In the Taxing Masters' Office. S. d. 0 3 0 0 0 For every warrant or summons, but not more than one For every oath, affirmation or attestation upon honor. 1 0 10 0 0 10 0 016 In the Lord Chancellor's Principal Secretary's Office. On all attendable petitions, appeals, rehearings and letters missive On all non-attendable petitions On a matter-of-course order on a petition of right In the Office of the Secretary at the Rolls. On every petition set down for hearing, to include the 1 0 0 0 10 0 0 10 0 100 The SECOND SCHEDULE to which the foregoing Order refers: In the Office of the Accountant-General. 1. For preparing English power of attorney with affidavit, exclusive of stamp duty 2. For preparing foreign power of attorney without : 4. For copies of accounts, debtor and creditor's side, per folio, as to be explained by General Order. 5. Upon every application for a search The following Order of the 3d of December, 1852, prescribes the practice with respect to stamps: I. That the Commissioners of Inland Revenue do prepare stamps impressed upon adhesive paper, of the amounts following, that is to say, threepence, fourpence, eightpence, one shilling and fourpence, one shilling and sixpence, two shillings and sixpence, and two shillings and eightpence. II. That such stamps shall be affixed by the parties requiring to use the same on the vellum, parchment or paper, on which the proceeding in respect whereof such stamps may be required is written, printed or engrossed, or which may be otherwise used in reference to such proceeding. III. That every officer of the Court of Chancery who shall receive any document to which a stamp shall be so affixed, shall immediately upon the receipt thereof obliterate or deface such stamp, by impressing thereon a seal to be provided for that purpose, but so as not to prevent the amount of the stamp from being ascertained, and no such document shall be filed or delivered out until the stamp thereon shall be obliterated or defaced as aforesaid. A notice was affixed in the Registrar's office on the 3d of November, 1852, to the following effect: 1. The amount of the stamps will be marked by the Registrar's clerk on the minutes. 2. The Registrar's stationer will supply the stamps when the order is copied, and will return the papers to the Registrar's seat, but retain the order. 3. When the solicitor applies at the Registrar's seat for the order, his papers will be delivered to him, and he will be referred to the Registrar's stationer, from whom he will receive an order on paying the stamp. 4. Where printed forms are used, the Registrar's clerk will tell the solicitor what form is used, and the solicitor will obtain the stamped form from the Registrar's stationer, and leave it with the papers. N. B. Unless the order is taken away, and the stamp paid for within three weeks from the day on which the order is bespoken, it will be cancelled, and the stamp recovered as spoiled; and in case the solicitor shall want the order recopied, he will be required to pay the stationer's charge for recopying. The following Order of the 4th of December, 1852, completes the subject: I. When no certificate of the taxation of a bill of costs shall be required, the ad valorem duty directed by the Order of the 25th day of October to be levied by stamps on the Master's certificate shall nevertheless be due, and shall be payable on the amount of the bill as taxed, or on the amount of such part thereof as may have been taxed; and the solicitor is in such case to cause the proper stamp (the amount thereof to be fixed by the Master) to be impressed on or annexed to the bill of costs. II. The fees hereunder specified shall hereafter be collected, not in money, but by means of stamps denoting the amount of such fees, stamped or affixed, at the expense of the parties liable to pay the fees, on or to the vellum, parchment, or paper, on which the proceedings in respect whereof such fees are payable, are written or printed, or which may be otherwise used in reference to such proceedings. 1st. In the Registrar's Office. For Orders made by a Judge in chambers, drawn up by the Registrar, the like fees as by the Order of the 23d of October, 1852, are directed to be taken by the chief clerks to the Judges for Orders drawn up by such chief clerks. 2d. In the Record and Writ Clerks' Office. For amending every record of any bill (Signed) In addition to these Orders, concerning the fees to be taken in the public offices, the following Order of the 22d of April, 1850, concerning solicitors' charges on claims, is material. Solicitors are entitled to charge and be allowed the following For the brief for counsel to move for leave to file claim, exclusive of a copy of the claim for counsel and the Court For the brief and instructions to counsel on the hearing, exclusive of any necessary copies . 0 0 4 . 0 10 0 For taking instructions to appear, and for entering ap If exceeding three, and not more than six, an If exceeding six, for every number not exceed- For settling minutes, passing and entering an order on hearing, the same charges as on a decretal order. For entering a caveat For procuring certificate of the caveat For term fee as in a suit. 1 0 0 . 0 13 4 068 068 068 ∞ ∞ And also all such fees as by the present practice of the Court they are entitled to, save such as are varied or rendered unnecessary by these present Orders. And by a General Order, the 2d of February, 1855, "When the preparation of any case or matter to lay before the Judge in chambers on a summons shall have required and received from the solicitor such extraordinary skill and labor 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." CHAPTER XXXI. OF REHEARINGS AND APPEALS. SECTION I.-General Rules. WHERE a party feels himself aggrieved by a decree or decretal order of the Court, there are three modes by which he may have it either reversed or altered: viz. 1. By a Rehearing before the same or another Judge of the Court; 2. By an Appeal to the House of Lords; and 3. By a Bill of Review. As a rehearing, by the Lord Chancellor, or the Lords Justices, of a decree or order made by the Master of the Rolls or a ViceChancellor, is in fact an appeal; and, as many of the rules applicable to appeals to the House of Lords, are applicable to those proceedings in common with rehearings, the present section will be devoted to the consideration of those rules and principles which are common to both proceedings; and it is to be premised, that, as the term "appeal" may be applied to both, it will, where used in the following pages, include rehearings in Chancery as well as appeals to the House of Lords, except in those instances in which the distinction shall be specifically pointed out. It is to be recollected, that, except in the instances already pointed out, a decree or order made by consent of counsel, or ex parte, cannot be the subject of appeal.1 1 Stewart v. Forbes, 12 Jur. 968; Sturgeon v. Hooker, 2 Phil. 289; Atkinson v. Manks, 1 Cowen, 691; Ringgold's Case, 1 Bland, 5, 12; ib. 18, 270; Coster v. Clarke, 3 Edw. Ch. 405; French v. Shotwell, 6 John. Ch. 564; Decoster v. La Farge, 1 Paige, 574; Monell v. Lawrence, 12 John. 521. With reference to what orders are deemed to be upon consent, see Davis v. Chantis, 10 Jur. 975, and C. P. Cooper's Reports, temp. Lord Cottenham, Vol. 1, p. 42. An appeal will not lie from a decree entered by default. Kane v. Whittick, 8 Wendell, 219. As to appeals from decrees entered pro confesso, see Rowley v. Benthuysen, 16 Wendell, 369; Hoye v. Penn, 1 Bland, 35; Ringgold's Case, ib. 5, 12; Shye v. Llewellen, ib. 18; McKim v. Thompson, ib. 270; Murphey v. Amer. Life Ins. and Trust Co. 25 Wendell, 249; Tripp v. Cook, 26 Wendell, 243; Hunt v. Strong, 15 Vermont, 377. In Ohio, under the Act 1831, giving an appeal " from any final sentence or decree," an appeal was allowed from a decree in the Common Pleas, taken by consent of parties. Brewer v. Connecticut, 9 Ohio, 189. See Morris v. Davies, 5 Clark & Fin. 163. |