Decrees and orders. be carried over to several separate accounts; and where ORDER XXIII. any money is directed to be paid out to or among several persons, or carried over to several separate accounts, the Registrar shall be at liberty, where it shall appear to him to be more convenient so to do, to state the respective amounts of such stocks, funds, shares, securities, or money to be so transferred, paid, or carried over, in a Schedule at the foot of the decree or order; and it shall be sufficient to refer to such Schedule in the mandatory part of the decree or order; but in every such case, the total amount of the stocks, funds, shares, securities, or money, respectively, to be dealt with in such Schedule, shall be stated in words at length in the mandatory part of the decree or order. (22nd Aug. 1859; Ord. 15.) RULE 8. Direction as to payment of a proportion of interest or divi dends to personal representatives of 8. Where, upon or after the death of any person to whom the interest or dividends of any stocks, funds, shares, or securities standing in the name of the Accountant-General, in trust in or to the credit of any cause, matter, or account, or any part of such interest or dividends, were or was payable for life, an order is made for the sale, transfer, tenant for life. or delivery of such stocks, funds, shares, or securities, or for payment of the interest or dividends to accrue due thereon subsequently to the death of such person; the same order shall also provide for the payment to the legal personal representatives of such person, of such proportion of the interest or dividends on such stocks, funds, shares, or securities, as shall have accrued between the last period of payment, and the day of his death, unless the Court or Judge shall be of opinion that such legal personal representatives are not entitled thereto, or shall for any other reason otherwise direct. (22nd Aug. 1859; Ord. 11.) RULE 9. Legacy or suc 9. Every decree or order whereby the AccountantGeneral is directed to pay or transfer any fund or part cession duty on of any fund in respect of which any duty shall be payable fund in Court. to the revenue under the Acts relating to legacy or succession duty, shall, unless such decree or order expressly provides for the payment of the duty, also direct the AccountantGeneral to have regard to the circumstance that such duty Decrees and orders. ORDER XXIII. is payable. And where by any decree or order any carrying over to a separate account of any fund in respect of which any such duty may be chargeable is directed, the words, "subject to legacy duty," or "subject to succession duty," as the case may be, shall be added to the title of the account. And in order the better to provide security against the payment or transfer by the Accountant-General of any fund chargeable with any such duty, without the duty being first paid, the Accountant-General, on receiving notice from the proper officer that the duty is payable, shall cause a memorandum to be made in his books in conformity with such notice; and the Accountant-General, before executing any decree or order directing the payment or transfer of any fund or part of any fund in respect of which any such duty shall be payable, shall require the production of the official receipt for the duty, or a certificate from the proper officer of the payment of the duty, chargeable in respect of any such fund or any part thereof respectively, by any such decree or order directed to be paid or transferred. (9th March 1854.) RULE 10. Decrees and orders to state the time for doing the act consequences 10. Every decree or order made in any suit or matter, requiring any person to do an act thereby ordered, shall state the time, or the time after service of the decree required. Me- or order, within which the act is to be done; and upon morandum of the copy of the decree or order which shall be served on copy served. upon the person required to obey the same, there shall be indorsed a memorandum in the words or to the effect following, viz. :-"If you, the within-named A. B., neglect to obey this decree [or order] by the time therein limited, you will be liable to be arrested under a Writ of Attachment issued out of the High Court of Chancery, or by the Serjeant-at-Arms attending the same Court, and also be liable to have your estate sequestered for the purpose of compelling you to obey the same decree [or order].” (18th July 1857; amending 12th Ord. of 11th April 1842.) 11. Where a defendant, at the hearing of a cause, objects Decree saving that a suit is defective for want of parties, and has not by absent parties. plea or answer taken the objection, and therein specified by RULE 11. the rights of name or description the parties to whom the objection ORDER XXIII. applies, the Court, if it shall think fit, may make a decree saving the rights of the absent parties. (26th Aug. 1841; Ord. 40.) Decrees and orders. Decree on de 12. Where a defendant makes default at the hearing of RULE 12. a cause, the decree shall be absolute in the first instance, fault of dewithout giving the defendant a day to show cause; and such fendant. decree shall have the same force and effect as if the same had been a decree nisi in the first instance, and afterwards made absolute in default of cause shown by the defendant. (26th Aug. 1841; Ord. 44.) Dismissal on 13. If the plaintiff, after the cause is set down to be RULE 13. heard, causes the bill to be dismissed on his own application, plaintiff's apor if the cause is called on to be heard in Court and the plication or default. plaintiff makes default, and by reason thereof the bill is dismissed, such dismissal, unless the Court shall otherwise direct, shall be equivalent to a dismissal on the merits, and may be pleaded in bar to another suit for the same matter. (8th May 1845; Ord. 117.) 14. Every decree or order for an account of the personal RULE 14. Inquiry as to estate of a testator or intestate shall contain a direction personalty outfor an inquiry what parts (if any) of such personal estate standing or are outstanding or undisposed of, unless the Court shall otherwise direct. (26th Aug. 1841; Ord. 45.) undisposed of. RULE 15. Directions as to accounts and numbered. 15. Where by any decree or order, whether made in Court or in Chambers, any accounts are directed to be taken or inquiries to be made, each direction shall be inquiries to be numbered, so that, as far as may be, each distinct account and inquiry may be designated by a number, and such decree or order may be in the form set forth in Schedule (D), with such variations as the circumstances of the case may require. (16th Oct. 1852; Ord. 8.) 16. In taking any account directed by any decree or order, all just allowances shall be made, without any direction for that purpose in such decree or order. (22nd Aug. 1859; Ord. 16.) RULE 16. Just allowances. RULE 17. Drawing up, 17. With a view to the convenience of the suitors and their solicitors, and for the purpose of diminishing the ex- passing, and orders. entering, of orders of course at the Rolls." ORDER XXIII. pense of orders on petitions of course which according to Decrees and the practice of the Court may be presented to the Master of the Rolls, one of the secretaries of the Master of the Rolls shall, upon any such petitions of course (except upon petitions for setting down causes to be reheard) which shall be presented to his Honor, instead of answering such petitions, draw up the orders thereon in such form as the Master of the Rolls shall from time to time direct, every such order to be signed as passed with the initials of such secretary; and the under secretary shall enter, or cause to be entered, every such order in a book to be kept at the secretary's office at the Rolls for that purpose, and shall then mark and sign such order with his initials, as entered; and the suitors of the Court and their solicitors shall have access to the said book, during office hours, without the payment of any fee. And every such order so to be made. as aforesaid, shall have the same force and effect as orders of course passed by the Registrars have. (21st Dec. 1833; Ord. 29.) RULE 18. Time for motion to add to a decree. RULE 19. Service of no tice of decree to be entered. RULE 20. How such no tice entitled and indorsed. 18. The time within which a party served with notice of a decree under the Stat. 15 & 16 Vict. c. 86, s. 42, may apply to the Court to add to the decree, shall be one month after such service. (7th Aug. 1852, 1st Set, Ord. 40.) 19. A memorandum of the service upon any person of notice of the decree in any suit under the 8th Rule of the same section, shall be entered in the office of the Clerks of Records and Writs, upon due proof by affidavit of such service. (7th Aug. 1852, 1st Set, Ord. 41.) 20. Notice of a decree or order served pursuant to the 8th Rule of the same section shall be entitled in the cause, and there shall be indorsed thereon a memorandum in the form or to the effect following, that is to say, "Take notice, that, from the time of the service of this notice, you [or, as the case may be, the infant, or person of unsound mind,] will be bound by the proceedings in the above cause in the same manner as if you [or, the said infant, or person of unsound mind] had been originally made a party to the suit; and that you [or, the said infant, or person of Orders. unsound mind] may, by an order of course, have liberty ORDER XXIII. to attend the proceedings under the within-mentioned de- Decrees and cree [or, order]; and that you [or, the said infant, or person of unsound mind] may, within one month after the service of this notice, apply to the Court to add to the decree [or, order]." (1st June 1854 ; Ord. 8.) RULE 21. Clerical mis 21. Clerical mistakes in decrees or orders, or errors arising from any accidental slip or omission, may at any takes or accitime before inrolment be corrected upon motion or petition, dental slips. without the form and expense of a rehearing. (3rd April 1828; Ord. 45.) RULE 22. Breach of con 22. Where any person who has obtained any decree or order upon condition, does not perform or comply with ditional decree such condition, he shall be considered to have waived or or order. abandoned such decree or order so far as the same is beneficial to himself; and any other person interested in the matter may, on breach or non-performance of the condition, take either such proceedings as the decree or order may in such case warrant, or such proceedings as might have been taken if no such decree or order had been made, unless the Court shall otherwise direct. (8th May 1845; Ord. 119.) RULE 23. 23. No order made on a petition, and no order to make Filing of petia submission to arbitration or an award an order of the tion, &c., before Court, and no decree or order wherein any written admis- order made. sions of evidence are entered as read, shall be passed, until the original petition, submission to arbitration, award, or written admissions of evidence, shall have been filed in the Report Office, and a note thereof made on the decree or order by the Clerk of Reports. (21st Dec. 1833; Ord. 27. 26th April 1647. 27th May 1687.) RULE 24. Contents of 24. For the purpose of diminishing expense in the inrolment of decrees and orders, no part of the statements or inrolment. allegations contained in any bill, answer, petition, notice of motion, affidavit, report, or certificate, shall be recited or stated in any such inrolment, but it shall be sufficient to state in such inrolment the filing of the bill or petition, or service of the notice of motion, with the names of the parties thereto, together with the prayer of the bill or petition, or the F |