The Consolidated General Orders of the High Court of Chancery: With Regulations As to Certain Fees and Charges (Classic Reprint)

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Fb&c Limited, Nov 25, 2017 - 646 pages
Excerpt from The Consolidated General Orders of the High Court of Chancery: With Regulations as to Certain Fees and Charges

Few can have a just notion of the complexity, discrepancy, repugnancy, and confusion of this, the principal written law of the Court, or of the care, consideration, and labour requisite for that which has been described to us by some persons, and may appear to many, to be a simple matter.

In the majority of cases, until of late years, each succeeding Chancellor put forth such Orders as be deemed expedient, with out taking any notice whatever of the acts of his predecessors, which, indeed, were often unknown to him, as no care was taken as to the preservation of many of the early Orders, and there was no complete collection published. (sec Prefaces to Beames' and Sanders' Orders.) The General Orders in the Collection by Mr.

Sanders (to whose research the profession are so much indebted), and those which have been subsequently promulgated, are not only very numerous, but some are contained in Private Orders, and they extend over a period of nearly 500 years commencing with the reign of Richard II. The largest portion are not in force. A great number of them have been expressly abrogated by other Orders: but many have been only virtually repealed or superseded; some by statutes, others by subsequent Orders, others by a train of decisions, others by disuse or contrary usage. And there are instances of an Order having from time to time been silently and partially abrogated, leaving some small portion of it still subsisting.

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