GENERAL ORDERS AND RULES

OF

THE HIGH COURT OF CHANCERY,

ISSUED BY THE LORD CHANCELLOR.

ORDERS IN LUNACY,

Made Saturday, November 8, 1856.

I, ROBERT MONSEY, BARON CRANWORTH, Lord High Chancellor of Great Britain, intrusted, by virtue of Her Majesty the Queen's Sign Manual, with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, do, with the advice and assistance of the Right Honourable Sir JAMES LEWIS KNIGHT BRUCE, and the Right Honourable Sir GEORGE JAMES TURNER, the Lords Justices of the Court of Appeal in Chancery, also being intrusted as aforesaid, and by virtue and in exercise of the powers or authorities in this behalf vested in me by "The Lunacy Regulation Act, 1853," and of every other power or authority in anywise enabling me in this behalf, Order and direct as follows, that is to say :

1. From and after the 15th day of November 1856, in lieu of copies of proceedings and documents in matters in Lunacy being made and delivered by the officers in Lunacy at the office in which they are filed or left, copies of such proceedings and documents (save as hereinafter excepted) are to be made, delivered, charged, and paid for, according to the following regulations:

1. The following copies are exempted from this Order, that is to say: office copies of affidavits to be made for and taken by the party filing the same; copies of documents prepared in the offices of the Masters in Lunacy and Registrar in Lunacy respectively, to be made for and taken by the party having the conduct of the proceedings; office copies of all documents and proceedings filed in the office of the Registrar in Lunacy; and copies of all documents filed or deposited for safe custody in the office of the Masters in Lunacy.

2. The party or his solicitor requiring any copy (save as hereinbefore excepted), is to make a written application, to be deliNEW SERIES, XXVI.-CHANC.

vered to the party by whom the copy is to be furnished, or his solicitor, with an undertaking to pay the proper charges.

3. Upon such requisition being made, with such undertaking as aforesaid, copies of such proceedings or documents are to be made by the party, or his solicitor, filing or leaving the same, or who, under the first rule, may have taken office copies thereof.

4. The copies are to be ready to be delivered at the expiration of forty-eight hours after the delivery of such request and undertaking, or within such other time as the Lord Chancellor, or the Lords Justices, intrusted as aforesaid, may in any case direct, and are to be delivered accordingly upon demand and payment of the proper charges.

5. The charges for all such copies are to be at the rate of fourpence per folio.

6. Copies of bills of costs are to be made side by side, so as to correspond with the bills of costs left in the office

Α

7. The folios of all copies are to be numbered consecutively in the margin thereof, and the name and address of the party or solicitor by whom the same are made is to be indorsed thereon, and such party or solicitor is to be answerable for the same being true copies of the originals, or of the office copies of the originals, of which they respectively purport to be copies, as the case may be.

8. Any party or solicitor who has taken any office copy mentioned in Rule 1, is to produce the same in Court, or at the office of the Masters in Lunacy, when required for the purpose of the proceedings to which

the same relate.

2. All office copies and copies to be furnished by parties or their solicitors, shall be written on paper of a convenient size, with a sufficient margin and in a neat and legible manner, similar to that which is usually adopted by law stationers; and in the case

of copies to be furnished by parties or their solicitors, unless so written, the parties or solicitors furnishing them shall not be entitled to be paid for the same.

3. In case any solicitor who shall be required to furnish any such copy as aforesaid, shall either refuse, or for two clear days from the time when the application for such copy shall have been made, shall neglect to furnish the same, the person by whom such application shall have been made, shall be at liberty to procure a copy from the office in which the original document shall be or shall have been filed or left, in the same way as if no such application had been made to the solicitor; and in such case no costs shall be due or payable to the solicitor so making default, in respect of the copy or copies so applied for.

4. The Taxing Masters shall not allow any costs in respect of any copy so taken as aforesaid, unless the same shall appear to them to have been requisite, and to have been made with due care.

CRANWORTH, C.

J. L. KNIGHT BRUCE, L.J.
G. J. TURNER, L.J.

Wednesday, November 12, 1856.

THE Right Honourable ROBERT MONSEY, LORD CRANWORTH, Lord High Chancellor of Great Britain, with the advice and assistance of the Right Honourable Sir JOHN ROMILLY, Master of the Rolls, and the Honourable the Vice Chancellor Sir RICHARD TORIN KINDERSLEY, the Honourable the Vice Chancellor Sir JOHN STUART, and the Honourable the Vice Chancellor Sir WILLIAM PAGE WOOD, Doth hereby, in pursuance of the Act passed in the Session of Parliament holden in the 15th and 16th years of the reign of Her present Majesty, intituled "An Act to abolish the Office of Master in Ordinary of the High Court of Chancery, and to make provision for the more speedy and efficient Despatch of Business in the said Court," and of the Act passed in the Session of Parliament holden in the 18th and 19th years of the reign of Her present Majesty, intituled "An Act to make further Provision for the more speedy and efficient Despatch of Business in the High Court of Chancery, and to vest in the Lord Chancellor the Ground and Buildings of the said Court, situate in Southampton Buildings, Chancery Lane, with Power of leasing and sale thereof;" and in pursuance and execution of all other powers enabling him in that behalf, Order and direct as follows:

The business to be disposed of by the Master of the Rolls and the Vice Chancellors respectively while sitting at Chambers shall comprise the following matters, that is to say:—

1. Applications for payment to any person or persons of the dividends or interest of any stocks or funds standing on the credit of any cause or matter depending in the Court of Chancery to the separate account of such person or persons.

2. Applications under the 32nd section of the Act of Parliament passed in the 36th year of the

reign of King George the Third, chapter 52, in all cases where the sum paid into the Bank of England, or the stock transferred into the name of the Accountant-General under such section, does not exceed Three hundred pounds cash, or Three hundred pounds stock, as the case may be.

3. Applications under the Act passed in the

Session of Parliament holden in the 10th and 11th years of the reign of Her present Majesty, chapter 96, intituled "An Act for better securing Trust Funds, and for the Relief of Trustees," and the Act passed in the Session of Parliament holden in the 12th and 13th years of the reign of Her present Majesty, intituled "An Act for the further Relief of Trustees," in all cases where the trust fund does not exceed Three hundred pounds cash, or Three hundred pounds stock, as the case may be.

4. Applications under "The Trustee Act, 1850," and the Act of Parliament passed in the Session of Parliament holden in the 15th and 16th years of the reign of Her present Majesty, intituled "An Act to extend the Provisions of The Trustee Act, 1850,"" in all cases where any Decree or Order shall have

been made by the Court for the sale or conveyance of any lands.

5.-Applications on behalf of infants under the 12th, 16th, and 17th Sections of the Act of Parliament passed in the 1st year of the reign of King William the Fourth, Chapter 65, in all cases where the infant is a Ward of the Court of Chancery, or the administration of the estate of the infant, or the maintenance of the infant is under the direction of the Court.

In the 4th of these Orders the word "lands" is to be construed according to the definition and interpretation thereof contained in the 2nd Section of "The Trustee Act, 1850."

CRANWORTH, C.

JOHN ROMILLY, M.R.

RICHARD T. KINDERSLEY, V.C.

JOHN STUART, V.C.

WILLIAM PAGE WOOD, V.C.

UNDER THE LEASES AND SALES OF SETTLED ESTATES ACT.

Saturday, November 15, 1856.

THE Right Honourable ROBERT MONSEY, BARON CRANWORTH, Lord High Chancellor of Great Britain, with the advice and assistance of the Right Honourable Sir JoHN ROMILLY, Master of the Rolls, the Right Honourable Sir JAMES Lewis Knight BRUCE, and the Right Honourable Sir GEORGE JAMES Turner, the Lords Justices of the Court of Appeal in Chancery, the Honourable the Vice Chancellor Sir RICHARD TORIN KINDERSLEY, the Honourable the Vice Chancellor Sir JOHN STUART, and the Honourable the Vice Chancellor Sir WILLIAM PAGE WOOD, Doth hereby, in pursuance of the Act of Parliament of the 19th and 20th years of her present Majesty, chapter 120, intituled "An Act to facilitate Leases and Sales of Settled Estates," and in pursuance and execution of all other powers enabling him in that behalf, ORDER AND DIRECT in manner following, that is to say :

1. Every Petition under the Act, and every Public and Private Notice required by the Act, must set forth the name, address, and description of the Petitioner, and also a place in London, Westminster, or the Borough of Southwark, or within two mi es of Lincoln's Inn Hall, where he may be served with any Order of the Court or notice relating to the subject of the Petition.

2. All Petitions and Notices, and also all Affidavits and other proceedings under the Act, are to be entitled, In the Matter of the Act, and in the Matter of the property in question, mentioning the county and parish or place in which it is situate, and describing it by general terms; and every such Petition shall be marked with the words "Master of

the Rolls," or with the title of the Vice Chancellor before whom it is intended to be heard.

3. After any such Petition has been presented, application may be made ex parte and in Chambers to the Judge before whom it is intended to be heard, for directions in what newspapers the Notices required by the Act are to be inserted.

4.-Motions under the 20th section of the Act may be made ex parte within seven clear days after the publication of the advertisement which may be last inserted in the newspaper, but not later (except by special leave of the Court); and every Order made on any such motion must be served on the Petitioner within four days after the making thereof.

Friday, January 30, 1857.

WHEREAS of late years various alterations have taken place in the Practice and Procedure of the Court of Chancery, whereby certain of the fees heretofore allowed to the solicitors of the Court have ceased, and others of such fees have become inapplicable to the duties which the solicitors have to perform; and it is desirable that a new and revised List of Fees should be made.

THE Right Honourable ROBERT MONSEY, LORD CRANWORTH, Lord High Chancellor of Great Britain, with the advice and assistance of the Right Honourable Sir JAMES Lewis Knight BruCE, and the Right Honourable Sir GEORGE JAMES TURNER, the Lords Justices of the Court of Appeal in Chancery, the Honourable the Vice Chancellor Sir RICHARD TORIN KINDERSLEY, the Honourable the Vice Chancellor Sir JOHN STUART, and the Honourable the Vice Chancellor Sir WILLIAM PAGE WOOD, Doth ORDER AND DIRECT as follows: