the  provimons  of  the  16th  (senaral  Order,  Art  34.  and
70th  Order,  and  the  leave  to  amend  beoame  void  at  the*
expiration  of  the  fourteen  days ;  that  the  Phuntiff  might
either  have  ^>plied  spedbll j  to  extend  the  time  or  for
a  Bpeeial  order  to  amend,  hnt  that  the  order  of  coune^
was  irregular.     He  discharged  the  order.
Jufy  21.  The  order  was  discharged  with  costs ;  but  the  De-

fendants consented  that  the  amendments  should  stand*


July  4.
August  3.
FOLEY  V.  SMITH.
In  re  SMITH.
Upon  a  mo-
tion to  dlB*
charge  an
order  of
course  to  tax
or  to  give
security  for
costs,  the
Court  or-
dered the
latter  only.
QN  the  18th  of  December  1848,  Mr.  Foley  obtained
an  order  of  course  for  the  taxation  of  Messrs.
Smith's  biUs  of  costs.
Messrs.  Smith  moved  to  discharge  the  order ;  and  in
the  alternative,  that  Mr.  Foley  might  give  security  for
costs.      On  the  27th  of  March  1849,  the  Court  held.
Held,  that  the  tfiat  the  order  was  not  irregular,  but  directed  Mr.  Foley
to  give  security  for  costs.     No  costs  were  given  of  that^


not,  after-
wards, b)r
mere  notice,
abandon  the
orders  and
file  a  bill  for
the  same
matter.    Stich
proceedings
naving  how*
ever  been
teken  by  the


application  (a).  The  Court,  in  deUvering  judgm^t,*
intimated,  that  questions  might  arise  on  the  con-
struction of  the  agreement  between  the  parties,  and
also  upon  the  construction  and  effect  of  the  order,  in  the

form  in  which  it  had  been  obtained,  (b)

Mr*

(a)  1 1  Beav.  456.  (b)  IM.  p.  461.
by  the
client,  they  were  stayed  until  be  bad  paid  tbo  coiti  oonssqusQt  oa  lbs  order  of
course  ana  of  the  application.
