be ascertained, or the questions therein arising can be determined, the plaintiff shall be at liberty, at any time after the defendants shall have appeared to the bill, to move the court on notice, that such inquiries and accounts shall be made and taken; and that an order referring it to the Master to make such inquiries, and take such accounts, shall thereupon be made, without prejudice to any question in the cause, if it shall ap-pear to the court that the same will be beneficial to such (if any) parties to the cause as may not be competent to consent thereto, and that the same is consented to by such (if any) of the defendants, as, being competent to consent, have not put in their answer to the bill, and that the same is consented to by, or is proper to be made upon the statements contained in the answers of such (if any) of the defendants as have answered the bill.[1] VI. THAT whenever any order of course obtained from the Master of the Rolls, in any cause marked for or set down to be heard before the Lord Chancellor pursuant to the General Order of the 5th day of May, 1837, shall be alleged to have been irregularly obtained, any application to discharge the same for irregularity, shall in the first instance be made to the Master of the Rolls, and such cause and all other applications to be made therein, shall nevertheless continue subject to all the regulations of the said General Order, as if this order had not been made. [1] Vide Lewin v. Moline, 1 Beav. 99. COTTENHAM, C. LANCELOT SHADWELL, V. C. [2] Vide Logan v. Baines, 10 Sim. 604. Wilson v. Applegarth, id. 657. COURT OF CHANCERY. 10th May, 1839. The Right Honorable CHARLES CHRISTOPHER Lord COTTENHAM, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honorable HENRY Lord LANGDALE, Master of the Rolls, and the Right Honorable Sir LANCELOT SHADWELL, Vice Chancellor of England, doth hereby order and direct in manner following; that is to say, I. THAT every person, to whom in any cause or matter pending in this court, any sum of money or any costs have been ordered to be paid, shall after the lapse of one month from the time when such order for payment was duly passed and entered, be entitled by his clerk in court to sue out one or more writ or writs of fieri facias, or writ or writs of elegit, of the form hereinafter stated, or as near thereto as the circumstances of the case may require. II. THAT upon every such order hereafter to be entered, the entering clerk of this court, in whose division the same may be, shall, at the request of the party leaving the same, mark the day of the month and year on which the same shall be so left for entry, and no writ of fieri facias or elegit shall be sued out upon any such order, unless the date of such entry shall be so marked thereon as aforesaid. III. THAT such writs, when sealed, shall be delivered to the sheriff or other officer to whom the execution of the like writs issuing out of the superior Courts of Common Law belongs, and shall be executed by such sheriff or other officer, as nearly as may be, in the same manner in which he doth or ought to execute such like writs; aud such writs, when returned by such sheriff or other officer, shall be delivered to the clerks in court, by whom respectively they were sued out, or be left at their respective seats, and shall thereupon be filed as of record in the office of the Six Clerks of this Court. And that for the execution of such writs, such sheriff or other officer shall not take or be allowed any fees, other than such as are or shall be from time to time allowed by lawful authority, for the execution of the like writs issuing out of the superior Courts of Common Law. IV. THAT if it shall appear upon the return of any such writ of fieri facias as aforesaid, that the sheriff or other officer hath by virtue of such writ seized but not sold any goods of the person ordered to pay such sum of money or costs as aforesaid, the person to whom such sum of money or costs is payable, shall, immediately after such writ with such return shall be filed as of record, be at liberty by his clerk in court to sue out a writ of venditioni exponas in the form hereinafter stated, or as near thereto as the circumstances of the case may require. V. THAT on every such writ of fieri facias and elegit so to be issued as aforesaid, there shall be endorsed the words, "By the Court," and also thereunder the calling and place of residence of the party against whom such writ shall be issued, and also the name and residence or place of business of the solicitor at whose instance the same shall be issued, and the name of the Clerk in court issuing the same, and that every such writ be also endorsed for the sum to be levied according to the form used upon like writs issuing out of the superior Courts of Common Law. VI. THAT for every such writ of fieri facias or venditioni exponas so to be issued as aforesaid, there shall be allowed to the clerk in court issuing the same the sum of eighteen shillings and seven pence, and for every such writ of elegit the sum of one pound ten shillings, and that there be allowed to the solicitor at whose instance any writ of fieri facias, elegit, or venditioni exponas shall be issued, the sum of six shillings and eight pence for instructions for the said writ, and that there be also allowed to such solicitor the further sum of six shillings and eight pence for attending to procure a warrant, and for attending to instruct the officer charged with the execution of such writ. FORMS OF WRITS. No. I. Writ of Fieri Facias, on a Decree or Order of the Court of Chancery for Payment of Money. VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To the Sheriff of greeting. WE COMMAND you that of the goods and chattels of C. D. in your bailiwick, you cause to be made the sum of £ which lately before us in our High Court of Chancery in a certain cause, or certain causes (as the case may be) wherein A. B. is plaintiff, and C. D. is defendant, 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, bearing date the day of was decreed or ordered (as the case may be) to be paid by the said C. D. to A. B. And that of the goods and chattels of the said C. D. in your bailiwick, you further cause to be made interest upon the said sum of £ the day of at the rate of £4 per centum per annum, from (a) And that you have that money and interest before us, in our said court immediately after the execution hereof, to be paid to the said A. B. in pursuance of the said decree or order (as the case may be.) And that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ, make appear to us in (a) The day on which the decree or order was made, or if that were prior to the 1st October, 1838, say, "from the 1st day of October, 1838." |