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Cox's Forms of practical proceedings in the chambers of the master of the rolls and the vice-chancellors - Softcover

Cox, Edward William

 
9781152510043: Cox's Forms of practical proceedings in the chambers of the master of the rolls and the vice-chancellors

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Synopsis

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 Excerpt: ...given security, may be appointed receiver, and serves such summons on the like parties; which course is to be pursued in the particular case will be learnt by the solicitor on inquiry at chambers; The further summons seems to be usually required (though neither summons nor notice is contemplated in the regulation table of receivers' costs, See Appendix C), inasmuch as the order to appoint must be based on a summons, which the registrar requires to be filed in his office before the order is passed, and the summons first taken out is not the property of the receiver, but of the party by whom the order was left at chambers. The chief clerk endorses on the summons a minute of the parties appearing, the evidence adduced pro. and con., the enrolment of the recognisance, and the order made thereupon; The summons so endorsed is transmitted to the registrar of the day, and he prepares therefrom a formal order--See Seton, 1002--which is passed and entered in the usual way; This completes the receiver's appointment. A certified copy of the order must be left at the Judge's chambers, either on its completion, or on the first subsequent proceeding there in the receivership. 2. In case two, it is the business of the receiver's solicitor to conduct the proceedings under the order, from the time it is passed and entered to the completion of the security; He accordingly leaves at the Judge's chambers a certified copy of the order, together-with a note of the solicitors'names--Forms 118,9--and prepares, takes out, and serves on all parties entitled to attend, a summons--Form 385--to settle the security to be given thereunder; On the return of this summons, or at an adjournment thereof, evidence is adduced of the rental or value of the property, as in case one, and the names ...

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