Forms and Precedents.

SCIRE FACIAS TO REPEAL LETTERS-PATENT.

NEW ORDERS IN CHANCERY.

THE Orders relating to the Practice on the Common Law side of the Court of Chancery, dated the 29th of December, 1848, have been amended since the passing of 12 & 13 Vict. c. 109, by order of the Lord Chancellor and Master of the Rolls, dated 3rd August, 1849, rescinding the 11th and 12th of the General Orders of 1848, and, as amended, are as follows:

1. All former Rules and Orders regulating the practice and proceedings of the Petty Bag Office, so far as the same were now in force and are consistent with the said Act of Parliament and with these Orders, are to remain in full force and effect.

2. These Orders, as to all suits, matters and proceedings now pending or hereafter to be commenced, are (so far as the same are applicable to the state of such matters and proceedings) to take effect on the 1st day of January, 1849.

3. In the Office of the Petty Bag the Office is to be opened and closed on the same days, the vacations are to be observed at the same time, and the Clerk is to attend in the Office during the same hours, as are for the same purposes and in relation to the same matters appointed by the General Rules of the Court of Chancery in the Office of the Clerks of Records and Writs, subject, nevertheless, to such alterations as for some special reasons may be at any time made by the Lord Chancellor with the advice and assistance of the Master of the Rolls.

4. The Clerk of the Petty Bag is to have the care and custody of the Common Law Seal, and is to use and employ the same for sealing such several writs and all such documents and writings as are by the said Act authorized to be sealed with the said Seal.

5. Affidavits, affirmations and declarations to be used in any proceeding on the Common Law side of the Court are to be sworn, affirmed or declared before the Clerk of the Petty Bag or before a Master Extraordinary of the High Court of Chancery, and are to be filed in the Office of the Petty Bag.

6. Every writ, rule or document issued or delivered out of the Petty Bag Office is to be tested or dated on the day on which the writ is sealed or the rule or document is made.

7. Every writ returned by the Sheriff is to be immediately filed, and thereupon the day and hour of the filing are to be endorsed on the writ.

8. The Clerk of the Petty Bag, upon receiving the return of the transcript of the verdict of the jury, and proceedings or judgment of any Court of Common Law upon any issue in Law or in fact, is to file the same in the Petty Bag Office, and is to cause an entry to be made of such verdict and proceedings or judgment, and such transcript is to be annexed to the original record in the Petty Bag Office, and thereupon the judgment of the Court of Common Law is to be entered on or annexed to the same record, in conformity with the judgment of the Court from which the transcript is returned.

9. Every solicitor whose name is duly enrolled as such in the High Court of Chancery may act as an attorney in any action, suit or proceeding pending on the Common Law side of the same Court, and is to be therein named and treated as the attorney of the party by whom he is retained.

10. Any party changing or ceasing to employ his attorney in the course of an action, suit or proceeding, is to cause an entry of such change or cessation of employment to be made and entered with the Clerk of the Petty Bag, and to cause notice of such change or cessation of employment and of such entry to be served on every party to the action, suit or proceeding; and until such entry and notice shall have been made and served, the former attorney is to be deemed and taken for all purposes of the action, suit or proceeding, to be and remain the attorney of the party.

13. The proceedings and trial in an action of Scire facias may take place and be had in such one of Her Majesty's Superior Courts of Common Law as may be chosen by the party applying to have the writ sealed.

14. A writ of scire facias to repeal Letters-patent is not to be sealed-1. Until the fiat of the Attorney-General is filed in the Petty Bag Office; 2. Until the name of some one of Her Majesty's Superior Courts of Common Law is endorsed or written thereon; 3. Until a true copy of the writ and of any drawings or plans annexed thereto (to be verified by affidavit) has been filed in the Petty Bag Office.

15. If such writ has been sealed before the 1st of January, 1849, and the record of the action has not been carried or transmitted into the Court of Queen's Bench, the name of some one of Her Majesty's Superior Courts of Common Law is to be endorsed on the writ, and a memorandum thereof entered with the Clerk of the Petty Bag Office before any subsequent proceeding is taken in the action.

16. The trial and any proceedings in an action of scire facias are to take place in the Court of Common Law, the name of which is endorsed or written on the writ.

17. A bond of indemnity against costs to be incurred in the prosecution of an action of scire facias may (if so desired by the Attorney-General) be taken in the name of the Clerk of the Petty Bag, but the same is not to be deposited or filed in the Office of the Petty Bag unless the intended obligors, and the sums for which they are to give security, be named by the Attorney-General.

18. A bond of indemnity, filed in the Petty Bag Office, may, at the request of the Attorney-General, be put in suit under such circumstances and upon such terms and conditions as the Lord Chancellor and the Master of the Rolls may approve of.

19. An appeal is to be entered by or on behalf of any Defendant who has been summoned by the Sheriff within eight days after the writ of scire facias has been returned and filed.

The clerk of the Petty Bag Office is, until further orders, to receive and take the several fees payable, and to account for the same and pay the amount thereof into the Suitors' Fee Fund, in the same manner and at the same times as the Clerks of Records and Writs receive and pay the fees received by them in their Office.

of Bristol.

his attorney,

sues A. F. for that the said W. C. C. was the first and true inventor of certain new manufactures, that is to say, of certain improvements, first, in machinery for rolling or crushing ground; second, for cutting and threshing agricultural products, and third, an improved adaptation of horse power to threshing machinery, which may also be applied to other uses and thereupon her Majesty Queen Victoria, by Letters-patent under the Great Seal of England, granted the said W. C. C. the sole privilege to make, use, exercise and vend the said invention within England for the term of fourteen years from the 30th day of April, A.D. 1844, subject to a condition that the said W. C. C. should, within six calendar months next after the date of the said Letters-patent, cause to be enrolled in the High Court of Chancery an instrument in writing under his hand and seal, particularly describing and ascertaining the nature of his said invention, and in what manner the same was to be and might be performed; and the said W. C. C. did within the time prescribed fulfil the said condition, and the Defendant has during the said term infringed the said Patent right, and the Plaintiff claims 501.

C. P., H. P., J. G. P. and E. P. Defendants.

The particulars of the breaches complained of in the said action are, that the Defendants, on or about the thirtieth day of December, one thousand eight hundred and fifty-two, at their factory at - in the county of Lancaster, used ma

chinery in the manufacture of carpets (being terry fabrics), in imitation of the invention described in the Specification of the Letters-patent granted to Thomas Thompson and mentioned in the Declaration.

Dated this twenty-second day of February, 1853.

W. and H. Plaintiff's Attornies.

To Messrs. B. M. and D., Defendant's Attornies.

In the

Form of Pleas in ordinary Cases.

The

day of

--

A.D.

C. D.The Defendant by his attorney says that1. He is not guilty.

ats. A. B. 2. And for a second plea the Defendant says, that the Plaintiff was not the true and first inventor of the supposed invention in the Declaration mentioned, as alleged.

3. And for a third plea the Defendant says, that Her said Majesty did not grant unto the Plaintiff the sole privilege to make, use, exercise and vend the said invention within [England, or as the case may be], as alleged.

4. And for a fourth plea the Defendant says, that the Plaintiff did not within six calendar months next after the date of the said alleged Letters-patent cause to be enrolled in the High Court of Chancery [or to be filed in the office appointed for filing Specifications in Chancery] an instrument in writing, under his hand and seal, particularly describing and ascertaining the nature of his said invention, and in what manner the same was to be and might be performed as alleged.

5. And for a fifth plea the Defendant says, that the said supposed invention in the Declaration mentioned was not, at the time of granting the said alleged Letters-patent, new as to the public use and exercise thereof, but on the contrary thereof had been and was wholly and in part publicly and generally practised, used and vended within [England, or as the case may be] before the date and grant of the said Letterspatent.