Scandal and impertinence. But not by a record. and in ex-parte Simpson (q), Lord Eldon said that, with reference to the subject of scandal in proceedings, either in causes or in bankruptcy, he did not think that any application by any person was necessary; and that the Court ought to take care that, either in a suit or in a proceeding in bankruptcy, allegations bearing cruelly upon the moral character of individuals, and not relevant to the subject, should not be put upon the record. It has been held that any person, even a stranger to the stranger to the suit, may procure a reference of any record for scandal (r) ; but in an anonymous case (s) before the late Vice-Chancellor (Sir J. Leach), his Honor is reported to have said that no application can be made by a stranger to the record to refer a bill for scandal. "In order to decide upon the scandal, the Master must be attended with an office copy of the bill, but a stranger to the record has no right to take an office copy of the bill, and the order, if made, might be ineffectual. Besides, the party injured does not require the aid of this Court to remedy the injury done to him, he has his action at law; for if a bill in this Court is made the vehicle for a libel, the party libelled by the record may proceed at common law as on any other writing." His Honor further said "that he had conversed with the Lord Chancellor (Lord Eldon), and that he concurred in the opinion which he had expressed " (t). It seems, however, that a defendant may refer the answer of a co-defendant; and, although a stranger cannot refer a bill for impertinence, there is no doubt that a defendant, before he has been served with process, may appear gratis, and procure an order for such a reference (u). (q) 15 Ves. 476. (r) Vide Coffin v. Cooper, 6 Ves. 514. (s) 4 Mad. 252. (t) Coffin v. Cooper, 6 Ves. 514. (u) Fell v. Christi Coll, 2 Bro. C.C. 279. SECT. V. Of the Form of a Bill. HAVING thus endeavoured to point out the matter of which a bill in equity ought to consist, it remains to direct the reader's attention to the form which is generally considered requisite in every well drawn bill. Form of an original Bill. The form of an original bill commonly used, according to Usually consists the analysis of Lord Redesdale (a), consists of nine parts, of nine parts; some of which, however, are not essential, and may be used or not at the discretion of the person who prepares it (b). I. The first part consists of the address to the person or persons holding the Great Seal. II. The second part contains the names and addresses of the parties complainant. III. The third part contains a statement of the plaintiff's case, and is commonly called the stating part of the bill. IV. The fourth consists of a charge that the defendant unlawfully confederates with others to deprive the plaintiff of his right. V. The fifth part alleges that the defendants intend to set up a particular sort of defence, the reply to which the plaintiff anticipates, by alleging certain facts which will defeat such defence. This is usually termed the charging part, from the circumstance that the plaintiff's allegations are usually introduced by way of charge instead of state ment. VI. The sixth part contains a statement that the plaintiff has no remedy without the assistance of a court of equity, which is termed the averment of jurisdiction. VII. The seventh part is the interrogating part, in which the stating and charging part are converted into interrogatories for the purpose of eliciting from the defendant a circumstantial discovery upon oath of the truth or falsehood of the matters stated and charged. Form of an original Bill. but all are not sary. VIII. The eighth part contains a prayer for relief, adapted to the circumstances of the case. IX. The ninth part consists of a prayer that process may issue, requiring the defendant to appear and answer the bill, to which sometimes is added a prayer for a provisional writ, such as an injunction or a ne exeat regno, for the purpose of restraining some proceedings on the part of the defendant, or of preventing his going out of the jurisdiction till he has answered the bill (c). These several component parts of a bill will form the subequally neces- ject of the present section. It is to be observed, however, that in drawing bills, some of them are frequently omitted, and that others are not absolutely necessary. Thus the fourth, or that part accusing the defendant of unlawful confederacy, is sometimes left out, in amicable suits especially, and in bills against peers of the realm, the insertion of such a charge is considered highly improper. The fifth, or charging part of the bill, is also frequently omitted; and the sixth, or averment that the complainant has no remedy without the assistance of the Court; and the seventh, or interrogating part, are not absolutely necessary (d). Address of the When seals are in the King's hand; when the Lord 1. Address of the Bill. Every bill must be addressed to the person or persons who have the actual custody of the Great Seal at the time of its being filed; unless the seals are in the King's own hand, in which case the bill must be addressed "To the King's Most Excellent Majesty in his High Court of Chancery" (e). If the Chancellor or Lord Keeper himself be the suitor, he Chancellor him- must in like manner direct his bill to the King (ƒ), but all self is the suitor. (c) Bills on the equity side of the Exchequer used formerly to have a tenth part, in which a clause was introduced, by which the plaintiff stated himself to be a debtor and accountable to His Majesty, for the purpose of giving jurisdiction to the Court, which was only open to the King's debtors, who were allowed to sue there upon the allegation that unless they received justice from the defendant they would be less able to satisfy the debt which they owed to (d) Cowp. Eq. Pl. 10. L. Jud. in Jud. Auth. other persons must direct their bills to the Lord Chancellor, Address of the &c., not to mention the Master of the Rolls himself (g). Upon every change in the custody of the Great Seal, or alteration in the style of the person holding it, notice of the form in which bills are to be addressed is generally put up in the Six Clerks' Office. 2. Names and Addresses of the Plaintiffs. It is not only necessary that the names of the several complainants in a bill should be correctly stated, but the description and place of abode of each plaintiff must be set out, in order that the Court and the defendants may know where to resort to compel obedience to any order or process of the Court, and particularly for the payment of any costs which may be awarded against the plaintiffs, or to punish any improper conduct in the course of the suit (h). Bill. Names, &c. of Must be cor rectly stated; with their description, places of abode, &c. Omission of abode, &c. may be taken ad demurrer. It seems that a demurrer will lie to a bill which does not state the place of the abode of the plaintiff (i), and that if the bill describes the plaintiff as residing at a wrong place, the vantage of by fact may be taken advantage of by plea (k), though a defendant cannot put in such a plea, after a demurrer upon the same ground, has been overruled, without leave of the Court (1). The modern practice, however, in such cases is, not to demur or plead to the bill, but to move that the plaintiff may give security for costs, and that in the meantime proceedings in the suit may be stayed. This appears to have been for some time the practice in the Court of Exchequer (m), and has recently been acted upon in the Court of Chancery by Sir L. M. R. 182. Lord Red. 7. In 1 Prax. Alm. 561, is a precedent of a bill by Lord Chancellor Jefferies, addressed to the King's Most Excellent Majesty, and praying his Majesty to grant the usual process of Subpana; and in vol. 2 of the same book, 453, is to be found an answer to the same bill. The final decree in such cases is "By the King's Most Excellent Majesty in his High Court of Chancery," and is signed by him. Leg. Jur. in Ch. 256. (g) Vile Leg. Jud. in Ch. 44, -or by plea. Or by motion may give secuthat plaintiff rity for costs. + Plaintiffs. Names, &c. of Shadwell, V. C., in Sandys v. Long, which case has subsequently received the sanction of Lord Lyndhurst upon appeal (n). Query as to proceedings where more than one plaintiff. Amount of secu rity. Executor or ad not so describe himself. It is to be observed that in the case above referred to there was only one plaintiff, and it does not appear that there is any decision upon the point, where there have been several plaintiffs. It is presumed, however, from analogy to the practice where there are several plaintiffs, one only of whom is resident abroad (0), that the Court would not in such case require the plaintiff, who is not properly described, to give security and it is to be noticed, that where a bill is filed on behalf of infants, it is not necessary or usual to describe the infant plaintiff by his place of abode, because an infant is not responsible either for costs or for the conduct of the suit; the description and place of abode of the prochein amy must however be set out. The order which has been before referred to (p), by which the penal sum in the bond to be given by the plaintiff by way of security for costs is increased from 40l. to 1007., only speaks of cases where the plaintiff is out of the jurisdiction (9). It has, however, been decided, that it applies to the case now under consideration, and to all other cases where security for costs is required (r). Where a plaintiff sues as executor or administrator, it is ministrator need not necessary so to describe himself in this part of the bill, though, as we have seen before, it is necessary that it should appear in the stating part that he has proved the will or obtained administration (as the case may be), in the proper court (s). Bill by one on and others. It is to be noticed here that, where a plaintiff sues on behalf behalf of himself of himself and of others of a similar class, it should be so stated in this part of the bill, and that the omission of such a statement will in many cases render a bill liable to objection for want of parties (t), and in other cases will deprive the (n) 2 M. & K. 487. Vide etiam Bailey v. Gundry, 1. Keene, 53. (0) Vide ante, 34. (p) Ante, 38. (2) Ord. xl., 2 Russ. App. 16. (s) Ante, p. 416. (t) Ante, Parties, s. 1. |