April 22, 1850. 11. Form of Order for an Account of Partnership Dealings and Transactions on Claim of Persons entitled to the Account. In Chancery. [Lord Chancellor], [Vice-Chancellor of England, or Vice-Chancellor, naming him], or, [Master of the Rolls]. [Date.] Between A. B., Plaintiff. Defendant. day of Upon motion, &c. [as in Form No. 1] this court doth order, that it be referred to the master of this court in rotation to take an account of the partnership dealings and transactions between the plaintiff and the defendant from the : And it is ordered, that what upon taking the said account shall be found due from either of the said parties to the other of them be paid by the party from whom to the party to whom the same shall be found due; [and this court doth reserve the consideration of all further directions, and of the costs of this suit, until after the said master shall have made his report.] 12. Form of an Order on Claim by a Person claiming to use the Name of his Trustee. In Chancery. [Lord Chancellor], [Vice-Chancellor of England, or Vice-Chancellor, naming him], or, [Master of the Rolls]. [Date.] Between A. B., Plaintiff. C. D., Defendant. Upon motion, &c. [as in Form No. 1] this court doth order, that the plaintiff be at liberty to use the 1850. name of the defendant in prosecuting the action at April 22, law in the plaintiff's claim mentioned, on indemnifying the defendant against the costs of such action: And it is ordered, that if be referred to the master of this court in rotation to settle the indemnity to be given by the plaintiff to the defendant, in case the parties differ about the same. 13. Form of Order on Claim for the Appointment of new Trustees. In Chancery. [Lord Chancellor], [Vice-Chancellor of England, or Vice-Chan- 66 Upon motion, &c. [as in Form No. 1] this court doth order, that it be referred to the master of this court in rotation to appoint proper persons to be new trustees under the indenture [or "will" or instrument] in the plaintiff's claim mentioned, in the place of [or "to act in conjunction with"] the defendant: And it is ordered, that the defendant do convey ["assign" or "transfer"] the trust fund or property [referring to it] to such new trustees [or so as to vest the same in such new trustees jointly with himself], upon the trusts of the said indenture [or "will" or other documents], or such of them as are now subsisting and capable of taking effect, and they are to declare the trust thereof accordingly, such conveyance [or 'assignment"] to be settled To be omitby the said master, in case the parties differ about case of inthe same: And it is ordered, that the defendant do fants or deliver over to such new trustees all deeds and To be omitwritings in his custody or power relating to the said ted where the trust property. 66 ted in the charities. defendant is continued a trustee. NEW ORDERS IN THE COURT OF CHAN- July 27, Master of Reports and Entries countersigning Cheques of the Accountant-General. 1852. I, the Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, do hereby, in pursuance of an act of parliament passed in the sixteenth year of the reign of her present majesty, intituled "An Act for the Relief of the Suitors of the High Court of Chancery," and in pursuance of all other powers enabling me in that behalf, order and direct(a): That the copies or extracts made in or issuing from the office of the master of reports and entries, and certificates of no cause shown, shall be signed by him alone, save that when he shall be prevented from signing the same by absence or some unavoidable or reasonable ground, the same shall be signed by the registrar who shall be employed in countersigning as next herein-after mentioned : That until further order, the duty of countersigning the notes or cheques drawn by the accountant-general of the said court upon the Bank of England shall be discharged as nearly as conveniently may be during three days in each week by the master of reports and entries, and during the other three days in each week by some one of the registrars, in such order and rotation as shall be agreed upon by and between the registrars and the master of reports and entries, or the majority of them: provided that such notes or cheques shall be equally valid and available to all intents and purposes, whether signed by the master of reports or by any one of the registrars. (Signed) ST. LEONARDS, C. (a) See 15 & 16 Vict. c. 87, s. 34, ante, p. 97. New Orders in the Court of Chancery. Payments to Surviving Representative. 28th THE Right Honourable Edward Burtenshaw, Lord That in any case in which the accountant-general shall have been directed to pay to parties to be named in the master's report and the master shall have reported a sum as due to any persons as personal representatives, the accountant-general shall be at liberty to pay to the survivors or survivor of them. 201 July 28, 1852. (Signed) ST. LEONARDS, C. JURISDICTION OF EQUITY. 1852. General Orders of Court, 7th day of August, August 7, 1852, made in pursuance of the Act 15 & 16 Vict. c. 86, ante, pp. 1–57. 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 Lord Justice Sir James Lewis Knight Bruce, the Right Honourable the Lord Justice Lord Cranworth, the Right Honourable the Vice-Chancellor Sir George James Turner, the Honourable the Vice-Chancellor Sir Richard Torin Kindersley, and the Honourable the Vice-Chancellor Sir James Parker, doth hereby, in pursuance of an act of parliament passed in the fifteenth and sixteenth years of her present majesty intituled, “An Act to amend the Practice and Course of Proceeding in the High Court of Chancery," and in pursuance and execution of all other powers enabling him in that behalf, order and direct: That all and every the orders, rules and direc 1852. August 7, tions 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., Printing. I. Bills and claims are to be printed on writing royal paper, quarto, in pica type, leaded; and the copy to be filed is to be interleaved with the same description (a). (a) See 15 & 16 Vict. c. 86, s. 1, unte, p. 1. paper of II. No costs are to be allowed, either as between party and party, or as between solicitor and client, for any written bill or written copy of a bill, filed under the 15 & 16 Vict. c. 86, s. 6, or for any written copy thereof, served upon any defendant thereto, or for any written brief of such bill, unless the court shall, in disposing of the costs of the cause, direct the allowance thereof (b). (b) Ante, p. 7. III. The clerks of record and writs shall, at the expiration of fourteen days from the filing of any written bill or written copy of a bill, take off the files of the court, without further order, the bill or copy so filed, unless a printed copy thereof shall in the mean time have been filed, and the plaintiff in the suit, or his solicitor, who shall personally have undertaken to file such printed copy, shall pay to the defendant all the costs incurred by him in the suit, such costs to be taxed by the taxing master, without further order, upon production to him of the certificate of the clerk of records and writs, that a printed copy of the bill has not been filed pursuant to such undertaking, and to be recoverable in like manner as costs ordered to be paid by a party in a suit to another party in a suit are now recoverable (c). (c) Ante, p. 7. IV. In lieu of the fees now payable to solicitors for instructions for bills for engrossing bills and claims, for copies of bills and claims, for abbre |
