ORDERS OF COURT. (a)

1848.

29th December, 1848.

c. 94.

THE Right Honourable CHARLES CHRISTOPHER LORD COTTENHAM, Lord High Chancellor of Great Britain, with the advice and assistance of HENRY LORD LANGDALE, Master of the Rolls, DOTH HEREBY, in pursuance of an Act of Parliament made and passed in the Session of Parliament held in the 11th and 12th years of 11 & 12 Vict. the Reign of Her present Majesty, intituled "An Act to regulate certain Offices in the Petty Bag in the High Court of Chancery, the Practice of the Common Law side of that Court, and the Enrolment Office of the said Court," and in pursuance of all other powers enabling him in this behalf, ORDER AND DIRECT, that all and every the Rules, Orders, and directions hereinafter set forth shall henceforth be, and for all purposes be deemed and taken to be general Rules and Orders of the High Court of Chancery on the Common Law side thereof, viz.: —

Introductory.

I. All former Rules and Orders regulating the practice and proceedings in the Petty Bag Office, so far as

VOL. XI.

(a) Filed at the Petty Bag Office.

a

the

Existing rules,

if consistent, to continue.

1848.

Orders to take effect on 1st Jan. 1849.

Official attendance and vacations the same as in Record

and Writ Office.

Clerk of Petty Bag to have common law seal, and to seal therewith documents.

the same are now in force and are consistent with the said Act of Parliament and with these Orders, are to remain in full force and effect.

II. These Orders, as to all suits, matters, and proceedings now pending or hereafter to be commenced, are (so far as the same are applicable to the state of such matters and proceedings) to take effect on the 1st day of January 1849.

Official Attendance and Vacations.

III. In the Office of the Petty Bag.

1. The Office is to be open and closed on the same days-and,

2. The Vacations are to be observed at the

same times-and,

3. The Clerk is to attend in the Office during

the same hours,

As are, for the same purposes and in relation to the same matters, appointed by the general Rules of the Court of Chancery in the Office of the Clerks of Records and Writs, subject nevertheless to such alterations, as, for some special reasons, may be at any time made by the Lord Chancellor, with the advice and assistance of the Master of the Rolls.

Clerk of the Petty Bag.

IV. The Clerk of the Petty Bag is to have the care and custody of the Chancery Common Law Seal, and is to use and employ the same for sealing such several Writs and all such documents and writings as are, by the said act, authorized to be sealed with the same Seal.

V. Affidavits,

1848.

V. Affidavits, Affirmations and Declarations to be used in any proceeding on the Common Law side of the As to swearing Court are to be sworn, affirmed, or declared before the and filing affiClerk of the Petty Bag, or before a Master Extra- davits. ordinary of the High Court of Chancery, and are to be filed in the Office of the Petty Bag.

to be tested.

VI. Every Writ, Rule, or Document issued or de- Of writs &c. livered out of the Petty Bag Office is to be tested or dated on the day on which the Writ is sealed, or the Rule or other document is made.

VII. Every Writ returned by the Sheriff is to be immediately filed, and thereupon the day and hour of the filing are to be endorsed on the Writ.

VIII. The Clerk of the Petty Bag, upon receiving the return of the transcript of the verdict of the jury, and proceedings or judgment of any Court of Common Law, upon any issue in law or in fact, is to file the same in the Petty Bag Office, and is to cause an entry to be made of such verdict and proceedings or judgment, and such transcript is to be annexed to the original record in the Petty Bag Office, and thereupon, the judgment of the Court of Chancery is to be entered on, or annexed to, the same record, in conformity with the judgment of the Court from which the transcript is returned.

Attorney.

Writ when returned to be

filed and endorsed.

Verdicts to be filed, and judgments to be

entered accordingly.

act as attornies

IX. Every Solicitor, whose name is duly enrolled Solicitors may as such in the High Court of Chancery, may act as an on the comAttorney in any Action, Suit, Matter, or Proceeding mon law side. pending on the Common Law side of the same Court,