PREFERMENTS AND MEMORANDA.

In the vacation after Michaelmas Term, 1854, HENRY RIDGARD BAGSHAWE, Esq., of Lincoln's Inn, was appointed one of Her Majesty's Counsel.

In the vacation after Hilary Term last, HUMPHRY WILLIAM WOOLRYCH, Esq. was appointed a Serjeant-at-Law, and gave rings with the motto "Leges Juraque.”

In the vacation after Trinity Term, SIR WILLIAM HENRY MAULE, one of the Justices of the Court of Common Pleas, resigned his seat, and was succeeded by JAMES SHAW WILLES, Esq., of the Inner Temple, who, being called to the degree of the Coif, gave rings with the motto "Non sine vigiliis." He afterwards received the honour of knighthood.

In the same vacation, CHARLES SHAPLAND WHITMORE, Esq., of the Inner Temple, WILLIAM OVEREND, Esq., of Lincoln's Inn, P. A. PICKERING, Esq., of the Inner Temple, JAMES PLAISTED WILDE, Esq., of the Inner Temple, and WILLIAM BOVILL, Esq., of the Middle Temple, were appointed Her Majesty's Counsel learned in the law.

REPORTS

OF

CASES ARGUED AND DETERMINED

In the House of Lords,

BY

W. WAKEFORD ATTREE, ESQ. BARRISTER-AT-LAW.

AND IN THE

Courts of Chancery.

BY

EDWARD COOKE, Esq.,

SAMUEL VALLIS BONE, Esq., THOMAS PARKER, JUN. Esq., THOMAS WYATT GUNNING, Esq.,

BENEDICT LAWRENCE CHAPMAN, Esq.

AND

CHARLES EDWARD HAWKINS, Esq.

BARRISTERS-AT-LAW.

DURING FOUR TERMS,

VIZ.

MICHAELMAS 1854, HILARY, EASTER AND TRINITY, 1855.

18 & 19 VICTORIA.

GENERAL ORDERS AND RULES

OF

THE HIGH COURT OF CHANCERY

ISSUED BY THE LORD CHANCELLOR.

Saturday, January 13, 1855.

THE Right Honourable ROBERT MONSEY LORD CRANWORTH, 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 Sir GEORGE JAMES TURNER, the Honourable the Vice Chancellor Sir RICHARD TORIN KINDERSLRY, 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 of an Act of Parliament passed in the fifteenth and sixteenth years of the reign of her present Majesty, intituled "An Act to amend the Practice and Course of Proceeding in the High Court of Chancery," and of all other powers enabling him in that 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, viz.

INTRODUCTORY.

I. The course of proceeding prescribed by the fifteenth and sixteenth Victoria, chapter eighty-six, and the General Order of the seventh day of August, One thousand eight hundred and fifty-two, with respect to the mode of examining witnesses and the practice of the Court in relation thereto, are altered in the manner and to the extent prescribed by these Orders, but not further or otherwise.

II. The Orders numbered respectively, Thirtyone, Thirty-two, Thirty-three, comprised in the General Order of the seventh day of August, One thousand eight hundred and fifty-two, and all other Orders and parts of Orders, so far as such other Orders and parts of Orders are inconsistent with these Orders, but not further or otherwise, are hereby abrogated and discharged.

III. All former Orders and parts of Orders, not specified in Order Two, so far as the same are now in force, and consistent with these Orders, are to remain in full force and effect.

EVIDENCE.

IV. It shall not be competent for the plaintiff or any defendant to require, by notice or otherwise, NEW SERIES, XXIV.-CHANC.

that the evidence to be adduced in a cause shall be taken orally, but when issue shall have been joined in any cause, the plaintiff and defendant respectively shall be at liberty to verify their respective cases, either wholly or partially by affidavit, or wholly or partially by the oral examination of witnesses, before one of the examiners of the Court, or before an examiner to be specially appointed by the Court.

V. The evidence on both sides in any cause to be used at the hearing thereof, whether taken upon affidavit or orally (and including the cross-examination and re-examination of any witness or witnesses), is to be closed within eight weeks after issue joined therein, except that any witness who has made an affidavit intended to be used by any party to such cause at the hearing thereof shall be subject to crossexamination within one month after the expiration of such period of eight weeks.

VI. No affidavit or deposition filed or made before issue joined in any cause shall, without special leave of the Court, be received at the hearing thereof, unless within one month after issue joined, or within such longer time as may be allowed by spe cial leave of the Court, notice in writing shall have been given by the party intending to use the same, to the opposite party, of his intention in that behalf.

A

THE Right Honourable ROBERT Monsey LORD CRANWORTH, 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 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 of an Act of Parliament passed in the fifteenth and sixteenth years of the reign 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 as follows:

Where the preparation of any case or matter to lay it before the Judge in Chambers on a summons shall have required and received from the solicitor such extraordinary skill and labour as materially to conduce to the satisfactory and speedy disposal of the business, and therefore shall appear to the Judge to deserve higher remuneration than the ordinary fees, the Judge may allow to the solicitor, by a

memorandum in writing expressly made for that purpose, and signed by the Judge, specifying distinctly the grounds of such allowance, such further fee, not exceeding Ten Guineas, as in his discretion he may think fit, instead of the fee of One Guinea authorized in such a case by the Order of the Twenty-third day of October, One thousand eight hundred and fifty-two.

CRANWORTH, C.

JOHN ROMILLY, M.R.

RICHARD T. KINDERSLEY, V.C.

JOHN STUART, V.C.

WILLIAM PAGE WOOD, V.C.