Court of Chancery Procedure Act 1852
| Jurisdiction | UK Non-devolved |
(15 & 16 Vict.) C A P. LXXXVI.
[1st July 1852]
'WHEREAS it is expedient to amend the Practice and Course of Proceeding in the High Court of Chancery:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Bills engrossed on Parchment discontinued, and a printed Bill to be filed instead.
I. From and after the Time herein-after appointed for the Commencement of this Act, the Practice of engrossing on Parchment Bills of Complaint or Claims to be filed in the said Court, and of filing such Engrossment, shall be discontinued; and the Clerks of Records and Writs of the said Court shall receive and file a printed Bill of Complaint or Claim, in lieu of an Engrossment thereof, in like Manner as they now receive and file such Engrossment.
II Writs of Subpoena and Summons abolished.
II. The Writ of Subpoena to appear to and answer a Bill of Complaint in the said Court, and the Writ of Summons upon a Claim, shall respectively be abolished.
III Defendants to be served with a printed Bill in lieu of the Writs of Subpoena and Summons.
III. In lieu of serving the Defendant to a Bill of Complaint in the said Court with a Writ of Subpoena to appear to and answer the same, and in lieu of serving the Defendant to a Claim in the said Court with a Writ of Summons upon such Claim, in the Mode and according to the Practice now adopted in the said Court with reference to such Writs respectively, the Defendant shall be served with a printed Bill of Complaint or Claim, with an Indorsement thereon, in the Form or to the Effect set out in the Schedule to this Act, with such Variations as Circumstances may require, such printed Bill of Complaint or Claim so to be served being previously stamped with a proper Stamp by One of the Clerks of Records and Writs, indicating the filing of such Bill of Complaint or Claim, and the Date of the filing thereof.
IV The filing and Service of a printed Bill or Claim to have the same Effect as the filing and issuing of Writs of Subpoena and Summons.
IV. The filing of a printed Bill of Complaint or Claim in the said Court shall have the same Effect as the filing of a Bill of Complaint or Claim in the same Court, and the issuing of a Subpoena or Writ of Summons thereon respectively, now have, and the Service upon the Defendant of a printed Bill of Complaint or of a Claim so filed, with such Endorsement thereon, so stamped as aforesaid, shall have the same Effect as the Service on him of a Writ of Subpoena or Writ of Summons respectively now has, and shall entitle the Plaintiff in such Suit to such Remedies for Default of Appearance and otherwise as he is now entitled to in case of due and proper Service of a Subpoena to appear to and answer a Bill of Complaint or of a Writ of Summons upon a Claim.
V As to Service of printed Bill.
V. The Service upon any Defendant of a printed Copy of a Bill of Complaint or of a Claim in the said Court shall be effected in the same Manner as Service of a Writ of Subpoena to appear to and answer a Bill of Complaint is now effected, save only that it shall not be necessary to produce the original Bill or Claim, which will be on the Files of the Court, provided that the Court shall be at liberty to direct substituted Service of such printed Bill or Claim, in such Manner and in such Cases as it shall think fit.
VI Written Copies of Bills may be served in certain Cases, upon Plaintiff undertaking to file a printed Copy in 14 Days.
VI. Notwithstanding the Provisions herein-before contained, the Clerks of Records and Writs of the said Court may receive and file a written Copy of any Bill of Complaint praying a Writ of Injunction or a Writ of Ne exeat regno, or filed for the Purpose either solely or among other things of making an Infant a Ward of the said Court, upon the personal Undertaking of the Plaintiff or his Solicitor to file a printed Copy of such Bill within Fourteen Days, and every Bill of Complaint so filed shall be deemed and taken to have been filed at the Time of filing the written Copy thereof; and a written Copy of any such Bill of Complaint, stamped as aforesaid, and with such Endorsement thereon as aforesaid, may be served on any Defendant thereto, and such Service shall have the same Effect as the Service of a printed Copy.
VII Plaintiff to deliver printed Copies of Bill or Claim at Rate fixed by Lord Chancellor Prints of Amendments to original Bill also to be filed, &c.
VII. The Plaintiff in any Suit to be commenced in the said Court after the Time herein-after appointed for the Commencement of this Act shall be bound to deliver to the Defendant or his Solicitor, upon Application for the same, such a Number of printed Copies of his Bill of Complaint or Claim as he shall have Occasion for, upon being paid for the same at such Rate as shall be prescribed by any General Order of the Lord Chancellor in that Behalf.
VIII In certain Cases a printed Bill may contain written Amendments.
VIII. Upon the Amendment of any Bill of Complaint or Claim to be filed in the said Court after the Time herein-after appointed for the Commencement of this Act, the Provisions herein-before contained with respect to filing and serving and delivering printed Copies thereof shall, so far as may be, extend and be applicable to the Bill or Claim as amended: Provided that where, according to the present Practice of the said Court, an Amendment of a Bill or Claim may be made without a new Engrossment thereof, or under such other Circumstances as shall be prescribed by any General Order of the Lord Chancellor in that Behalf, a Bill or Claim may be wholly or partially amended by written Alterations in the printed Bill of Complaint or Claim so to be filed as aforesaid.
IX Power to Lord Chancellor to revive present Practice as to filing of Bills, &c.
IX. It shall be lawful for the Lord Chancellor from Time to Time to make any Order or Orders directing that the Provisions herein-before contained as to printing or otherwise shall be discontinued or suspended until further Order, and to direct that all or any of the present Practice as to the filing of Bills and Claims, and the issuing and Service of Subpoenas and Writs of Summons, may be revived and come into operation as if this Act had not passed.
X Bills of Complaint to contain concise Narratives of material Facts, &c.
X. Every Bill of Complaint to be filed in the said Court after the Time herein-after appointed for the Commencement of this Act shall contain as concisely as may be a Narrative of the material Facts, Matters, and Circumstances on which the Plaintiff relies, such Narrative being divided into Paragraphs numbered consecutively, and each Paragraph containing, as nearly as may be, a separate and distinct Statement or Allegation, and shall pray specifically for the Relief which the Plaintiff may conceive himself entitled to, and also for general Relief; but such Bill of Complaint shall not contain any Interrogatories for the Examination of the Defendant.
XI Next Friend of any Infant, &c. to sign a written Authority.
XI. Before the Name of any Person shall be used in any Suit to be instituted in the said Court as Next Friend of any Infant, married Woman, or other Party, or as Relator in any Information, such Person shall sign a written Authority to the Solicitor for that Purpose, and such Authority shall be filed with the Bill, Information, or Claim.
XII Interrogatories to be filed in Record Office by Plaintiff within Time prescribed.
XII. Within a Time to be limited by a General Order of the Lord Chancellor in that Behalf, the Plaintiff in any Suit in the said Court commenced by Bill may, if he requires an Answer from any Defendant thereto, file in the Record Office of the said Court Interrogatories for the Examination of the Defendant or Defendants, or such of them from whom he shall require an Answer, and deliver to the Defendant or Defendants so required to answer, or to his or their Solicitor, a Copy of such Interrogatories, or of such of them as shall be applicable to the particular Defendant or Defendants; and no Defendant shall be called upon or required to put in any Answer to a Bill unless Interrogatories shall have been so filed, and a Copy thereof delivered to him or his Solicitor, within the Time so to be limited, or within such further Time as the Court shall think fit to direct.
XIII Defendants may answer without Leave within the Time now allowed, though not required so to do by Plaintiff;
XIII. Whether the Plaintiff in any Suit in the said Court commenced by Bill...
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