ARTICLE (2.) Orders of 5 May, 1837, and 11 November, 1841, as to selection of Court, in the case of old suits. ARTICLE (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. ARTICLE (4.) to fees not pro- shall, so far as such Orders relate thereto, continue in full force until the same shall be otherwise abrogated, or until the business of the offices of the said Masters shall be finally closed, and the matters arising thereon wound up and determined, when all such Orders shall thereupon become ipso facto totally abrogated. (2.) The Orders of the 5th of May, 1837, so far as regards suits or matters commenced or originated before the 20th of May, 1837, and the 4th Order of the 11th of November, 1841, so far as regards suits or matters commenced or originated before that day, shall, as respects the ascertainment or selection of the Court to which such causes or matters are or ought to be attached, remain unaffected by the abrogation hereinbefore made (b). (3.) The abrogation aforesaid shall not extend to or affect any of the following Orders :— The Orders relating to the Suitors' Fund, or the Suitors' Fee Fund, or the Solicitor to the Suitors' Fund. The Orders of the 26th of May and 4th of November, 1725 (as to the custody of suitors' money and effects) which are recited in the statute 12 Geo. I. c. 32. And the Orders of the 1st of August 1741, and the 28th of August 1828 (as to Exchequer Orders and Bills), the Order of the 1st of November 1841 (as to Exchequer Powers of Attorney),—the Order of the 8th of July 1842 (as to Income Tax),-the Order of the 27th of July, 1852 (as to certain office routine), and the Orders of the 4th of March 1846 (as to the drainage of settled estates) (b). (4.) So far as any Order relates to any fee now payable in any office, or to any officer, of the said Court, and no provision is made by the Regulations sub (b) These Orders are printed in the Appendix. joined to these Orders as to fees in such office, or to such officer, such Order shall not be affected by the abrogation aforesaid. (5.) So far as any Order made before the 30th of ARTICLE (5.) Orders relating January 1857, and then in force, relates to Court to fees incurred fees or Solicitors' fees, such Order shall continue in before Feb. 1, force, for the purpose only of regulating Court fees and Solicitors' fees incurred before the 1st of February 1857. 1857. sonal or tempo (6.) Orders of a merely personal or temporary cha- ARTICLE (6.) racter shall not be affected by the abrogation aforesaid. Orders of a per(7.) Orders relating exclusively to the Common rary character. Law side of the Court shall not be hereby affected. ARTICLE (7.) Orders relating to the Law side RULE 2. 2. The abrogation hereinbefore made shall not be deemed of Court. to extend to any rules put forth by the authority of the Regulations Judges of the said Court, not purporting to be General not affected. Orders, but purporting to be mere Regulations. RULE 3. Old Suits, &c. to be governed by the same practice by 3. All suits and proceedings instituted at any time or times heretofore, and now governed by a practice of an earlier date than the present practice, shall continue to be so governed, except so far as these Consolidated Orders which they are introduce any new practice. 4. The practice peculiar to Claims shall continue in force with respect to Claims filed, or to be filed, before the fifteenth day of February, 1860. (See p. 36, infra.) now governed. RULE 4. Practice peculiar to Claims. RULE 5. Established 5. Notwithstanding anything herein before expressed, the abrogation herein before made shall not affect any practice origipractice of the said Court, or any practice or usage of, nated in or in, or connected with any of the offices of the said Court, Orders hereby sanctioned by or the officers thereof, which originated in, or was sanctioned abrogated. by, any of the Orders hereby abrogated, and is now existing, except so far as the same may be inconsistent with anything hereinafter contained. (See First Report of the Consolidators, p. x, supra.) RULE 6. No revival of things abolished by abrogated Orders. RULE 7. Construction Orders, where there is no variation. 6. Where any of the Orders hereby abrogated were intended to abolish any office, writ, practice, matter, fee, or thing, such abrogation shall not have the effect of reviving the same. 7. Every Order or part of an Order hereinafter conand operation tained which is a repetition, without variation, of an Order of consolidated or part of an Order hereby abrogated, shall receive the same construction as was put on such abrogated Order or part of an Order, and shall operate, not as a new Order, but in the same manner, whether as to the time of operation or otherwise, as such abrogated Order or part of an Order would have operated if this consolidation had not been effected. (See First Report of the Consolidators, p. xi, supra.) RULE 8. Construction and operation thereof, where there is variation. RULE 9. Time when new Orders shall take effect. 8. Every Order or part of an Order hereinafter contained which is a repetition, with variation, of an Order or part of an Order hereby abrogated, shall receive the same construction as was put on such abrogated Order or part of an Order, and shall operate, not as a new Order, but in the same manner, whether as to the time of operation or otherwise as such abrogated Order or part of an Order would have operated if this consolidation had not been effected, except so far as such variation indicates a contrary intention. And where the variation is of such a character as to be reasonably attributable, not to a variation of intention, but simply to a design to harmonise the style or language of the several Orders hereinafter incorporated, such variation shall not be deemed to indicate any such contrary intention. 9. All such Orders or parts of Orders hereinafter contained as are entirely new Orders or parts of Orders, and all such Orders or parts of Orders hereinafter contained as, having regard to the last preceding Rule of this Preliminary Order, shall be properly deemed to be new Orders or parts of Orders, shall take effect on the fifteenth day of February, 1860, as to suits and matters now depending or hereafter to be commenced or originated. RULE 10. Clause. 10. In these Orders, the following words have the several meanings hereby assigned to them, over and above their Interpretation several ordinary meanings, unless there be something in the subject or context repugnant to such construction, viz. :— (1.) Words importing the singular number include ARTICLE (1.) the plural number, and words importing the plural number include the singular number. (2.) Words importing the masculine gender include ARTICLE (2.) females. (3.) The word "person" or 'party," includes a ARTICLE (3.) (4.) The word "bill," includes information. ARTICLE (4.) ARTICLE (5.) (7.) The word "receiver," includes consignee and Article (7.) manager. (8.) "The Accountant-General" means the Ac- ARTICLE (8.) countant-General of the High Court of Chancery. (9.) The "Bank means the Bank of England, or ARTICLE (9.) the Governor and Company of the Bank of England. (10.) The word "decree" or "order" includes a ARTICLE (10.) dismission. (11.) In the Rules at the end of which the Orders ARTICLE (11.) of the 30th of March, 1859, are referred to, the word "party" means any person appearing at the hearing of the cause, or of the application respectively, as the case may be; and when any period is therein specified, the same shall (except as to decrees and orders made in vacations) be computed exclusive of vacations (30th March, 1859; Ord. 1.) ARTICLE (12.) RULE *11. Preservation of (12.) In the Rules at the end of which the Orders of the 22nd of August, 1859, are referred to, the word "money" includes interest or dividends on stock or securities, or any accumulations of interest or dividends. (22nd Aug. 1859; Ord. 1.) *11. For the better preservation of these and all future General Orders. General Orders of the said Court, (except Orders relating to the Suitors' Fund, or to the Suitors' Fee Fund, or to the solicitor of the Suitors' Fund, or to mere transfers of causes specified by name, and Orders of a merely temporary or personal character,) the originals as signed by the Judges, and (where the originals are in writing) correct printed copies thereof, authenticated by the signature of the senior Registrar for the time being, shall henceforth be deposited and kept in an iron chest provided for the purpose; and the Clerks of Records and Writs Index thereto. for the time being shall take care that an Index be made of such Orders according to their dates in a book to be kept for that purpose, and deposited in the said chest, and the said chest shall be kept at the Record and Writ Clerks' Office locked up; and the key thereof shall be in the custody of the Clerks of Records and Writs for the time being; and a duplicate of the said book and duplicate printed copies of such Orders shall be kept at the Report Office, and be accessible in the same manner as the other Indexes and Orders there kept. And two copies of the collection of Orders by John Beames, Esq., published by Reed and Hunter, in the year 1815, and two copies of the collection of Orders by George William Sanders, Esq., published by A. Maxwell and Son, in the year 1845, and two printed copies of each of the general Orders made subsequent to the date of the latest of the Orders contained in the said last-mentioned collection down to the present time, (except Orders relating to the Suitors' Fund, or to the Suitors' Fee Fund, or to the Solicitor of the Suitors' Fund, or to mere transfers of causes specified by name, and Orders of a merely personal or temporary character,) shall also be deposited and kept in the said chest. |