ORDERS for better regulating the Hearing of Causes and other Matters in the Court of Chancery. COURT OF CHANCERY. 5th May, 1837. The Right Honourable CHARLES CHRISTOPHER Lord COTTENHAM, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable HENRY Lord LANGDALE, Master of the Rolls, and the Right Honourable Sir LANCELOT Shadwell, Vice-Chancellor of England, doth hereby order and direct in manner following; that is to say, I. THAT, from and after the 20th day of May now instant, every original information or bill of complaint filed in the High Court of Chancery, shall (at the option of the party, informant or complainant, by or on whose behalf the information or bill shall be filed) be distinctly marked at or near the top or upper part thereof, either with the words "Lord Chancellor," or with the words "Master of the Rolls:" And that the Six Clerk and Clerk in Court, to whom the filing of the information or bill belongs, shall, in the books and indexes in which the same shall be entered, add to the entry thereof such distinguishing words or mark as may make it appear from such entry whether the information or bill is marked with the words "Lord Chancellor," or with the words "Master of the Rolls:" and that, from and after the said 20th day of May, the Six Clerks and Clerks in Court are not to file any original information or bill of complaint which shall not be marked in the manner hereinbefore directed. II. THAT, in every cause in which the original information or bill shall be marked with the words "Lord Chancellor," or with the words "Master of the Rolls," the Six Clerk to whom it belongs to give or sign the certificate that the cause is ready for hearing shall, upon [a] 1837. May 5. ORDERS in CHANCERY. 1837. ORDERS in CHANCERY. being applied to for such certificate, see that the same certificate is marked, or cause the same to be marked, with the words "Lord Chancellor," or with the words "Master of the Rolls," in conformity with the like words marked on the original information or bill. III. THAT, in every cause now in Court, but which has not yet been set down for hearing, the Clerk in Court who, on the behalf of the informant, or of the plaintiff or defendant, shall, at any time after the 20th day of May instant, apply to the Six Clerk to set down the cause for hearing, or for the certificate that the cause is ready for hearing, shall state or certify to such Six Clerk whether any orders or order disposing of any pleas or plea, demurrers or demurrer, or any special orders or order upon merits shewn by answer or by affidavit, have or has been made in the cause, or (in case no such order as aforesaid has been made) whether the party on whose behalf the application is made desires the cause to be heard before the Lord Chancellor or the Master of the Rolls; and in case the Clerk in Court so applying shall certify that any such order as aforesaid has been made by the Lord Chancellor or ViceChancellor, and not by the Master of the Rolls, or that such orders as aforesaid have been made by both the Lord Chancellor or Vice-Chancellor and the Master of the Rolls, but that the last of such orders has been made by the Lord Chancellor or Vice-Chancellor, or (in case no such order has been made in the cause) that the party desires the cause to be heard before the Lord Chancellor, the Six Clerk giving the certificate shall see that the same certificate is marked, or shall cause the same to be marked, with the words "Lord Chancellor;" and the Six Clerk and Clerk in Court shall cause the entries of the cause in their books and indexes to be marked with such distinguishing words or marks as shall signify that the cause is to be heard before the Lord Chancellor; and in case the Clerk in Court so applying as aforesaid shall certify that any such order as aforesaid has been made by the Master of the Rolls, and not by the Lord Chancellor or Vice-Chancellor, or that such orders as aforesaid bave been made by both the Lord Chancellor or Vice-Chancellor and the Master of the Rolls, but that the last of such orders has been made by the Master of the Rolls, or (in case no such order as aforesaid has been made in the cause) that the party desires the cause to be heard before the Master of the Rolls, the Six Clerk giving the certificate shall see that the same certificate is marked, or shall cause the same to be marked, with the words "Master of the Rolls;" and the Six Clerk and Clerk in Court shall cause the entries of the cause in their books and indexes to be marked with such distinguishing words or marks as shall signify that the cause is to be heard before the Master of the Rolls. IV. THAT the Registrars of the Court, and the Secretaries of the Lord Chancellor and of the Master of the Rolls, are not at any time after the said 20th day of May instant, to set down to be heard any cause in which the certificate of the cause being ready for hearing shall not be marked in the manner directed by the 2d and 3rd Orders, and are not, after the date of these Orders, to set down to be heard before the Master of the Rolls any cause, further directions, or exceptions, which is or are now set down to be heard before the Lord Chancellor, and are not, without special order of the Lord Chancellor, to set down to be heard before the Lord Chancellor any cause, further directions, or exceptions, which is or are now set down to be heard before the Master of the Rolls. V. THAT in every petition praying that a day may be appointed for arguing a plea or demurrer put in to any information or bill filed on or after the said 20th day of May, it shall be stated whether the information or bill to which such plea or demurrer is put in is marked with the words "Lord Chancellor," or with the words "Master of the Rolls." VI. THAT, from and after the said 20th day of May instant, the several causes and matters hereinafter mentioned, not already set down, shall be set down to be heard before the Lord Chancellor, and shall not without special order of the Lord Chancellor be set down to be heard before the Master of the Rolls. 1. Every plea or demurrer, and all exceptions in any cause in which the information or bill shall be marked with the words "Lord Chancellor," or in which the entries of the cause in the Six Clerks' books shall be so marked as to signify that the same is to be heard before the Lord Chancellor. 1837. ORDERS in CHANCERY. 1837. ORDERS in CHANCERY. 2. Every cause in which the certificate of the cause being ready for hearing shall be marked with the words "Lord Chancellor." 3. Every cause requiring to be heard for further directions, or on the equity reserved, and in which the Master's report has been or shall be made, or a trial at law has been or shall be had, or the certificate of a court of common law has been or shall be obtained in pursuance of a decree or order pronounced by the Lord Chancellor or Vice-Chancellor. 4. Every exception or set of exceptions taken to any report made by a Master in ordinary, in pursuance of a decree, or an order of reference (not being an order obtained as of course), made by the Lord Chancellor or the Vice-Chancellor. VII. THAT, from and after the said 20th day of May instant, every petition presented or motion made under or pursuant to the liberty to apply contained in any decree or decretal order of the Lord Chancellor or ViceChancellor, shall, as to petitions, be addressed to and set down to be heard before the Lord Chancellor, and shall, as to motions, be made before the Lord Chancellor or Vice-Chancellor; and that no such petition or motion shall, without special order of the Lord Chancellor, be addressed to or made before the Master of the Rolls. VIII. THAT all such pleas, demurrers, causes, further directions, exceptions, and petitions, to be so set down to be heard before the Lord Chancellor, as hereinbefore is directed, shall be heard and determined in the same manner, and be subject to the same rules, as pleas, demurrers, causes, further directions, exceptions, and petitions set down before the Lord Chancellor, have heretofore been heard and determined. IX. THAT, from and after the said 20th day of May instant, all interlocutory applications by way of motion or petition (other than applications for orders of course), shall, in the several cases hereinafter mentioned, be made to the Lord Chancellor or to the Vice-Chancellor, and shall not, without special order of the Lord Chancellor, be made to the Master of the Rolls; viz. in the several cases following: 1. Where the original information or bill is marked with the words "Lord Chancellor." 2. Where the cause has not been set down for hearing, and any order disposing of any plea or demurrer or any special order upon merits, shewn by answer or by affidavit, has been made in the cause by the Lord Chancellor or Vice-Chancellor, and no such order has been made by the Master of the Rolls. 3. Where the cause has not been set down for hearing, and orders disposing of pleas or demurrers, or special orders upon merits shewn by answer or affidavit, have been made by both the Lord Chancellor or Vice-Chancellor and the Master of the Rolls, but the last of such orders was made by the Lord Chancellor or Vice-Chancellor. 4. Where the cause has been set down for hearing before the Lord Chancellor, either for original hearing or for further directions, or on the equity reserved. 5. Where the decree or last decretal order was made by the Lord Chancellor or Vice-Chancellor, except in cases where the decree or last decretal order was made by the Lord Chancellor on a re-hearing of a decree or decretal order made by the Master of the Rolls. X. THAT, from and after the said 20th day of May instant, the several causes and matters hereinafter mentioned, not already set down, shall be set down to be heard before the Master of the Rolls, and shall not, otherwise than for the purpose of re-hearing, be set down to be heard before the Lord Chancellor. 1. Every plea or demurrer, and all exceptions in any cause in which the information or bill shall be marked with the words "Master of the Rolls;" or in which the entries of the cause in the Six Clerks' books shall be so marked as to signify that the same is to be heard before the Master of the Rolls. 2. Every cause in which the certificate of the same being ready for hearing shall be marked with the words "Master of the Rolls." 3. Every cause requiring to be heard for further directions or on the equity reserved, and in which the Master's report has been or shall be made, or a trial at law has been or shall be had, or the certificate of a Court of Common Law has been or shall be obtained, in pursuance of a decree or order pronounced by the Master of the Rolls. 4. Every exception, or set of exceptions, taken to any report made by a Master in ordinary, pursuant to a de 1837. ORDERS in CHANCERY. |