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Untitled Article
the forms of subpoenas are changed , and are somewhat less absurd than before . But what the need of a subpoena at all ? Why would not the solicitor ' s notice of a suit instituted serve every purpose , except that of the officer who has the issuing of
the subpoenas , and of his patron ? We have next regulations that three defendants only shall be put in one writ . This must be to keep up costs we suppose , for we can devise no other possible reason . Subpoenas are to expire if not served within a limited time . Also we suppose to keep up the costs . *
Regulations as to bills of revivor , and orders of course respecting the same , follow . Bills of revivor are a disgrace to the land . There is money enough taken out of the pockets of the people for original bills , without compelling them to the absurdity of filing a bill of revivor every time one of the numerous parties to a suit , and every person possibly and nominally interested must be a party , happens to die , or , if a woman , to marry . Commissions to swear answers which are matters of favour , are now allowed to any one who lives as far off as four miles from town instead of requiring that he should be living as far as twenty . The answer , however , must still be sworn to ; and we suppose the profanity of oath-giving must go on yet . But why may not every justice of the peace , or every Master in Chancery , administer the oath instead of putting
the parties in every case to the expense of a particular and separate commission . Next ( we are going through the Orders ) comes the humbug of a common injunction , granted not on any merits , but because the defendant has not put in an answer in a now admitted impossible time . Common injunctions ought not to be required . Considerable alterations are next made in
transferrin g business to the Masters . The arrangements for this are most clumsy ; but it would lead us too much into detail to examine them . The whole machinery of a Serjeant-at-Arms , i in a bag wig and sword , is still continued ; but the Masters have obtained some control over his infliction . The orders relating to the Accountant-General seem to contain little new . Order XXIX . / Y char miner regulation ! It commences
thus : ' That with a view to the convenience of the suitors and their solicitors , and for the purpose of diminishing the expense of orders on petitions of course , which , according jto the practice of the Court , may be presented , ' & <\ and then follows a rule that orders of course may be drawn up in a more simple way . ' Orders of course , ' gentle reader . What are they do you think ? Relics of the wisdom of our ancestors , which our reforming Chancellor
* Subpoenas to rejoin , to hear judgment , and one or two others , for which new form nine are now provided , are not only uselenn , but really inconvenient ; yet they aro re-enacted , and charged , as is almost every thing else which is altered , at a considerably advanced price . t This is the officer who , vre think we remember , travelled into Yorkshire a year or two ugo , to bring up an infant at the breast to be committed for contempt ! He »» an inevitable process in all cases where an answer is not put in without hitn . :
Untitled Article
Lord Brougham ' s Chancery Reforms . 127
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Feb. 2, 1834, page 127, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2630/page/43/
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