ORDERS FOR THE REGULATION OF THE PRACTICE AND PROCEEDINGS OF THE COURT OF CHANCERY, WITH TABLES OF FEES, ISSUED BY THE JUDGES OF THE COURT, TABLE OF MATTERS TO WHICH THE ORDERS RELATE. 1. Mode of preparing and sealing a subpoena. 2. Precipe to be filed at subpoena office. Subpoena for costs to be scaled on production of certificate. 3. Name or firm, and residence of solicitors issuing subpoena, as also where these are agents only, of their principals, to be endorsed thereon. 4. Mode of serving subpoena. 5. Subpoenas to contain three names where necessary or required. Costs and fees chargeable on subpœna. 6. Subpoenas duces tecum not to include more than three persons. Costs allowed on such subpœna. 7. Time within which subpoenas may be served and amended, and terms upon which errors may be corrected. 8. Where defendant to bill of revivor refuses to appear, plaintiff entitled upon certain terms to the common order to revive, whether defendant be in custody, or cannot be found. Form of such order. 9. Mode of suing out dedimus to take plea, answer, or demurrer in the country, and in certain special cases in town. [ *470 ] *10. Time allowed to plead, answer, or demur. Injunction to stay proceedings at law, and order to revive granted of course, unless defendant plead, (1) Extracted from 1 M. & K. Appendix. answer, or demur, within eight days after appear ance. 11. Form of order for common injunction. 12. Mode of computing time to plead, answer, or demur, where defendant has been in contempt for want of appearance. 13. How such time is to be computed, where plaintiff has been ordered to give security for costs. 14. Course of procedure upon orders to amend, requiring no further answer. 15. Practice as to references, where no previous reference to Master has been made in the case. 16. Practice where there has been a previous reference.. 17. Mode of ascertaining Master in rotation. 18. Time allowed to defendant for putting in further answer. 19. Costs of exceptions to insufficient answer. 20. Manner in which special applications under the act are to be made and determined. 21. Condition and form of order granting further time to answer. 22. Form of order, and course of proceeding upon references for scandal and impertinence. 23. Costs of special application under the act, to be regulated by the Master. 24. Form, mode of entering, and effect of orders on special applications under the act. 25. Special applications, during long vacation, to be made to vacation Master. 26. Time after which defendant may serve notice of motion to dismiss for want of prosecution. 27. Duties of registrars. Rules to be observed by them in drawing up orders. *28. Rules to be observed by the registrars and [ *471 ] Masters, upon orders and reports respecting payment of money, &c. 29. Mode in which orders of course at the Rolls are to be obtained and drawn up. 30. Rules to be observed in the report office by Master and clerks of reports and entries. 31. Form of office copies. 32. Form of the last interrogatory. 33. Powers of Masters extraordinary. 34. Fees of Masters and registrars, and their clerks. 35. Hours of attendance at the offices of the Court. 36. Hours of attendance at the Affidavit and Subpoena offices. Delivery of copies of affidavits. 1 ORDERS IN CHANCERY. 21ST DECEMBER, 1833. WHEREAS it is expedient that certain further orders for regulating the practice of the Court of Chancery be added to those which were published on the 26th day of November, last, and that thereupon certain alterations be made in the said orders; and it is also expedient that the whole of the said New Orders should be embodied together under the act of 3 & 4 W. 4, intituled, "An Act for the Regulation of the Proceedings and Practice of certain Offices of the High Court of Chancery in England." It is hereby declared and directed by the Lord High Chancellor, by and with the concurrence of the Master of the Rolls, and of the Vice-Chancellor, that from and after the 10th day of January next, the several orders which [ *472 ] *hereafter follow, shall be considered a substitution for the said orders of the 26th day of November last. Mode of preparing and sealing subpœna. I. That all writs of subpoena in this Court shall be prepared by the Solicitor of the party requiring the same; and that the seal for sealing the same shall be marked or inscribed with the words "Subpoena Office, Chancery,"and such writs shall be in the forms mentioned at the foot of these Orders, or as near as may be, with such alterations and variations as circumstances may require. Præcipe to be filed at subpoena office. Subpoena for costs to be sealed on production of certificate. II. That a præcipe in the usual form, and containing further the particulars hereinafter mentioned (as to the names and residences of the solicitors issuing the same), shall, in all cases, be delivered and filed at the Subpoena Office. And that on a subpoena for costs being sealed, the certificate or report shall be produced to the officer sealing the writ as his authority for sealing it. Name or firm, and residence of solicitors issuing subpoena, as also, where these are agents only, of their principals, to be indorsed thereon. Mode of serving subpœna. III. That the name or firm, and the place of business or residence of the Solicitor or Solicitors issuing a subpœna shall be indorsed thereon; and where such solicitors shall be agents only, then there shall be further indorsed thereon the name or firm, and place of business or residence, of the principal Solicitor or Solicitors. IV. That the service of subpoenas shall be effected by delivering a copy of the writ and of the indorsement thereon, and at the same time producing the original writ ; and that in all cases where a subpoena might heretofore have been served by leaving the body thereof at the party's dwelling-house or otherwise than personally, it shall be sufficient to leave a copy of such subpoena in the same manner, producing the original writ to the person with whom such copy shall be so left. Subpoenas to contain three names where necessary or required. Costs and fees chargeable on subpœnas. V. That every subpoena, other than a subpæna duces tecum, shall contain three names where necessary or *required; and that a gross sum or fee of 12s. [ *473 ] 6d. shall be the amount allowed in costs for every subpoena duces tecum, including the præcipe, attendance, and sum' paid for sealing, and 5s. 10d. each for all other subpœnas; in addition to which last-mentioned sum, the Solicitor suing out the same shall be allowed one fee of 6s. 8d. for the præcipes and attendance on sealing such subpoenas as heretofore, where the number of names included therein shall not exceed nine; and if they shall exceed nine in number, then an additional fee of 6s. 8d.; and if they exceed eighteen, a further fee of 6s. 8d.; and so in proportion for every additional number of nine names included in such subpoenas. Subpoena duces tecum not to include more than three persons. Costs allowed on such subpœna. VI. That no more than three persons shall be included in one subpoena duces tecum, and that the party suing out the same shall be at liberty to sue out a subpoena for each person if it shall be deemed necessary or desirable, and that the sum of 12s. 6d. shall be allowed in costs for every such subpoena, including the præcipe, attendance, and sum paid for sealing the same. Time within which subpoenas may be served and amended, and terms upon which errors may be corrected. VII. That the time for serving any subpoena (except for costs) shall be limited to the last day of the term next following the term or vacation in which it was sued out; and that in the interval between the suing out and service of any subpoena, the party suing out the same shall be at liberty to correct any error in the names of parties or witnesses, and to have the writ resealed, upon payment to the clerk at the Subpoena Office of a fee of 1s., and at the same time leaving a corrected præcipe of such subpœna marked "altered and resealed," and signed with the name and address of the solicitor or solicitors suing out the same. Where defendant to bill of revivor refuses to appear, plaintiff entitled upon certain terms to the common order to revive, whether defendant be in custody, or cannot be found. Form of such order. VIII. That when any defendant has been taken into custody upon attachment or other process for want of appearance to a bill of revivor, and such defendant shall have been taken thereon, and shall refuse or neglect to [ *474] enter *an appearance to such bill within eight days after the return of such attachment, the plaintiff shall be entitled as of course, upon motion or petition, to the common order to revive; and if the defendant cannot be found so as to be taken upon such attachment, and a return of "non est inventus" shall have been made thereon, the plaintiff shall, upon producing such return, and an affidavit that due diligence has been used in endeavouring to execute such attachment, and that there was good reason to believe that the defendant was in the county to which such attachment issued at the time of suing out the same, be also entitled as of course, upon motion or petition, at the end of eight days after the return of such attachment, to obtain the common order to revive, and that, in either of such cases, the Order shall recite, as the ground for granting the same, that the defendant is in contempt, and that the time limited by the Court to show cause against reviving the suit has expired. Mode of suing out dedimus to take plea, answer or demurrer in the country, and in certain special cases in town. IX. That a defendant shall be at liberty, without Order, to sue out a dedimus to take his plea, answer, or demurrer (not demurring alone) in the country, on giving two |