GENERAL OF THE ORDER HIGH COURT OF As to the Mode of Proceeding for the Proof of Debts. Saturday, the 27th day of May, 1865. The Right Honourable RICHARD BARON WESTBURY, Lord High Chancellor of Great Britain, with the advice and consent of the Right Honourable SIR JOHN ROMILLY, Master of the Rolls, the Honourable the Vice Chancellor, SIR RICHARD TORIN KINDERSLEY, the Honourable the Vice Chancellor, SIR JOHN STUART, and the Honourable the Vice Chancellor, SIR WILLIAM PAGE WOOD, Doth hereby, in pursuance and execution of the powers given by the Statutes 13 & 14 Vict. c. 35. and 15 & 16 Vict. c. 80, and of all other powers and authorities enabling him in that behalf, Order and direct in manner following: RULE 1. Every advertisement for creditors affecting the estate of a deceased person, which shall be issued pursuant to any Decree or Order, shall direct every creditor, by a time to be thereby limited, to send to the executor or administrator of the deceased, or to such other party as the Judge shall direct, or to his solicitor, to be named and described in such advertisement, the name and address of such creditor, and the full particulars of his claim, and a statement of his account, and the nature of the security (if any) held by him; and such NEW SERIES, 34.-CHANC. advertisement shall be in the form numbered 1. in the second Schedule hereto, with such variations as the circumstances of the case may require; and at the time of directing such advertisement a time shall be fixed for adjudicating on the claims. RULE 2. No creditor need make any affidavit nor attend in support of his claim (except to produce his security), unless he is served with a notice requiring him to do so, as hereinafter provided. A RULE 3. Every creditor shall produce the security (if any) held by him, before the Judge, at such time as shall be specified in the advertisement for that purpose, being the time appointed for adjudicating on the claims; and every creditor shall, if required by notice in writing, to be given by the executor or administrator of the deceased, or by such other party as the Judge shall direct, produce all other deeds and documents necessary to substantiate his claim before the Judge, at his chambers, at such time as shall be specified in such notice. RULE 4. In case any creditor shall neglect or refuse to comply with the preceding Rule numbered 3, he shall not be allowed any costs of proving his claim, unless the Judge shall otherwise direct. RULE 5. The executor or administrator of the deceased, or such other party as the Judge shall direct, shall examine the claims sent in pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased is justly liable; and he shall, at least seven clear days prior to the time appointed for adjudication, file an affidavit, to be made by such executor or administrator, or one of the executors or administrators, or such other party, either alone or jointly with his solicitor, or other competent person, or otherwise as the Judge shall direct, verifying a list of the claims the particulars of which have been sent in pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased is, in the opinion of the deponent, justly liable, and his belief that such claims, or parts thereof respectively, are justly due and proper to be allowed, and the reasons for such belief. RULE 6. In case the Judge shall think fit so to direct, the making of the affidavit referred to in the preceding Rule numbered 5, shall be postponed till after the day appointed for adjudication, and shall then be subject to such directions as the Judge may give. RULE 7. At the time appointed for adjudicating upon the claims, or at any adjournment thereof, the Judge may, in his discretion, allow any of the claims, or any part thereof respectively, without proof by the creditors, and direct such investigation of all or any of the claims not allowed, and require such further particulars, information, or evidence, relating thereto, as he may think fit, and may, if he so think fit, require any creditor to attend and prove his claim, or any part thereof; and the adjudication on such claims as are not then allowed shall be adjourned to a time to be then fixed. RULE 8. Notice shall be given by the executor or administrator, or such other party as the Judge shall direct, to every creditor whose claim, or any part thereof, has been allowed without proof by the creditor, of such allowance, and to every such creditor as the Judge shall direct, to attend and prove his claim, or such part thereof as is not allowed, by a time to be named in such notice, not being less than seven days after such notice, and to attend at a time to be therein named, being the time to which the adjudication thereon shall have been adjourned; and in case any creditor shall not comply with such notice, his claim, or such part thereof as aforesaid, shall be disallowed. RULE 9. Any creditor who has not before sent in the particulars of his claim pursuant to the advertisement, may do so four clear days previous to any day to which the adjudication is adjourned. RULE 10. After the time fixed by the advertisement, no claim shall be received (except as before provided in case of an adjournment), unless the Judge shall think fit to give special leave upon application made by summons, and then upon such terms and conditions as to costs and otherwise as the Judge shall direct. RULE 11. The Rules numbered 37, 38, 41, 42. and 43, of the 35th Consolidated General Order are hereby abrogated, in so far only as the same relate to creditors. RULE 12. Where any Decree or Order is made for payments by the Accountant General to cre THE FIRST SCHEDULE. FEES AND CHARGES TO BE ALLOWED TO SOLICITORS. For every Notice which may be sent by the post, including the sending ... For attendances on the Accountant General to bespeak all Cheques for sums payable to Creditors under any Decree or Order ... For all other attendances on the Accountant General and Registrar to produce papers necessary to enable all Creditors to receive their Cheques under any Decree or Order, and get them passed ... And if the number of such Cheques exceeds two, for every additional number not exceeding two ... Except that the last-mentioned fees shall not in any case (unless the Taxing Master shall in his discretion think fit, under special circumstances, to allow a larger amount) exceed... ... ... ... ... 3 3 0 5 50 For all other business, the same fees and allowances as are authorized by the 2nd Rule of the 38th of the Consolidated General Orders, and the Regulations as to Solicitors' fees subjoined thereto, and by the practice of the Court, for business of a similar nature, except the special fees applicable to Creditors coming in under the Rules of the 35th of the Consolidated General Orders which are abrogated by this Order. THE SECOND SCHEDULE. FORMS. No. 1.-Advertisement for Creditors. [Rule 1.] in the the Pursuant to a Decree [or, an Order] of the High Court of Chancery, made in [the Matter of the estate of A. B, and in] a Cause, S. against P, the Creditors of A. B, late of county of who died in or about the month of 18 , are, on or before the day of 18 to send, by post, prepaid, to E. F, of Solicitor of the Defendant C. D., the Executor [or, Administrator] of the deceased [or as may be directed], their Christian and Surnames, addresses and descriptions, the full particulars of their claims, a statement of their accounts, and the nature of the Securities (if any) held by them; or, in default thereof, they will be peremptorily excluded from the benefit of the said Decree [or, Order]. Every Creditor holding any Security is to produce the same before the Master of the Rolls [or Vice Chancellor 1, at his Chambers, situated at, &c., on the day of 18, o'clock in the noon, being the time appointed for adjudicating on the Claims. Dated this 18 . at day of G. H., Chief Clerk. No. 2.-Notice to Creditor to produce Documents. [Rule 3.] (Short Title.) day You are hereby required to produce, in support of the claim sent in by you against the estate of A.B., deceased [describe any Probate, Administration, deed or document required], before the Master of the Rolls [or, Vice Chancellor ], at his Chambers, situate at, &c., on the o'clock in the 18 . G. R., of &c., Solicitor for the Plaintiff [or, Defendant, or as may be]. To Mr. S. T. In Chancery. No. 3.-Affidavit of Executor or Administrator as to Claims. [Rule 5.] (Title.) We, C. D., of &c., the above-named Plaintiff [or, Defendant, or as may be], the Executor [or Administrator], of A. B., late of in the County of deceased, and E. F., of &c., Solicitor, severally make oath and say as follows: I, the said E. F., for myself say as follows: 1. I have in the paper writing now produced and shewn to me, and marked A, set forth a list of all the claims the particulars of which have been sent in to me by persons claiming to be Creditors of the said A. B., deceased, pursuant to the Advertisement issued in that behalf, dated the day of 18 " |