MA ARTIN'S PRACTICE OF CONVEYANCING. With Precedents and Forms of Assurances, adapted to the existing state of the Law; with Continuation since the Decease of Thomas Martin, Esq. By CHARLES DAVIDSON, Esq., of the Middle Temple, Barrister at Law, and Fellow of Christ College, Cambridge. Complete in Five Volumes royal 8vo. CONTENTS: Vol. I. Part I. Introduction to the Study of Conveyancing. ABOLITION OF THE SIX CLERKS OFFICE -Book I. Of Abstracts of Title. Chap. 1. Of the Duties of the Solicitor and Counsel.-2. Of the Title to be deduced.-3. Of the Evidence of Title. APPENDIX.-Containing the Real Property Statutes, with Annotations. BY THOMAS MARTIN, Esq., of Lincoln's Inn, Barrister at Law. Royal 8vo., price 128. boards. Vol. I. Part II. is nearly ready, by C. DAVIDSON, Esq., Barrister at Law, which completes the Work. Vol. II.-Introduction.-Plan of the present Collection of Common Forms; and a Sketch of the History of Forms Assurances.-Common with Practical -CHANCERY WRITS.-Messrs. ANDERSON & SON, of 31, Southampton-buildings, Chancery-lane, Law Stationers, beg to inform the Legal Profession, that their House having supplied the Six Clerks Office with Forms of Writs for nearly Half a Century, they intend keeping a good supply, both common and special. They have also been in the habit of making out Writs of Injunction. Orders left with them for that purpose will be expeditiously and correctly drawn out and ingrossed on moderate terms. N. B. Deeds and Writings ingrossed and copied. AW AGENCY.-TO COUNTRY SOLICITORS. of Aged under the following heads: Title 1. Considera- LA Gentleman of many years' experience, and of respect. tions.-II. Operative Words.-III. Parcels.-IV. Habendums.-V. Reddendums.-VI. Uses.-VII. Trusts. VIII. Powers.-IX. Provisoes and Declarations.-X. Covenants. By THOMAS MARTIN, Esq., Barrister at Law. Royal 8vo., price 17. 148. boards. Vol. III.-Continuation of Martin's Conveyancing, by CHAS. DAVIDSON, Esq. Containing Precedents, with Practical Notes.-Introduction; explaining the Use of the Precedents; the General Rules for the Construction of Drafts, -and the manner in which accuracy and precision of language may be best ensured.-Precedents, with Practical Notes, of-Conditions of Sale-Agreements-Purchase Deeds-Mortgages. Royal 8vo., price 17. 68. boards. Vol. IV.-Precedents, with Practical Notes, of-Leases -Partitions-Exchanges-Settlements. Royal 8vo., 17. 58. bds. Vol. V. Precedents, with Practical Notes, of-Wills-Partnership Deeds-Indemnity Deeds-Trust Deeds-Releases and Miscellaneous Deeds-completing the Work. With General Index. Royal 8vo., 17. 10s. bds. 1842. PRACTICE OF THE HOUSE OF LORDS, &c.-A PRACTICAL TREATISE on the APPELLATE JURISDICTION of the HOUSE of LORDS and PRIVY COUNCIL, and on PARLIAMENTARY DIVORCE; with a Selection of Leading Cases. By JOHN MACQUEEN, Esq., of Lincoln's Inn, Barrister at Law. Royal 8vo., 17. 118. 6d. bds. "The work of Mr. Macqueen supplies the most copious and important information upon the whole of the subject of which it treats; it possesses also a character of authentic accuracy, or rather of judicial authority, to which no book of practice in any other department of the law can make any pretensions, and the want of which in the principal tribunals, both of law and equity, is often productive of delay, perplexity, and expense to the litigating parties as well as the practitioners. It is obvious that a work composed under such circumstances ought to find a place in every law library in the kingdom." Times, Sept. 28, 1842. SMITH'S LEADING CASES.-A SELECTION of LEADING CASES on VARIOUS BRANCHES of the LAW. With Notes. By JOHN WILLIAM SMITH, Esq., of the Inner Temple, Barrister at Law. Royal 8vo., 2 vols., Second Edition, price 21. 88. boards. 1841. COLLINS ON THE STAMP LAWS.-THE STAMP ACTS, with the Cases decided thereon, considered, with a view to ascertaining their influence upon Written Documents when produced for the purpose of Evidence. By G. W. COLLINS, Esq., of Lincoln's Inn, Barrister at Law. 8vo., price 17. 18. boards. 1841. able and established Practice in London, is desirous to extend his Agency Connexion, and to become the Town Agent of respectable Country Practitioners upon such advantageous terms to them, as to make their Common-Law and Chancery Practice, as well as the other business conducted through Agency, a much greater source of profit to them than under the ordinary terms of Agency. The Advertiser will give and require every satisfactory Reference. Apply by Letter to "W. O. S.," Messrs. Stevens & Norton, Law Publishers, Bell-yard, Lincoln's Inn. During the ensuing Session, Courses of Lectures, com mencing on the 4th November, will be delivered as follows:8 P. M., on Tuesdays and Fridays. By Professor CAREY, A. M., from half-past 7 to half-past ECTURES on LAW and JURISPRUDENCE. First Course, before Christmas, on Practice, Pleading and Evidence. Second Course, before the Spring Circuit, on Criminal Law. Third Course, after the Spring Circuit, on the Law of Contracts. Fee for each Course, 21.; for all the Courses, 51. By Professor GRAVES, A. M., from half-past 7 to half-past 8 P. M., on Mondays and Thursdays, commencing on the 7th November. First Course, on General Jurisprudence-Principles of Legislation-Legal Method and Nomenclature. Second Course, on Equity Trust Estates-The Rights and Duties of Trustees. Third Course, on International Law-The Rights and Duties of Neutral Nations. Examinations for Degrees in Laws are held once a year, in November, by the University of London. A Scholarship of 501. a year for three years is proposed by the Senate, under certain conditions, for the Candidate who, at the examination for Honours, shall distinguish himself the most in Jurisprudence. By the Act 1 Vict. c. 56, the facilities enjoyed by Graduates of the Universities of Oxford, Cambridge, and Dublin, for admission as Attornies and Solicitors, are extended to Graduates of the University of London. Further information may be obtained at the Office of the College. GEORGE LONG, A. M., Dean of the Faculty of Arts and Laws. University College, CHARLES C. ATKINSON, London, Oct. 20, 1842. Secretary to the Council. Publi.hed this day, in 3 vols. royal 8vo., containing above 3000 pages, 57. 58. boards, HE LAW of NISI PRIUS, Evidence in Civil Tctions, Arbitration, and Awards: with an Appendix of New Rules, the Statutes of Set-off, Interpleader, and Li mitation, and the Decisions thereon. By ARCHIBALD JOHN STEPHENS, Barrister at Law. RAWLINSON'S CORPORATION ACTS.-The MU-the NICIPAL CORPORATION ACT 5 & 6 Will. 4, c. 76, and the Acts since passed for amending the same; with Notes and References to the Cases thereon; also an Appendix, containing the principal Statutes referred to, including those relating to Mandamus and Quo Warranto; a List of Boroughs having Quarter Sessions, Borough Court Rules, &c. &c. By CHRIS TOPHER RAWLINSON, Esq., of the Middle Temple, Barrister at Law, and Recorder of Portsmouth. 12mo. 15s. boards. 1842. A. Maxwell & Son, Law Booksellers and Publishers, Bell London: Longman, Brown, Green, & Longmans. Orders for THE JURIST given to any Newsman, or letter (post-paid) sent to the Office. No. 3, CHANCERY LANE. or to V. & R. STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late of Portugal Street), 26 and 39, BELL YARD, will insure its punctual delivery in London, or its being forwarded on the evening of publica tion, through the medium of the Post Office, to the Country. London: Printed by WALTER M'DOWALL, PRINTER, 4, PENBERTON Row, and Published by STEPHEN SWEET, BOOKSELLER No. 303. House of Lords ........ LONDON, OCTOBER 29, 1842. PRICE 18.. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity:— SE. T. HOOD, Esq. of the Inner Temple, Barrister at Law. TENISON EDWARDS, Esq. of the Inner Temple, Barrister at Law. House of Commons Elec- A. V. KIRWAN, Esq. of Gray's tion Comotions Inn, Barrister at Law. Privy Council ..... LONDON, OCTOBER 29, 1842. Ir is said, that, among the subjects to which the attention of the authorities will be directed in carrying out reforms in the practice of the Court of Chancery, one is the existing mode of taking the depositions of witnesses. We trust that this is a true rumour, for undoubtedly the machinery for examining witnesses in Chancery is in a state most unsatisfactory as an engine for the discovery of truth; and although the direction and details of the requisite alterations may call for much consideration, it is incontestable that material alteration, both in principle and detail, is necessary. The mode of examining witnesses in Chancery is indeed, from the first to the last stages, the most singular that can be well imagined. In the first instance, after the bill and answer have been put on the file, and it becomes necessary for either the plaintiff or defendant to prove his case, the course, as it is well known to our readers learned in equity proceedings, is to instruct counsel to prepare interrogatories to examine witnesses for the purpose of proving the material allegations contained in the pleadings. If any one were asked how this was done, he would probably imagine, keeping in view that the object is to extract from the witnesses all the knowledge possessed by them tending to establish the truth of a certain set of facts, that counsel would be informed who and what the witnesses are, and would be put in possession of the peculiar information supposed to be possessed by each witness intended to be examined. But this would be a course far too definite, and if we may so term it, too unideal for Chancery; and counsel, as we know, are not in general instructed as to any such special information, with reference to any particular witness, as would enable him so to shape his interrogatory as to extract from that witness matter tending to establish some collateral fact, which might be of great importance. He VOL. VI. PP E. KEMPSON, Esq. of the MiddleCourt of Queen's Bench G. J. P. SMITH, Esq. of the Inner Temple; and Queen's Bench Bail Court Temple, Barristers at Law. coln's Inn, Barrister at Law. JJ. R. MARSHMAN, Esq. of Lin W. M. BEST, Esq. of Gray's Inn, Ecclesiastical and Admi-S ROBERT PHILLIMORE, Advocate ralty Courts Court of Review { { in Doctors' Commons. [F. FISHER, Esq. of Lincoln's Inn, Barrister at Law. is, on the contrary, in general simply instructed to advise what facts must be proved, and to frame interrogatories which shall meet those facts. His interrogatories are therefore not addressed, as at law, to the mind of the witness, as well as to the facts, but merely to certain facts supposed to be in the knowledge of some unseen, and to him, imaginary witnesses. The difference of result between these two processes of examination must be obvious. The examining counsel is by the former plan frequently enabled to extract from a witness in the course of examination many facts, the existence of which is only suggested to the examiner by the unforeseen answers of the witnesses; and thus to form perhaps an entire chain of evidence, where he originally only expected to procure a few links. In the latter, or Chancery mode of proceeding, the counseł is in the dark, and there he may remain, save in so far as his imagination may suggest to him acute and farsighted inquiries, calculated to draw forth matters not directly suggested by the pleadings. Thus the Chancery examination begins with a grievous defect. The next item of defect is, in truth, but an emanation from this original one, viz. the confining the examination of each witness to some particular interrogatory or interrogatories. Undoubtedly, there can be no necessity in Equity, any more than at Common Law, to put to every witness a whole set of interroga tories, intended to embrace all the material facts in a case. But, inasmuch as the different facts of a case are often very singularly connected by almost imperceptible affinities, it must frequently happen that a witness, who knows, or professes to know prominently only certain facts, to which the particular interrogatories intended for him are addressed, does also, as connected with those, know certain others, which being referred to only by interrogatories never exhibited to him, are in no way called to his recollection. Now, at law, this extra knowledge of the witness must almost inevi proved, through the unexpected failure of a witness, whose testimony, had such failure been known in time, might have been corroborated or supplied." Lastly, we will notice the secrecy observed as between the parties. As each party examines his witnesses secretly, and as no publication of any part of the evidence is allowed till after the whole is concluded, it follows of course, that if one party wishes to cross-examine the witness of the other, he must do so without having the tably be brought out, in the course of that discursive examination which the sagacity of counsel will found upon the unanticipated matter thrown out by the witness; whereas in Equity, what the counsel has not foreseen, there is no one to supply; the examiner being bound by the record, and unable to take a deposition unless it is strictly called for by the interrogatory. It is manifest, that in many cases the real nature and extent of the evidence which a witness can give. may be mistaken by the person giving instruction for the plead-shadow of an idea of what is the nature of the evidence ings; and that, while the witness may be unable to prove the particular circumstances alleged in the pleadings, and to which he is interrogated, he may be able to prove some very similar and important facts, as to which, no inquiry being strictly made by the interrogatories, he cannot be examined. It is true, that, as it is expressed by Mr. Gresley, in his useful Treatise on Evidence in Equity, a remedy is supplied to some of these defects, by allowing, under special circumstances, a re-examination, or sometimes even a cross-examination after publication; but it is clear that such a remedy is very inadequate, amounting to very little more than this, that, after a party has, at great expense, been permitted to find out that the witnesses cannot prove what he had been led to suppose they could prove, he may, under very special circumstances, make a further attempt, which may be equally futile, to find out what they can prove. in chief. In general, the only use of a cross-examination is to rebut the evidence in chief, and this can well be done in the mode of taking evidence at law, where one party having heard what the witness has stated in his examination in chief, may put such questions as are adapted for the express purpose of eliciting answers contradicting or modifying such evidence in chief. But in Equity a cross-examination is in fact nothing but another examination in chief, which may or may not touch upon the matters elicited in the original examination in chief. And the result is in practice, as it is well known, that cross-examination is in general considered as mere waste of time and paper, and may be said to have in Equity proceedings no real existence. The principal source of all these defects seems to be traceable to the plan of taking all evidence in writing, a plan which, whatever may be its apparent fitness by analogy to the general scheme of Equity procedure, does not appear to be necessarily required by the prin ciples of that procedure; because the reasons which may exist for the necessity of the plaintiff and defendant shaping their charge and defence respectively in writing, have no necessary application to the case of an or dinary witness. A defendant in Equity is called upon to bare his conscience to the searching inquiry of the plaintiff. It is fitting therefore and necessary that the defendant should have before him the allegations of the plaintiff, in such form as will enable him coolly and deliberately to consider and weigh them; and it is equally fit and necessary that he should have the like opportunity of considering and weighing in what precise form and words he shall set forth his defence. The whole scheme and aim indeed of the written pleadings and their rules, is that the plaintiff shall not suddenly entrap the defendant; and that the defendant shall not, on the other hand, elude the plaintiff; and this double object can only be attained by using written plead Next comes the double secrecy; the secrecy with which the deposition is taken by the examiner; and the secrecy which is preserved as between the parties. The result of the former is of course to deprive the examiner of much valuable assistance; to throw him on his own resources; to withhold all chance of correction being applied to any misconception on his part, or on that of the examinant; in fact, to reject, as if in contempt of the universal experience of mankind, the benefit which arises from the frequently greater clairvoyance of lookers-on, than of those engaged in any special occupation. How frequently do we not see in courts of law that the answer of a witness is understood by the examining counsel, and perhaps by the jury, in a different sense to that which he means really to convey, and that his real meaning is suspected and drawn forth by some further question put by the Court or by other Counsel! That this sort of misconceptions takes place, at least as largely, in taking depositions in answer to written and very technically worded interroga-ings. But to the case of witnesses these reasons do not tories, cannot be doubted; but there is in general no way of removing them, or even of ascertaining whether they have existed or not. The opinion of Mr. Plumer, stated on this point to the Chancery Commission, is very striking: "The secrecy of the examination," says that gentleman, “appears, to say the least of it, of very doubtful policy. It throws an extremely heavy responsibility on the examiner. If a witness has omitted to mention, or the examiner to take down, a material statement, or if the witness has misconceived the question or the examiner the answer, the defect is but rarely discovered till it is too late to supply or correct it. Sometimes the case is overloaded with evidence, and much unimportant matter taken down, from the party's not knowing what has been proved as the examination proceeds; in other instances the case is defectively apply; the witness in Equity is no more than the witness at Law; his conscience is not more ransacked in the one case than the other; he is simply called on to bear testimony to facts, in the result of which he has no interest; and as to the mode therefore of giving his testimony, he requires neither more nor less care; neither more nor less protection, than the witness in an action at Law. These views have, we believe, become of late much entertained in the profession. We apprehend therefore that the principle of reform in the mode of taking evidence in Equity, will consist in the introduction of vira voce evidence, and publicity in the examination; in fact, in assimilating, as far as the genius of Equity procedure will allow, the mode of examination in Chancery to that pursued in actions at Law. Regulæ Generales. ORDER OF COURT OF CHANCERY. 26TH OCTOBER, 1842. titled to sue out the same, and in case it shall appear that such writ is correct in form, and that the person is entitled to sue out the same, such writ shall be forthwith sealed with such seal as aforesaid, and shall, when so sealed, have the same force and validity as such writ now has when sealed with the Great Seal. tofore been directed to be given to a Six Clerk, such VI. That in cases where security for costs has heresecurity shall be directed to be given to the Clerk of Records and Writs in whose division the cause is. The Right Honourable JOHN SINGLETON LORD LYNDHURST, Lord High Chancellor of Great Britain, by and V. That all exceptions for scandal, impertinence, and with the advice and assistance of The Right Honour-insufficiency shall be filed with the Clerk of Records able HENRY LORD LANGDALE, Master of the Rolls, the and Writs in whose division the cause may be. Right Honourable SIR LANCELOT SHADWELL, Vice Chancellor of England, and the Right Honourable the Vice Chancellor SIR JAMES WIGRAM, doth hereby, in pursuance of an Act of Parliament passed in the fifth and sixth years of the reign of her present Majesty, intituled, "An Act for Abolishing certain Offices in the High Court of Chancery in England ;" and in pursuance and execution of all other powers, enabling him in that behalf, order and direct in manner following: that is to say, Clerk of the Inrolments in Chancery. I. That all acknowledgments, affidavits, or affirmations required for the purpose of inrolling any deed or other document in Chancery may be made, sworn, or affirmed, before the Clerk of Inrolments in Chancery, or before any Clerk of Records and Writs, as occasion may require for the better despatch of business. II. That the Clerk of Inrolments in Chancery shall take and receive all such fees and sums of money as have heretofore been lawfully received by the Clerks of Inrolments and their deputies, or by the Six Clerks, or any of them, as Comptrollers of the Hanaper, or as Riding Clerk, and shall pay all such fees and sums of money into the Bank of England, in the name of the Accountant-General, to be placed to the credit of the account, intituled, "The Suitors' Fee Fund Account." Clerks of Records and Writs. VII. That pleas, answers, affidavits or affirmations, whereon to ground process of contempt, affidavit or affirmations, required to be annexed to bills, and oaths or affirmations as to the carriage of pleas, answers, examinations or depositions of witnesses, taken before commissioners in the country, may be sworn, affirmed or attested upon honour, before any Clerk of Records and Writs, or before the Clerk of Inrolment in Chancery, as occasion may require, for the better despatch of business. VIII. That any Clerk of Records and Writs, being required to attend with any record or document at any assizes, or at any court or place out of the Court of Chancery, or the offices thereof, shall be entitled to require that the solicitor, or party desiring such his attendance, shall deposit with him a sufficient sum of money of such attendance, and to undertake to pay any further to answer his just fees, charges and expenses in respect just fees, charges and expenses which may not be fully answered by such deposit. Taxing Masters. IX. That the Taxing Masters shall perform all such duties as have heretofore been referred to or performed by the Masters in Ordinary in relation to the taxation of costs; and shall in respect thereof have all such mat-powers and authorities as are now vested in the Masters in Ordinary, III. That the Clerks of Records and Writs shall per form all such duties as have heretofore been performed by the Six Clerks, Sworn Clerks, or Waiting Clerks, as officers of the court, in relation to the several ters hereinafier mentioned; that is to say, The filing, custody, copying, and amending of all informations, bills, demurrers, pleas, answers, and other pleadings and records. The entering of appearances, rules, consents, notes and memorandums of service. The certifying of appearances and proceedings. The custody of exhibits deposited for inspecting and copying. The attendance with records and exhibits on the Judges of the Courts, on the Masters in Ordinary, and at assizes or elsewhere. The inrolment of decrees and orders. And all other duties heretofore performed by the Six Clerks, Sworn Clerks, or Waiting Clerks, as officers of the court in relation to suits and matters in equity, and not as attornies, solicitors or agents of the parties in suits or matters in equity. that IV. That the clerks of records and writs shall forthwith provide a seal in such form and bearing such impression as the Lord Chancellor shall approve of, and any person desirous of suing out any writ which has heretofore been issued out of the Six Clerks' Office, may prepare the same in the present form, or in such other form as the Lord Chancellor may hereafter direct, and may present such writ for sealing to the Clerk of Records and Writs in whose division the cause is, and such writs shall henceforth be open writs, and it shall no longer be necessary for the Lord Chancellor to sign any such writ, and that the Clerk of Records and Writs to whom any such writ shall be presented for sealing, shall thereupon ascertain whether such writ is correct in form, and whether the person presenting the same is, according to the course and practice of the court, en To administer oaths, To examine witnesses and parties, To order the production and inspection of books, papers, and documents, To proceed de die in diem, To make separate reports and certificates, To require that any party be represented by a separate solicitor, And to direct and adopt all such other proceedings as may now be directed and adopted by the Master in Ordinary, on references for the taxation of costs and taking accounts of what is due in respect of such costs and such other accounts connected therewith, as may be directed by the court. X. That all references for the taxation of costs shall be made to the Taxing Master in rotation; or if there has been any former taxation of costs in the same cause or matter, then to the Taxing Master before whom such former taxation has taken place, either on a reference from the court, or upon the request of a Master in Ordinary. XI. That all bills of costs, which by any existing Order have been referred for taxation to any Master in Ordinary, who shall not have certified the costs due thereon, before the 28th October instant, are hereby transferred to the Taxing Masters, and shall respectively be taxed by the Taxing Master in rotation; and that if any bills of costs have been proceeded with before the said 28th October instant, the Taxing Master, by whom the same shall be taxed, shall be at liberty to adopt the whole or such part as he shall think fit, of the proceedings which have taken place before the transfer, and may demand and receive for completing such taxation such fees as would have been payable in respect thereof in case such taxation had been continued and completed by the Master in Ordinary, including therein the fees which in such case would have been payable to the clerks in court, for the completion of such taxation, or as near thereto as the circumstances of the case will admit. XII. That in cases where the account of any trustee, executor, administrator, receiver, consignee, or committee, shall consist in part of any bill of costs; and in cases of any proceedings under the 22nd or 23rd of the Orders of the 21st December, 1833, or under the 47th of the Orders of the 26th August, 1841, as amended by the 6th of the Orders of the 11th April, 1842, and in all other cases where, under any General Order, the Master in Ordinary is at liberty to tax the costs of any proceeding before him in respect of any exceptions, or any creditor's charge or otherwise, the Master in Ordinary to whom it may be referred to take such account, or before whom any such proceeding may take place, shall be at liberty to request the Taxing Master in rotation, or the Taxing Master to whom any taxation in the same cause or matter may have been previously referred, to assist him in taxing and settling such bill of costs not being the ordinary costs, on passing such account; and that the Taxing Master, on receiving such request, shall proceed to tax such bill, and shall have the same powers and may receive the same fees in respect thereof as if the same had been referred to him by the court, and shall return the same, with his opinion thereon, to the Master in Ordinary at whose request the same was taxed. XIII. That if, upon the taxation of any bill of costs, it shall appear to the Taxing Master that for the purpose of duly taxing the same it is necessary to inspect any books, papers, or proceedings relating to the cause or matter which shall be in the office of any Master in Ordinary, the Taxing Master shall be at liberty to request the Master in Ordinary, having any such book, paper, or proceeding in his office, to cause the same to be transmitted to the office of the Taxing Master: and also to request any Master in Ordinary to certify any proceedings in his office, which may be comprised in a bill of costs under taxation; and that in such cases the Master in Ordinary, when, and so soon, and at and for such times as the due transaction of the business in his own office will permit, shall direct such books, papers, and documents to be transmitted to the office of the Taxing Master, for his use during the taxation, and shall certify the proceedings which have taken place in his office, according to the request of the Taxing Master; and that after the costs in respect of which such request of the Taxing Master was made shall have been certified, the Taxing Master shall cause the same books, papers, and documents which have been so transmitted to his office, if then remaining there, to be returned to the office of the Master in Ordinary by whom they were transmitted, unless it shall appear to the Master in Ordinary, and also to the Taxing Master, that any bill of costs forming part of the papers so transmitted ought to be retained by the Taxing Master, in which case the Taxing Master shall take charge of such bill of costs subject to the order of the court. XIV. That when any paper or document shall be transmitted from the office of a Master in Ordinary to the office of a Taxing Master, an entry of such transmission shall be made in the book of proceedings of the Master in Ordinary, and shall be signed by the Taxing Master or the clerk of the Taxing Master at whose request such paper or document may be transmitted; and that when any such paper or document shall be returned from the office of the Taxing Master to the office of the Master in Ordinary, an entry of such return shall be made in the said book of proceedings, and be signed by the Master in Ordinary or his clerk. XV. That the Taxing Masters are to be respectively assistant to each other; and that in the discharge of their duties, and for the better despatch of the business of their respective offices, any Taxing Master may tax or assist in the taxation of a bill of costs which has been referred for taxation, and for ascertaining what is due in respect of such costs to any other Taxing Master, and in such case shall certify accordingly. Solicitors. Parties acting in Person. XVI. That the solicitors of this court in all cases where the parties sue or defend by solicitors, and the parties themselves in all cases where they sue or defend in person, shall perform all such duties as have heretofore been performed by the sworn clerks and waiting in relation to the several matters hereinafter mentionclerks, as, attorneys, solicitors, or agents of the parties ed, viz. The making out of writs. ders, warrants, rules, and other documents, proceedings, The serving and being served with writs, notices, orand written communications, in causes and matters depending in court. The signing of elections and agreements to proceed at law or in equity. The signing of petitions of re-hearing and appeal. The entering of appearances and consents with the registrar. The signing of consents to petitions. The tender and acceptance of costs. The joining in commission and striking of commis sioners' names. The signing of notices by paupers. And all other duties heretofore performed by the sworn clerks, and waiting clerks, as attornies, solicitors, or agents of the parties in suits or matters in equity. XVII. That every solicitor of a party suing or defending by a solicitor shall cause to be indorsed or written upon every writ which he shall sue out, and upon every information, bill, demurrer, plea, answer, or other pleading or proceeding, and all exceptions, which he may leave with the clerks of records and writs to be filed, and upon all instructions which he may give to the clerks of records and writs for any appearance or other purpose, his name, and place of business, and also (if his place of business shall be more than three miles from the Record and Writ Clerk's Office) another proper place, (to be called his address for service), which shall not be more than three miles from the said office, where writs, notices, orders, warrants, rules, and other documents, proceedings, and written communications, may be left for him, and where any such solicitor shall only be the agent of any other solicitor, he shall add to his own name or firm and place of business the name or firm and place of business of the principal solicitor. XVIII. That a party suing or defending by a solicitor shall not be at liberty to change his solicitor in any cause or matter without an order of the court for that purpose, which may be obtained by motion or pe tition, as of course; and that, until such order is ob tained and served, and notice thereof given to the Clerk of Records and Writs, the former solicitor shall be considered the solicitor of the party. XIX. That where the party sues or defends by a solicitor, and no address for service of such solicitor shall have been indorsed or added pursuant to the directions of the 17th Order, all writs, notices, orders, warrants, rules, and other documents, proceedings, and written communications, not requiring personal service upon the party to be affected thereby, and which have heretofore been served upon the sworn clerks or waiting clerks, shall, unless the court shall otherwise die rect, be deemed sufficiently served upon served upon his solicitor at his place of business; but if an address for service of such solicitor shall have been the party, if |