The Statutes, Rules of Court, and General Orders Relating to the Practice and Jurisdiction of the Chancery Division of the High Court of Justice and the Court of Appeal: With Copious Notes, Being the Sixth Edition of Morgan's Chancery Acts and Orders, Thoroughly Revised and Considerably Enlarged

Front Cover
Stevens and Sons, 1885 - 755 pages

From inside the book

Contents

TRUSTEE EXTENSION ACT 1852
90
INFANTS SETTLEMENT ACT
96
LAW OF PROPERTY FURTHER AMENDMENT ACT 1860
104
CONVEYANCING ACT 1882
127
SETTLED LAND ACT 1882
139
SETTLED LAND ACT RULES 1882
157
SETTLED LAND ACT 1884
165
JUDGMENT Aст 1864
177
PARTITION Aст 1876
184
MARRIED WOMENS PROPERTY ACT 1882
192
PETITION OF RIGHT ACT 1860
201
CHANCERY FUNDS AMENDED ORDERS 1874
211
SUPREME COURT FUNDS RULES 1884
215
Preparation of Orders in the Chancery Division and in Lunacy to be acted on by the Paymaster and particulars relating thereto
217
When a separate account is opened
218
Schedule to state when sums are to be ascertained by cer tificate c
219
When interest to be ascertained by affidavit
220
Payment transfer or delivery to trustees c
221
Paymaster to act on copy of Schedules
222
Manner of lodgment of funds in Chancery Division and particulars to be stated in request Lodgment in Court in actions for debt or damages
223
Lodgments under Orders XXII and XXXI of the Rules of the Supreme Court 1883 to be distinguished in Pay Office books
224
Certificate of lodgment to be filed
225
Credit to which proceeds of securities and dividends are to be placed
226
In other cases funds to be dealt with only in pursuance of an Order
227
Paymaster to prepare directions giving effect to Orders upon receipt of the necessary authority and information
228
Payments to official persons to be made by transfer
229
When such dividends have been invested
230
Payments c to representatives of deceased persons
231
Within what time probate or letters of administration must have been granted
232
Investments
233
Calculation of Residues Evidence of Life
238
Appendix No 3
245
JUDICATURE ACT 1873
293
Renewal of Writ Rules 1 to 3 315316
315
Service of Writ 1 Mode Rules 1 to 2
316
Particular Defendants Rules 3 to 5 317318
317
Partners c Rules 6 to 8 318319
318
Particular Actions Rule 9
319
Substituted Service Rule 1
320
Appearance Rules 1 to 30 322326
322
Default of Appearance Rules 1 to 14 326330
326
Summary Judgment Rules 1 to 6 330332
330
Application for Account Rules 1 to 2
332
Parties 1 Generally Rules 1 to 13 333337
333
Partners Rules 14 to 15 337338
337
Persons under Disability Rules 16 to 21 338340
338
Paupers Rules 22 to 31 340341
340
Administrations c Rules 32 to 47 342347
342
Third Parties Rules 48 to 55 347350
347
Change of Parties by Death Rules 1 to 10 350353
350
Joinder of Causes of Action Rules 1 to 9 353354
353
Pleading Generally Rules 1 to 27 354360
354
Statement of Claim Rules 1 to 8 361362
361
Defence and Counterclaim Rules 1 to 21 362365
362
Payment into Court Rules 1 to 18 365368
365
Reply Rules 1 to 6 369370
369
Matters arising pending the Action Rules 1 to 3 370371
370
Proceedings in lieu of Demurrer Rules 1 to 5 371372
371
Discontinuance Rules 1 to 4 373374
373
Default of Pleading Rules 1 to 15 374377
374
Amendment Rules 1 to 13 377381
377
Summons for Directions Rules 1 to 3
381
Admissions Rules 1 to 9 394396
394
Issues Inquiries and Accounts Rules 1 to 9 397400
397
1 Special Case Rules 1 to 8 400403
400
Issues of Fact Rules 9 to 12 405406
405
District Registries Rules 1 to 24 406410
406
Trial 1 Place Rules 1 to 1a 410411
410
Mode of Trial Rules 3 to 10 411413
411
Notice and Entry Rules 11 to 21 413415
413
Entry in District Registries Rules 22a to 28 415416
415
London and Middlesex Rule 29
417
Assessors c Rules 43 to 55 419421
419
Writ of Inquiry Rules 56 to 58 421422
421
Evidence 1 Generally Rules 1 to 4 422423
422
Examination of Witnesses Rules 5 to 25 423428
423
Subpoena Rules 26 to 34 428429
428
Perpetuating Testimony Rules 35 to 38 429430
429
Examiners of the Court Rules 39 to 50 430432
430
Affidavits 1 Affidavits Rules 1 to 19 433438
433
Chambers Rules 20 to 24 438439
438
Trial Rules 25 to 30 439441
439
Motion for New Trial Rules 1 to 8 441442
441
Motion for Judgment Rules 1 to 10 442444
442
Entry of Judgment Rules 1 to 10 444446
444
APPENDICES TO RULES OF SUPREME COURTcontinued APPENDIX
445
Execution Rules 1 to 31 446452
446
Discovery in aid Rules 32 to 34 452453
452
Writs of Fi Fa c Rules 1 to 7 453454
453
Attachments Rules 1 to 2
455
Charging Stock Rules 1 to 13 458462
458
Writ of Possession Rules 1 to 3 462463
462
Writ of Delivery Rules 1 to 2
463
Administrations and Trusts Rules 3 to 14 488491
488
Powers and Duties of Chief Clerks Rules 15
492
Assistance of Experts Rule 19
493
Summonses in Chambers Rules 20 to 24 494495
494
Proceedings relating to Infants Rules 25 to 27 495496
495
Documents to be left at Chambers Rules 28
496
Summons Book Rules 38 to 39
498
Advertisements for Creditors and Claimants Rules 44 to 61 499503
499
Interest Rules 62 to 64 503504
503
Certificates of the Chief Clerk Rules 65 to 71 504506
504
Further consideration Rule 72
506
Registering and drawing up of Orders in Chambers Rules 73 to 75
507
Appeals Rules 1 to 19 509518
509
Officers Rules 1 to 4
519
Chancery Registrars Rules 1 to 18 531534
531
Vacations Rules 1 to 16 534537
534
Time Rules 1 to 14 537539
537
Costs 1 Costs Rules 1 to 26 539547
539
Interpretation Rules 1 to 2
567
Specially indorsed Writ from District Registry for Service out of
573
Indorsements for Costs
578
APPENDIX В Notices c
579
Notice of Payment into Court
580
Affidavit as to Documents
581
Notice to admit Documents
582
Notice to admit Facts
583
Issue
584
Notice of Discontinuance
585
Notice as to Stock under Ord XLVI
586
Affidavit in support of Garnishee Order
587
APPENDIX C
588
Actions included in Ord III r 6 classes A B C D E and F 592593
592
SECTION V
600
Forms of Judgment PAGE 1 Default of appearance and defence in case of liquidated demand
604
Judgment after appearance and order under Ord XIV r 1
605
Judgment after trial of questions of account by referee
606
Judgment on certificate of registrar of County Court
607
Judgment where no judgment entered at trial by jury
608
Elegit
609
Writ of possession
610
Certiorari
611
Commission to examine witnesses
612
Entry of action for trial
613
M
614
Fieri facias on order for costs
615
Venditioni exponas
616
Fieri facias to the archbishop de bonis ecclesiasticis during the vacancy of a bishops see
617
Delivery
618
Sequestration
619
APPENDIX J Forms of Subpœna
620
Subpœna duces tecum at assizes
621
Certiorari to County Court
622
Commission to examine witnesses 623624
623
Summons general form
625
Order for time
626
Order under Ord XIV No 4
627
Order to discharge or vary on application by third party
628
Order for service out of jurisdiction
629
Order of reference
630
Order charging stocknisi
631
Order for arrest capias under Debtors Act
632
Order of reference to master
633
37A Order for issue of letter of request
635
Garnishee order attaching debt
636
Order on solicitors application to tax bill of costs
637
Order to try action in County Court
638
Order for payment of judgment debt by instalments
639
Interpleader Order No 1
640
Interpleader Order No 4
641
Interpleader Order No 7
642
Summons by chief clerk
643
Notice to creditor to produce documents
644
Notice to creditor of allowance of claim
645
Notice to creditor to prove his claim
646
Affidavit verifying accounts and answering usual inquiries as to real 647648
647
Account of personal estate being Account A referred to in Form No 11
649
Account of rents and profits being the Account B referred to in No 11
650
Receivers account 651652
651
Ordinary conditions of sale
653
Affidavit of result of sale
654
List of debts allowed
655
List of annuities and arrears due
656
Affidavit verifying receivers report
657
Affidavit verifying abstract
658
Request to set down cause for further consideration
659
to 18 660661
660
APPENDIX N Costs 662668
662
Repeals
668
ORDER AS TO FEES AND PERCENTAGES TO BE TAKEN BY STAMPS 669677
669
ORDER AS TO SUPREME COURT FEES 1884 678685
678
ORDER AS TO SUPREME COURT FEES OCTOBER 1884
686
GENERAL INDEX 687723
687
RULES OF THE SUPREME COURT 1883 AND 1884
719

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Popular passages

Page 111 - This section applies only if, and as far as, a contrary intention is not expressed in the mortgage deeds or one of them. (3) This section applies only where the mortgages or one of them are or is made after the commencement of this Act.
Page 440 - A new trial shall not be granted on Ше ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Page 135 - Act of Parliament, or other instrument or any number of instruments, whether made or passed before or after, or partly before and partly after the commencement of this Act...
Page 109 - Or otherwise unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case requiring the lessee to make compensation in money for the breach...
Page 256 - Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.
Page 189 - ... any wages, earnings, money, and property gained or acquired by her in any employment, trade, or occupation, in which she is engaged, or which she carries on separately from her husband, or by the exercise of any literary, artistic, or scientific skill.
Page 125 - In the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel, as such, or of his solicitor, or other agent...
Page 109 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the court for relief...
Page 328 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 255 - Provided always, that if the debtor, trustee, or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if he think fit, pay the same into the High Court of Justice under and...

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