and Supplying counsel with copies of or extracts from necessary documents. 1845. Copies of documents for counsel. Rule to guide the taxing Masters But in allowing such costs, the taxing Master is not to allow to such party any costs which do not appear to have been necessary or proper for the attainment of thereon. justice, or for defending his rights, or which appear to have been incurred through over caution, negligence, or mistake, or merely at the desire of the party. CXXI. The costs of such copies of pleadings and proceedings as have heretofore been allowed in the taxation of costs between party and in country causes, party are, hereafter, to be allowed in the taxation of costs between party and party in town causes. Same costs of copies to be allowed in town causes as in country causes. Court may declare any ings improper, or of unneces sary length, or refer it to the taxing Master to distinguish. CXXII. If upon the hearing of any cause, petition, or motion, the Court is of opinion that any pleading, petition, or affidavit which has not been referred for impertinence, of any part of any such pleading, petition, or affidavit, is improper or of unnecessary length, the Court may either declare such pleading, petition, or affidavit, or any part thereof, to be improper or of unnecessary length, or may direct the taxing master to look into such pleading, petition, or affidavit, and distinguish what parts or part thereof are or is improper or of unnecessary length, and may direct the taxing master to ascertain the costs occasioned to any party by such parts or part thereof as, in the one case, may have been declared to be, and in the other case may have been distinguished as being, improper, or of unnecessary As to the length, and may make such order as is just for the payment, set-off, or other allowance of such costs. costs thereof. Upon interlocutory CXXIII. Upon interlocutory applications, where the Court deems it proper to award costs to either party, application the 1845. Court may award sum in gross for costs. Taxing Master may tax the costs with out any order of reference, in certain cases, which are to be recoverable by subpæna. Costs of cross bill of discovery. Affidavits to the Court may, by the order, direct payment of a sum in gross in lieu of taxed costs, and direct by and to whom such sum in gross is to be paid. CXXIV. In cases where a bill or petition is dismissed with costs, or a motion is refused with costs, or any costs are by any general or special order ordered or decreed to be paid, the taxing Master may tax such costs without any order referring the same for taxation, unless the Court, upon the application of the party alleging himself to be aggrieved, prohibits the taxation of such costs; and the costs to be certified by the taxing Master are to be recovered by subpæna. CXXV. The costs of a bill of discovery filed by any Defendant to a bill for relief are to be costs in the original cause, unless the Court otherwise orders. Affidavits. CXXVI. All affidavits are to be taken and expressed be in the first in the first person of the deponent. person. Copies of affi davits to be CXXVII. All copies of affidavits are to be ready for ready in forty- delivery within forty-eight hours after the same are be eight hours. Costs of affi davits not ex spoke. CXXVIII. Any solicitor, party, or person filing an pressed in first affidavit not taken and expressed in the first person of the deponent is not to be allowed the costs of preparing and filing such affidavit in any taxation of costs. person to be disallowed. 1845. Forms of Subpoena. 1.-To appear and answer, or to appear only, when the writ is to be served on a Defendant [or Defendants] within the jurisdiction. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. Το greeting. We command you [and every of you, where more than one Defendant], that within eight 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, an information, or amended bill, or information, bill of revivor, bill of 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 of contempt as our said Court shall award. Witness ourself at Westminister the day of DEVON. Subpœna to appear, or to appear and answer. [The following Memorandum to be placed at the foot.] Appearances are to be entered at the record and writ clerk's 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 at your expense, and you will be subject to an attachment against your person, and such other process as the Court shall award, and to such order or decree being made against you as the Court shall think just, upon the Plaintiff's own showing. 2.-To appear and answer when the writ is, by leave of the Court, to be served on a Defendant [or Defendants] out of the juris diction. Victoria, &c. To, &c. We command you [and every of you, where more than one Defendant], that within [insert the time directed by the order giving leave to Subpoena to appear and answer where served out of the jurisdiction. 1845. to serve the writ out of the jurisdiction] after the service of this writ Witness, &c. DEVON. (The following Memorandum to be placed at the foot.] Appearances are to be entered at the record and writ clerk's 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 at your expense, and if you do not plead, answer, or demur to the bill, &c. within the time limited by the above writ, you will be subject to such process as the Court shall award, and to such order or decree being made against you as the Court shall think just, upon the Plaintiff's own showing. Subpœna to appear, where to be served out of jurisdiction. 3.- Subpoena to appear, when the writ is, by leave of the Court, to be served on a Defendant [or Defendants] out of the jurisdiction. Victoria, &c. To, &c. We command you [and every of you, where more than one Defendant], that within [insert the time directed by the order giving leave to serve the writ out of the jurisdiction] 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, &c.] 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 such process as our said Court shall award. 1845. Witness, &c. DEVON. [The following Memorandum to be placed at the foot.] Appearances are to be entered at the record and writ clerk's 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 at your expense, and you will be subject to such process as the Court shall award, and to such order or decree being made against you, as the Court shall think just upon the Plaintiff's own showing. 4.- Subpœna to hear Judgment. Victoria, &c. To greeting. We command you [and every of you] that you appear before our Lord High Chancellor [or before his Lordship or Honour the Master of the Rolls, as the cause may be set down] on the day of next, or whenever thereafter a certain cause now depending in our High Court of Chancery wherein A. B. [and others, or another, are or] is Plaintiff [or Plaintiffs], and C. D. [and others, or another, are or] is Defendant [or Defendants], shall come on for hearing, then and there to receive and abide by such judgment and decree as shall then or thereafter be made and pronounced, upon pain of judgment being pronounced against you by default. Witness, &c. Subpœna to hear judg ment. DEVON. 5.-Subpoena for Costs. Victoria, &c. Το greeting. We command you [and every of you] that you pay or cause to be paid, immediately after the service of this writ, to bearer of these presents, L. or the costs [in a cause wherein A. B. [and others, or another, are or] is Plaintiff [or Plaintiffs], and C. D. Subpæna for costs. |