Notes on Equity.-New Orders in Chancery. CHANCERY. 51 various branches of the legislature which com- THE NEW ORDERS OF THE COURT OF pose and constitute and represent all classes and all interests of the community alike. If he had been happy enough to persuade or stimulate their lordships and the other house of parliament and the ministers of the crown to the doing of this great and good work, he had no wish whatever that any name but theirs should be inscribed upon that column." an We have thought it right to lose no time in bringing before our readers account of what is thus projected. We have, however, as yet seen none of the bills themselves; and we shall return to this discussion when we see that some progress is intended to be made in them in the present session. NOTES ON EQUITY. FORECLOSURE. AN absolute order for foreclosure will be made under the following circumstances :A mortgagor had been ordered to pay the mortgage money at the Rolls Chapel, between the hours of eleven and twelve in the forenoon. The mortgagee did not attend there until twenty minutes after eleven, and then waited an hour, during which time the mortgagor had not appeared. Anon. 1 Coll. 273. MARRIAGE ACT. Introductory. neral order of the 3rd April 1828, which are I. The several orders comprised in the gerespectively numbered 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 23rd November 1831, in numbered 6, 13, 16, 17, 18, and 19, and also such of the same orders as are respectively the general order of the 3rd 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 re spectively numbered 1 and 2, and the several orders comprised in the general order of the 26th August 1841, which are respectively num35, and the several orders comprised in the bered 1, 2, 3, 4, 5, 8, 14, 20, 21, 22, 33, 34, and are respectively numbered 1, 2, 4, and 5, and general order of the 11th of April 1842, which all other orders and parts of orders, so far as such other orders and parts of orders are inconsistent with these orders, but not further or otherwise, are hereby abrogated and discharged. 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. In order to sustain an information under the When the orders are to come into operation. 23rd section of the Marriage Act, a false affi- III. These orders are, as to all suits now davit that a party is of full age, is equivalent to depending or hereafter to be commenced, to a false affidavit that the necessary consent to a take effect on the 28th day of October 1845. minor's marriage has been obtained. "If I were so to construe this act," said Sir K. Bruce, “I think I ought not to attempt to construe another." Attorney-General v. Severne, 1 Coll. 313. SPECIFIC PERFORMANCE. an 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 importing the singular number include the plural number, and words importing the plural number include the singular number. 2. Words importing the masculine gender include females. 3. The word person or party includes a body 4. The word bill includes information. Where a vendor contracted to sell estate in fee, with a stipulation that if any dispute should arise as to the title, the same should be submitted to some eminent conveyancer, and that in case he should be of opinion that a good title could not be made, the contract should be rescinded. Upon the delivery of the abstract, it appeared that the vendor's mother had a life-interest in the premises, and that her interest was known to the vendor at the time of the contract. She refused to join in the conveyance to the purchaser. It was V. The several offices of the court, except held by Sir K. Bruce, V. C., that the vendor the offices of the accountant-general and of the was not entitled to rely on the before-mentioned masters in ordinary and taxing masters, are to stipulation as a ground for rescinding the be open on every day of the year, except contract, but that the contract must be specifi- Sundays, cally performed, with compensation in respect Good Friday, of the life-interest. Nelthorpe v. Holgate, 1 Coll. 203. Official attendance and vacations. Monday and Tuesday in Easter week, New Orders in Chancery. All days appointed by proclamation to be by reason thereof such act or proceeding canobserved as days of general fast or not be done or taken on that day, such act or thanksgiving. VI. The offices of the accountant-general, doing or taking the same, to be held to be duly proceeding is, so far as regards the time of and of the masters in ordinary and taxing mas-done or taken if done or taken on the day on ters, are to be open on every day in the year, which the offices shall next open. except the days specified in Örder V., and except during vacations. VII. The offices of the vacation master in ordinary, and of the vacation taxing master, are to be open during the vacations on every day except the days specified in Order V. VIII. The vacations to be observed in the 1. The Easter vacation is to commence and 3. The long vacation is to commence on the 5. The days of the commencement and ter- IX. The vacations in the office of the accountant-general 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 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. Computation of time. XI. When any limited time from and after any date or event is appointed or allowed for doing any act or taking 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 twentyeight 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 XIV. The times of vacation are not to be pointed or allowed for the following purposes; reckoned in the computation of the times ap1. Amending or obtaining orders for leave to amend bills. 2. Filing or referring exceptions, or obtain. 4. Filing replications, or setting down causes plaintiff do give security for costs is served, and XV. The day on which an order that the the time thenceforward until and including the be reckoned in the computation of time allowed day on which such security is given, is not to a defendant to plead, answer, or demur. Times allowed in procedure. same in town causes and country causes; and 1. The service of any subpoena, except a 2. The service of a copy of a bill upon a 3. If a defendant be served with a subpœna 1. An attachment may be issued against 2. An appearance may be entered for him on the application of the plaintiff. 3. If the bill prays for an injunction to stay proceedings at law, the plaintiff may obtain an order for the common injunction, if no injunction has been previously obtained. 4. In cases where a subpoena has been New Orders in Chancery. 5. A defendant, served with a copy of a bill under the 23rd of the Orders of the 26th August 1841, may, within twelve days after such service, enter a common or special appearance under the 26th or 27th of the same orders. If he does not do so, he cannot afterwards enter either a common or special appearance without leave of the court; and he is bound by the proceedings in the cause, unless the court otherwise directs. 6. Any person or party having filed exceptions to any pleading or other matter depending before the court for scandal, and any party having filed exceptions for impertinence, is to obtain an order to refer the same to the master within six days after the filing thereof. If he does not, the exceptions are to be considered as abandoned, and the costs are to be paid by the exceptant. 7. Any person or party having obtained an order to refer exceptions to the master for scandal, and any party having obtained an order to refer exceptions to the master for impertinence, is to obtain the master's report thereon within fourteen days after the date of the order, or within such further time as the master thinks fit to allow. If he does not, the order is to be con-. sidered as abandoned, and the costs are to be paid by the exceptant. 8. Any person or party objecting to the master's report that any pleading or other matter referred to him is scandalous, and any party objecting to the master's report that any pleading or other matter referred to him is impertinent, has four days after the filing of the report, within which he may file and set down exceptions there to and serve the order for setting down the same, before the scandal or impertinence is expunged. If he does not do so, the scandalous or impertinent matter is to be expunged. 9. Any person or party objecting to the master's report that any pleading or other matter referred to him is not scandalous, and any party objecting to the master's report that any pleading or other matter referred to him is not impertinent, has four days after the filing of the report, within which he may file and set down exceptions thereto and serve the order for setting down the same. 10. A defendant may demur alone to any bill within twelve days after his appearance thereto, but not afterwards. 11. A defendant desiring to avoid the com- If he does not plead, answer, or demur 53 12. A defendant who has appeared in person or by his own solicitor, and desires to show cause against an order to revive being made, has for that purpose only eight days after such appearance, within which he is to plead or demur to a bill of revivor. If he does not plead or demur within such eight days, the plaintiff is entitled as of course to the common order to revive. 13. A defendant is to plead, answer, or demur, not demurring alone, to any original or supplemental bill, within six weeks after appearance thereto has been entered by or for him. If he does not, and if he procures no en- 2. He may be committed to prison, and 14. If the plaintiff amends his bill under an If he does not, and if he procures no en- 2. He may be committed to prison, and brought to the bar of the court; 3. The plaintiff may file a traversing 15. If a defendant is ordered to answer 2. He may be committed to prison, and 3. The plaintiff may file a traversing note, or proceed to take the bill pro confesso against him. 16. If a defendant having already answered is served with a subpoena to appear and answer an amended bill, he is to plead, answer, or demur, not demurring alone, to such amended bill, within four weeks after an appearance thereto has been entered by or for him. If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities: New Orders in Chancery. 1. An attachment may be issued against 2. He may be committed to prison, and If he does not, such demurrer is to be If he does not, such demurrer is to be 19. Within three weeks after the filing of a 21. A defendant whose answer is excepted to, or referred back on former exceptions, alleging that the plaintiff is prosecuting him in this court, and also at law for the same matter, may by notice in writing require the plaintiff to procure the master's report upon the exceptions within four days from the service of the notice. And if the plaintiff does not obtain the master's report within such four days, such defendant is entitled as of course, on motion or petition, to obtain the usual order for the plaintiff to make his election in which court he will proceed. 22. After the filing of a defendant's answer the plaintiff has six weeks within which he may file exceptions thereto for insufficiency. If he does not file exceptions within six weeks, such answer on the expiration of the six weeks is to be deemed sufficient. 23. A defendant desiring to avoid a reference to the master of exceptions to his answer for insufficiency, has for that purpose only eight days after the filing of such exceptions within which he may submit to the same before reference. 24. If a defendant, not being in contempt, submits to exceptions to his answer for insufficiency before the plaintiff has obtained an order to refer the same to the master, he is allowed three weeks from the date of the submission within which he is to put in his further answer to the bill. 25. The plaintiff, having filed exceptions for insufficiency to a defendant's answer, is not to procure an order to refer them to the master before the expiration of eight days from the filing of such exceptions, unless in a case of election he is required by notice in writing from such defendant to procure the master's report on such exceptions in four days, pursuant to article 21 of this order. 26. The plaintiff, having filed exceptions for insufficiency to a defendant's answer, is to procure an order to refer them to the master after the expiration of eight days but within fourteen days from the filing of such exceptions, If he does not, the answer, on the expiration of such fourteen days, is to be deemed sufficient. 27. The plaintiff, having obtained an order for referring to the master exceptions to a defendant's answer for insufficiency, or for referring back a defendant's answer on former exceptions for insufficiency, is to obtain the master's report thereon within fourteen days from the date of the order, or within such further time as the master shall allow. If he does not, the answer, on the expira tion of such fourteen days or further time, is to be deemed sufficient. 28. The plaintiff, having shown exceptions to a defendant's answer for insufficiency as cause against dissolving an injunction, is to obtain the master's report thereon within four days after the date of the order to refer them. If he does not, the injunction is dissolved. 29. After the filing of exceptions to a defendant's answer for insufficiency, and any further answer put in, the plaintiff has fourteen days from the filing of such further answer within which he may refer the answer back to the master on the old exceptions. The answer, if not referred back on the 30. If, after a reference of exceptions for New Orders in Chancery. from the master, or does not answer 31. The answer of a defendant is to be 1. If no exception for insufficiency be filed 2. If (exceptions being filed) the plaintiff 3. If (after obtaining such order) he does 4. If he does not obtain an order to refer 32. In cases where there is a sole defendant, 33. In cases where there are several defendants who do not join in the same answer, the plaintiff (if not precluded from amending, or limited as to the time of amending by some former order) may, after answer and before replication or undertaking to reply, at any time within four weeks after the last answer is deemed or found to be sufficient, obtain one order of course, for leave to amend his bill. 34. The plaintiff, having obtained an order for leave to amend his bill, has, in all cases in which such order is not made without prejudice to an injunction, fourteen days after the date of the order within which he may amend such bill. If such bill be not amended within such fourteen days, the order for leave to amend becomes void, and the cause as to dismissal stands in the same situation as if such order had not been made. 35. The plaintiff, having obtained an order for leave to amend his bill without prejudice to an injunction, must amend such bill within seven days from the date of the order. If such bill be not amended within such seven days, the order for leave to amend becomes void, and the cause as to dismissal stands in the same situation as if such order had not been made. 36. A defendant, being served with subpoena 55 to answer an amended bill praying an injunction to stay proceedings at law, and desiring to avoid a motion for an injunction on affidavit of the truth of the amendments, has for that purpose only eight days after appearance within which he is to plead, answer, or demur to such amended bill. 37. The plaintiff (not obtaining an order for leave to amend his bill) must either file his replication or set down the cause to be heard on bill and answer within four weeks after the last answer is deemed or found to be sufficient. Otherwise any defendant may move to dismiss the bill for want of prosecution. 38. If the plaintiff amends his bill without requiring an answer to the amendments, any defendant desiring to answer the same must put in his answer thereto within eight days after being served with notice of the amendment of the bill, or within such further time as the master may allow. 39. Where the plaintiff amends his bill without requiring an answer to the amendments, and no answer is put in thereto, and no warrant for further time to answer the same is served within eight days after service of the notice of the amendment of such bill, the plaintiff is, after the expiration of such eight days, but within fourteen days from the time of such service, either to file his replication or to set down the cause to be heard upon bill and answer. Otherwise any defendant may move to dismiss the bill for want of prosecution. 40. Where the plaintiff amends his bill without requiring an answer to the amendments, and a defendant within eight days after the service of the notice of the filing of the amended bill serves a warrant for further time to answer the amendments, but the master refuses to grant such further time, the plaintiff is, within fourteen days after such refusal, either to file his replication or to set down the cause to be heard on bill and answer. Otherwise defendant any may move to dismiss the bill for want of prosecution. 41. If a defendant puts in an answer to amendments to which the plaintiff has not required an answer, the plaintiff must, within fourteen days after the filing of such answer, either file his replication or set down the cause to be heard on bill and answer, unless in the mean time he obtains from the court a special order for leave to except to such answer or to amend the bill. Otherwise any defendant may move to dismiss the bill for want of prosecution. 42. Parties desiring to examine witnesses by commission are not to apply for a warrant to name commissioners to examine witnesses until after the expiration of four days from the filing of the replication. 43. After the replication is filed, parties have |