32. Notice of filing Replication.

IN CHANCERY.

A. v. B. and others.

I have this day filed a replication to the answers of all the defendants in this cause, (or "to the answer of the defendant E. F.," as the case may be).

Dated this

day of

No.

, Chancery Lane, Plaintiff's solicitor.

To Mr. I. K., defendant's solicitor or agent.

33. Notice of Executing a Commission for the Examination of Witnesses.

IN CHANCERY.

Between A. B. plaintiff,

and
C. D. defendant.

We whose names are hereunto subscribed, having received a commission issuing out of and under the seal of the High Court of Chancery, to us and others directed, for the examination of witnesses in this cause, do hereby give you notice, that we intend to execute the said commission on behalf of the plaintiff A. B., fendant C. D.," as the case may be], on

day of

(instant), at the hour of

the forenoon of the same day, at the house of in the parish of

situated at

county of

Dated this

day of

[or "de

the

To C. D., the above-named defendant.

34. Notice for Witnesses to attend Commissioners.

IN CHANCERY.

Between A. B. plaintiff,

and

C. D. defendant.

Whereas we have received a commission issuing out

of and under the seal of the High Court of Chancery, to us and others therein named directed, for the examination of witnesses in this cause. We therefore, by virtue of the said commission, require you and each of you, severally and personally, to be and appear before us, the said commissioners, or any two or more of us at the house of I. H., known by the name or sign of in the county of

on

situate at
the

the hour of

, day of , (instant), at in the forenoon of the same day, then and there to be examined as witnesses, and to testify the truth according to the best of your knowledge, for and on behalf of the said (plaintiff A. B.). And you are then and there to attend, and not depart until you have been examined on the part of the said (plaintiff A. B.). And herein you are not to fail. day of

Dated this

184

G. H.

I. K.

To J. R. and W. S.

35. Notice to Settle minutes of, or pass a decree or order. IN CHANCERY.

A. v. B. and others.

I shall attend the Registrar, Mr.—, to settle the minutes of (or "to pass") the decree (or "order") herein, on the day of instant (or “next), at

o'clock in the noon.

Dated this

Yours, &c.

day of 184.

C. D. (plaintiff's) solicitor,
No. , Chancery Lane.

To Mr. E. F., defendant's solicitor or agent.

36. Notice of an Injunction.

IN CHANCERY,

Between A. B. plaintiff

and

C. D. and others defendants.

Take notice that his Honor The Vice Chancellor of

of

England (or as the case may be) has this day of instant, upon the motion of Mr. counsel for the above-named plaintiff, granted an order for an Injunction, in this cause, restraining you, the above-named C. D. (your agents, servants, and workmen) from [here recite the Injunction as in the prayer of the bill.] And we do hereby give you further notice, that all due diligence will be used in drawing up the said order, and in issuing and serving the said Injunction upon you, and in the meantime you are hereby required to comply with the terms of the said order and Injunction. Dated this day of 184.

37. Rule to produce witnesses, or pass publication.

IN CHANCERY.

Between A. B. and others, plaintiffs,

and

C. D. defendant.

Enter a rule to produce witnesses [or "to pass publication."] Dated this

IN CHANCERY.

day of

184.

E. F., No. Chancery Lane,
Agent for G. H., Manchester.

38. Notice of entering Rule.

A. and others, v. B.

Take notice, that I have this day entered a rule to produce witnesses [or "to pass publication"] in this

cause.

Dated this
Yours, &c.

day of

184.

C. D., No., Chancery Lane,
Agent for E. F. Manchester.

To Mr. G. H., defendant's solicitor or agent.

ORDERS.

LORD LYNDHURST'S ORDERS of 3rd April, 1828, as altered by LORD BROUGHAM'S ORDERS of 23rd November, 1831.

1.—That every plaintiff, as well in a country cause as in a town cause, shall be at liberty, without affidavit, to obtain an order for a subpoena returnable immediately; but such subpœna in a country cause is to be without prejudice to the defendant's right to eight days' time to enter his appearance after he has been served with the subpœna.

2. That a writ of subpoena to appear, or to appear and answer, shall be sued out for each defendant, except in the case of husband and wife defendants; and that the costs of all such writs shall be costs in the cause.

3. That a defendant in a country cause shall no longer be permitted to crave the common dedimus; but shall either put in his answer within eight days after his appearance, or shall obtain the usual orders for time.

4. That in all cases, whether the defendant's answer be filed in term time or in vacation, the plaintiff shall be allowed two months to deliver exceptions to such answer; but if the exceptions be not delivered within the two months, the answer shall thenceforth be deemed sufficient, and the plaintiff shall have no order to deliver exceptions nunc pro tunc.

5. That when exceptions taken to an answer for insufficiency are not submitted to, the plaintiff may at the expiration of eight days after the exceptions are delivered, but not before, unless in injunction causes, refer such answer for insufficiency; and if he do not refer the same within the next six days, he shall be considered as having abandoned the exceptions; in which latter case such answer shall be thenceforth deemed sufficient.

6. That if the plaintiff do not, within three weeks after a defendant's second or third answer is filed, refer the same for insufficiency on the old exceptions, such answer shall thenceforth be deemed sufficient.

7. That if the plaintiff do refer a defendant's second or third answer for insufficiency on the old exceptions, then the particular exception or exceptions to which he requires a further answer shall be stated in the Order.

8.-That if upon a reference of exceptions the Master shall find the answer insufficient, he shall fix the time to be allowed for putting in a further answer, and shall specify the same in his report, from the date whereof such time shall run, and it shall not be necessary for the plaintiff to serve a subpœna for the defendant to make a better answer: And any defendant who shall not put in a further answer within the time so allowed, shall be in contempt, and be dealt with accordingly.

9. That if upon a reference of exceptions, the answer be certified sufficient, it shall be deemed to be so from the date of the Master's Report; and if the defendant submit to answer without a Report from the Master, the answer shall be deemed insufficient from the date of the submission.

10. That upon a third answer being reported insufficient, the defendant shall be examined upon interrogatories to the points reported insufficient, and shall stand committed until such defendant shall have perfectly answered such interrogatories; and shall pay, in addition to the four pounds costs heretofore paid, such further costs as the Court shall think fit to award.

11. That no Order shall be made for referring any pleading or other matter depending before the Court for scandal or impertinence, unless exceptions are taken in writing and signed by counsel, describing the particular passages which are considered to be scandalous or impertinent, nor unless such Order be obtained within six days after the delivery of such exceptions.

12. That when any Order is made for referring an answer for insufficiency, or for referring an answer or other pleading or matter depending before the Court for scandal or impertinence, the Order shall be considered as abandoned, unless the party obtaining the Order shall procure the Master's Report within a fortnight from the date of such Order, or unless the Master shall within the fortnight certify that a further time, to be stated in his certificate, is necessary, in order to enable him to make a satisfactory Report; in which case the Order shall be considered as abandoned if the Report be not obtained within the further time so stated; and where such Order relates to alleged insufficiency in an answer, such answer shall be deemed sufficient from the time when the Order is to be considered as abandoned.