ORDER XLI. under the Sta- tion of the Court. RULE 10. II. Proceedings under the Statute 16 & 17 Vict. c. 137, relating to Charitable Trusts. 10. Any application to a Judge in Chambers under "The Charitable Trusts Act, 1853," section twenty-eight, Application to shall be made by summons, and such summons may be in be by summons. the form set out in Schedule (K) No. I., or as near thereto as the nature of the case may permit. (9th Dec. 1853.) Form of sum mons. RULE 11. Fees. RULE 12. 11. The fees payable on proceedings before a Judge in Chambers under the said Act, shall be the same as the fees payable according to the Orders XXXVIII. and XXXIX., in respect of other proceedings commencing by summons, and shall also, in all other respects, be regulated by those Orders. (9th Dec. 1853.) 12. Where the Judge directs that any matter comFees and costs. menced by summons under the said Act shall be heard in open Court, the same fees shall be payable, and the same costs shall be allowed, as would have been payable in respect of any other matter so heard. (9th Dec. 1853.) RULE 13. Appeal. RULE 14. Name, address, and description of, and place for service on petitioner. 13. No order made under the said Act by the Judge in Chambers, shall be subject to appeal, where the gross annual income of the charity has not been declared by the Charity Commissioners for England and Wales to exceed one hundred pounds, unless the Judge by whom such order may have been made, shall certify that such appeal ought to be permitted, either absolutely or on such terms as the Judge may think fit to impose. (9th Dec. 1853.) III. Proceedings under the Statute 19 & 20 Vict. c. 120, relating to Leases and Sales of Settled Estates. 14. Every petition under the Act, and every public and private notice required by the Act, shall set forth the name, address, and description of the petitioner, and also a place in London, Westminster, or the borough of Southwark, or within two miles from the Record and Writ Clerks' Office, where he may be served with any order of the Court or of the Judge in Chambers, or notice relating to the subject of the petition. (15th Nov. 1856; Ord. 1.) ORDER XLI. Proceedings under the Sta tutory Juris diction of the Court. RULE 15. notices, affi 15. All petitions and notices, and also all affidavits and other proceedings under the Act, shall be entitled in the matter of the Act, and in the matter of the property in question, mentioning the county and parish or place in which it is situate, and describing it by general terms; and every such petition shall be marked with the words "Master How petitions, of the Rolls," or with the title of the Vice-Chancellor be- davits, and profore whom it is intended to be heard. (15th Nov. 1856; ceedings enOrd. 2.) 16. After any such petition has been presented, appli- petition. cation may be made ex parte and in Chambers to the Judge RULE 16. before whom it is intended to be heard, for directions in Directions as to advertisements. what newspapers the notices required by the Act are to be inserted. (15th Nov. 1856; Ord. 3.) titled. Marking of RULE 17. motions under s. 20. 17. Motions under the 20th section of the Act may be made ex parte, within seven clear days after the publication Time for of the advertisement which may be last inserted in the newspaper, but not later, except by special leave of the Court; and every order made on any such motion must be Service of order served on the petitioner within four days after the making made thereon. thereof. (15th Nov. 1856; Ord. 4.) 18. If the person obtaining such order shall require a copy RULE 18. of the petition, such person shall, at the time of serving copy of petition. Application for such order, make a written application to the petitioner for such copy, with an undertaking to pay all proper charges for the same. (15th Nov. 1856; Ord. 5.) payment. 19. Within two clear days after such application, a copy RULE 19. of the petition shall be ready to be delivered, and shall be Delivery and delivered on demand, and on payment for the same, after the rate of fourpence per folio. (15th Nov. 1856; Ord. 6.) Time for hearing of petition. 20. No petition under the Act shall be set down for hear- RULE 20. ing until after the expiration of twenty-one days from the publication of the last of the advertisements. (15th Nov. 1856; Ord. 7.) RULE 21. Evidence of no 21. Upon every application under the Act, the Court must be satisfied by sufficient evidence that no such previous previous appliapplication to Parliament as is mentioned in the 21st section cation to Parliament. ORDER XLI. of the Act, has been made and rejected, or reported against. Proceedings under the Sta- (15th Nov. 1856; Ord. 8.) tutory Jurisdiction of the Court. RULE 22. 22. On every application under the Act for authority to sell, the Court must be satisfied by sufficient evidence who are the parties interested in the estate, whose consent is Evidence as to required by the Act, and what are the circumstances which parties interrender the proposed sale proper and expedient. (15th Nov. 1856; Ord. 9.) ested, and as to expediency of sale. RULE 23. Special directions under s. 36. ments notice under s. 22 indorsed. 23. Where, under the provisions of the 36th section of the Act, it shall be necessary to obtain the special directions of the Court for any application to the Court, or any consent to such application, such special directions may be obtained ex parte by summons at the Chambers of the Judge to whose Court the application may be intended to be made or may have been made. (15th Nov. 1856; Ord. 10.) RULE 24. 24. Every Order of the Court made in pursuance of the Order to specify on what docu- powers conferred on it by the Act, shall specify on what document or documents (if any) the notice referred to by the 22nd section of the Act shall be placed or indorsed; and the Judge may, if he thinks fit, require that such document or documents so indorsed shall be produced in Court for his inspection; and in case of any such Order relating to lands in a register county or district, the Court may order a duplicate or a memorial of the same to be registered. (15th Nov. 1856; Ord. 11.) RULE 25. ances. 25. The fees and allowances to all officers and solicitors Fees and allow of the Court, in respect of the matters under the Act, shall be such fees and allowances as by the practice of the Court, and Orders XXXVIII. and XXXIX. they are entitled to take and charge for business of a similar nature. (15th Nov. 1856; Ord. 12.) RULE 26. Question to be IV. Proceedings under the Statute 21 & 22 Vict., c. 27, relating to the Amendment of the Procedure in the Court of Chancery. 26. Any question of fact, or any question as to the amount of damages, which shall in any suit or proceeding be directed ORDER XLI. under the Sta tutory Jurisdiction of the Court. tried to be certain form, by any order to be tried by a jury before the Court itself, or before the Court itself without a jury, shall be reduced into writing in the form set forth in Schedule (N.), No. 1 or 2, and the same shall be copied on parchment by the plaintiff or such person as the Court shall direct, or by the solicitor for such plaintiff or person, and shall be reduced into a called the "Record for Trial;" and the same shall be filed copied, and with the Clerk of Records and Writs in whose division called the " Resuch suit or proceeding may be, within three days such order shall have been passed and entered; within three days after such filing as aforesaid, the same shall be entered for trial as hereinafter mentioned. (4th April 1859; Ord. 3.) cord for Trial," after and filed, and and entered for trial. RULE 27. 27. Where the Court shall order such question or questions to be tried by a special jury, a direction to that effect Direction for shall be contained in the order directing such trial. (4th April 1859; Ord. 4.) special jury. 28. Upon production to the Registrar of a certificate of RULE 28. the Clerk of Records and Writs that the "Record for Trial" Entering for trial, has been filed, the same shall be set down for trial in the Cause Book of the Judge to whose Court the suit or proceeding is attached, and shall be marked "Trial by Jury," and markir.g or "Trial before the Court without a Jury," as the case may be; and either party may apply to the Court to fix a Day for trial. day for such trial. (4th April 1859; Ord. 5.) same. 29. Where such trial is to take place by a common RULE 29. jury before the Court itself, the plaintiff or such person serving order Obtaining and as aforesaid, ten days at the least before the day fixed for for common jury. such trial, shall obtain, on motion or petition as of course, and serve on the Sheriff, or, if he is interested in the matter in question, then upon the Coroner, an order for such Sheriff or Coroner to summon a common jury for such trial, which order shall be in the form set forth in Schedule (N), Form of order. No. 3. (4th April 1859; Ord. 6.) RULE 30. Obtaining and 30. Where the Court shall have specially directed such question or questions to be tried by a special jury, the serving an plaintiff or such other person as aforesaid, shall, ten days order for special at the least before the day fixed for such trial, obtain jury, where under the Sta Court. on the ORDER XLI. on motion or petition as of course, and serve Proceedings Sheriff or Coroner as aforesaid, and on the opposite party, tutory Juris an order for a special jury, which order shall be in the diction of the form set forth in Schedule (N), No. 4; and the exdirected by the pense of such special jury shall in the first instance be borne and paid by the plaintiff or such other person as aforesaid, but shall afterwards be paid and borne as the Court shall direct. (4th April 1859; Ord. 7.) Court. Expense of special jury. RULE 31. Obtaining and serving an order for a special jury, where not Court. 31. Where the Court shall not have specially directed such question or questions to be tried by a special jury, either party shall be at liberty, fourteen days at the least before the day fixed for such trial, to obtain on motion or petition directed by the of course, an order for a special jury, and shall serve the same on the opposite party twelve days at the least, and on the Sheriff or Coroner ten days at the least, before the day fixed for such trial; and the expense of such special jury shall in the first instance be borne by the party obtaining the same; but if the Court upon such trial shall be of opinion that it was proper that such trial should be had by a special jury, the Court may give such directions as to the costs thereof as it shall think fit. (4th April 1859; Ord. 8.) Expense of special jury. RULE 32. Summoning common jury in addition to special jury. RULE 33. Return of order and jury panel. 32. Where an order shall have been made for a special jury, such Sheriff or Coroner shall, in addition to the special jury, summon twelve common jurymen for such trial, in order that, in the event of a sufficient number of special jurors not being in attendance to make a jury, a tales may be directed by the Court or prayed for by either party, as hereinafter provided. (4th April 1859; Ord. 9.) 33. The order for any such common or special jury as aforesaid shall be returned by such Sheriff or Coroner to the solicitor or person who shall have lodged the same, together with his return and the jury panel; and such order and jury panel shall, two days at the least before the of Records and day of trial, be left with the Clerk of Record and Writs to Writs, to be an- be annexed to the Record for trial. (4th April 1859; Leaving same with the Clerk nexed to the Record. Ord. 10.) |