Scoones v. Morrell Earl of, Scott v. 154 Scott v. Scarborough, Earl of 154 Vance v. Vance 251 605 Scrivens, Taylor v. 571 Vickers v. Cowell 529 Selsey, Lord v. Lake, Lord 146 Seymour, Bierdermann v. Sheldon, Du Hourmelin v. Shepherd v. Morris 175 Silvertop v. Ramsay 434 Simpson v. Burton 556 Skelmersdale, Lord, Eccles 354 Sinith, Spire v. 419 Spire v. Smith 419 Spofforth, Haldenby v. 390 Spottiswoode, Bacon v. 382 Stamford, Bricknell v. 368 Stuart, Brooks v. 512 Whittem v. Sawyer 593 Suwerkrop, Fox v. 583 Wigley v. Whitaker 349 Wilberforce, Close v. 112 432 note T 563 Taylor, Gregg v. 123 v. Scrivens 571 Tench v. Cheese Wood, Robinson v. 206 571 1839. COURT OF CHANCERY, 9th May, 1839. The Right Honourable CHARLES CHRISTOPHER to say, I. 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 VOL. I. then a 1839. 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. II. 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. III. 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. IV. THAT foreclosure causes when ready for hearing, may be ordered to be advanced for hearing, under the same same circumstances, and subject to the same rules as other causes may be ordered to be so advanced. V. THAT in all cases in which it shall appear, that certain preliminary accounts and inquiries 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. VI. 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 same for irregularity, shall in the first instance be made to the Master of the Rolls, and such cause and all other applications to be made therein, shall nevertheless continue subject to all the regulations of the said General Order, as if this Order had not been made. COTTENHAM, C. LANCELOT SHADWELL, V. C. 1839. |