move for a Concilium in the Court of Law, and the Case set down for Argument with the Clerks of the Papers, if in the King's Bench; but it may be proper to observe, that unless the Case is previously signed by Counsel on both Sides, the Clerk of the Papers will not receive it. Lord Eldon has decided that a Case sent for the Opinion of a Court of Law, must be signed by Counsel on each Side (a); and that if either Side refused to sign, they would be understood to waive the Benefit of it and so, in the Court of Common Pleas, the Signature of a Serjeant is required before it can be set down (6). Briefs must be prepared and delivered to Counsel, and fair Copies of the Case must be made for each of the Judges, and left as usual with their respective Clerks, at Chambers, a convenient Time before the Agreement. The Case will be called on in its Turn, and the Solicitor should attend with the Papers and Proceedings, and be prepared to give such Information as the Judges may require. After the Case has been argued, the Judges certify their Opinion jointly, or seriatim if they differ; usually without expressing the Ground upon which their Opinion is founded. Sometimes, though rarely, openly in Court: in Wright v. Holford, their Opinion was so expressed for the first Time (c). Where a Case was sent for the Opinion of the Court of King's Bench, Lord Ellenborough stated, that the Court would, if it were wished, turn the Case into a special Verdict, so that it might come before the Twelve Judges, observing, that he could not anticipate to what Decision that Court might come to, with their Assistance (d). The Judge's Certificate must be filed in the ReportOffice in Chancery, and an Office-Copy taken, and the Cause brought on for Hearing on the Equity reserved by Petition, (see Petitions) ingrossed on the proper Stamps, and left with the respective Secretaries either of the Lord Chan (a) 1 Ja, and Wa. 426. (b) 7 Taunt. 85. (c) 17 Ves. 72. Coop. 31. (d) Maule and Sel. 512. 1 Madd. Rep. 534. n. cellor, or of the Master of the Rolls, before whom the Cause is intended to be heard, in Court or at the Rolls. A Copy of the Petition must be left at the same Time: the Petition when answered must be taken to the Register-Office, and the Order for setting down the Cause drawn up, passed and entered, and the Cause set down in the Register-Book, and the Order must be served as usual, upon the adverse Clerk in Court. A Copy of the Judge's Certificate, and the decretal Order should be left at the same Time with the Lord Chancellor's Gentleman of the Chamber, if set down in Court, or with the Secretary at the Rolls if to be heard there, a few Days before the Petition comes on to be heard, with a Fee of Five Shillings, and the Cause will come on in its Turn. The former Briefs, with the Certificate of the Judges, and such additional Information as may be necessary for hearing the Equity reserved, on further Direction, must be delivered to Counsel, and the Hearing attended by the Solicitor, for which Instructions have been given in a former Part of this Work. Where after an Issue, or an Action directed by the Court, the Lord Chancellor administers equitable Relief, his own Judgment ought to concur with the Verdict, or at least, he ought not to be dissatisfied with the Verdict; if he is, a new Trial should be directed (a). It remains to subjoin, that there is no Instance of an Issue directed to try a Trust (b). Where an Issue was directed to try the Validity of a Will, a Party interested in the Trial, objecting to being a Party to the Issue, and to being interested in the Order for the Production of Books, Papers, and Writings, was at liberty to attend the Trial, but ordered to produce the Documents with Exception as to those he possessed as Mortgagee (c). (a) 8 Ves. 536. (b) 2 Atk. 263. (c) 6 Madd. 48. Attending, reading over, and settling same Engrossing, Duty, and Oath Warrant on leaving State of Facts and Affidavit, Copy, and Service 046 Warrant to proceed, Copy, and Service 0 4 6 Attending thereon, when the Master required in addition to the Affidavit, that Jane Giles should sign her Consent to your being appointed the Guardian Drawing a fair Copy of Consent, for her to sign Attending her signing same Another Warrant to proceed on State of Facts, Copy, and Service Attending thereon, when the State of Facts was allowed Paid for a Copy Draft of the Master's Report, fol. 24 Making Copy thereof (a) Perusing and considering the same, and making several Alterations Warrant on preparing Report, Copy and Service 0 68 026 s. d. Warrant to settle, Copy, and Service 0 4 6 Attending thereon Warrant to sign Report, Copy, and Service 068 04 6 068 1 16 0 220 (a) See preceding Bills, and the Observations thereon. |