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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 112   View pdf image (33K)
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112 BURCH r. SCOTT.—1 BLAND.

the pleadings, &c.; after which a fair copy is made upon parchment,
and signed by the Chancellor. It is then, and not until then, an
enrolled and final decree. The interval of time suffered to elapse,
between the making of the decretal order, and the enrolment, is
seldom less than a month, often more, and in some cases exceeds
a whole year. But in this interval the decretal order is solar con-
sidered as a final decide, that it may be enforced by attachment.
Gilb. For. Horn. 162; 1 Harr. Pi: CJian. 77, 620; 2 Harr. Pr. Chan.
174; 2 Mud. Chan. 464; 2 Foir. E.r. Prn. 164.

The Court of Appeals have declared, that "the decree of the
Chancellor is subject to his control, only upon a bill of review, or
a bill in the nature of a bill of review. A bill of review lies alter
the decree is signed and enrolled. A bill in the nature of a bill
of review lies after the decree is made, but before enrolment. A
decree must be considered as enrolled, after it is signed by the
Chancellor, and filed by the register." Hollingworth v. McDonald,
2 H. & J. 237; Beams' Ord. 1; Digged Lessee v. Beale, 1 H. & McH.
71. But the Chancellor rarely, if ever, pronounces his decree
orally, as in England, or if he does dp so in any case, no minutes
of it are taken down. He is considered as having pronounced no
judgment; nor as having made any decision in the cause, until a
decree is drawn up in writing, in full and proper form, and signed
by him. That decretal order, which, in England, always precedes
the enrolled or final decree, is never made here, and is unknown to
our practice. But in England the phrase "decretal order," is
often applied to various other orders besides that which imme-
diately precedes the decree; and it is sometimes applied in the
same sense here.

The plaintiffs have styled this bill, ''their supplemental bill, in
the nature of a bill of review." 1 Mont. Dig. 318. But one of
them was the defendant, and the others were no parties to the
original bill, upon which the decree complained of, had been passed;
and it is attached, as an addition, to no other bill; nor does it
purport to supply the * defects of any original bill. It is,
122 therefore, in no sense, properly and alone, a supplemental
bill. 1 Mont. J)iy. 315; 2 Mad. Chan. 519; 1 Fow. Ex. Pra. 61.

In England, a bill of review can only come in after the decree
has been perfected and enrolled. But if the party discover any
error, or new matter of fact after the decree has been pronounced,
and before it has been enrolled, he may obtain relief by a bill in
the nature of a bill of review; and need not wait, or go to the ex-
pense of having the decree enrolled. Now, from what the Court
of Appeals have said, as we have seen, it clearly follows, that, in
this State, there can be no such thing as a bill, in the nature of a
bill of review; since all decrees here are made by being signed
and filed; and when so made, are to be considered as decrees

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 112   View pdf image (33K)
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