^f^^... o *-«^« IMAGE EVALUATION TEST TARGET (MT-3) h A #^7 A &1 ^ 1.0 !?:«- Ill I.I 1.25 2.5 us •i.n ID! JAO 2.2 2.0 1.8 LA. IIIII16 Photo^pliic Sciences Corporation iV 9> lV 'O 23 WEST MAIN STREET WEBSTER, N.r. 14580 (7;6) s-^a-Asoa ^^ 6^ CIHM/ICMH Microfiche CIHM/ICMH Collection de microfiches. Cant^'^'an Institute for Historical Microreproductions / Institut canadien de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significontiy change the usual method of filming, are checked below. r~7[ Coloured covers/ b£J Couverture de couieur I I Covers damaged/ D D D D Couverture endommag^a Covers restored and/or laminated/ Couverture restaur^e et/ou pelliculde I I Cover title missing/ Le titre de couvprture manque I I Coloured maps/ Cartes g6ographiques en coulaur Coloured ink (i.e. other than blue or black)/ Encre de couieur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couieur Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ Lareliure serr^e peut causer de I'ombre ou de la distortion le long de la marge int^rieure Blank leaves added during restoration may appear within the text. 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This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction indiqu6 ci-dessous. 10X 14X 18X 22X 26X 30X L / [/ 12X 16X 20X 24X 28X 32X Th« copy filmad h«ra has bean raproducad thanks to tha ganarosity of: Archives of Ontario Toronto L'axampiaira film* fut reproduit grica h la g4nirositi da: Archives of Ontario Toronto Tha imagas appearing hara ara tha bast quaiity possible considering the condition and legibility of the original copy and in Icaeping wit^; the filming contract spacificationa. Original copiaa in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. Ail other original copiaa are filmed beginning on the first page with a printed or illuatratad imprea- sion, and ending on the last page with a printed or illuatratad impression. The last recorded frame on each microfiche shall contain the symi3oi — ^ (mee 9 "CON- TINUED"), or the symbol 7 (meaniny "END"), whichever applies. Lee imagea suivantaa ont iiti raproduitas avac la plua grand soin. compta tenu de la condition at da la nettetA de i'axemplaira film*, at en conformiti avac lea conditions du contrat de fllmage. Las axemplairaa originaux dont la couvarture an papier eat imprimte sont fiimte an commen^ant par la premier plat at an tarmirtant soit par la darniire page qui c&mporte une ampreinte d'Impreaaion ou d'iilustration, soit par la second plat, seion le eas. Tous lea autres sxamplairas originaux sont film*s an commanpant par la premiere page qui comports une ampreinte dimpression ou d'iilustration at en tarminant par la darnlAre page qui ccmporta une telle emprejnte. Un dea symbolaa suivants apparaftra sur la damiAre image de cheque microfiche, seion le caa: le symbole -^ signifie "A SUIVRE", le symbols V signifie "FIN". Mapa. platea. charts, etc., may be filmed at different reduction ratioa. Thoae too large to be entirely included in one expoaura are filmed beginning in the upper left hand comer, left to right and top to bottom, as many frames aa required. The following diagrama illuatrata the method: Lee cartea. planchea, tableaux, etc., pauvent dtre fiimia d dee taux de reduction diff^rants. Lorsqua le document est trop grand pour dtra reproduit en un seul ciich*. ii est film* * partir de Tangle supirieur gauche, de gauche * droite, et de haut 91% baa, an pranant la nombrs d'Imagea n^cassaira. lias diagrammas suivants iliustrent la m*thode. 1 2 3 1 2 3 4 5 6 \?L L m / 1 • 11 D E U S * ! OF Till". ' i COUliT OF CHANCERY, 1 PRUMri,(iA'IEl) ^|^^|j SEPTEMBEU lO, 18 6 6. — TOROX'l'O: • HENRY UOWSKLL. LAW I'RINTEK. ' t 1 1 vj' & IN CHANCERY. ORDERS OF COURT. SEPTEMBER 10, 18(56. With a view to the more speedy dispatch of business in Chambers, and also to the relief « f the Registrar's office, it is ordered as follows : 1. All Decrees and Orders made, after hear- ing in open Court, or in Chambers, are to be either prepared or examined and settled by a Clerk of the Court to be hereafter called the Judges' Secretary. 2. No minutes of Decrees or Orders are to be prepared or allowed ; and all Decrees or Orders are co be prepared and completed immediately after judgment is pronounced. 3. The Court, or a Judge, will from time to time direct what Decrees and Orders the Secre- tary is to prepare, and what Decrees and Orders are to be prepared in the Registrar's office. A 2 ORDERS IN CHANCERY. 4. The Secretary is to have the powers given to the Registrar by the 22nd, 23rd, and 42nd Orders of the 6th of February, 1865, respecting the passing of Decrees or Orders. 6. After any Decree or Order prepared by the Secretary is completed and engrossed, or any other Decree or Order is examined by him, he is to mark the same with his initials, and to deliver the same so marked to the Registrar, who is to sign and enter the same as h/therto. 6. The Entering Clerk is to note in the margin of the book the day of entering the Decree or Order, and is at the foot of the Decree to note the same date, and the book in which the entry has been made and the pages of such book. 7. In the absence of the Judge, ihe Secre- tary is to sit in Chambers, and hear any ap- plications which the parties may choose to bring before him for this purpose ; and he is imme- diately thereafter to submit the same, with his opinion thereon, to a Judge for his order ; and the Secretary is to adjourn to a future day any applications he does not hear and of which notice was given. 8. Every Order made under the last preced- ing section is to be prepared by the Secretary, and signed and entered by the Registrar as hitherto ; and a motion to set aside or vary the same is in the first instance to be to a single Judge upon notice. ORDKRS IN CHANCERY. 3 9. When a Queen's Counsel has hehl a sitting of the Court under the Statute in that behalf, he is to enclose to the Secretary, as soon thereafter as may be, a statement signed by him, of his Decree in each case heard by him, with the date and place of hearing, and is to set forth the terms of his Decree either at full length or otherwise, as the case may require. His judgment containing the reasons for his Decree, if he thinks fit to state the same in writing, is also to be transmitted to the Secretary for the information of the Judges and the parties. 10. A Decree made by a Queen s Counsel is to be expressed in the body thereof to be the Decree of the Court, as if pronounced by one of the Judges ; but the name of the Queen's Counsel is to be given in the margin. 11. The following books, relating to money in court, are hereafter to be kept under the super- intendence of the Registrar and Secretary : I. A book of di.'ections to the bank to receive money. II. A book of cheques. III. A Journal. IV. A Ledger. V. A Balance Book. YI. A book of the mortgages and other invest- ments made under the authority of the Court. ORDERS IN CHANCERY. 12. The book of directions and the book of cheques are respectively to be in the same form as hitherto, or in such other form as the Judges from time to time direct or approve. But the cheques are to specify in the body thereof the amounl? of interest, if any, payable therewith ; and the directions and cheques are respectively to be numbered consecutively, commencing with number one. 13. The Journal is to shew the total amount of money in Court on the 1st of July, 1866, (including the money belonging to suitors, and the money at the credit of the Suitors' Fee Fund Account, and of the General Interest Account), and all subsequent transactions ; and the sums paid into and out of Court are hereafter to be entered from day to day ; and the journal is to be so arranged and kept that at the foot of each page will appear the total amount from time to time in the bank, assuming all cheques to have been presented. 14. The Ledger is to contain a separate account for every cause or matter in which there is money in Court, and also the Suitors' Fee Fund Account, and the General Bank Interest Ac- count, all which accounts are to shew correctly the. state and condition thereof for the time being. 15. In each of the suitors' accounts there are, from time to time, to be entered the date, pur- port, or short material contents, ol all Decrees, ORDERS IN CHANCERY. Orders or Reports affecting the same ; also, every sum piiid into or out of Court, and by whom paid, and for what paid, and under what authority. There is also to be credited to the account the bank interest computed and included in any Decree, rder or Report, and a correspond- ing transfer of interest is to be made at the bank. There is likewise to be entered in the account a statement or memorandum of any other matters material for the information of the Court or its ofificers, or of any of the parties. 16. To facilitate the keeping of the proper accounts, reports of sales are to set forth briefly the terms of the sale, so far as relates to the payment of purchase money ; and other reports affecting money in Court, or to be paid into Court, are to set forth in figures in a schedule a brief summary of the sums found by the Report, and which may be paid or payable into or out of Court. 17. Every deposit on Rehearing, or on a De- cree or an Order for Sale, is hereafter, like other moneys, to be paid by the party making the deposit into the bank to the credit of the cause or matter. 18. Money ordered to be paid into Court is to be paid into the Commercial Bank, with the privity of the Registrar or Secretary. All sums of money paid out of Court are to be so paid upon the joint cheque of the Registrar and Secretary, countersigned by one of the Judges, 6 ORDERS IN CHANCERY. ard not otherwise. The 8t1i sub-section of the 43rd Order of the 3rd of June, 1863, is hereby rescinded. 19, Any person desiring to pay money into Court is to produce to the Registrar or Secretary the Decree or Ordei, if any, under which the same is payable, and is to file a Pra3cipe i*^. the form following : In Chanceuy: • {Short style of cause.) Required, a direction to the Bank to receive from — $ J payable into Court to the credit of this cauhe, dated , {or as tke case may be). under {Date). A. B., Defendant's Solicitor, {or as the case may be). 20. The Bank, on receiving any sum of money to the credit of any cause or matter, is to prepare a receipt therefor in duplicate ; and one copy is to be delivered to the party making the deposit, and the other is to be posted or delivered on the same day, addressed to the Court. 21. Cheques may be prepared by either the Registrar or Secretary, and are to be signed by both. 22. The person entitled to a cheque is to pro- du3e and leave with the Registrar or Secretary the Decrees, Orders and Reports entitling such person to the money, and is to file a Praecipe in the form following : OUDERS IN CHANCERY. ■r In Chancery: ( Skort style of cause.) Eoquired a Cheque for 8 [with | — - interest thereon from to {being t/ic period, if any, for ivhick interest ia payable under the Decree or Order of the Court, hut luis not been already taken into account and computed) ], pay- able U) ; and the foUowing pnperH are producec' here- with {naming the Decrees, lieporta, d-c, shei>nny the party's right to the Cheque, thus : Decree dated . Report dated ■ , d:c.) (Date). A. B., Plaintiff's Solicitor, (or as the case may be). 23. If the Registrar, in case the application is to him, finds the party entitled as mentioned in the Praecipe, he is to prepare and sign the cheque accordingly, computing the interest, if any, that is payable therewith, and inserting the amount in the cheque ; and he is then to deliver to the Secretary the cheque and the papers pro- duced to shew the party to be entitled thereto ; and the Secretary is to examine the papers produced, and, on verifying the party's right to the sums mentioned in the cheque , he ia to add his signature to the cheque, and to procure the same to be countersigned by a Judge. 24. When the Secretary prepares the cheque, the same is to be examined by the Registrar in the same manner, and is to be signed by him and countersigned by the Judge. 25. The Decrees, Orders, and Reports, pro- duced as aforesaid, are to be redelivered to the party entitled thereto, with the cheque. g ORDERS IN CHAKOEBV. 26 The Balance Book is fo contain a state- „ent entered therein quarterly, of the balances at the credit of the various accounts in the tedder at the date of such statement such baknces are to be made »p on the 1st o Januarv 1st of April, 1st of July, and 1st ot OctXr'of every year, after a comparison of the accounts in the ledger wUh he banks accounts. This comparison ,s to be m^e by the Begistrar and Secretary jomlly, and the itt entered in the balance book is to be signed therein by the Registrar and Secretary. ' 27 In the Book of Investments are to be entered under the heading of the cause or ml ter in which any mortgage or other securi y Csten taken by the order of the Conn, nth name of the Registrar or any other ^^^ «^ f^ Court the date and short material contents ol such mortgage, and of all subsequent orders and proceedings in relation thereto, ™ ' '^^"^ ; ;^' ^ge is discharged by the order ol the Court. 28 A list, signed by the Begistrar and Secre- tary ofaU the 'mortgages outstanding on the Is S^ry and 1st 3nly, in each year is o b delivered to the Judges within ten days there aliaud such list is to set forth in convenient form : L The short style of the cause or matter. 11. Date of order under which mortgage exe- cuted. >l^ t ^ ORDERS IN CHANCERY. 9 >i^ ff^ III. Date of mortgage. IV. Amount. V. When payable. VI. To whom. VII. For whose benefit. VIII. What sums, if any, overdue for principal or interest. IX. Name of mortgagor. X. Locality (not description) of mortgaged property. XI. Remarks. 29. The books kept under these orders are to be open to inspection ; and the Registrar or Secretary is to give a certificate of the state of any account, or an extract therefrom, at the desire of any party interested or his solicitor. 30. The Secretary is to take and dispose of such references under the Act for Quieting Titles, and otherwise, and to perform such other duties, and render to the Judges such other services, besides those hereinbefore named, as the Judges may respectively, from time to time, require. 31. The Secretary is to receive for drawing Decrees, taking references, or other business performed by him instead of some other Officer of the Court now performing such business, the same Fees as are now payable therefor ; and no B / / 10 ORDERS IN CHANCERY. i! : fees not hitherto payable by suitors are to be hereafter payable by reason of anything con- tained in these Orders. The Secretary is to keep in a book an account of the fees received by him, and to report to the Judges quarterly the particulars and amount thereof. 32. Where the name and place of business of a Solicitor have been indorsed upon any pleading or proceeding filed, it shall not be necessary to indorse such place of business on any pleading or proceeding in the same cause or matter subsequently filed, or subsequently served on any person who was served with the former proceeding. 33. When an acceptance of service of any Bill, Order, or other proceeding, and an under- taking to answer or appear thereto have been giren by a Solicitor, such acceptance and under- taking are to be equivalent to personal service upon the party for whom the same have been given, within the meaning of the Orders requir- ing personal service, and an affidavit of personal service is in such case dispensed with. P. M. YANKOUGHNET, C. 0. MOW AT, V. 0. ^# .^ \