1852. August 7, does claim to have a charge upon the farm and premises comprised in the indenture of mortgage of the 1st of May, one thousand eight hundred and fifty, in the plaintiff's bill mentioned. 2. Such charge was created by an indenture dated the 1st of November, one thousand eight hundred and fifty, made between myself of the one part, i and the said defendant Henry Jones of the other part, whereby I granted and conveyed the said farm and premises, subject to the mortgage made by the said indenture of the 1st of May, one thousand eight hundred and fifty, unto the defendant Henry Jones, for securing the sum of two thousand pounds and interest at the rate of five pounds per centum per annum, and the amount due thereon is the said sum of two thousand pounds, with interest thereon, from the date of such mortgage. 3. To the best of my knowledge, remembrance, and belief there is not any other mortgage, charge or incumbrance affecting the aforesaid premises. M. N. (name of counsel.) In the matter of the estate of John Thomas, late of the parish of A., in the county of B., deceased. Joseph Wilson William Jackson. Upon the application of Joseph Wilson, of Russell Square, in the county of Middlesex, Esq., who claims (t) See 15 & 16 Vict. c. 86, s. 45, unte, pp. 43, 44. 1852. to be a creditor upon the estate of the above-named August 7, John Thomas, let William Jackson, the executor of the said John Thomas, attend at my chambers [in the Rolls Yard, Chancery Lane, Middlesex, or "at No. Square, Lincoln's Inn, Middlesex"] · of the clock in the afternoon, and show cause, if he can, why an order for the administration of the personal estate of the said John Thomas, by the High Court of Chancery, should not be granted. on the day of Dated the at day of 1852. JOHN ROMILLY, Master of the Rolls, or, NOTE. If the above-named William Jackson does not attend either in person or by his solicitor, at the time and place above mentioned, such order will be made in his absence as the judge may think just and expedient. This summons was taken out by A. and B. of son. August 7, 1852. GENERAL ORDERS.. The 7th day of August, 1852, as to the Enrolment of Decrees, &c. THE Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, by and with the advice and assistance of the (same judges as before, ante, p. 201), doth hereby, in pursuance and execution of all powers enabling him in that behalf, order and direct: 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.: I. That no appeal from any decree, order or dismission, or any re-hearing of the case on which such decree, order or dismission is founded, shall be allowed, unless the same is set down for hearing, and the requisite notice thereof duly served, within five years from the date of any such decree, order or dismission respectively. II. That all decrees and orders, and all dismissions, pronounced or made in any cause, claim or matter in this court which shall be enrolled, shall be so enrolled within six calendar months after the same shall be so pronounced or made respectively, and not at any time after without special leave of the court, such leave to be obtained in manner next hereinafter mentioned. III. In case any party is desirous to enrol a decree, or order, or dismission after the expiration of six calendar months from the time the same shall have been made, he shall obtain an order for that purpose, and which order, unless made by consent of the adverse party, or on motion and notice to all the parties, shall be a conditional order in the first instance, but shall become absolute without further order, unless cause is shown against it within twentyeight days after service of the order. 1852. IV. That where a caveat is entered with the August 7, roper officer to stay the signing of the docket of he enrolment of any decree, order or dismission, uch caveat shall be prosecuted with effect within wenty-eight days after the docket of such decree, ›rder or dismission shall be left to be signed with he proper officer by the party who entered the same, otherwise such caveat shall be of no force; and the locket of such decree, order or dismission may imnediately after the expiration of the said twentyeight days be presented to be signed, as if no such caveat had been entered. V. That no enrolment of any decree, order or Hismission shall be allowed after the expiration of ive years from the date thereof. VI. That the Lord Chancellor, either sitting lone, or with the lords justices, or either of them, hall be at liberty, where it shall appear to him under the peculiar circumstances of the case to be ust and expedient, to enlarge the periods hereinbefore appointed for a re-hearing, 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) (As before, ante, p. 212). |
