1827.

ADDENDA.

COWARD v. CHADWICK.*

IN this cause, the motion for a receiver was renewed before Lord Eldon; and his Lordship made the

order.

WYNNE v. JACKSON. +

THE actions prosecuted in France, which are referred to in the report of this case, were before the tribunal of commerce. Mansel, on the 18th of December 1823, had obtained a judgment by default, in the tribunal of commerce at Calais.

On the 5th of January 1824, Mr. Wynne was admitted to oppose the execution of the judgment; and, on the 16th of the same month, the tribunal pronounced judgment. That judgment recited the 110th article and other articles of the code of commerce; and then it stated, that, -after taking into consideration, among other things, that the said bills were drawn at Calais and at St. Pierre Les Calais; that these places are adjacent or divided only by the fortifications of the town of Calais; that bills of exchange ought to be drawn at one place, and on another, which cannot happen when the two places are adjacent,

jacent, and no exchange is required by the person paying the same; and also considering, that the bills in question did not express the value which had been given; and that the conditions, stated in article 110 of the code of commerce, are essential in passing bills of exchange; and that, consequently, when those conditions have not been observed, the bills are no more than simple promises; and considering that tribunals of commerce are not competent to judge cases of simple promise, unless in commercial cases, and that the bills in question were not given in trade, - the tribunal allows Mr. Wynne to be a party opposing the execution of the judgment by default, bearing date the 18th of December last, and, pronouncing according to law on the incompetency alleged by him, doth refer the cause and the parties to the judges, to whom it appertains to take cognizance thereof doth discharge Wynne from the condemnations pronounced against him by the said judgment—and doth declare as null the provisional seizure, and the additional seizure made subsequently, &c., and doth condemn Mansel to the costs of the incidental cause."

Mansel appealed to the Royal Court of Douay; but the appeal was dismissed with costs.

1827.

WYNNE

v.

JACKSON.

VOL. II.

APPENDIX.

ORDERS for the Regulation of the Practice and Proceedings in the Court of Chancery: issued in pursuance of the Recommendations of His Majesty's Commissioners, by the Lord High Chancellor, April 3. 1828.

TABLE OF THE MATTERS TO WHICH THE ORDERS

RELATE.

1. SUBPOENA returnable immediately.

2. A subpœna to be sued out for each Defendant.

3. Orders for time in country causes.

4. Delivery of exceptions for insufficiency.

5. Reference of exceptions for insufficiency.

6, 7. Reference of a second or third answer on the old exceptions.

8. Time for putting in further answer.

9. 12. From what time an answer shall be deemed sufficient or insufficient.

10. After a third insufficient answer, Defendant to be ex

amined on interrogatories. Costs.

11. Exceptions for scandal or impertinence, and reference thereof.

12. Time within which the report, on a reference for insufficiency, scandal, or impertinence, must be obtained.

18. Amendment before replication.

14. 19. Time within which amendments shall be made.

15. Amendment after replication.

16. Dismissal for want of prosecution.

17. Subpoena to rejoin. Order for and return of a commission. Rules to produce witnesses, and pass publication. Setting down the cause. Dismissal of the bill.

VOL. II.

α

18. En

18. Enlargement of publication.

19. Extension of time as to amendments, exceptions, and reports on exceptions, when the regular time expires in the long vacation, or the Christmas vacation.

20. Service on clerk in court.

21. Order nisi for confirming a report.

22. Service of notice of motion.

23. Order nisi for dissolving the common injunction.

24. Acceptance from a Defendant, in contempt for want of answer, of the costs thereof.

25. Witnesses not to be produced at the seat of the clerk in

court.

26. May be examined and cross-examined by the same examiner.

27. Costs of separate proceedings by Defendants, who appear by the same solicitor.

28. Costs occasioned by insufficiency of answer.

29, 30. Costs occasioned by amendment.

31. Costs on the allowing of pleas and demurrers.

32. Costs on the over-ruling of pleas and demurrers.

33. Costs of two counsel selected from the outer bar. 34. Costs occasioned by the setting down of a cause, which, when it stands for hearing, cannot be decided by reason of some defect on the part of the Plaintiff.

35. Costs of the day.

36. In case of neglect or omission on the part of the solicitor, costs to be paid by him personally.

37. Fees of clerks in court.

38. Setting down a cause both in the Lord Chancellor's Court and at the Rolls.

39. Abatement or compromise of a cause after it is set

down.

40. Security for costs.

41. Deposit upon, and costs of exceptions to a report.

42. Deposit upon, and costs of an appeal or re-hearing. 43. Any clerk in court to furnish to any person a certificate specifying the dates and description of the proceedings in any cause.

44. Service on the solicitor of a person who is not a party.

45. Correction of clerical and accidental errors in orders and

decrees.

46. Application to stay proceedings..

47. Application for a new trial.

48. Delay