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the Master of the Rolls, either for original hearing or for further directions, or on the equity reserved, and is not now set down to be so heard before the Lord Chancellor.

5. Where the Decree or last decretal Order was made by the Master of the Rolls, or by the Lord Chancellor, on the re-hearing of a Decree or decretal Order of the Master of the Rolls.

13. That the above Orders as to interlocutory applications shall not extend to any applications for Orders of course, nor to any petitions presented, or notices of motion given, before the 18th day of May instant.

14.-That all applications for Orders of course to be obtained on petition or motion shall and may be made in the same manner in all respects as if the above Orders had not been made; but as to all cases in which, according to the 9th preceding Order, interlocutory applications (other than applications for orders of course) are directed to be made before the Lord Chancellor or Vice Chancellor, if any Order nisi, upon which cause against making the Order absolute is to be shown to the Court, shall be obtained as of course from the Master of the Rolls, such cause shall be shown before the Lord Chancellor or Vice Chancellor and if any Order of reference to the Master in ordinary shall be obtained as of course from the Master of the Rolls, and the Master's Report pursuant to such Order of reference shall be excepted to, the exceptions thereto shall be heard before the Lord Chancellor or the Vice Chancellor And in all cases in which, according to the12th preceding Order, interlocutory applications (other than applications for Orders of course) are directed to be made before the Master of the Rolls, if any Order nisi, upon which cause against making the Order absolute is to be shown to the Court, shall be obtained as of course from the Lord Chancellor or Vice Chancellor, such cause shall be shown before the Master of the Rolls; and if any Order of reference to the Master in ordinary shall be obtained as of course from the Lord Chancellor or Vice Chancellor, and the Master's Report pursuant to such Order of reference shall be excepted to, the exceptions thereto shall be heard before the Master of the Rolls.

15. That 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 these Orders had not been made; but that the Orders which shall be made in any such interval by the Lord Chancellor, or by the Master of the Rolls, or by the Vice

Chancellor, 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 these Orders 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 reheard for the purpose of being discharged or varied otherwise than by the Lord Chancellor.

16. That, from and after the said 20th day of May instant, all matters which under and by virtue of any Act of Parliament or otherwise the Court hath jurisdiction to hear and determine in a summary way, and which shall be in the first instance brought under the consideration of the Court upon a petition presented to the Lord Chancellor, shall in any subsequent stage of the proceedings respecting the same matters be heard and determined by the Lord Chancellor or Vice Chancellor ; and that no petition respecting the same matters in any subsequent stage of the proceedings relating thereto, shall, without special Order of the Lord Chancellor, be set down to be heard before the Master of the Rolls; and that all such matters as aforesaid which shall be in the first instance brought under the consideration of the Court upon a petition to the Master of the Rolls, shall, in any subsequent stage of the proceedings respecting the same matters, be heard and determined by the Master of the Rolls; and that no petition respecting the same matters in any subsequent stage of the proceedings relating thereto shall otherwise than for the purpose of rehearing an Order of the Master of the Rolls, be set down to be heard before the Lord Chancellor.

COTTENHAM, C.
LANGDALE, M. R.

LANCELOT SHADWELL, V. C.

LORD COTTENHAM's Order of March, 1839.

It is hereby declared and directed by the Lord High Chancellor, with the concurrence of the Master of the Rolls, and he Vice-Chancellor, that, in all cases where a receiver of a landed estate is appointed, with a direction that such receiver shall manage, as well as set and let, with the approbation of the master, and such receiver shall, under the provision of the Act for the Commutation of Tithes in England and Wales, (6 & 7 W.IV. c. 71, s. 12), be deemed, for the purposes of the said act, an owner of such tithes and lands as therein mentioned, jointly with any other person, the Master shall, without special order, receive any proposal regarding the execution of the said act, as to such tithes and lands, and shall make his report thereon; which report shall be submitted to the court for confirmation, in the same manner as is now done with respect to reports made under the sixty-fourth of the general orders, dated the 3rd day of April, 1828, and until such report be confirmed, it shall not give any authority to the receiver.

COTTENHAM, C.
LANGDALE, M. R.

LANCELOT SHADWELL, V. C.

GENERAL ORDERS OF 9TH MAY, 1839.

The Right Honourable CHARLES CHRISTOPHER Lord COTTENHAM, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable HENRY Lord LANG DALE, Master of the Rolls, and the Right Honourable Sir LANCELOT SHADWELL, Vice-Chancellor of England, doth hereby order and direct in manner following; that is to say,

1. That in all cases in which it shall be alleged that the plaintiff is prosecuting the defendant, in this court, and also in some other court for the same matter, the defendant in eight days after filing his answer, or further answer to the plaintiff's bill, shall be entitled, as of course, on motion or petition, to the usual order for the plaintiff to make his election in which court he will proceed, with the usual directions in that behalf, unless the plaintiff shall, before the expiration of the same eight days, have delivered exceptions to the defendant's answer, or have referred his further answer on former exceptions. And in case the plaintiff shall have delivered such exceptions, or referred the defendant's further answer within such time, the defendant shall be at liberty, by notice in writing to be served on the plaintiff's clerk in court, to require the plaintiff to procure the master's report on such exceptions, within four days from the service of such notice. And if the plaintiff, being so served with such notice, shall not procure the master's report in four days accordingly, or if the exceptions shall not be allowed, the defendant shall then be entitled, as of course, on motion or petition, to the usual order for the plaintiff to elect in which court he will proceed, with the usual directions. But in either of such cases the plaintiff shall be at liberty to move that such order may be discharged on the merits confessed in the answer.

2.-That the plaintiff in any injunction cause having obtained the common injunction to stay proceedings at law, may (either before or after the answer of the defendant shall be put in, and whether such injunction shall or shall not have been continued to the hearing of the cause), obtain an order, as of course, for leave to amend the bill without prejudice to

the injunction, but that such order shall contain an undertaking by the plaintiff to amend the bill within one week after the date of the order, and in default thereof the order shall become void. And that in case the bill shall be amended pursuant to such order, the defendant shall thereupon, and although he may not have put in his answer to the bill or the amendments thereof, be at liberty to move the court on notice, to dissolve the injunction, on the ground that the bill, as amended, does not, even if the amendments be true, entitle the plaintiff thereto.

3.-That in case an injunction to stay proceedings at law shall be prayed for by the bill, and shall either not be obtained, or having been obtained, shall have been dissolved upon the merits stated in the answer, and the plaintiff shall afterwards amend his bill, and the defendant shall not plead, answer, or demur to the amended bill within eight days after appearance, the plaintiff shall be entitled to move for an injunction, upon affidavit of the truth of the amendments.

4.-That foreclosure causes when ready for hearing, may be ordered to be advanced for hearing, under the same circumstances, and subject to the same rules as other causes may be ordered to be so advanced.

5. That in all cases in which it shall appear that certain preliminary accounts and enquiries must be taken and made before the rights and interests of the parties to the cause can be ascertained, or the questions therein arising can be determined, the plaintiff shall be at liberty, at any time after the defendants shall have appeared to the bill, to move the court on notice, that such inquiries and accounts shall be made and taken, and that an order referring it to the master to make such inquiries, and take such accounts, shall thereupon be made, without prejudice to any question in the cause, if it shall appear to the court, that the same will be beneficial to such (if any) parties to the cause as may not be competent to consent thereto, and that the same is consented to by such (if any) of the defendants as being competent to consent have not put in their answer to the bill, and that the same is consented to by, or is proper to be made upon, the statements contained in the answers of such (if any) of the defendants as have answered the bill.

6. That whenever any order of course obtained from the Master of the Rolls in any cause marked for or set down to be heard before the Lord Chancellor pursuant to the general order of the 5th day of May, 1837, shall be alleged to have been irregularly obtained, any application to discharge the

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