Imatges de pÓgina
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therein; but no order to amend shall be made before replication, either without notice or before affidavit, in manner herein-before-mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers if there be two or more defendants, is to be deemed sufficient.

“14. That every order for leave to amend the bill shall contain an undertaking by the plaintiff to amend the bill within three weeks from the date of the order ; and, in default thereof, such order shall become void, and the cause shall, as far as relates to any motion to dismiss the bill for want of prosecution, stand in the same situation as if such order had not been made.

“15. That after a replication has been filed the plaintiff shall not be permitted to withdraw, it and to amend the bill without a special order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court being satisfied by affidavit that the matter of the proposed amendment is material, and could not, with reasonable diligence, have been sooner introduced into the bill.

“ 16. That where the answer of a defendant is to be deemed sufficient, whether it be in term time or in vacation, if the plaintiff or plaintiffs shall not proceed in the cause, the defendant shall be at liberty to move at the first seal after the following term, upon notice, that the bill be dismissed with costs for want of prosecution; and the bill shall accordingly be dismissed with costs, unless the plaintiff or plaintiffs shall forthwith file a replication, and appear upon such motion and give an undertaking to speed the cause with effect in the usual form, or without filing a replication, shall appear upon such motion, and give an undertaking to hear the cause, as against the defendant making the motion, upon bill and answer; or unless it shall appear that the plaintiff or plaintiffs is or are unable to proceed in the cause, by reason of any other defendant or defendants not having sufficiently answered the bill, and that due diligence has been used to obtain a sufficient answer or answers from such other defendant or defendants; in which case the Court shall allow to the plaintiff or plaintiffs such further time for proceeding in the cause as shall appear to the Court to be reasonable.

17. That where the plaintiff files a replication without having been served with a notice of any motion to dismiss the bill for want of prosecution, the plaintiff shall serve the subpæna to rejoin and obtain his order for a commission within one week from the filing of the replication; and if such order be obtained in term time, then such commission shall be at the latest returnable on the first return of the following term; and if such order be obtained in the vacation, then such commission shall be returnable at the latest on the last return of the following term ; and where such commission is returnable on or before the first return of the following term, there the plaintiff shall give his rules to produce witnesses and pass publication in that term, and shall set down his cause to be heard in the following term; and where such commission is returnable on or before the last day of the following term, there the plaintiff shall give his rules to produce witnesses and pass publication in the next term, and shall set down his cause to be heard in the third term; and if the plaintiff shall make any default herein, then, upon application by the defendant upon motion or petition without notice, the plaintiff's bill shall stand dismissed out of Court with costs.

“18. That publication shall not be enlarged, except upon special application to the Court, supported by affidavit, and at the cost of the party applying, unless otherwise ordered by the Court.

“19. That whenever the time allowed for any of the following purposes, that is to say, for amending any bill, for filing, delivering, or referring exceptions to any answer, or for obtaining a Master's report upon any exceptions, would expire in the interval between the last seal after Trinity term and the first seal before Michaelmas term, or between the last seal after Michaelmas term and the first seal before Hilary term, such time shall extend to and include the day of the general seal then next ensuing:

“ 20. That service on the clerk in court, of any subpæna to rejoin, or to answer an amended bill, or to hear judgment, shall be deemed good service.

“ 21. That the order nisi for confirming a report may be obtained upon petition as well as by motion, and that service thereof upon the clerk in court of any party shall be deemed good service upon such party.

“22. That every notice of motion, and every petition, notice of which is necessary, shall be served at least two clear days before the hearing of such motion or petition.

“ 23. That the order nisi for dissolving the common injunction may be obtained upon petition as well as by motion, and that every such order be served two clear days at least before the day upon which cause is to be shown against dissolving the injunction.

“ 24. That when a defendant in contempt for want of answer, obtains upon filing his answer the common order to be discharged as to his contempt, on payment or tender of the costs thereof, the plaintiff shall not, by accepting such costs, be compelled, in the event of the answer being ir sufficient, to recommence the process of contempt against the defendant, but shall be at liberty to take up the process at the point to which he had before proceeded.

“25. That no witness to be examined before either of the examiners for any party in a cause, be in future produced at the seat of the clerk in court for the opposite party; but that a notice in writing containing the name and description of the witness be served there as heretofore.

“ 26. That the examiner who shall take the examination in chief of any witness shall be at liberty to take his cross-examination also.

« 27. That where the same solicitor is employed for two or more defendants, and separate answers shall have been filed, or other proceedings had, by or for two or more defendants separately, the Master shall consider, in the taxation of such solicitor's bill of costs, either between party and party, or between solicitor and client, whether such separate answers or other proceedings were necessary or proper; and, if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed.

“ 28. That where a plaintiff obtains a decree with costs, there the costs occasioned to the plaintiff by the insufficiency of the answer of any defendant shall be deemed to be part of the plaintiff's costs in the cause, such sum or sums being deducted therefrom as were paid by the defendant, according to the course of the Court, upon the exceptions to the said answer being submitted to or allowed.

“ 29. That where the plaintiff is directed to pay to the defendant the costs of the suit, there the costs occasioned to a defendant by any amendment of the bill shall be deemed to be part of such defendant's costs in the cause (except as to any amendment which may have been made by special leave of the Court, or which shall appear to have been rendered necessary by the default of such defendant); but there shall be deducted from such costs any sum or sums which may have been paid by the plaintiff, according to the course of the Court, at the time of any amendment.

“ 30. That when, upon taxation, a plaintiff who has obtained a decree with costs is not allowed the costs of any amendment of the bill, upon the ground of its having been unnecessarily made, the defendant's costs, occasioned by such amendment, shall be taxed, and the amount thereof deducted from the costs to be paid by the defendant to the plaintiff.

31. That upon the allowance of any plea or demurrer, the plaintiff or plaintiff's shall pay to the defendant or defendants the taxed costs thereof; and when such plea or demurrer is to the whole bill, then the further taxed costs of the suit also, unless in the case of a plea the plaintiff or plaintiffs shall undertake to reply thereto, and then the costs shall be reserved, or unless the Court shall think fit to make other order to the contrary.

32. That upon the overruling of any plea or demurrer, the defendant or defendants shall pay to the plaintiff or plaintiffs the taxed costs occasioned thereby, unless the Court shall make other order to the contrary.

33. That when two counsel appear for the same party or parties upou the hearing of any cause or matter, and it shall appear to the Master to have been necessary or proper for such party or parties to retain two counsel to appear, the costs occasioned thereby shall be allowed, although both of such counsel may have been selected from the outer bar.

“ 34. That when a cause which stands for hearing is called on to be heard, but cannot be decided by reason of a want of parties, or other defect on the part of the plaintiff, and is therefore struck out of the paper, if the same cause is again set down, the defendant or defendants shall be allowed the taxed costs occasioned by the first setting down, although he or they do not obtain the costs of the suit.

35. That where a cause being in the paper for hearing is ordered to be adjourned upon payment of the costs of the day, there the party to pay same, whether before the Lord High Chancellor, the Master of the Rolls, or the Vice-Chancellor, shall pay the sum of ten pounds, unless the Court shall make other order to the contrary.

“36. That whenever, upon the hearing of any cause or other matter, it shall appear that the same cannot conveniently proceed, by reason of the solicitor for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court, and which, according to its practice, ought to have been delivered, such solicitor shall personally pay to

the

all or any of the parties such costs as the Court shall think fit to award.

37. That the sworn clerks of the court and the waiting clerks shall not be entitled to receive any fees for attendance in court, except in cases where they shall actually attend, and where their attendance shall be necessary

“ 38. That where any cause which is set down to be heard, either in the court of the Lord Chancellor, or in the court of the Master of the Rolls, shall be afterwards set down to be heard in the other of the said two courts, there the solicitor for the plaintiff shall certify the fact to the registrar of the court where the cause was first set down, who shall cause an entry thereof to be made in his book of causes, opposite to the name of such cause; and the solicitor for the plaintiff shall be allowed a fee of six shillings and eightpence for so certifying the fact, if he shall certify the same within eight days after the said cause is so set down a second time.

“ 39. That where any cause shall become abated, or shall be compromised after the same is set down to be heard in either of the said two courts, the solicitor for the plaintiff shall also certify the fact, as the case may be, to the registrar of the court where the cause is so set down, who shall in like manner cause an entry thereof to be made in his cause-book, and the solicitor for the plaintiff shall be allowed the same fee of six shillings and eightpence for such certificate, if he shall certify the fact as soon as the same shall come to his knowledge.

40. That the penal sum in the bond to be given as a security to answer costs by any plaintiff who is out of the jurisdiction of the court, be increased from forty pounds to one hundred pounds.

“ 41. That the deposit upon exceptions to a Master's report shall be increased to ten pounds, to be paid to the adverse party if the exceptions are overruled ; in which case the exceptant shall also pay the further taxed costs occasioned by such exceptions, unless the Court shall otherwise order; but, in case the exceptant shall in part succeed, the deposit shall be dealt with, and costs shall be paid as the Court shall direct.

“ 42. That the deposit upon every petition of appeal or rehearing be increased to twenty pounds, to be paid to the adverse party when the decree or order appealed from is not varied in any material point, together with the further taxed costs occasioned by the appeal or rehearing, unless the Court shall otherwise order.

“ 43. That for the purpose of enabling all persons to obtain precise information as to the state of any cause, and to take the means of preventing improper delay in the progress thereof, any clerk in court shall, at the request of any person, whether a party or not in the suit or matter inquired after, procure and furnish a certificate from the Six Clerks' Office, specifying therein the dates and general description of the several proceedings which have been taken in any cause in the said office, whether such clerk in court be or not concerned as clerk in court in the cause: and that he shall be entitled to receive the sum of three shillings and fourpence for such certificate, and no more.

“ 44. That whenever a person who is not a party appears in any proceeding, either before the Court or before the Master, service upon the

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solicitor in London, by whom such party appears, whether such solicitor act as principal or agent, shall be deemed good service, except in matters of contempt requiring personal service.

45. That clerical mistakes in degrees or decretal orders, or errors arising from any accidental slip or omission, may, at any time before enrolment, be corrected upon petition, without the form and expense of a rehearing

“ 46. That every application to stay proceedings upon any decree or order which is appealed from, be made first to the judge who the decree or order.

“ 47. That every application for the new trial of any issue at law directed by a judge of this court, be first made to the judge who directed such issue.

48. That where any decree or order referring any matter to a Master is not brought into the Master's office within two months after the same decree or order is pronounced, there any party to the cause, or any other party interested in the matter of the reference, shall be at liberty to apply to the Court by motion or petition, as he may be advised, for the purpose of expediting the prosecution of the said decree or order. " 49. That

every Master shall enter into a book to be kept by him for that purpose the name or title of every cause or matter referred to him, and the time when the decree or order is brought into his office, and the date and description of every subsequent step taken before him in the same cause or matter, and the attendance or non-attendance of the several parties on each of such steps, so that such book may exhibit, at one view, the whole course of proceeding which is had before him in each particular cause and matter.

“ 50. That upon the bringing in of every decree or order, the solicitor bringing in the same shall take out a warrant appointing a time which is to be settled by the Master, for the purpose of the Master taking into consideration the matter of the said decree or order, and shall serve the same upon the clerks in court of the respective parties, or upon the parties or their solicitors in cases where they shall have no clerks in court.

“51. That at the time so appointed for considering the matter of the said decree or order, the Master shall proceed to regulate as far as may be the manner of its execution ; as for example, to state what parties are entitled to attend future proceedings, to direct the necessary advertisement, and to point out which of the several proceedings may be properly going on pari passu, and as to what particular matters interrogatories for the examination of the parties appear to be necessary, and whether the matters requiring evidence shall be proved by affidavit or by examination of witnesses; and, in the latter case, if necessary, to issue his certificate for a commission; and, if the Master shall think it expedient so to do, he shall then fix a certain time or certain times within which the parties are to take any certain proceeding or proceedings before him.

“ 52. That upon any subsequent attendance before him in the same cause or matter, the Master, if he thinks it expedient so to do, shall

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