1 (1.) Orders as to the Masters, or their reports, or the business of their offices, or further proceedings on their reports (2.) Orders of 5 May, 1837, and 11 November, 1841, as to selection of Court, in the case of old suits 2 · (3.) Orders relating to the Suitors' Fund and Fee Fund; Orders as to the custody of suitors' money and effects; Orders as to Exchequer orders and bills, Exchequer powers of attorney, and Income Tax; Orders as to certain office routine; and Orders as to drainage of settled estates (4.) Orders relating to fees not provided for by subjoined regulations (5.) Orders relating to fees incurred before Feb. 1, 1857. (6.) Orders of a personal or temporary character (7.) Orders relating to the Law side of Court 2. Regulations not affected 3. Old Suits, &c., to be governed by the same practice by which they are now governed 5. Established practice originated in or sanctioned by Orders hereby abrogated 6. No revival of things abolished by abrogated Orders 7. Construction and operation of consolidated Orders, where there is no 8. Construction and operation thereof, where there is variation 9. Time when new Orders shall take effect 10. Interpretation Clause *11. Preservation of General Orders--Index thereto 3 3 333 4 GENERAL ORDERS. ORDER I. OFFICERS OF THE COURT. I. Accountant-General. *1. Money ordered to be paid to women who afterwards marry *2. Stocks, funds, shares, or securities ordered to be transferred or delivered to women who afterwards marry *3. Money to be paid, and stocks, funds, shares, or securities, to be transferred 4-6. Payments to surviving personal representatives. 8, 9. Within what time probate or letters of administration must have been 10. Payment to a partner or partners 11. Investment of dividends on stock purchased by the Accountant-General, pursuant to the Legacy Duty Acts, 36 Geo. 3, c. 52, s. 32, and 37 Geo. 3, c. 135. 12. Investment of interest and dividends by the Accountant-General, under an order directing the same 13. Purchase of Exchequer bills or bonds PAGE 8 8 8,9 10 14. Accountant-General to declare trust, without any direction in the order of investment or transfer 15. Accountant-General to draw on the Bank according to the Act and Orders, without any direction 16. Proceedings on sale of stocks, funds, shares, or securities 20. Documents to be left with the Registrar by person bespeaking a decree or order 14 21. Time for bespeaking decree or order, and leaving documents with Registrar 14 22. Consequence of default 14 23. Appointment of a time for settling draft decree or order 14 24. Service of a copy of such appointment-Attendance at the time appointed with documents 26. Production to the Registrar of proof of service 27. Appointment of time for passing the decree or order-Service thereof-Pro duction to the Registrar of proof of service 28. Default in attending appointment with documents 29. Form of appointment 30. Filing thereof. 31. Adjournment of an appointment 32. Liberty to settle or pass decree or order without appointment or notice 33. Meetings of Registrars. IV. Taxing Masters. (See Order XL. on Costs.) V. Chief Clerks of the Judges. (See Order XXXV. on Proceedings in Chambers.) *34. Meetings of Chief Clerks PAGE 15 15 15 16 16 16 16 17 . 17 VI. Clerk of the Inrolments in Chancery, and Clerks of Records and Writs. 35. Clerks of Records and Writs to perform (inter alia) duties which were performed by six clerks, sworn clerks, and waiting clerks, except as solicitors 17 *36. Erasure, blotting, interlineation, improper mode of writing, or disfigurement, in plea, answer, or affidavit 39. Swearing pleas, answers, and affidavits 40. Acknowledgments for inrolling documents 41. Transmission of inrolments to the Public Record Office 42. Removal of records or documents 43. Deposit to answer fees on attendance with records, and undertaking to pay further fees 20 44. Filing of certificates, petitions, admissions of evidence, submissions to arbitration, and awards-Transmission to the Report Office-Time for delivering out office copies 46. Indexes to reports, certificates, exceptions to reports, petitions, admissions of evidence, &c.-Access thereto 47. Entry of time of delivering certificate, with name of cause, and date of certificate-Entry of time of delivery of other documents-Access thereto 21 48. Reference to record to be affixed to all documents 49. Dates of decrees, orders, reports, and certificates to be entered in causebooks 50. References to dates and folios of Registrar's book. 51. Limitation of application of rules 52. Applications to Court of Exchequer for documents, records, &c., in Exchequer Causes transferred into Chancery 53. Certificate of proceedings in a cause or matter ORDER II. CONVEYANCING COUNSEL OF THE COURT. PAGE 1. How and by whom business referred to Conveyancing Counsel, to be distributed 2. Duty of person making the distribution 3. Proceedings for obtaining opinion, &c. of the Conveyancing Counsel 4. Inability or refusal of Counsel in rotation 5. Liberty to direct or transfer reference to any one of such Counsel ORDER III. 22 SOLICITORS AND PARTIES ACTING IN PERSON, AND SERVICE ON THEM RESPECTIVELY. 1. Solicitors and parties acting in person to perform duties formerly discharged by the sworn clerks and waiting clerks as solicitors 24 2. Solicitor to indorse his name or firm and place of business and address for service, and, where he is only agent, the name or firm and place of business of the principal solicitor 3. Change of solicitor 4. Service, where there is no address for service-Where there is address for service 5. Parties suing or defending in person to indorse name and residence, and address for service 6. Service, where there is no address for service-Where there is address for service 7. Service on town solicitor of person not a party 8. Service on defendant who has not entered an appearance 26 26 . 26 9. Notice of appearance, answer, demurrer, plea, or replication 10. Liability of solicitors signing certain documents 6. Lord Chancellor may vary times for attendance and vacations. 29 ORDER VI. SELECTION OF COURT. 1. How bills are to be marked 2. How Record and Writ Clerk's certificate is to be marked PAGE 30 30 30 30 31 *7. Provision for the case of a Vice-Chancellor ceasing to hold his office 8. Registrars to keep distinct lists 9. Application for orders of course 10. Applications to discharge, reverse, or alter orders of course 2225 32 32 11. Applications for special orders during vacations-Proviso as to rehearing 12. Applications to stay proceedings on decree or order appealed from 13. New trial of issue PARTIES, PERSONS UNDER DISABILITY, AND PAU pers. 3. Default in appearing or answering, by an infant or person non compos mentis―Assignment of solicitor as his guardian 5. Service of notice of decree or order, in case of infants or persons of unsound mind 34 6. Guardians ad litem for infants or persons of unsound mind who shall be served with notice of decree or order 7. Such guardians appointed during proceedings at Chambers 8. No person admitted to sue in forma pauperis without a certificate of 22335 |