Excerpt from The Orders, Statutes and Regulations Affecting the Practice the Court of Chancery: With NotesThe General Orders regulating the practice of the Court of Chancery have so greatly increased in number by successive additions during fiveMoreExcerpt from The Orders, Statutes and Regulations Affecting the Practice the Court of Chancery: With NotesThe General Orders regulating the practice of the Court of Chancery have so greatly increased in number by successive additions during five centuries, that the want of an authorized code and digest of them has long been seriously felt.
Many learned writers on the practice of the Court have complained of the extreme difficulty of reconciling with each other successive Orders of different Lord Chancellors, and of determining how far earlier Orders may be considered as repealed by later Orders, or a current of contrary practice. In one of his judgments (a), Lord Eldon acknowledged that much of modern practice was inconsistent with subsisting Orders, without any contradictions of them by subsequent Orders- and, in adverting to this judgment, Mr.
Beames, in the Preface to his Collection of the General Orders, insists that this anomaly ought to be corrected, and that a complete revisal of the Orders, expunging the incompatible and obsolete and making the whole one uniform consistent body, accompanied by the declaration that the collection should be considered always in full force until repealed by future written Orders, would be a work of incalculable benefit to the public.The extent to which the General Orders had accumulated previously to the late consolidation, and the unsystematic way in which they were accumulated, were not only serious grievances to the Practitioner, but often worked injustice to the suitors, by reason of mistakes in the practice of the Court being nearly unavoidable.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books.
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