The State of the Court of Chancery; The Causes Which Retard the Proceedings and Termination of Suits, and a Suggestion of Means to Diminish the Delays and Expenses in That Court

The State of the Court of Chancery; The Causes Which Retard the Proceedings and Termination of Suits, and a Suggestion of Means to Diminish the Delays and Expenses in That Court

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1829 edition. Excerpt: ... of by motion by counsel without the bar. These orders, being of course, might be dispensed with; they cause an expense to suitors, without any benefit; but they were usually obtained by motions by counsel who drew the pleadings in the cause. As counsel are in general not adequately remunerated for drawing the pleadings, the motions were some additional remuneration to them. Some years since a respectable solicitor, on whose veracity I could rely, informed 'me that he had been applying to the Secretary at the Rolls, desiring him to get a petition answered as soon as he could by the Master of the Rolls, because it was urgent. That the secretary said to him, " Sir, you do not bring us any petitions of course for time to answer." The solicitor replied, " No; I obtain those orders by motions which I give to the counsel who draw the pleadings." ' The secretary said, " As you do not bring us your petitions of course, we shall not get your petitions answered in haste when you want them." The Secretary thus made use of his situation to procure the Master of the Rolls' answers to other petitions, in such manner as was most advantageous to his interest. I believe that by degrees be procured the greatest part of the orders for time to be obtained by petition at the Rolls, and that motions for such purpose have in the same proportion been withdrawn from gentlemen without the bar. By two of the new orders of the Court of Chancery made by Lord Lyndhurst, with the advice and assistance of the Master of the Rolls and Vice Chancellor (which Lord Lyndhurst stated to the bar were chiefly suggested by the Master of the Rolls), orders nisi, for confirming Reports and for dissolving Injunctions, which...show more

Product details

  • Paperback | 92 pages
  • 189 x 246 x 5mm | 181g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123692410X
  • 9781236924100