or further relief sought for, or some special issue to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner."

By O. XVI. 40, "wherever in any action for the admon of the estate of a deceased person, or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or an order has been pronounced or made-(a) under O. xv.; (b) under 9. XXXIII.; (c) affecting the rights or interests of persons not parties to the action-the Court or a Judge may direct that any persons interested in the estate, or under the trust, or in the hereditaments, shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may, within one month after such service, apply to the Court or Judge to discharge, vary, or add to the judgment or order."

That accounts on the footing of wilful default will not in general be directed where such default was not originally pleaded, see Barber v. Mackrell, 12 Ch. Div. 534, 538; Mayer v. Murray, 8 Ch. D. 424; Job v. J., 6 Ch. D. 562; Lake v. Tonkin, 21 Ch. D. 757, and inf., Chap. XLI., "TRUSTEES."

After the usual judgment in a partnership action, the Court declined to add an inquiry or direction as to return of premium, it not appearing that any further facts had come to the knowledge of the Plt since the hearing: Edmonds v. Robinson, 29 Ch. D. 170.

SECTION III.-ENROLMENT OF JUDGMENT OR ORDER.

By O. LXI. 8, "it shall not be necessary to enrol any judgment or order, whether dated before or since the commencement of the principal Act."

Under the practice before the Jud. Acts, a decree did not, strictly speaking, become a record of the Court until it had been enrolled, and until enrolment it was liable to be altered by the Court itself upon a rehearing.

The effect of enrolling a decree or order of the M. R. or V.-C. (whether interlocutory or final, and whether made in Chambers or in Court) was to make it the decree or order of the L. C., and consequently prevented a rehearing of the cause before the M. R. or such V.-C., or an appeal to the Court of Appeal, and such decree or order could only be reversed or altered, either by appeal to the House of Lords, or by bill of review. On the other hand, the House of Lords would not hear an appeal against any decree or order of the Court of Chancery until it had been enrolled.

With respect to judgments and orders made since 2nd Nov. 1875, enrolment has no longer the effect of preventing an appeal to the Court of Appeal established by the Jud. Acts, and is now (except in the case of enrolment under special statutes) a useless ceremony: Hastie v. H., 2 Ch. 304, 307; because appeals to the House of Lords are not from the High Court of Justice, but from any order or judgment of Her Majesty's Court of Appeal in England: see the Appellate Jurisdiction Act, 1876 (39 & 40 V. c. 59),

s. 3.

And for the former practice as to enrolling decrees and orders, see Seton (3rd ed.), 1145–1149.

As to the enrolment of schemes under the Railway Cos. Act, 1867 (30 & 31 V. c. 127), v. Chap. LIV.

VACATING ENROLMENTS.

As to the former practice of vacating enrolments, see Seton (4th ed.), p. 1550.

SECTION IV.-ENROLLING OR ENTERING ORDERS OF OTHER

COURTS.

1. Order of the High Court of Justice in Ireland enrolled on Petition of Course to the Lord Chancellor-41 G. III. c. 90.

UPON the petition of the Plt this day preferred unto the Rt. Hon. the L. C. &c., His Lordship doth order that the decree made on the further consideration of this cause by the (now Chancery Division of the High Court of Justice in Ireland) dated &c., whereby it was ordered &c. [state decree, or the part of it to be inrolled in this Court], and a copy of which said decree has been exemplified and certified to this Court under the Great Seal of Ireland, pursuant to the provisions of the Act of Parliament made in the 41 G. III. c. 90, be enrolled on the rolls of this Court.-Ferguson v. F., L. C., 22 July, 1875, A. 1134. This order is obtained on petition of course.

For subsequent orders in this case, see S. C., V.-C. H., 22 July, 1875, A. 1181; L. JJ., 4 Aug. 1875, A. 1828, 10 Ch. 661; and see Pennefather v. Short, W. N. (66) 102, 126.

NOTES.

By 41 G. III. c. 90, s. 6, where, in any suit between party and party any decree shall be pronounced, or any order made for payment or for accounting for money, by the High Court of Chancery in Ireland, the L. C. of Ireland for the time being is, upon application to him, to cause a copy of such order or decree to be exemplified and certified to the Court of Chancery in England under the great seal of Ireland; and the L. C. of England is forthwith to cause such order or decree, when presented to him so exemplified, to be enrolled in the rolls of the High Court of Chancery in England, and is to cause process of attachment and committal to issue against the person of the party against whom the order or decree shall have been made to enforce obedience to and performance of the same as fully and effectually as if such order or decree had been originally pronounced in the Court of Chancery in England.

By 5 G. IV. c. 111, these provisions are extended to orders made in any matter or proceeding by petition in cases of minors, bankrupts, idiots, or lunatics.

By 12 & 13 V. c. 77, s. 14, a similar provision was made in the case of orders of the Landed Estates Court in Ireland; but the jurisdiction of that Court is now transferred to the Irish High Court of Justice.

Even before the 35 & 36 V. c. 57, abolishing imprisonment for debt in Ireland, it seems that the English Court could not enforce an Irish decree by attachment in a case which in England would be within the Debtors Act, 1869 (32 & 33 V. c. 62): Ferguson v. F., 10 Ch. 661.

The jurisdiction to order enrolment of decrees of other Courts under 41 G. III. c. 90, and 2 & 3 W. IV. c. 93, appears to have been formerly exercisable by the V.-C.: 53 G. III. c. 24, s. 2; 5 V. c. 5, s. 22; or by the L. JJ.; 14 & 15 V. c. 83, s. 5; or one of them: 30 & 31 V. c. 64; but not by the M. R., and appears now to be exercisable by any Judge of the Chancery Division: see Jud. Act, 1873, ss. 16, 34 (2), 39.

There is no jurisdiction to enrol a decree of a Scotch Court: Re The Dundee Suburban Rail. Co., 58 L. J. Ch. 5; 59 L. T. N.S. 720; 37 W. R. 50; W. N. (88) 205; except decrees in the course of winding up a co.; or for "any debt, damages, or costs" under the Judgments Extension Act (31 & 32 V. c. 54).

2. Order of the Arches Court of Canterbury enrolled-
2 & 3 W. IV. c. 93.

UPON the petition &c., setting forth that by the decree of the Arches Court of Canterbury, dated &c., sentence was pronounced, and the Court pronounced against the appeal made in this cause on behalf of the Reverend C., and affirmed the order or decree of the Worshipful P., the Official Principal of the Consistory Court of, and condemned the said C. in costs; that the said costs were on the day of taxed to that date at £; that the said C., after having been duly monished, has wholly neglected to comply with such monition, and to pay the said costs, and has since been duly pronounced contumacious and in contempt, It is therefore ordered that a copy of the exemplification of the said decree, dated &c., and the several proceedings thereunder, be enrolled in the rolls of this Court, pursuant to the Act of Parliament of 2 & 3 W. IV. c. 93, s. 2.—Craig v. Watson, L. C., 21 June, 1871, A. 1873.

For subsequent order for sequestration, see S. C., inf. Chap. XXVII., "EXECUTION."

NOTES.

By 2 & 3 W. IV. c. 93, s. 1, provision is made for enforcing decrees of Ecclesiastical Courts by the writ de contumace capiendo in cases not within 53 G. III. c. 127.

As to the proceedings on this writ, see Hudson v. Tooth, 2 P. D. 125.

By sect. 2, when any person has been ordered by the order or decree, final or interlocutory, of any Ecclesiastical Court to pay any sum or sums of money, and after having been duly monished, shall refuse or neglect to comply with such monition and to pay the said sums therein ordered to be paid by him, or a peer or lord of Parliament or member of the House of Commons shall in any way neglect to perform or shall not perform any decree or order of such Courts, it shall be lawful for the Judge or Judges who shall have made such order or decree to pronounce the person so neglecting or refusing to comply contumacious and in contempt, and within ten days to cause a copy of such order or decree under the seal of the Court to be exemplified and certified to the L. C., who shall forthwith cause such copy to be enrolled in the rolls of the (Chanc. Div. in England), and shall thereupon cause process of sequestration to issue against the real and personal estate in England of the party against whom the order or decree shall have been made, in the same manner as if the cause had been originally instituted in the (Chanc. Div), and as if the process antecedent to process of sequestration had been duly issued and returned in the last-mentioned Court.

It was held sufficient if the exemplification was signed by the Ecclesiastical Judge within ten days: Cooper v. Dodd, 15 Jur. 69.

3. Order of the Chancery Court of the County Palatine made an Order of Court-13 & 14 V. c. 43, s. 15.

WHEREAS by an order, dated &c., made in the Chancery of the County Palatine of Lancaster (— District), it was ordered &c. [Recite order verbatim]; Now upon motion &c., and upon reading a transcript of the said order under the signature of the registrar of the said Court, and an affidavit &c. (evidence that the order cannot be fully enforced in the County Palatine Court), This Court doth order that the said order,

dated &c., be made an order of this Court.-Re The Albion Bank and Discount Co., Limited, Kekewich, J., 19 Nov. 1887, A. 1647; Smith v. Lewis, V.-C. B., 12 Oct. 1875, B. 1578.

For like order, see Re Prescot Masonic Hall Co., V.-C. H., 15 March, 1877, B. 426.

And for like order as against contributories named in a schedule, see Re Liverpool and Dublin Steam Co., V.-C. W., 4 Dec. 1866, B. 2461.

NOTES.

ORDERS OF THE COUNTY PALATINE COURTS.

By 13 & 14 V. c. 43, s. 15, whenever a Plt or Deft in any suit or proceeding, in which a decree or order has been made by the County Palatine Court, shall reside or withdraw his goods or person out of the jurisdiction of that Court, and whenever any decree or order of that Court cannot be fully enforced by reason of the non-residence of any person to be bound thereby within the jurisdiction of the said Court, then it shall be lawful for the (Chanc. Div.), upon the application of any person entitled to the benefit of such decree or order, and upon the production of a transcript of such decree or order, or such part thereof respectively as cannot be enforced for the reasons aforesaid, under the signature of the registrar of the County Palatine Court, and an affidavit that by reason of such non-residence, or removal as aforesaid, such decree or order, or such part thereof, cannot be enforced, to make such decree or order, or such part thereof respectively as cannot be enforced, a decree or order of the (Chanc. Div.); and thereupon such decree or order, or such part thereof respectively, may be enforced, and proceedings had thereon, as if such decree or order had been originally made by the (Chanc. Div.); and the costs of and consequent upon such application may be recovered as if the same were part of such decree or order.

By 17 & 18 V. c. 82, s. 10, these provisions were extended to decrees or orders made by the Court of Appeal in Chancery of the County Palatine thereby established.

By s. 7, the Court of Appeal in Chancery of the County Palatine (now her Majesty's Court of Appeal) is empowered to make orders according to the practice of the (Chanc. Div.) in all cases in which by reason of any person being out of the jurisdiction of the County Palatine Court, or otherwise, effectual protection cannot be given to any ward of that Court, or to any exor, admor, officer of Court, or other person entitled to its protection, or in which for the same reason, or otherwise, any contempt of the said Court cannot be effectually punished; and every such order shall have the same effect as an order of the (Chanc. Div.): and see Downes v. Jackson, 14 W. R. 907. By s. 8, where the parties are out of the jurisdiction of the Court of the County Palatine, the Court of Appeal may either direct the cause or matter to be transferred to the (Chanc. Div.), or order service to be effected out of the jurisdiction of the Court of the County Palatine.

On an application to serve a writ on a sole Deft out of the jurisdiction of the Court of the County Palatine of Lancaster, the Plt was put on terms to submit to a transfer of the action to the Chanc. Div. if the Deft applied for it; and on the Deft so applying the Plt had to pay the costs: Re Watmough, Sergenson v. Beloe, 24 Ch. Div. 280. In this case it was questioned whether sect. 8 applies to the case of a sole Deft.

The Palatine Court of Durham Act, 1890 (52 & 53 V. c. 47), s. 4, contains, in respect to that Court, provisions similar to those of 13 & 14 V. c. 43, s. 15, and 17 & 18 V. c. 82, s. 11, above stated.

ORDERS OF THE STANNARIES COURT.

By 18 & 19 V. c. 32, s. 10, where any decrees or orders, whether for payment of money or not, made in causes on the Equity side of the Court of the Vice-Warden, cannot be conveniently or effectually enforced by the ordinary process of the Court of the Vice-Warden within the jurisdiction thereof,

it shall be lawful for the (Chanc. Div.), or any Judge thereof sitting in Court or at Chambers, upon the application of the party entitled to the benefit of such decree or order, and production of a certificate from the registrar of the Court of the Vice-Warden under the seal of the Court of the said decree or order, or so much thereof as cannot be enforced, and a satisfactory affidavit of the ground of the application, to make the said decree or order, or so much thereof as cannot be enforced, a decree or order of the (High Court); and thereupon such decree or order, or such part thereof, may be enforced by such proceedings and writs as would have been taken or issued if the same had been originally made by the (High Court), and the costs of and consequent upon such certificate and application shall and may be recovered as if the same were part of such decree or order.

4. Order in Irish Winding-up made an Order of Court as against Contributories resident in England.—25 & 26 V. c. 89, s. 122. WHEREAS by an order of the Hon. Judge M., one of the Judges of the Court of Bankruptcy and Insolvency in Ireland, made in this matter, dated &c., It was ordered &c. [Recite call order verbatim without the schedule]; And whereas the schedule referred to in the said order is as set forth in the first part of the schedule hereto; Now upon motion &c., And upon reading an office copy of the said order and the schedule thereto, this Court doth order that the said order of the said Court of Bankruptcy and Insolvency, dated &c., be made an order of this Court as against such of the persons named in the first part of the schedule hereto as are named in the second column of part 2 of the same schedule.-Re Hollyford Copper Mining Co., L. J. G., 11 Dec. 1869, A. 3081, 5 Ch. 93.

In this case the proceedings had been transferred to the Bankruptcy Court under the Cos. Act, 1861 (25 & 26 V. c. 89), s. 81.

For like order to make a similar order of the Court of Session at Edinburgh an order of the Court, see Re Scottish Farmers' Co., M. R., 11 Dec. 1877, B. 2128.

5. Order of the High Court of Justice in Ireland made an Order of Court.

WHEREAS by an order dated &c., made in the High Court of Justice in Ireland, Chancery Division, It was ordered &c. Now upon motion &c., by counsel for A. B., Let the said order, dated &c., be made an order of this Court. And Let.-[Repeat the order].-Re Slaney Woollen Mills Co., Lim., Kay, J., 12 April, 1888, B. 866, P.

NOTES.

By the Cos. Act, 1862 (25 & 26 V. c. 89), s. 122, orders, interlocutors, and decrees made by the Court of Session in Scotland for or in the course of winding up a company, are to be enforced in England and Ireland, and orders made by the Court in Ireland for or in the course of winding up a company are to be enforced in England and Scotland by the Courts which would respectively have had jurisdiction in the matter of such company if its registered office were situate in that division of the United Kingdom where the order is to be enforced, and in the same manner as if such order had been made by the Court required to enforce the same in the case of a company within its own jurisdiction.