ORDER XXII. Taking Bills pro Confesso. RULE 10. Passing and entering de cree. RULE 11. Service of copy of decree and notice as to ap 10. A decree founded on a bill taken pro confesso is to be passed and entered as other decrees. (8th May 1845; Ord. 85.) 11. After a decree founded on a bill taken pro confesso has been passed and entered, an office copy thereof shall (unless the Court shall dispense with service thereof) be served on the defendant against whom the order to take the bill pro confesso was made, or his solicitor; and where plication for the decree is not absolute under the 8th Rule of this Order, leave to answer such defendant or his solicitor shall be at the same time served with a notice to the effect that if such defendant desires permission to answer the plaintiff's bill and set aside the decree, application for that purpose must be made to the Court within the time specified in the notice, or that otherwise such defendant will be absolutely excluded from making any such application. (8th May 1845; Ord. 86.) and set aside decree, where RULE 12. Time for making application. RULE 13. Leave of Court before execu 12. Where such notice as is mentioned in the 11th Rule of this Order is to be served within the jurisdiction of the Court, the time therein specified for such application to be made by the defendant shall be three weeks after service of such notice; but where such notice is to be served out of the jurisdiction of the Court, such time shall be specially appointed by the Court on the ex parte application of the plaintiff. (8th May 1845; Ord. 87.) 13. No proceeding shall be taken, and no receiver appointed under the decree nor any sequestrator under any tion of decree. sequestration issued in pursuance thereof shall take possession of or in any manner intermeddle with any part of the real or personal estate of a defendant, and no other process shall issue to compel performance of the decree, without leave of the Court, to be obtained on motion with notice served on such defendant or his solicitor, unless the Court shall dispense with such service. (8th May 1845; Ord. 88.) RULE 14. Rehearing. 14. Any defendant waiving all objection to the order to take the bill pro confesso, and submitting to pay such costs as the Court may direct, may, before inrolment of the decree, have the cause reheard upon the merits stated in the bill; the petition for rehearing being signed by counsel as other petitions for rehearing. (8th May 1845; Ord. 89.) ORDER XXII. pro Confesso. 15. Where a decree is not absolute under the 8th Rule Where a decree of this Order, the Court may order the same to be made not absolute absolute on the motion of the plaintiff, made, under the absolute. (1.) After the expiration of three weeks from the service of a copy of the decree on a defendant, where ARTICLE (1.) the decree has been served within the jurisdiction. (2.) After the expiration of the time limited by ARTICLE (2.) the notice provided for by the 11th Rule of this Order, where the decree has been served without the jurisdiction. (3.) After the expiration of three years from the ARTICLE (3.) date of the decree, where a defendant has not been served with a copy thereof. And such order may be made either on the first hearing of such motion, or on the expiration of any further time which the Court may on the hearing of such motion allow to the defendant for presenting a petition for leave to answer the bill. (8th May 1845; Ord. 90.) RULE 16. leave to answer cree not abso 15th Rule. 16. Where the decree is not absolute under the 8th Rule, and has not been made absolute under the 15th Rule of this Application for Order, and a defendant has a case upon merits not appearing bill, where dein the bill, he may apply to the Court by petition, stating lute under such case, and submitting to such terms with respect to the 8th or the costs and otherwise as the Court may think reasonable, for leave to answer the bill; and the Court, if satisfied that such case is proper to be submitted to the judgment of the Court, may, if it think fit, and upon such terms as seem just, vacate the inrolment (if any) of the decree, and permit such defendant to answer the bill; and where permission is so given to put in an answer, leave may be given to file a separate replication to such answer, and issue may be joined, and witnesses examined, and such proceedings had as if the decree had not been made and no proceedings against such defendant had been had in the cause. (8th May 1845; Ord. 91.) ORDER XXII. pro Confesso. 17. The rights and liabilities of any plaintiff or defendant under a decree made upon a bill taken pro confesso shall extend to the representatives of any deceased plainRepresentatives tiff or defendant, and to any persons claiming under any of parties. person who was plaintiff or defendant at the time when the decree was pronounced. And with reference to the New interests. altered state of parties and any new interests acquired, the Court may, upon motion or petition served in such manner and supported by such evidence as under the circumstances of the case the Court may deem sufficient, permit any party or the representative of any party to file such bill, or adopt such proceedings as the nature and circumstances of the case require, for the purpose of having the decree (if absolute) duly executed, or for the purpose of having the matter of the decree (if not absolute) duly considered, and the rights of the parties duly ascertained and determined. (8th May 1845; Ord. 92.) ORDER XXIII. Decrees and orders. RULE 1. words" The Judge," Clerk of Records and ORDER XXIII. DECREES AND ORDERS. 1. In any decree or order where the words "The Meaning of the Judge " are used, such expression shall mean the Judge to ," "The whose Court the cause or matter wherein such decree or Master," "The order is made is for the time being attached. Where the words "The Taxing Master" are used, such expression Writs," as used shall mean the Taxing Master in rotation, or, in case any in any special previous reference shall have been made, the Taxing Master to whom the cause or matter stands referred, as the case may be; and where the words "The Clerk of Records and Writs" are used, such expression shall mean the Clerk of Records and Writs in whose division the cause or matter wherein such order is made, is. (22nd Aug. 1859; Ord. 18.) order. RULE 2. Contents of decrees and orders. 2. It shall not be necessary in drawing up any decree or order, to insert the year of the Sovereign, or to recite any of the pleadings or any part of the petition or notice of Decrees and orders. motion, as the case may be, or any previous decree or order ORDER XXIII. in the cause or matter, or any report, certificate, affidavit, or other document that has been, or before the decree or order is completed shall be, filed or recorded in the Court; but it shall be sufficient to refer thereto; save only that in matters of contempt, or where the decree or order varies from some general rule, and in such other cases as the Court shall direct or the Registrar shall in his discretion see fit, the Registrar shall make such short recitals as may be necessary to show the grounds on which the decree or order is granted. (12th April 1853. 21st Dec. 1833; Ord. 27.) RULE 3. Money, secu 3. Where any sums of money or any securities or other effects belonging to the suitors of the Court are directed rities, or effects to be paid into or deposited in the Bank, with the privity of to be specified in words the Accountant-General, or to be paid out, or invested in at length. the purchase of stocks, funds, or securities; or where any stocks, funds, or shares are directed to be transferred into the name and with the privity of the Accountant-General, or to be transferred out of Court, carried over, or delivered out, the exact sum of money, the amount of the stocks, funds, shares, or securities, and the particulars of the effects so to be paid in, transferred, or deposited, or so to be paid out, invested, transferred out, carried over, or delivered out, shall be ascertained by the Registrar and specified and expressed in the decree or order, in words written at length; except in the case of residues or shares of residues of money, stocks, funds, or securities remaining after a portion directed to be applied for particular purposes, the amount of which cannot be ascertained at the time of making the decree or order; in which cases the amount of such resi- Ascertaining dues or shares of residues shall be verified by affidavit, with- residues and out any direction for that purpose in the decree or order, dues. unless such residues or shares shall be certified by the Taxing Master, who shall be at liberty to certify the same without a direction for that purpose in such decree or order. (21st Dec. 1833; Ord. 28. 22nd Aug. 1859; Ord. 12.) 4. Where a residue of cash, stocks, funds, shares, or securities is directed by any decree or order to be operated shares of resi RULE 4. Residues to be Decrees and orders. verified, and specified in words at length. ORDER XXIII. upon by the Accountant-General, the exact amount of such residue, where the same can be done, shall (if required by the Registrar) be verified by affidavit to be produced to the Registrar, and shall be expressed and specified in the decree or order in words at length, so that the amount of such residue may appear on the face of the decree or order. (21st Dec. 1833; Ord. 28. 7th Dec. 1839.) RULE 5. 5. All persons, whether representatives or others, who Description of persons by or to are directed to pay into, or deposit in, the Bank, any whom money, sum of money, securities, or other effects with the privity effects are to be of the Accountant-General, or to transfer any stocks, funds, paid, &c. securities, or or shares into his name and with his privity, and all persons, whether representatives or others, to whom any sums of money, stocks, funds, shares, securities, or other effects are directed to be paid out, transferred, carried over, or delivered out, shall, except in the case of bodies corporate, companies, or societies, be described by name in the decree or order, and not merely as plaintiffs or petitioners or the like, unless such payments, transfers, carryings over, or deliveries are directed to be made to or by representatives, and no probate or letters of administration shall have been taken out at the time of making such decree or order. And the christian names and surnames or titles of honour of all such persons, and the titles of all such bodies corporate, companies, and societies, shall be written at length and without abbreviations in such decrees or orders. (21st Dec. 1833; Ord. 28.) 6. In all decrees or orders directing the payment of Time for pay interest, dividends, annuities, or other periodical payments, odical payments the time when the first of such payments, and when all to be specified subsequent periodical payments, whether quarterly, halfyearly, yearly, or otherwise, shall be made, shall be specified and expressed in words at length. (21st Dec. 1833; Ord. 28.) RULE 6. ment of peri at length. RULE 7. may be stated in a Schedule 7. Where any stocks, funds, shares, or securities, standing Where amounts in the name of the Accountant-General, in trust in or to the credit of any cause, matter, or account, or any part thereof, are or is directed to be divided and transferred or delivered out of Court to or among several persons, or to to an order. |