ORDER VI.

Selection of
Court.

RULE 8. Registrars to keep distinct

lists.

8. The Registrars shall keep distinct lists of the causes and other matters set down to be heard before each Judge. (11th Nov. 1841; Ord. 7.)

9. All applications for orders of course to be obtained on petition or motion shall and may be made in the same manin all respects, as if the above Rules of this Order had not been made. (5th May 1837; Ord. 14.)

RULE 9. ner, Application for orders of

course.

RULE 10. Applications to discharge, reverse, or alter orders of

course.

RULE 11. Applications for special orders

during vacations.

10. Applications to discharge, reverse, or alter any order made on motion or petition of course by the Lord Chancellor, the Lords Justices, the Master of the Rolls, or one of the Vice-Chancellors, shall be made to the Judge to whom special applications in the cause or matter in which such order is made, ought to be made. (2nd Nov. 1850; Ord. 26.)

11. In the interval between the close of the sittings after any term and the commencement of the sittings before or at the beginning of the next ensuing term, applications for special orders may be made to any judge of the Court in the same manner as if the above rules of this Order had not been made; but the orders which shall be made in any such interval by the Lord Chancellor or the Lords Justices, or by the Master of the Rolls, or by any of the Vice-Chancellors, shall,—if not made by the Judge to whom the application, if made during the ordinary sittings of the Court, would have been made pursuant to the directions contained in this Order,-be marked as having been made for such Judge, and shall in the future proceedings of the cause be deemed to be the order of such Judge, in all respects, save this, that no order so made by one judge for another, under the circumstances aforesaid, shall be rehearing same. re-heard for the purpose of being discharged or varied, otherwise than by the Lord Chancellor or the Lords Justices. (5th May 1837; Ord. 15. 5th Aug. 1842.)

Proviso as to

RULE 12.

12. Every application to stay proceedings upon any Applications to decree or order which is appealed from, shall be made first ings on decree to the Judge who pronounced the decree or order.

stay proceed

or order ap

pealed from.

(3rd April 1828; Ord. 46.)

ORDER VI.

Court.

13. Every application for the new trial of any issue or question of fact directed by a Judge of this Court to be Selection of tried at law, shall be first made to the Judge who directed such issue or question of fact to be so tried. (3rd April New trial of 1828; Ord. 47.)

RULE 13.

issue.

ORDER VII.

PARTIES, PERSONS UNDER DISABILITY, AND PAUPERS.

I. Parties Generally.

1. In suits to execute the trusts of a will, it shall not be necessary to make the heir-at-law a party; but the plaintiff shall be at liberty to make the heir-at-law a party, where he desires to have the will established against him. (26th Aug. 1841; Ord. 31.)

ORDER VII. Parties,persons under disability, and paupers.

RULE 1. Heir-at-law.

2. Where the plaintiff has a joint and several demand RULE 2. against several persons, either as principals or sureties, and severally Parties jointly it shall not be necessary to bring before the Court, as liable. parties to a suit concerning such demand, all the persons liable thereto; but the plaintiff may proceed against one or more of the persons severally liable. (26th Aug. 1841; Ord. 32.)

II. Infants and Persons of Unsound Mind.

RULE 3.

Default in apswering, by an

pearing or an

infant or person non compos

3. Where, upon default made by a defendant in not appearing to or not answering a bill, it appears to the Court that such defendant is an infant or a person of weak or unsound mind not so found by inquisition, so that he is unable of himself to defend the suit, the Court may, upon the application mentis. of the plaintiff, order that one of the solicitors of the Court be assigned guardian of such defendant, by whom he may Assignment of appear to and answer or may appear to or answer the bill solicitor as his guardian. and defend the suit.

But no such order shall be made, unless it appears to the Court on the hearing of such application, that a copy of the

C

under dis

ability, and

paupers.

ORDER VII. bill was duly served in manner provided by the Stat. 15 & 16 Parties, persons Vict. c. 86, and that notice of such application was, after the expiration of the time allowed for appearing to or for answering the bill, and at least six clear days before the day in such notice named for hearing the application, served upon or left at the dwelling-house of the person with whom or under whose care such defendant was at the time of serving such copy of the bill, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian of such infant, unless the Court, at the time of hearing such application, shall dispense with such last-mentioned service. (8th May 1845; Ord. 32; and Ord. 16, Art. 48.)

RULE 4.

or answer of infant.

4. Where a plea and answer or a plea or answer severally Swearing plea shall be brought to be sworn by the guardian of an infant, the same shall not be sworn until the order appointing such guardian shall be produced to the person before whom the same shall be sworn. (25th Oct. 1699.)

RULE 5. Service of notice of decree or order, in

case of infants or persons of

5. Where any person required to be served with notice of a decree or order, pursuant to the 8th rule of the 42nd section of the Stat. 15 & 16 Vict. c. 86, is an infant or a person of unsound mind not found so by inquisition, unsound mind. the notice shall be served upon such person or persons and in such manner as the Judge to whose Court the cause is attached may direct. (1st June 1854; Ord. 5.) 6. Guardians ad litem appointed for infants or persons of unsound mind not found so by inquisition, who shall fants or persons be served with notice of any decree or order, shall be

RULE 6. Guardians ad litem for in

of unsound

mind who shall appointed in like manner as guardians ad litem to answer be served with and defend are appointed in suits on bills filed. (1st June 1854; Ord. 6.)

notice of de

cree or order.

RULE 7.

appointed dur

7. At any time during the proceedings at any Judge's Such guardians Chambers under any decree or order, the Judge may, if ing proceedings he shall think fit, require a guardian ad litem to be appointed for any infant or person of unsound mind not found so by inquisition, who has been served with notice of such decree or order. (1st June 1854; Ord. 7.)

at Chambers.

III. Paupers.

ORDER VII. Parties,persons under dis

paupers. RULE 8.

No person admitted to sue in

without a cer

counsel.

8. No person shall be admitted to prosecute any suit in ability, and this Court in forma pauperis, without a certificate of counsel, that he conceives the case to be proper for relief in this Court. (4th July 1688.) 9. After an admittance to sue or defend in forma pauperis, forma pauperis no fee, profit, or reward, shall be taken of the pauper by tificate of any counsel or solicitor, for the despatch of the pauper's business, during the time it shall depend in Court and he RULE 9. shall continue in forma pauperis; nor shall any agreement be Remuneration made for any recompence or reward afterwards. And any solicitor. person offending herein shall be deemed guilty of a contempt of Court; and the party admitted, who shall give any such fee or reward or make any such agreement, shall be from thenceforth dispaupered, and not be afterwards admitted again in that suit to sue or defend in forma pauperis. (22nd May 1661; Sanders, 312.)

to counsel or

RULE 10. Refusal of

counsel and

10. The counsel or solicitor assigned by the Court to assist a person admitted in forma pauperis, either to sue or defend, may not refuse so to do, unless such counsel solicitor or solicitor satisfy the Judge who granted the admittance, assigned. with some good reason for his unwillingness to be so assigned. (22nd May 1661; Sanders 312.)

RULE #11.

Process of con

and notices of

his behalf.

*11. No process of contempt shall be issued at the instance of any person suing or defending in forma pauperis, until it tempt at the be signed by his solicitor in the suit. And no notice of suit of a pauper, motion served or petition presented on behalf of any person motion or admitted to sue or defend in forma pauperis (except for the petitions on discharge of his solicitor) shall be of any effect, nor shall any person served with such notice or petition be bound to appear thereon, unless such notice or petition be signed by the solicitor of such person so suing or defending. And such solicitor shall take care that no such process be taken out, and that no such notice or petition be served, needlessly or for vexation, but upon just and good grounds (22nd May 1661; Sanders, 313.)

ORDER VIII.

Pleadings and written proceedings generally.

RULE 1. Signature of counsel.

RULE 2. Perusal by counsel.

Brevity.

Scandal.

RULE 3. Filing of proceedings.

RULE *4. Abolition of claims.

ORDER VIII.

PLEADINGS AND WRITTEN PROCEEDINGS GENERALLY.

1. The Clerks of Records and Writs shall not file any bill, exceptions, demurrer, plea, answer, or disclaimer, unless the same be signed by counsel. (Henry V. Ord. 17; and 22nd May 1661; Sanders, 298, 300.)

2. No counsel shall sign any bill, answer, or other pleading, unless it be drawn, or, at least, perused, by himself before it be signed. And counsel shall take care that deeds, writings, or records, be not unnecessarily set out therein in hæc verba; but that so much of them only as is pertinent and material be set out or stated, or the effect and substance of so much of them only as is pertinent and material be given, as counsel may deem advisable, without needless prolixity; and that no scandalous matter be inserted therein. (22nd May 1661; Sanders, 296.)

3. No bill, answer, or other pleading, shall be said to be of record, or be of any effect in Court, until the same be filed in the office of the Clerks of Records and Writs. (22nd May 1661; Sanders, 297. 8th May 1673, Ord. 4.)

*4. No claim shall be filed after the fourteenth day of February, 1860. (See note to the second Report of the Consolidators, supra, p. xv.)

ORDER IX.
Bille.

RULE 1. Value of subject matter.

ORDER IX.
BILLS.

I. Bills generally.

1. Every suit, the subject matter of which is under the value of £10, shall be dismissed, unless it be instituted to establish a general right, or unless there shall be some other special circumstance, which, in the opinion of the Court, shall make it reasonable that such suit should be retained. (29th Jan. 1618-19; Ord. 15.)