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In the Examiner's Office

In the Record and Writ Clerks' Office
In the Taxing Masters' Office

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22199

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ib.

In the Lord Chancellor's principal Secre-
tary's Office

In the office of the Secretary at the Rolls.

SECOND SCHEDULE to Order, 25th October, 1852.
Fees to be taken in the office of the Account-
ant-General

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22199

221qq*

ADDENDUM.

Page 3. In 12th line from top, refer to 45th Order, 7th August,

1852, ante, p. 211.

1852.

IV. That where a caveat is entered with the August 7, officer to stay the signing of the docket of proper the enrolment of any decree, order, or dismission, such caveat shall be prosecuted with effect within twenty-eight days after the docket of such decree, order, or dismission shall be left to be signed with the proper officer by the party who entered the same, otherwise such caveat shall be of no force; and the docket of such decree, order, or dismission may immediately after the expiration of the said twenty-eight days be presented to be signed, as if no such caveat had been entered.

V. That no enrolment of any decree, order, or dismission shall be allowed after the expiration of five years from the date thereof.

VI. That the Lord Chancellor, either sitting alone, or with the Lords Justices, or either of them, shall be at liberty, where it shall appear to him under the peculiar circumstances of the case to be just and expedient, to enlarge the periods hereinbefore appointed for a rehearing, or an appeal, or for an enrolment.

VII.

That these Orders shall take effect on and from the twenty-eighth day of October next. (Signed) ST. LEONARDS, C.

JOHN ROMILLY, M.R.

J. L. KNIGHT BRUCE, L. J.
CRANWORTH, L. J.

G. J. Turner, V. C.

RICHARD T. KINDERSLEY, V. C.
JAMES PARKER, V. C.

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October 16, 1852.

MASTER IN CHANCERY ABOLITION.

General Orders of Court, 16th day of October, 1852, made in pursuance of Act 15 & 16 Vict. c. 80 (a).

THE Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Sir John Romilly, Master of the Rolls, the Right Honourable the Vice-Chancellor Sir George James Turner, and the Honourable the Vice-Chancellor Sir Richard Torin Kindersley, doth hereby, in pursuance of an Act of Parliament passed 15 & 16 Vict. in the fifteenth and sixteenth years 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 in pursuance and execution of all other powers enabling him in that behalf, order and direct: :

c. 80.

That all and every the orders, rules, and directions hereinafter set forth shall henceforth be, and for all purposes be deemed and taken to be, General Orders and Rules of the High Court of Chancery, viz.

Summons.

I. The summons for the purpose of proceedings before the Master of the Rolls and Vice-Chancellors respectively at chambers, whether originating in chambers or not, may be in a form similar to the form set forth in Schedule (A) to these Orders, with such variations as the circumstances of the case may require.

II. The summons to be issued under section 30 (b) of the Act of fifteenth and sixteenth Victoria, cap. 80, may be in a form similar to the form set forth in Schedule (B) to these Orders, with such variations as the circumstances of the case may require.

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III. A seal is forthwith to be provided for the chambers of the Master of the Rolls and each of the Vice-Chancellors, and summonses are to be prepared by the parties, and sealed by one of the clerks, at the chambers of the judge from whose chambers they are issued, and a copy of such summons is to be left at the judge's chambers by the party obtaining such summons.

IV. In cases of applications under 15 & 16 Vict. c. 86, s. 45 (c), applications for guardianship and maintenance of infants (d), originating in chambers, and of all other applications originating in chambers, a duplicate of the summons is to be filed in the Record and Writ Office, and in cases where service is required, the copies served are to be stamped in the manner provided by sect. 46(e) of the Act of fifteenth and sixteenth Victoria, cap. 86.

(c) Ante, pp. 43, 44.

(d) 15 & 16 Vict. c. 80, s. 26, ante, p. 67. (e) Ante, p. 44.

V. In cases where proceedings originate in chambers, the original summons is to be served seven clear days before the return thereof. All other summonses, not being summonses referred to in Order 2, are to be served two clear days before the return thereof.

VI. In cases where proceedings originate in chambers, and where from any cause the summons may not have been served upon any party seven clear days before the return thereof, an endorsement may be made upon the summons, and upon a copy thereof stamped for service, appointing a new time for the parties not before served to attend at the chambers of the judge, and such endorsements are to be sealed at the judge's chambers, and the service of the copy so endorsed and sealed, is to have the same force and effect as the service of an original summons; and where any party has been served before such endorsement, the hearing thereof may upon the return of the summons be adjourned to the new time so appointed.

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October 16, 1852.

Appearances.

VII. In all cases where proceedings originate in chambers, the parties served are before they are heard in chambers to enter appearances in the Record and Writ Office, and give notice thereof.

Orders and Directions, applicable to all cases, whether originating in Chambers or not.

VIII. In all cases in which by any order any accounts are directed to be taken, or inquiries to be made, each direction shall be numbered, so that as far as may be each distinct account and inquiry may be designated by a number, and such order may be in the form set forth in Schedule (C) to these Orders, with such variations as the circumstances of the case may require.

IX. Where an order is made directing an account of debts, claims, or liabilities, or an inquiry for next of kin or other unascertained persons, unless otherwise ordered, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement, are to be excluded from the benefit of the order.

X. Where an order is made directing an account of the debts of a deceased person, unless otherwise ordered, interest is to be computed on such debts, as to such of them as carry interest, after the rate they respectively carry, and as to all others after the rate of four per cent. per annum, from the date of the order.

XI. Where an order is made directing an account of legacies, unless otherwise ordered, interest is to be computed on such legacies after the rate of four per cent. per annum, from the end of one year after the deceased's death, unless any other time of payment or rate of interest is directed by the will, and in that case according to the will.

XII. Where an order is made directing any property to be sold, unless otherwise ordered, the same is to be sold with the approbation of the judge to whose Court the cause or matter is attached, to the

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