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Decrees and

Orders.

Certificate by the Record and

ORDER XXIII. object of the notice of motion, the filing of the several answers and other pleadings or proceedings, and the short purport or effect of any decree or order, made, had, put in, or taken, before the date of the decree or order inrolled and leading thereto. And no decree or order shall be inrolled until the Clerk of Records and Writs, in whose division the cause or matter may be, shall have inspected the docket of such inrolment, and shall have certified thereon that the statement of the pleadings, decrees, orders, reports, certificates, and proceedings therein contained is correct. (17th March 1843.)

Writ Clerk as

to the correct

ness of the statements.

RULE 25. Inrolment within six months.

RULE 26. Inrolment after six months.

RULE 27. Caveat against inrolment.

25. All decrees and orders pronounced or made in any cause or matter in this Court which shall be inrolled, shall be so inrolled within six calendar months after the same shall be so pronounced or made respectively, and not at any time after, without special leave of the Court, such leave to be obtained in manner next hereinafter mentioned. (7th Aug. 1852, 2nd Set, Ord. 2.)

26. Where any party is desirous to inrol a decree or order, after the expiration of six calendar months and within five years from the time the same shall have been made, he may apply by motion to the Judge to whose Court the cause is attached for an order for that purpose; and such order, unless made by consent of the opposite party or on notice to all the parties, shall be a conditional order in the first instance, but shall become absolute without further order, unless cause be shown against it within twenty-eight days after service thereof. (7th Aug. 1852, 2nd Set, Ord. 3.)

27. Where a caveat is entered with the proper officer to stay the signing of the docket of the inrolment of any decree or order, such caveat shall be prosecuted with effect within twenty-eight days after the docket of such decree or order shall be left to be signed with the proper officer by the party who entered the same; otherwise such caveat shall be of no force, and the docket of such decree or order may immediately after the expiration of the said twenty-eight days be presented to be signed, as if no such

caveat had been entered. (7th Aug. 1852, 2nd Set, ORDER XXIII. Ord. 4.)

Decrees and
Orders.

RULE 28.

within five

years.

28. No inrolment of any decree or order shall be allowed after the expiration of five years from the date thereof. Inrolment (7th Aug. 1852, 2nd Set, Ord. 5.) But the Lord Chancellor or the Lords Justices shall be at liberty, on Enlargement of motion and notice to all parties, where it shall appear to him or them under the peculiar circumstances of the case to be just and expedient, to enlarge that period. (7th Aug. 1852, 2nd Set, Ord. 6.)

time for inrolment.

RULE 29.

Transmission of

Record Office.

29. As soon as the docket of a decree or order is signed by the Lord Chancellor, for the purpose of inrolment, the the inrolment solicitor for the party seeking to inrol such decree or to the Public order, or the party himself if acting in person, shall forthwith have the same engrossed in the proper form, and carry the same to the Public Record Office, Rolls Yard. (3rd July; 1676.)

ORDER XXIV.

RECEIVERS.

ORDER XXIV.
Receivers.

RULE 1.

Security for

1, Where an order is made directing a Receiver to be appointed, unless otherwise ordered, the person to be ap- Receivers. pointed shall first give security, to be allowed by the Judge to whose Court the cause is attached, and taken before a person authorized to administer oaths in Chancery, duly to account for what he shall receive on account of the rents and profits for the receipt of which he is to be appointed, at such periods as such Judge shall appoint, and to account for and pay the same as the Court shall direct, or, as the case may be, to be answerable for what he shall receive in respect of the personal estate for the getting in and collection of which he is to be appointed, and to account for and pay the same as the Court shall direct. And the person so to be appointed shall be allowed Salary. a proper salary for his care and pains in receiving such

Receivers.

ORDER XXIV. rents and profits, or, as the case may be, shall have an allowance made to him in respect of his collecting such personal estate. (16th Oct. 1852; Ord. 13.)

RULE 2.

Fixing days for
Receivers to
leave and
pass their

accounts and

pay their balances.

Neglect of
Receivers.

RULE 3. Summons to

proceed upon account.

2. The Judge shall fix the days upon which Receivers shall (annually, or at longer or shorter periods, at his discretion) leave and pass their accounts, and also the days upon which such Receivers shall pay the balances appearing due on the accounts so left, or such part thereof as the Chief Clerk shall certify as proper to be paid by them. And with respect to such Receivers as shall neglect to leave and pass their accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the Judge before whom such Receivers are to account shall from time to time, when their subsequent accounts are produced to be examined and passed, not only disallow the salaries therein claimed by such Receivers, but also charge them with interest after the rate of £5 per cent. per annum upon the balances so neglected to be paid by them during the time the same shall appear to have remained in the hands of such Receivers. (See Ord. of 23rd April 1796, and 63rd Ord. of 3rd April 1828. And see also 23rd Rule of Order XXXV. infra.)

3. Upon a Receiver's account being left in the Judge's chambers to be passed, a summons to proceed thereon shall be taken out; and the account, when passed, shall be entered by the solicitor of the Receiver in books, in the same manner as heretofore; and the affidavit verifying the Affidavit verify-account so passed shall refer to it as an exhibit, and not be annexed to it. (16th Oct. 1852; Ord. 31.)

Entry of account.

ing the same.

RULE 4. Deposit of account.

4. When a receivership has been completed, the book containing the accounts shall be deposited in the Office of the Clerks of Records and Writs. (16th Oct. 1852; Ord. 32.)

ORDER XXV.

INJUNCTIONS.

ORDER XXV.
Injunctions.

stay proceed

No injunction for stay of proceedings at law shall be Injunction to granted as of course for default of appearance or of answer ings at law. to the bill. (7th Aug. 1852, 1st Set, Ord. 45.)

ORDER XXVI.

STOP ORDERS.

ORDER XXVI.
Stop Orders.

RULE 1.

1. Where any stocks, funds, shares, securities, or monies are standing in the name of the Accountant-General in Costs occasioned thereby. trust in or to the general credit of any cause or matter, or to the account of any class of persons, and an order is made to prevent the transfer or payment of such stocks, funds, shares, securities, or monies, or any part thereof without notice to the assignee of any person entitled in expectancy or otherwise to any share or portion of such stocks, funds, shares, securities, or monies, the person by whom any such order shall be obtained, or the shares. of such stocks, funds, shares, securities, or monies affected by such order, shall be liable, at the discretion of the Court or the Judge at Chambers, as the case may be, to pay any costs, charges, and expenses, which, by reason of any such order having been obtained, shall be occasioned to any party to the cause or matter, or any person interested in any such stocks, funds, shares, securities, or monies. (3rd April 1841.)

any

RULE 2. Service of peti

order.

2. Any person presenting a petition or taking out a summons for such order as aforesaid, shall not be re- tion or sumquired to serve such petition or summons upon the parties mons for stop to the cause, or upon the persons interested in such parts of the stocks, funds, shares, securities, or monies, as are not sought to be affected by any such order. (3rd April 1841.)

ORD. XXVII.
Distringas.

RULE 1.

ORDER XXVII.

DISTRINGAS.

1. Any person claiming to be interested in any stock Form of writ. transferable at the Bank, standing in the name of any other person or body politic or corporate, in the books of the Governor and Company of the Bank, may, by his solicitor, prepare a writ of distringas pursuant to the Stat. 5 Vict. c. 5 in the form set out in the first Schedule to the said Act, and may present the same for sealing at the Office of the Clerks of Records and Writs. (17th Nov. 1841; Ord. 1.)

RULE 2.

Sealing of writ.

2. Upon the presentment of such writ for sealing, and on leaving with the Clerks of Records and Writs an affidavit, duly sworn by the person or one of the persons applying for such writ or his solicitor before some person authorized to administer oaths in Chancery, in the form set out at the end of this Rule, the same writ shall (in conformity with the 37th Rule of Order I.), be forthwith sealed with the seal of the Office of the Clerks of Records and Writs, and such writ, when sealed, shall have the same Effect thereof. force and validity as the writ of distringas formerly issued

out of the Court of Exchequer.

10th Dec. 1841.)

(17th Nov. 1841; Ord. 2.

Form of Affidavit.

A. B. [the name of the person or persons in whose behalf the writ is sued out] v. The Governor and Company of the Bank of England.

I, —, of, do solemnly swear, that, according to the best of my knowledge, information, and belief, I am [or, if the affidavit is made by the solicitor, A. B., of

is] beneficially interested in the stock hereinafter particularly described, that is to say [here specify the amount of the stock to be affected by the writ, and the name or names of the person or persons, or body politic or corporate, in whose name or names the same shall be standing.]

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