iiat-aljaU lEqmtg (doUerttnn (Sift of IE. 31. iJJaratjaU. iLH. 1. lBa4 3 1924 085 504 888 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924085504888 THE STATUTES rOK THE IMPROVEMENT OF THE JURISDICTION OF EQUITY, FOE Cte ^fiolttton o{ tfie ®fK(e of M&»tex, AND FOR THE RELIEF OF SUITORS IN CHANCERY; AL90, THE TRUSTEES EXTENSION ACT, AND OTHER ACTS: ail tSe Nfto ©tirerjf, WITH NOTES AND A COPIOUS INDEX. Bt OWEN DAVIES TUDOR, Esq., 0/ tJie Middle Temple, Bmritter-al-Zam. LONDON: JOHN CEOCKFORD, LAW TIMES OFFICE, 29, ESSEX-STREET, STRAND. 1852. lONDOH : Printed by John Csocefosd, 29, Essex Street, Strand. PEEFACE. This voluine contains all the Acts passed last Session in any way affecting the Practice or Procedure, or the Officers, of the Court of Chancery, and also all the General Orders of the Court recently issued. The Orders issued pursuant to the most im- portant Act, viz., that for the Improvement of the Jurisdiction of Equity (15 & 16 Vict. c. 86), have been printed after those sections of that Act to which they are respectively appli- cable, so as to give a connected reading to the whole, as well as consecutively in extenso with the other Orders, in a subsequent part of the volume. I^Totes have been added, which, it is hoped, wiU increase the utility of the work. Chascebt-Lane, November 9tA, 1852. REFERENCES SECTIONS OF THE ACTS. IMPKOVEMENT OF THE JTOISDICTION OF EOTITT. 15 & 16 Vict. cap. 86. Sect. Page 1. Practice of engiossing bills on parchment discontinued, and a printed biU to be Bled instead ,. 1 2. Writs of sabpoena and summons to be abolished . . , . 2 3. Defendants to be served vith a printed bill or claim in lien of ,£hewritsofsubp(Bna and summons 2 4. Xbe filing and service of a printed bill or claim to have the same effect as the filing and issuing of writs of subpoena and summons .. .. .. .. .. .. ., i 5. As to service of printed bill 5 6. Written copies of bills may be served in certain cases, upon ])laintiff undertaking to file a printed copy in fourteen days 6 7. Plaintiff to deliver printed copies of bill or claim at rate pre- scribed by Lord Chancellor 7 8. Provisions as to filing, &c., prints of original bill extended to amendments. In certain cases a printed bill may be wholly or partially amended 8 9. Power to Lord ObanceUor to revive the present practice as to filing of bills, &c 10 10. Bills of complaint to contain concise narratives of material facts, &c., divided into numbered paragraphs, but not to contain interrogatories .. .. .... ..11 11. Person w;hose name is used as next friend of any infant, &c., in any sui^ &c., to sign a written authority 12 12. Interrogatories to be filed in Record Office by plaintiff within time prescribed 12 ' 13. Defendants may answer without leave within the time now allowed, though not required so to do by plaintiff ; but after that tijDB defendant must have leave 14 A ri CONTENTS. Sect. _ Page 14. Defendant's answer may contain not only answer to interroga- tories, but statements material to his case IS 15. Plaintiff may, on expiry of time for answering, but before replication, move for a |decree or decretal order . . . . 15 Affidavits may be filed 16 16. Court may refuse or grant such motion, or make order for further prosecution, &c 16 17. Practice of excepting to bills, answers, &c., for impertinence abolished 17 Proviso as to costs 18 18. Court or judge may order defendant to produce documents, &c., on oath 18 19. In certain cases defendant, after answer, may file interroga- tories for examination of j)laintiff 19 But defendant may exhibit a cross bill instead of filing inter- rogatories 20 20. Upon application of defendant after answer, plaintiff may be required to produce documents on oath 20 21. Practice of issuing commissions to take answers, &c., within the jurisdiction of the court abolished 21 22. Pleaa, declarations, &o., in Chancery, how to be sworn and taken in Scotland, Ireland, the Channel Islands, &c. . . 22 23. Penalty for falsely swearing, &c 23 24. Penalfr for forging signature or seal of judge, &c., empowered to administer oaths under this act 23 25. Answers, &c., to be filed without oath of messenger .. .. 24 26. Issue may be joined by filing replication as at present . . 24 27. Defendant not having been required to answer, and not answering, may move for dismissal of bill for want of prosecution 26 28. Fracticeiofcourtastoandmodeofexaminingwitnessesabolished 26 Court may order particular witnesses to be examined upon interrogatories as now practised 27 29. Plaintiff, where suits by bill at issue, majrgive notice to defen- dant to adduce evidence orally or b^ affidavit , . . . 28 30. Evidence may be taken orally if required, but the court may in certain cases make an order, &c 29 31. Witnesses to be examined by one of the Examiners of the Courtin the presence of the parties 30 32. Depositions to be taken down in writing and read over to the witness, who shall sign the same in presence of the parties : but if he refuse to sign. Examiner may, and state any spedal matter he may think nt 31 33. If parties refuse to be sWom, or to answer any lawful questions, the same course to be pursued as is now adopted . . . . 32 Proviso as to witness demurring to questions . . . . 32 34. Original depositions to be transmitted to the Becord Office and filed .. ., 32 35. Commission for examination of witnesses dispensed with, and Examiner empowered to administer oaths 33 36. Affidavits as to particular facts, &c., may be used .. .,33 37. Affidavits to be divided into paragraphs numbered . . . . 34 38. Evidence oral or by affidavit, on both sides, to be closed within time prescribed by Qenerid Order 34 CONTENTS. VU Sect. Page Witnesses by affidavits to be subject to oral cross-ezamina- tion, and afterwards to re-examination Si Witnesses bound to attend 33 As to expenses attending cross-examinations, &c 3? 39. Court may require the proauclion and oral examination before itself of any witness, &c., and determine payment of the costs .. ' 36 40. Any party in a cause may, by subpcena, require attendance of any witness before an Examiner 30 41. Evidence subsequent to bearing to be taken the same as prior to hearing . . , . 38 42. Defendant not to take objection for want of parties in any case to which rules herein set forth shall extend . . . . 38 43. Practice of setting down a cause on objection for want of par- ties abolished . . 42 44. Court may proceed in any suit, &c., without representative of deceased person, or may appoint one 4^ 45. Creditor, &c., may summon executor, &c., to show cause why an order for the aduuuistratioa of personal estate should not be granted 43 Powertojudge to order administration of such estate .. 44 46. Copy of summons to be filed in Record Office of court . . 45 47. Creditor, &c., may obtain an order for administration of real estate 45 48. Court may direct sale of mortgaged property instead of a fore- closure on such terms as it may think fit 46 49. Suit not to be dismissed for mi^'omder of plaintiffs, but coui-t may modify its decree, according to special circumstances . . 47 50. No suit to be objected to because only declaratory order sought 48 51. Court may decide between some of the parties without making others interested parties to the suit - . • Proviso 48 52. In ease of abatement, &c., of sniit, an order may be made, which shall have same effect as a bill of revivor _ . . . . 49 53. New facts, &c., after commencement of suit, to be introduced as amendments to bill, &c. . . ■ • ■ ■ • ■ ^. . 51 54. Where account required to be taken, court may give special directions as to the mode of taking same 52 55. Court may order real estate to be sold if required . . . . 54 66. Before sale of estate, abstract of title to be laid before some conveyancing counsel 54 Time for delivery of abstract to be specified in conditions of sale .... 55 57. Where real or personal property is the subject of proceedings, court may allow to parties part or the whole of the annual income . . 55 68. Practice as to injunctions to stay proceedings at law to be assimilated to practice as to special injunctions .. ..56 59. Answer of defendant, on motion for injunction or receiver, &c. , to be regarded as an affidavit 57 60. In case directions as to practice, &c., not followed, court may make order and award costs . . 58 61. Court of Chancery not to direct cases to be stated for opinions of Court of Common Law, but to decide the same . . . . 58 A 2 Viii CONTENTS. Serf. ■^'W 62. Courtmajdeterminelegaltitleof party seeking relief without requiring parties to proceed to law r. j " 63. Lord Chanceflor and judges to make General Rules and Orders for carrying purposes of this act into effect 60 64. Such General Eules and Orders to be laid before Parliament 60 65. Power to Lord Chancellor to increase sidaries of Examiners 61 If Examiner decline to continue, Lord Chancellor may orderacertainannuity tobepaid to him 61 66. Construction of terms °^ 67. Commencement of act "^ Schedule, Form of indorsement on bill of complaint 63 Form of indorsement on claim 63 MASTER IN CHANCEKT ABOLITION. 15 & 16 Vict. cap. 80. 1. Office of Masters in Ordinary in Chancery abolished . . . . 65 2. Tacancies in office of Masters not to he filled up . . . . 66 3. Two of the Masters in Ordinary released from their duties on firstdayof Michaelmas Term, 1852, &c 66 Proviso as to certain matters depending before the said Masters 67 4. Option to Masters to retire according to seniority, &c. . . 67 Power to Lord Chancellor to release remaining Masters . . 68 5. Masters' salaries and compensation allowance continued by way of retiring pensions, &c 68 6. Retiring pensions, &c., to be paid in the same maimer as pre- sent salaries 68 7. Power to Masters to summon parties, &c., and to settle and wind up proceedings before them . . 68 8. Power to court, upon Master's report or certificate, to make order for prosecution or final disposal of any suit, &c., and for payment of costs, &c 69 9. On neglect of parties to bring Master's report before the court, solicitor to Suitors' Fee Fund to do so, and his costs pro- vided for , 69 CONTENTS. ix Seci. Page 10. No fresh references to Masters, except in cases already before them, and in matters under Winding-up Acts, 1848 and 1849 , . , . . , , , , , , . , , . # 70 Until all the Masters are released from their duties, those remaining shall prosecute all the business depending . . 71 Power now vested in Masters reserved to them for such purposes 71 11. Power to Master of EoUs and Vice-ChancellorBto sit at cham- bers for the despatch of business, &o 72 12. Power to Lord Chancellor to provide chambers for the Masters of the Eolls and Vice-Chancellors 72 13. Judges to have same power and jurisdiction as in open court 73, 14. Oi'ders made in chambers to be ordinarily drawn up by judges' clerks, but judges may direct them to be drawn up by Eegistrars of the Court, and may require their attendance at chambers for the purpose 73 15. Orders made at chambers to have same force as Orders of Court, &c 73 16. Power to judges to appoint two Chief Clerks to each court to assist in the business of the court 73 17. Chief Clerk to judges to have been Chief Clerks to Masters in Ordinary, or solicitors or attorneys of ten years' practice ; certain Chief Clerks to be Chief Clerks of three of the Equity Judges 74 18. Power to judges to appoint Junior Clerks 75 19. Power to Lord Chancellor to remove any officer appointed under this act engaging in other employment or accepting any fee or emolument whatever other than his salary . . . . 75 20. Solicitors, &c., appointed to any office under this act to be struck off the rolls 75 21. Chief Clerks to hold office during good behaviour . . . . 76 22. And clerks during pleasure 76 23. Chief and Junior Clerks to be under control and direction of judges 76 24. Chief and Junior Clerks subject to same penalties, &c., as imposed, &c., under act 3 & 4 Will. 4, c. 94, as respects officers of the Court of Chancery 76 25. Power to Lord Chancellor, with eoncuiTence of judges, to remove Chief Clerks ; 77 26. Business to be disposed of in chambers by the judges . . 77 27. Judges may adjourn from open court to chambers, and vice verad, the consideration of any matter 78 28. Mode of proceeding before judges at chambers to be by sum- mons as at Common Law ^ . . . . 78 29. Power to the judges to direct what matters &c., shall be heard and investigated by themselves, and what by their ChiefClerks 78 Eight to suitor to bring any point before the judge . . 79 30. Power to Chief Clerks to issue advertisements and summonses to administer oaths, &c., as the judge shall direct . . . . 79 81. Parties, &c., not attending liable to process of contempt, and to penalties for false swearing, &c 80 A 3 X CONTENTS. Sect. Page 32. Result of proceeding^ before Chief Clerk to be embodied in form ofehort cernflcate, &c . . 80 33. No exceptions to lie to certificate 81 Parties at liberty to take opinion of judge npon any parti- cular point 81 34. Certificate, &c., signed and adopted by judge binding on all parties, unless mscharged or varied 81 35. Sections 13, 14, and 15 of 3 & 4 Will. 4, c. 94, repealed . . 82 36. All powers possessed by Masters to be exercised by judges . . 82 37. Power to judges to exercise the powers given by sections 7, 8, and 9 of this act, and to dispose of any cause, &c., in open court 82 38. Power to Lord Chancellor, with advice, &c., of judges, to make rules and orders for zegnlating the mode of procedure at chambers, payment of feesj:&c 83 39. Business in Master's offices to be conducted in the same man- ner as similar business is conducted by judges, &c. . . 84 40. Power to judges at chambers to take opinion of conveyancing counsel in certain matters 85 Parties may object to such opinion which may be disposed of in chambers or open court 85 41. Power to Lord Chancellor to nominate not less than six con- veyancing counsel of ten years' practice, &c 86 42. Power to obtaia the assistance of accountants, merchants, &c. 86 43. Taxing Master to regulate fees to conveyancing counsel, &c., subject to appeal . . . . - 86 44. Salary of 1,2002. to be paid to each Chief Clerk, and 2502. to each Junior Clerk, with power to the Lord Chancellor from time to time to increase same to 1,5002. and 3002. respec- tively 87 45. Pensions to Chief and Junior Clerks in cases of permanent infirmity .. .. •■ .. : .. .. 46. On retirement of Masters, their Chief Clerks to be entitled to retiring pensions of same amount as salary 87 47. Compensation to Junior Clerks on retirement of Masters . . 88 48. Salaries, &c., to be paid quarterly out of the Suitors' Fee Fnndaccount 89 49. Payment of compensations to be made quarterly out of Par- liamentary securities 90 50. On appointment of Masters or Clerks to office or employment under the Crown, the retiring pension or compensation under this act to be regulated by the salary, &c., of such office or employment . . . . .90 51. Appropriation of the Masters' offices in Southampton Buildings 91 62. Power to Her Majesty to appoint a Tice-Chancellor as suc- cessor to Sir G. J. Turner 92 53. Such Yice- Chancellor to have same power, &c., as Sir G. J. Turner has gg 54. Officers and attendants to the Yice-Chancellor 94 55. Salaries of Vice-Chancellor and his officers to be as at present 94 56. Her Majesty may grant retiring pensions to Vice-Chancellor 90 appointed 94 57. Lord Gbancellor may appoint court keepers gg CONTENTS. Xi See*. Page 58. Eights and establishmeata of the present Masters to continue until released in pursuance of this act 95 59. Nothing to affect the rights, &o., of Accountant-General as a Master in Ordinary 96 60. The retiring Lord Chancellor may deliver written judgments within six weeks after hia resignation 96 61. Construction of terms 97 SUITORS IN CHANCERY RELIEF. 15 & 16 Vict. cap. 87. 1. No officer hereafter to receive fees for his own use, but all officers to be paid by salary .98 2. Officers to continue to receive fees until Lord Chancellor shall otherwise direct, and pay them into the Suitors Fee Fund 100 3. Officers not to take gratuities 100 4. How offenders to be prosecuted 101 5. Allowances for copying to cease, and power to Lord Chan- cellor to make regulations as to copies 102 6. Power to Lord Chancellor by order, to vary, reduce, and abolish fees, and to provide for their collection by stamps 102 7. After such order, fees not to be received in money, but by means of stamps 103 8. Commissioners of Inland Revenue to give the necessary direc- tions as to the stamps, to keep separate accounts, and pay moneys into Suitors Fee Fund 103 9. Provision for sale of stamps 101 10. Commissioners of Inland Revenue may make regulations as to allowance for spoiled stamps 101 11. Provisions of former acts relating to stamps to be applicable to stamps under this act . . . . 104 12. No document to be received or nsed unless stamped . . . . 105 13. Officers guilty of fraud or wilful neglect in relation to stamps liable to be dismissed 105 14. Power to abolish fees in lunacy, and to substitute a per cent- age in lieu thereof . . . > 106 15. Certain statutory jurisdiction given to Lord Chancellor, in- trnsted with care of lunatics, to be exercised by the persons for the time being so intrusted 108 16. Salaries of Lord Chancellor and Judges of the Court of Chancery to be paid out of Consolidated Fond . . . . 10 XU CONTENTS. Sect. ,\q 17. Kepeal of section 61 of 5 Vict. e. 5 t. ■• •", +„ CI 18. Brokerage heretofore received by Accountant-Generai to db paid By Mm into Snitors Fee Pnnd . . .. ,.••,. *i 19. Salary to be paid to present Acconntant-General in ueu oi lit* nK(*Ffl.crp ■« trf •• ** ••iXA 20. Nothing in act to affect bis right as a Master inordinary .. 112 21. Power to Treasury to make regulations as to brokerage . . ii^ 22. Salary of all future Accountants-General to be 3000*. per 23. Certain officers of' Lord Chancellor remoyed, and their oflaces abolished ^ •••:,.••, " "^ 24. Certain officers of the Lord Chancellor to be paid by salary m lieu of fees ^ • • .•• H* 25. The Secretary of Presentations and the Secretary of Comnua- sions of the Peace to account for and pay fees into Con- solidated Fund .. •• •■ 11* 26. The persons or person holding snch last-mentioned offices to receive the yearly sum of 800t 11* 27. Certain offices abolished ■ .. .. ..115 28. Buties of subpoena office transferred to Clerk of Records and Writs •• •• 115 29. Duties of affidavit office to be performed by Clerks of Eecords and Writs •• 115 30. Orders in Lunacy when drawn up and signed, to be entered by the Eegistrar in Lunacy, and office copies of such orders to be furnished and signed by him, and the Acconntant- General to act upon such orders . • 116 31. Orders in Lunacy in certain cases to be acted upon in the same manner as if drawn up by the Eegistrar of the Court of Chancery 116 32. Ceriificates and reporfa of Masters in Lunacy to be only filed in the office of Begistrar in Lunacy 117 33. Forging the signature of Registrar of Lunacy, or of his seal, to be felony 117 34. Master of Reports and Entries to countersign cheques, &c. 118 35. To perform other duties as Lord Chancellor may direct . . 119 36. Account of moneys of the suitors of the court kept at the Report Office to be discontinued, and offices of Clerks of Accounts abolished 119 37. Lord Chancellor to make General Orders for carying act into effect 120 38. Orders under this act may be varied 120 89. Buties and salaries of clerks in Accountant-General's office . . 121 40. Amount of salaries to clerks of Taxing Masters . . . . 121 41. Beposits on appeals to be paid into bank, and placed to " The Appeal Beposit Account" 121 42. Persons may sell by auction under an Order of the Court of Chancery, without being liable to duty imposed by 8 & 9 Vict. c. 15 122 43. Indemnity in respect of former sales 124 44. Officers whose emoluments are diminished in consequence of this act may make claim for compensation to Commissioners of Treasury 124 45. Payments to be made to persons whose offices are abolished 125 CONTENTS. Xiii Sect. Page 46. Lord Chancellor may order pensions for retiring officers . . 126 47. Lord Chancellor may remoTe and giye pensions to disabled officers 127 48. Salaries to grow due from day to day, but to be payable quarterly out of Suitors Fee Fund 128 49. Compensation to Chaff Wax, Sec, to be paid out of Consoli- dated Fund 128 50. All other compensations and superannuation or retiring allowances to grow due from day to day, bnt to be payable quarterly out of Suitors Fund 129 51. Altoation of quarterly days of payment of certain salaries out of Suitors Fee Fund .. ' 130 52. Provisions for expenses of the officers of the court . . . . 130 63. Surplus of Suitors Fund to be from time to time carried over to and to become part of Suitors Fee Fund 131 64. ProTision in case of surplus or deficiency of Suitors Fee Fund 133 55. Interpretation of term " Lord Chancellor" 134 SECEETAEY OF BANKRUPTS OFFICE ABOLITION. 15. & 16 TioT. asB. 77. 1. Office of Secretary of Bankrupts abolished 136 2. Appointment of me Chief Begistrar ot the Court of Bank- ruptcy 135 3. Vacancies in office of Chief Begistrar to be filled up from the Begistrars 135 4. Declarationofinsolvency to be filed in office of Chief Begistrar 136 '6. Certificates of unclaimed dlvidenos to be filed in office of Chief Begistrar 136 6. Certified ixSpj of declaration of insolvency to be evidence . . 136 7. Betiiing allowance to Mr. Bobert Brown 136 8. Appointinent of Chief Clerk in the officeof the Chief Begistrar 137 9. All acts done since death of late Chief Begistrar made valid 137 10. Present Begistrar to continue 138 11. Office of Clerk of Inrolmente abolished, and duties transferred to office of Chief Begistrar 138 12. Compensation to Clerk of Inrolments 138 13. Interpretation of terms 139 14. Commencement of act 139 CONTENTS. THE AMENDMENT OF THE LAW RESPECTING THE PROPERTY OF LUNATICS. 15 & 16 Vict. cap. 48. Sect. ^'*9^ 1. Powers and provisions of the recited act extended to other cases and purposes • • • • • * Jf } 2. Modes in which fnture maintenance may be charged . . 141 3. By whom jurlsdiclion to be exercised .. .. ■• •• 142 The foregoing provisions to be incorporated with the recited act 1*2 4. Power to receive dividends of stock in lunatic's name . . 144 5. Indemnity to Bank of England, &c 144 6. Receiver may, under order, make repairs, leases, &c • • l*f 7. Interpretation of words 1*5 TRUSTEES ACT EXTENSION. 15 & 16 YiCT. CAy. 65. 1. Court of Chancery may make an order for vesting the estate in lien of conveyance by a party to the suit after a decree or order for sale .. .. 146 2. Power to make an order for vesting the estate, on refusal or neglect of a trustee to convey or release . . . . . . 147 3. Power to make an order for the transfer or receipt of divi- dends of stock in name of an infant trustee 148 4. On neglect to tranter stock for twenty-eight days, order may be made vesting right to transfer in each person as the court shall appoint 149 5. On like neglect by executor, similar order may be made . . 149 6. Bank of Englmd and companies to comply witli such orders . . 1-50 7. Indemnity to bank and companies so obeying 151 8. Power to appoint new trustees in lien of persons convicted of felony 151 9. Power to the court to appoint new trustees where there is no existing trustee 151 10. Chancellor may make^brders for appointment of trustees with- out it being necessary that it should be made in Chancery, &c 152 11. As to powers of persons intrusted with the care of lunatics . . 152 CONTENTS. XV Sect. Page 12. Act to be. construed as part of Xmstee Act, 1850 . . . . 153 13. All oideiB made under Trustee Act, 1850, or this act to be cbargeable mth tbe same stamp duty as deeds of con- veyance 153 NEW GENERAL OEDEES. General Orders, 27tli July, 1852, made in pursuance of 15 & 16 yict. 0.87 154 General Order, 28th July, 1852 155 General Orders, 7th August, 1852, made in pursuance of 15 & 16 Yict. c. 86 1S5 Table of fees annexed to last Orders 165 Forms prescribed by last Orders 165 General Order of 7tli August, 1852, as to the enrolment of decrees 170 General Orders of 16th October, 1852, made in pursuance of 15 & 1 6 Vict. 0.80 172 General Orders of 23rd October, 1852, mad^in pursuance of 15 & 16 Tict. 0. 80 187 Order of the Court of 25th October, 1852, made in pursuance of 15 & 16 Tict. c. 87 190 ADDENDA EI EBSATA. Page 13. — Fonitli line &om the bottom of note, after "may seek," for tiie comma substitute a semicolon, and after the words " there is," dele the semicolon. Page 33.— Instead of- note 30, insert " See Order of the 25th day of October, 1852, post, p. WA." Page 45, — In the twelfth line of note, after " no reason why they would," insert "not." Page 57. — Last line of note, after " may now be obtained," insert " like special injunctions." Page 99. — First line of note, in the word " contains," dele " s." Page 102.— In the third line of note 4, for " 26th" substitute " 25th." STATUTES AND ORDERS AMENDING THE PRACTICE, PROCEDURE, AND CONSTITUTION dtouxt Of aij^ancng. improvement op the jurisdiction of equity. 15 & 16 Vict. cap. 86. An Act to Amend the Practice and Course of Proceeding in the High Court of Chancery. — [1st July, 1852.] Preamble. Wheeeas it is expedient to amend the prac- i52. In the case of privileged persons, whether infant or adult (1 Ch. Cas. 16), or a member of Parliament {Carbyny. Birch, ^ ^^^"^"^ 2 Dick. 635), appearance will be compelled hj seqaestration (,;]]_ against their property, for which the court will make an order of course nisi, which will be made absolute within eight days after service thereof, unless cause be shown to4be contrary: («ee Lord CSfforcFs case, 2 P. Wms. 385 ; Butler v. Rashfield, 3 Atk. 740.) As to service, see Mackenzie v, Maa^qvis qfPowis (I Fowl. 173); Attorney-General y. Earl of Stamford (^ Dick. 744); Thomas v. Lord Jersey (^ My. & K. 398; Dan. Ch. Pr. 439, 441.) The mode of proceeding against a corporation not appearing is by a writ of distringas, on which the sheriff usually levies 40s. only; if obedience is not thereby compelled, an alias dis- tringas, on which 41. is levied, issues; then ap&sries distringas; and, lastly, a sequestration : (Dan. Ch. Pr. 443.) The court, on the application of the plaintiff, may order a soli- . citor to be assigned as guardian of an infant, or a person of weak or unsound mind not so fonnd by inqnisition, on his non-appearance, in order to appear and defend the suit: (Order XXXII., May, 1845.) A plaintiff, however, may, instead of proceeding by way of attachment or sequestration, in case a defendant does not appear within eight days after service, except when the defendant is an infant or of unsoand mind, enter an appearance for him: (Order XXIX., May, 1845; Dan. Ch. Pr. 427.) By Stat. 1 Will. 4, c. 36, s. 12, an appearance maybe entered for a person having- privilege of Parliament, on application by the plaintiff producing the return of the process of sequestra- tion issued against him. In default of a defendant pleading, answering, or demurring, not demnrring alone within six weeks qfier appearance has been entered, he incurs the following liabilities: — 1. An attach- ment may be issued against him, or, if a privileged person, an order for sequestration may be obtained. 2. He may be com- mitted to prison, and brought to the bar of the court. 3. The plaintiff may file a traversing note, or proceed to have the bill taken pro confesto against him: (Dan. Ch. Pr. 445.) When a defendant has allowed all the process of the court to be issued a<7ainst him without putting in his answer, the court will make an order that the facts of the bill shall be considered as true, or, in other terras, that the bill shall be taken pro confesso: (Dan. Ch. Pr. 473.) This order may be obtained where the defendant has not been within the jurisdiction for two years, or absconded without being served, or, after being served, to avofd subsequent process; and in the latter case, under the Orders of 6 IMPROVEMENT OP THE 15 & 16 viot said court shall be effected in the same manner 'Z^ as service of a writ of subpoena to appear to ^jid Orders answer a bill of complaint is now effected, save '"'issf."^'' only that it shall not be necessary to produce the — original bill or claim, which wifl. be on the files of the court; provided that the court shall be at liberty to direct substituted service of such printed bill or claim, in such manner and in such cases as it shall think fit. ^ Written Copies of Bill. Written 6. Notwithstanding the provisions herein- may^'be""" before Contained, the Clerks of Records and served in Writs of the said court may receive and file a certam cases, ... „ , .„ „ ^ . . ^ upon plain- Written copy 01 any bill of complaint praying a t^iiS'hf'flie ^^* ''^ injunction or a writ of ne exeat regno, a printed or filed for the purpose either solely or among fourteen Other things of making an infant a ward of the toys- said court, upon the personal undertaking of the plaintiff or his solicitor to file a printed copy of such bill within fourteen days, and every bill of complaint so filed shall be deemed and taken to have been filed at the time of filing the written copy thereof; and a written copy of any such bill of complaint, stamped as aforesaid, and with such indorsement thereon as aforesaid, may be served on any defendant thereto, and such ser- 3l8t May, 184.5, an appearance may be entered for the defendant on the application of the plaintiff: (Orders of May, 1845, 77, et seg.) As to hearing decree, and subsequent proceedines, see Dan. Ch. Pr. 479. -if s i There are no provisions in the Orders of 22nd April, 1850, to have the claim taken pro cmfeaso, or to have an appearance entered for an absconding defendant: (Smith v. Corks, 15 Jnr. 4.) » As to the mode of effecting service of subptena, see Dan Ch. Pr. 417j Smith's Handbook, 108, 111; Ayck. 37. The power given to the court to direct substituted service at its discretion will be of mncli use. JURISDICTION OF EQUITY. 7 vice stall have the same eflFect as the service of la & is vkt. a printed copy.'" "-se . Order II. No costs are to be allowed, either as jtiflnguat between party and party, or as between solicitor and issf. ' client, for any written bill or written copy of a bill, filed under the 15 & 16 Vict. c. 86, s. 6, or for any written copy thereof, served upon any defendant thereto, or for any written brief of such bill, unless the court shall, in disposing of the costs of the cause, direct the allowance thereof. * Order III. The Clerks of Record and Writs shall, at the expiration of fourteen days from the filing of any written bill or written copy of a bill, take ofp the files of the court» without further order, the bill or copy so filed, unless a printed copy thereof shall in the meantime have been filed, and the plaintifp in the suit, or his soUcitor, who shall personally have under- taken to file such printed copy, shall pay to the defen- dant all the costs incurred by him in the suit, such costs to be taxed by the Taxing Master, without further order, upon production to him of the certi- ficate of the Clerk of Records and Writs, that a printed copy of the bill has not been filed pursuant to such undertaking, and to be recoverable in like manner as costs ordered to be paid by a party in a snit to another party in a suit are now recoverable. Order IV. In heu of the fees now payable to soli- citors for instructions for bills for engrossing bills and claims, for copies of bills and claims, for abbre- viating bills and making a brief thereof, solicitors shall be entitled to charge, and be allowed in suits commenced after these orders come into operation, the fees specified in Schedule A. to these Orders. Number of Copies of Printed Bill or Claim to be furnished to Defendant. 7. The plaintiff in any suit to be commenced ^^^f '° in the said court after the time hei'einafter printed '" A plaintiff is allowed to file a written bill, in the cases mentioned in this section, as they may sometinieB not admit of the additional delay which it seems to be assnmed will take place when a bill is printed. Order II., it will be observed, gives the coort fall discretion as to costs if a written bill be s IMPROVEMENT OF THE 15 & 16 Vict, appointed for the commencement of this act "jj^ shall be bound to deliver to the defendant or his Orders solicitor, upon application for the same, such a iBsf"^ number of printed copies of his bill of complaint copiesof °^ claim as he shall have occasion for, upon bui or claim being paid for the same at such rate as shall be scribed b"' prescribed by any General Order of the Lord Chancellor in that behalf. Order V. The payment to be made by the de- fendant to the plaintilEP for printed copies of the bill or claim shall be at the rate of one halfpenny per folio. Order VI. No defendant shall be at liberty to demand from the plaintiff more than ten printed copies of bis bill or claim. Lord Chancellor. Provisions aj to filing, &c. prints of original bill extended to amend- ments. In certain cases a printed bill maybe wholly or partially amended. Amendment of Printed Bilk and Claims. 3 8. Upon the amendment of any biU of com- • plaint or claim to be filed in the said court after the time hereinafter appointed for the com- mencement of this act, the provisions herein- before contained with respect to filing and serving and delivering printed copies thereof shall, so far as may be, extend and be applicable to the bill or claim as amended: provided that where, according to the present practice of the said court, an amendment of a bill or claim may be made without a new engrossment thereof, or under such other circumstances as shall be pre- scribed by any General Order of the Lord Chancellor in that behalf, a biU or claim may be wholly or partially amended by written altera- tions in the printed bill of complaint or claim so to be filed as aforesaid." filed nnneoessarily. The 3rd Order contains very stringent regnla- bons in case a priatted bill be not filed according to the under- taking required by the act. " According to the old practice, the bill was only re-engrossed when the amendments were so considerable that they could not JURISDICTION OF EQUITY. 9 Order VII. Where, according to the present prac- 15 & 16 Vicf. tice of the court, an amendment of a bill or claim "^^ *^- may be made without a new engrossment thereof, a orders bill or claim may be amended by written alterations 7tu August, in the printed bill of complaint or claim so to be filed, '^• and by additions on the paper to be interleaved therewith, according to the directions of Order I. Order VIII. The practice of amending a defendant's copy of the bill shall, with respect to the amendment of bills filed after these orders come into operation, be abolished. Order IX. A copy of an amended bill or claim, whether upon an amendment by a reprint, or by such alterations and additions as mentioned in Order VII., is to be served upon the defendant or his solicitor ; and such copy may be partly printed and partly written, if the amendment is not made by a reprint : but in every case the copy to be served is to be stamped with the proper stamp by one of the Clerks of Records and Writs, indicating the filing of such amended bill or claim, and the date of the fihng thereof. Order X. In all cases where, according to the present practice of the court, a subpoena to appear to and to answer an amended bill may be served upon the solicitor of a defendant, service upon the defendant's solicitor of a copy of an amended bill, whether wholly printed, or partly printed and partly written, shall be good service on the defendant. be added to the record ( Venum v. Vawdry, 2 Atk. 1 1 9), and two folios of amendment introdnced continuously in any one part of the record rendered a new engrossment necessary. Where the amendments were so considerable as to blot and deface the bill, it might be taken off the file: {Boyd v. Mills, 13 Ves. 87 ; Smith's Ch. Pr. 403 ; Ayck. 29.) Where, therefore, an amend- ment to snch an extent is now introdnced, the bill or claim must be reprinted ; if not, it may be amended by written altera- tiooa, either in tlie printed bill or claim itself, and by addi- tions on the paper with which it is to be interleaved. It may here be added, that though, according to an old technical rule, matter which had occurred subsequently to the filing of the original bill could not be brought before the court by an amend- ment, but only by a supplemental bill {ArohhishopofTnrh v. StapleUm, 2 Atk. 136), by the 53rd section of the act, an amendmen ' -sontaining such matter may be made. b3 10 IKPEOVEMENT OF THE i6&i6Vict. Order XI. "Where a defendant has appeared in c. 86. person to any bill, service at the address for service Orders of such defendant of a copy of an amended bill, 7th AngnBt, whether wholly printed, or pEurtly printed and partly 1832. written, shall be good service on the defendant. Limitation of preceding Orders. Order XII. None of the preceding Orders shall apply to bills or claims filed before these Orders come into operation, though afterwards amended ; and the existing practice of the court is to continue in force, with reference to the amendment of such bills and claims. Order XIII. The existing practice of the court with reference to issuing and serving writs of sub- poena to appear to and answer bills and writs of sum- mons on claims, is also to continue in force with respect to bills and claims filed before these Orders come into operation. Power to Lord Chancellor to discontinue or suspend former Provisions of the Act. Power to 9. It shall be lavf ful for the Lord Chancellor ceuor to ' from time to time to make any order or orders BrSmt prac- directing that the provisions hereinbefore con- ticeasto tained as to printing or otherwise shall be dis- flimgof biUs, gQntinued or suspended until further order, and to direct that all or any of the present practice as to the filing of bills and claims, and the issuing and service of subpcenas and writs of summons, may be revived and come into opera- tion as if this act had not passed.'* ^^ The provisions contained in the preceding sections of the act appear to have been considered by the Legislature, as to " printing or otherwise," as somewhat in the natnre of an experi- ment, and it seems that the Lord Chancellor cdone, without the ad^oe and assistance of any of the other equity judges, has power to revive the old practice, although in other cases under the act, where General Orders are to be made, not only is their advice and assistance requisite, but the Orders so made are subject to be rescinded by the resolution of either House of Parliament: {see sections 63 and 64.") JURISDICTION OF EQUITY. 11 15 ,i costs. Order XXX. The application to be made for the costs of any impertinent matter introduced into any bill, answer, or other proceeding, is to be made at the time when the court disposes of the costs of the cause or matter, and not at any other time. Production of Documents by Defendant in Suits commenced by Bill or Claim. Court or ^^- ^^ ^^^^ ^^ lawful for the court, upon the judge may application of the plaintiff in any suit in the defendant to said court, whether commenced by bill or by produce claim, and as to a suit commenced by bill, &&, on oatti. whether the defendant may or may not have been required to answer the bill, or may or may not have been interrogated as to the possession of documents, to make an order for the produc- tion by any defendant, upon oath, of such of the documents in his possession or power relating to matters in question in the suit, as the court shall think right; and the court may deal with such documents, when produced, in such manner as shall appear just.'* " Applications for the production of docnments will here- after be made to the judges at chambers: (15 & 16 Vict. c. 80, o. 26.) Previous to this section coming into operation, the practice in these cases was for the plaintiff to charge generally in his bill that the defendant had deeds and documents relating to the matters in question in his possession. Upon this charge, interrogatories, more or less searching, according to the nature of the case, were usually introduced, so as to extort from the defendant a clear admission of the possession of the required JUBISDICTION OF EQUITY, 19 Defendants Interrogatories for the ExaminaUon '^^.'ee^'"'" of the Plaintiff in lieu of Cross Bill. — 19. It shall be lawful for any defendant in 1852. any suit, whether commenced by bill or by !„ cer^Am claim, but in suits commenced by bill which the cases defen- defendant is required to answer, not until after answer, m»y he shaU have put in a suflScient answer to the ^'^'JJ**"™^ bill, and without filing any cross bill of dis- examraation covery, to file in the Record Office of the said "'•""'"'"• court interrogatories for the examination of the plaintiff, to which shall be prefixed a concise statement of the subjects on which a discovery is sought, and to deliver a copy of such interro- gatories to the plaintifi" or his solicitor; and such plaintitF shall be bound to answer such interro- gatories, in like manner as if the same had been contained in a bill of discovery filed by the defendant against him on the day when such interrogatories shall have been filed, and as if the defendant to such bill of discovery had on the same day duly appeared; and the practice of the court with reference to excepting to answers for insufficiency, or for scandal, '^ shall extend and be applicable to answers put in to such interrogatories ; provided that in determining the materiality or relevancy of any such answer, or of any exception thereto, the court is to have documents. If such an admission was obtained, it was then competent for the plaintiff to apply to the court by motion, that the defendant might produce and leave with the Clerk of Becords and Writs the required documents: (Dan. Ch. Pr. 1662 ; Ayek. 351.) The power given to the court by this sec- tion will doubtless be found very useful, both in suits by bill and by claim; in the former case it will often render the filing of interrogatories and answers unnecessary, and will go far to make a motion for a decree an effectual means of dealing with the matters in question in the suit; in the latter case it will impart to the procedure by way of claim, an efficiency, as to discovery of documents, which it does not at present possess. '» See Dan. Ch. Pr. 691, 721, 725. 20 IMPROVEMENT OP THE 15 & iG viot. regard, in suits commenced by bill, to the state- t_f£- ments contained in the original bill, and in the Orders answer which may have been put in thereto by '"'usfl"*' the defendant exhibiting such interrogatories for — the examination of the plaintiff, and in suits commenced by claim, to the statements thereiD, and in any affidavits which may have been filed either in support thereof or in opposition Defenaant thereto : provided also, that a defendant, if he may exhibit gjjall think fit so to do, may exhibit a cross bill instead of 01 discovery against the plaintitt, instead of rogatories!^" filing interrogatories for his examination. ^ Production of Documents by Plaintiff in Suits commenced by BUI or Claim,. Upon appii- 20. It shall be lawful for the court, upon the cation of 1.. /. 1 p t ' -11 defendant application 01 any detendant m any suit, whether pkiS may.*'°™™6noed by bill or by claim, but as to suits be required commenced by bill where the defendant is re- doouments quired to answer the plaintiff's bill, not until on Oath. after he has put in a full and sufficient answer " According to the present practice, a defendant to a suit frequently files what is called a cross bill against the plaintiff in the original bill. There are two classes of cases in which this becomes ad- visable. The first, where the defendant in the original suit wishes to get irom the plaintiff admissions of facts, or the pro- duction of documents for his defence. The second is where he endeavours to set aside a deed or other instrument upon which the plaintiff to the original bill founds his claim on the ground of fraud or error, or) seeks relief upon other grounds in respect of the property or transactions, the subject of the original suit. By the 19th section it is optional in suits commenced by bill or claim either to file interro- gatories with a statement for the examination of the plaintiff, or, as heretofore, a cross bill. Interrogatories would seem to be more adapted to the former class of cases where discovery from the plaintiff is alone sought, a cross bill to the latter class of cases, where relief is also sought, and it may be necessary to enter into evidence in support of such demand: (m8 Mitf. PI. 97; Ayck. 277; Smith's Hand- book, 496.) JURISDICTION OF EQUITY. 21 to the bill, unless the court shall make any 15& levict, order to the contrary, to make an order for the t^ production by the plaintiff in such suit, on oath. Orders of such of the documents in his possession or '"'isal."'^'' power relating to the matters in question in the — suit, as the court shall think right ; and the court may deal with such documents, when pro- duced, in such manner as shall appear just.^' Commissions to take Pleas, Answers, ^c. within Jurisdiction, abolished. 21. The practice of the said court, of issuing practice of commissions to take pleas, answers, disclaimers, i*^"™? . ^ . . . ^ , ' commissions and esaminations in causes and matters pending to take in the said court shall, with respect to pleas, ™iWnThf°' answers, disclaimers, and examinations taken jnrisaiction within the j urisdiction of the court, be and the aWished. same is hereby abolished ; and any such plea, answer, disclaimer, or examination, may be filed without any further or other formality than is required in the swearing and filing of an affidavit.^^ ^> This section iDtrodaces quite a new practice, and power is given to the court, on the application of the defeiidantf of com- pelling prodnction of documents by the defendants, which will hare the effect in many cases of rendering interrogatories for the examination of the plaintiff or a cross bill unnecessary. 1 ^ According to the old practice, where a party patting in a plea, answer, or disclaimer, or about to undergo an examination, resided twenty miles out of London, he was entitled to a commis- sion. For instance, in the case of a defendant not living within that distance of London, and unable to attend at the Record Office to be sworn there, the following complicated proceeding was resorted to. A special commission was issned, directed to cert^n solicitors as commissioners of the court. This was attended vrith office fees, charges by the solicitor who took it out, and fees to the commissioners for swearing. The answer being sworn (unless what was called the oath of the messenger was, by consent, dispensed with), was kept by the commissioners until some person could be found (ordinarily the mail guard) who received it, sealed up, from the hands of the commissioners, 22 IMPROVEMENT OF THE 15 & 16 Vict, c. 86. Orders 7th Angast, 1852. Fleas, decla- rations, &c., in Chanceiy, how to be Hwom and taken in Scotland, Ireland, the Channel Islands, &c. Mode of taking Pleas, Answers, SfC, out of the Jurisdiction. 22. All pleas, answers, disclaimers, examina- tions, affidavits, declarations, affirmations, and attestations of honour in causes or matters de- pending in the High Court of Chancery, and also acknowledgments required for the purpose of enrolling any deed in the said court, shall and may be sworn and taken in Scotland or Ireland, or the Channel islands, or in any colony, island, plantation, or place under the dominion of Her Majesty in foreign parts, before any judge, court, notary public, or person lawfully autho- rised to administer oaths in such country, colony, island, plantation, or place respectively, or be- fore any of Her Majesty's consuls or vice-consuls in any foreign parts out of Her Majesty's domi- nions; and the judges and other officers of the said Court of Chancery shall take judicial notice of the seal or signature, as the case may be, of any such court, judge, notary public, person, consul, or vice-consul attached, appended, or subscribed to any such pleas, answers, dis- claimers, examinations, affidavits, affirmations, attestations of honour, declarations, acknowledg- and delirered it at the Record Office in London, npon oath that it- was in the same state as when he received it. Cliarges were incurred for this (Ch. Com. Bep. 6) ; but now, it will be observed, they are to be filed with no other formality than is required in the case of affidavits: see aho sect. 25. As to filing affidavits, tee Dan. Ch. Pr. 1435; Smith's Handbook, 78; Ayck. 322. The examinations in causes mentioned in this section mean the examinations of a defendant after decree, and not the exami- nation of witnesses, commissions to take which are rendered unnecessary by the 35th section of the act. The oath of the messenger is now dispensed with by the 25th section. JURISDICTION OP EQUITY. 23 mehts, or other documents to be used in the said is & levict. court.23 c. 86. 23. All persons swearing, declaring, aifirming, _ Orders or attesting before any person authorized by this ^""it?!""'' act to administer oaths and take declarations, p "rr:, affirmations, or attestations of honour, shall be fSy "^ liable to all such penalties, punishments, and &™'"''°^' consequences for any wilful and corrupt false swearing, declaring, affirming, or attesting con- tained therein as if the matter sworn, declared, affirmed, or attested, had been sworn, declared, affirmed, or attested before any court or persons now by law authorized to administer oaths, and take declarations, affirmations, or attestations upon honour. 24. If any person shall forge the signature or penalty for the official seal of any such judge, notary public, n"^"/ j^' or other person lawfully authorized to administer seal of oaths under this act, or shall tender in evidence impowmd any plea, answer, disclaimer, examination, affi- '" administer davit, or other judicial or official document, with this act. a false or counterfeit signature or seal of any such judge, court, notary public, or other person authorized as aforesaid, attached or appended thereto, knowing the same signature or seal to be false or counterfeit, every such person shall ^ Commissions to take pleas, answers, disclaimers or exa- minations out of the jwrisdiction are not abolished, as the 25th section clearly contemplates their being issued when necessary; bat those pleadings, and also affidavits, declarations, affirmations and attestations of hononr in canses and matters, and also acknowledgments for the enrolment of any deed in the conrt may now be anthenticated out of tJie juradicUan, in a manner which will save very considerable delay and expense, the court taking judicial notice of the seal or signature, as the case may be, of any court, judge or notary public, or person lawfully authorized to administer oaths in Scotland, Ireland, the Channel Islands, Colonies, &c., or of any of Her Majesty's Consuls or Vice-Consuls abroad. This section, it may be mentioned, is, w!th,8light additions, in the same terms as the 24th section of the Winding-up Act, 1849: (12 & 13 Vict. o. 108.) 24 IMPKOVEMENT OF THE 15 & 16 Vict be guilty of felony, and shall be liable to the "ifi' same punishment as any offender under an act Orders passed in the eighth and ninth years of the 7th Aiignst, j,g.g^ ^^ jj^j. ppgggj^t Majesty, intituled An Act — to facilitate the Admission in Evidence of certain official and other Documents.^ Filing Pleas, Answers, SfC. Answers, 25. Pleas, answers, disclaimers, or examiua- *^*"*e tions, whether taken by commission out of the oath of jurisdiction of the said court or otherwise, may messenger, ^jg gjg^ without the oath of a messenger, and any alterations made therein previously to the taking thereof shall be authenticated according to the practice now in use with respect to affidavits.^ Replication in Suits commenced by Bill. Issue may 26. In Suits in the said court commenced by flUnKTCDii-'' ^'^^' ■where notice of motion for a decree or cation as at decretal order shall not have been given, or, having been given, where a decree or decretal order shall not have been made thereon, issue shall be joined by filing a replication in the form or to the effect of the replication now in use in the said court ; and where a defendant shall not have been required to answer, and shall not have answered the plaintiff's bill, he shall be considered to have traversed the case made by the bill.26 " The panishment to' which persons, convicted under 8 & 9 Vict. c. 113, s. 4, are liable, is transportation for seven years, or to imprisonment for any term not more than three nor less than one year, with hard labour. » See ante, note ^^ to sect. 21. ™ The question will still arise for the consideration of the plain- tiff, whether a replication be necessary or not ; that is to say, ii the case made by his bill is sufficiently admitted by the answer, he may have the cause set down upon bill and answer, and no present JUHISDICTION OF EQUITY. 25 Order XXVIII. Where a defendant shall not have 15 & I6 Vich been required to answer, and shall not have answered "■ *''• the plaintiff's bill, so that under the 15 & 16 Vict, orders c. 86, s. 26, he is to be considered as having traversed 7th August, the case made by the bill, issue is nevertheless to be '_^' joined by filing a replication in the form or to the effect of the replication now in use. replication will be necessary! but as the answer will be taken to be true in every point, if the plaintiff's case be not sufficiently admitted in the answer, or if the admissions are avoided by new matter there introduced a replication will be necessary, and the plaintiff must go into evidence to prove his case if not admitted, and the defendant will be compelled to prove the allegations in the answer: (Coop. Eq. PI. 329; Dan. Ch. Pr. 796.) Replications should not be filed where the answer of a defendant, whose admission may be of importance, has not been pot in: (Stintony. Taylor, iiieae, 608; Beanley v. Abraham, 5 Hare, 214.) "By the 93rd Order of May, 1845, it is directed that no subpoBna to rejoin is hereafter to be issued, and only one repli- cation is to be filed in each cause, unless the court otherwise orders; and the replication is to be in the form set forth at the foot of this order, or as near thereto as circumstances admit and require; and upon the filing of such replication the cause is to be deemed to be completely at issue, and each defendant may, without any rule or order, proceed to examine his wit- nesses, and the plaintiff may in like manner proceed to examine his witnesses so soon as notice of the replication being filed has been duly served on all the defendants who have filed an answer or plea, or against whom a traversing note has been filed," The replication is in the following form : — « Betwee-T A. B., Plaintiff, and "CD., E.F., G.B.,&c., Defendants. " The plaintiff in this cause hereby joins issue with the defen- dant C. D. [aU the defendant who have answered or pleaded, agaiTtst whom a traversing note has been fled}, and will hear the cause on bill and answer against the defendant E. F. [all the defendamts agamat whom the cause is to be heard on bill and answer'], and on the order to take the bill^ as confessed agamst the defendant G. H. [as the case mat/ be.J' The signature of the counsel is not required to a rephoation. It is prepared by the solicitor of the plaintiff, written upon parchment, and filed with the Clerk of Records and Writs, and the solicitor must, on the same day, give notice thereof to the C 26 IMPROVEMENT 01' THE 16 & 16 Vict c-86 Dismissal oj a Bill for Want of Prosecution. 7th August, 27. Where a defendant to a suit in the said 'i^ court commenced by bill shall not have been Defendant required to answer the biU and shall not have been ""^ answered the same, such defendant shall be at required to mjerty to move to dismiss the bill for want of answer, and J , . , , , not answer- prosecution, at such times, and under such cir- moveta- cumstances, and subject to such restrictions as disraiBsai of shall be in that behalf prescribed by any General of prosecn- Order of the Lord Chancellor. tion. Order XXIX. A defendant to a suit commenced by bill, who shall not have been required to answer the bill, and shall not have answered the same, shall be at liberty to apply for an order to dismiss the bill for want of prosecution, at any time after the expiration of three months from the time of his appearance, unless a motion for a decree or decretal order shall have been set down in the meantime, or the cause shall have been set down to be heard ; and the court may, upon such application, if it shall think fit, make an order dismissing the bill, or make such other order or impose such terms as may appear just and reasonable. Evidence, Practice of 28. The mode of examining witnesses in and mode of causes in the said court, and all the practice of solicitors of all tbe defendants to whose answer the replication applies: (Order XXIII., October, 1842, Dan. Ch. Pr. 797,798.) It seems to have been the intent of the Legislature in the 25th section to draw a distinction between a case where a decree or decretal order has not been moved for, or if moved for has not been obtained, and the case where a defendant has not been required to answer and has not answered: in the former case a replication is still necessary, in the latter not, the defendant being considered to have traversed the bill. The XXIIIrd Order, however, puts both cases within the same category by rendering a replication necessary in the latter case. As to replication, see Dan. Ch. Pr. 796; Smith's Handbook, '268; Ayck. 144. JUKISDICTION OP EQUITY. 27 the said court in relation thereto, so far as such i5*i«< ;?! • t nesseatolje or witnesses out oi the jurisdiction ot the said examined court, to be examined upon interrogatories in the rogatories as mode now practised in the said court, and that now prac- with respect to such witness or witnesses the practice of the said court in relation to the examination of witnesses shall continue in full force, save only so far as the same may be varied by any General Order of the Lord Chancellor in that behalf, or by any order of the court with reference to any particular case.^^ " The mode of taking the evidence of witnesses to be Tised at the hearing by written interrogatories prepared by connsel, and administered secretly by the Examiners of the Goort or by Commissioners, is by the 28th section abolished, except where the conrt may order any witness to be examined according to the old practice, save only so far as the same may be varied by General Order (none has been yet issued npon the sobject), or by the order of the conrt as to the particalar case. The very objectionable mode of taking evidence under the old system is thus stated by the Chancery Commissioners. " The evidence" they say, " is taken by written interrogatories, upon which the witnesses are examined in prwaie, — Tume qfthe parties or their agents being present. The examination is con- ducted in London by the Examiner, a permanent oflScer of the conrt, and in the country by a Commissioner specially appointed for that purpose. The interrogatories being framed beforehand by counsel without its being certain what witnesses will be forth- coming, or what answer a witness will give to any particular question, are framed to meet the contingencies which are likely to occur, and are deemed necessary to be provided against. Several witnesses are frequently produced to hear the same facts, or to prove facts leading to the material conclusion, from ■the uncertainty whether the one witness (who, if examined orally and publicly, would have been found sufficient), has in c 2 28 IMPROVEMENT OP THE 15 & 16 Vict 29. When any suit commenced by hill shall be "ji^' at issue, the plaintiff shall, witMn such time Orders thereafter as shall he prescribed in that behalf by ^""ilsf"'*' any General Order of the Lord Chancellor, give Plaintiff, ~~~~ ~ by Ml at''' '^'^ 'J^position given sufficient evidence of the necessaty facts. The Examiner or Commissioner takes down and records the answers of the witnesses to the written interrogatories, and is under the obligation of an oath not to disclose the evidence taken. The theory of the court is, that the witnesses are subject to cross-examination; but the cross-examination by written interrogatories of witnesses, wlwae examinaiionr-m-cMef U not Jenovm, is so ineffective and dangerous that it is seldom resorted to, except where the witness is known to be friendly to the cross-examining party, and has previously communicated facts to be the subject of such cross-examination. If the wit- nesses are to be examined in the country, a special commission issues for the purpose. Formerly there was a commissioner on each side; but by a recent rule of court only one commis- sioner acts. This has diminished the expense, but has been complained of as leading to another evil, — that the acting commissioner being named by one party, it is supposed that the evidence taken on that side is taken more carefully and more favourably than the evidence on the other side. The obtaining of this commission is a matter of considerable expense. A day is appointed for opening the commission, generally at an Inn. Besides the Commissioner there is a clerk, who is also sworn to secrecy. The Commissioner is furnished vrith the interrogatories and cross interrogatories of the parties; and each witness is sent in with a note, specifying the interrogatories which are to be administered to him. The Commissioner puts the inter- rogatory to the witness, often, if not generally, being obliged to translate it into lees technical language more intelligible to the witness, whose answers are taken down and copied by the clerk. The process is very slow. The solicitors and the witnesses are in attendance during the execution of the commis- sion, which often lasts several days, and has, not un&equently lasted weeks, the Commissioner and his clerk being entitled to daily fees, and heavy expenses being incurred by the attendance of the solicitors and witnesses. The depositions being com- pleted, are sealed up by the Commissioner and returned to the Office of Records, either by himself or by some messenger on oath. A day is fixed for what is called the publication of the evi- dence: — the parties then, for the first time, get copies of the depositions, for which copies fees are of course charged. After publication no further evidence can be adduced without special leave of the court." (Ch. Com. Bep. 7.) JURISDICTION OP EQUITY. 29 notice to the defendant that he desires that the 15 & le vict, evidence to be adduced in the cause shall be taken ti!' orally or upon affidavit, as the case may be ; and Oraers if the plaintiff shall desire the evidence to be ad- "''ig"!""'' duced upon affidavit, and the defendant, or some . — or one of the defendants, if more than one, shall give notice not, within such time as shall be prescribed in J° aaa™^*"' that behalf by any General Order of the Lord evidence Chancellor, give notice to the |)laintiff or his affidavit '"' solicitor that he or they desire the evidence to be oral, the plaintiff and defendants respectively shall be at liberty to verify their respective cases by affidavit.^ Order XXXI. The time within which the plaintiff in any suit commenced by bill is to give the defendant notice of the mode in which he desires that the evi- dence to be adduced in the cause shall be taken, is to be seven days after issue joined therein ; and if the plaintiff shall not, within such time, give any such notice, or if the plaintiff shall give such notice, and shall therein desire the evidence to be adduced upon affidavit, the plaintiff and defendant respectively shall be at liberty to verify their respective cases by affida- vit, unless the defendant, or some or one of the defen- dants if more than one, shall, within fourteen days after the expiration of the said period of seven days, give notice to the plaintiff, or his solicitor, that he or they desire the evidence to be oral. 30. When any of the parties to any suit com- Evidence menced by bill desires that the evidence should ™|[]y^i^®° be adduced orally, and gives notice thereof to the required, bui opposite party as hereinbefore provided, the same ma/tocer- sfaall be taken orally, in the manner hereinafter tain cased provided ; provided, that if the evidence be order, &c. *» The option in effect given to the parties, whether the evi- dence is to be taken orally or by affidavit, will be of great utility, as in many cases (especially as we shall hereafter see, a person making an affidavit is liable to cross-examination orally,") affidavits will be qnite as satisfactory for the purpose of eliciting truth as an oral examination. 30 IMPEOVBMENT OF THE 16 & 16 Vicfc required to be oral merely by a party without a ^- sufficient interest in the matters in question, the Orders court may, upon application in a summary way, issi!'* ' make such order as shall be just. Mode of examining Witnesses orally. Witnesses to 31. All witnesses to be examined orally under by one oUhe ^^ provisions of this act shall be so examined by Examiners or before one of the Examiners of the Court, or tothepr"' by 6r before an Examiner to be specially ap- senoeoftiie pointed by the court, the Examiner bein^ fur- nished by the plaintiff with a copy of the bill, and of the answer, if any, in the cause ; and such examination shall taJse place in the pre- sence of the parties, their counsel, solicitors, or agents, and the witnesses so examined orally shall be subject to cross-examination and re- examination ; and such examination, cross- examination, and re-examination shall be con- ducted as nearly as may be in the mode now in use in Courts of Common Law with respect to a witness about to go abroad, and not expected to be present at the trial of a cause.^^ ^' The mode of examining, and if necessary, cross-examining and re-examining witnesses oralh) in the presence of the parties, their cotmsel, solicitors, or agents before an Examiner, is doubt- less a great improvement upon the old mode of conducting the examination secretly upon interrogatories ; and the cross-exami- nation, which formerly (the evidence of the parties cross- examined being unknown to the parties cross-examining), has been well characterized as a " mere farce," will become an effectiive reality. But although the improvement thus effected must be acknow- ledged to be of no small magnitude, it is to be regretted that the present constitution of the court presents an obstacle to the mode in which trnth would be best obtained, viz., by the examination of the witnesses before the covirt itself. This is the opinion of the Chancery Commissioners. " The best course," they observe, "would doubtless be to examine and cross-examine the witnesses in open court before the tribunal which has to judge according to the evidence. But, practically, JURISDICTION OF EQUITr. 31 82. The depositions taken upon any such oral is & i6 Vict. examination as aforesaid shall be taken down in "l^ writing by the Examiner, not ordinarily by Ordera question and answer, but in the form of a nar- "'^itsf.""'' rative, and when completed shall be read over to t^ ~V ,1 ;, 1 . T 1 1 « . ■, Depositions tne witness, and signed by him m the presence to be taken of the parties, or such of them as may think fit to ^SStag°ana attend : provided always, that in case the witness "^« ?™'' *» shall refuse to sign the said depositions, then the who shall ' Examiner shall sign the same, and suchExaminer ?!?? 'jif ^„ '-' J ^ Balllc 111 JJrtJ- may, upon all examinations, state any special sence of the matter to the court as he shall think fit : pro- f/Je refuse vided also, that it shall be in the discretion of *? «b?' , T-, . _ . Examiner tne Jiixaminer to put down any particular ques- may, and tion or answer, if there should appear any f^^^^ matter he ~~~~ ' may think it would be impossible to carry on the business of the Cotirt of Equity if all the evidence were taken vii'd voce before the judge, and the inconvenience to persons liable to be called as witnesses would be intolerable, if they were brought to London and kept until the cause or matter was called on, while the expense to the parties would make justice itself too dear :" (Ch. Com. Eep. 21.) It will, moreover, be observed in sections 32 and 33, that the Examiner has no power to decide upon any objection taken to the materiality or reUvaTtcy of any qnestion, or upon any demurrer by the witness to any question. The costs occasioned by any such demurrer or objection are certainly to be at the dis- cretion of the court, but it is at least doubtful whether that will be a sufficient check upon their being improperly put in or taken. If evidence was taken before the court, they would at once be decided. The Examiner with limited powers, with less control over counsel, solicitors, and parties, will, it is to be feared, be but a poor substitute for the court, and he will moreover, be unable to convey those impressions made upon his mind by the conduct and demeanour of the witnesses, the observation of which in doubtful cases, where the evidence is conflicting, and all turns upon the credibility of the witnesses, constitutes one of the chief advantages of evidence obtained by public oral examination, over that obtained by merely written interroga- tories, administered as under the old system by an Examiner in secret. It will be observed that by Order XXXIX., the existing practice will still continue with regard to cases at issue before the Orders come into operation, unless by consent, or the court otherwise order: («ee p. 38.) 82 IMPROVEMENT OF THE 16 & 16 Vict special reason for doing so ; and any question or ti2' questions which may be objected to shall be Orders noticed or referred to by the Examiner in or "'^52^*'' upon the depositions, and he shall state his — opinion thereon to the counsel, solicitors, or par- ties, and shall refer to such statement on the face of the depositions, but he shall not have power to decide upon the materiality or relevancy of any question or questions ; and the court shall have power to deal with the costs of immaterial or irrelevant depositions as may be just. If parties 33. If any person produced before any such swoTO 0? to Examiner as a witness shall refuse to be sworn, ansvrer any Qr to answer any lawful question pat to him by tions, the the Examiner, or by either of the parties, or by to™e pnr-*^ ^'^ °^ their counsel, solicitor, or agent, the same sued its ia course shall be adopted with respect to such wit- now a op j^ggg ^g jg ^^^ pursued in the case of a witness produced for examination before an Examiner of the said court, upon written interrogatories, and refusing to be sworn, or to answer some lawful Proviso as to question : provided always, that if any witness demurring shall demur or object to any question or ques- to question! tions which may be put to him, the question or questions so put, and the demurrer or objection of the witness thereto, shall be taken down by the Examiner, and transmitted by him to the Eecord Office of the said court, to be there filed ; and the validity of such demurrer or objection shall be decided by the court ; and the costs of and occasioned by such demurrer or objection shall be in the discretion of the court. Original 34. When the examination of witnesses before to b? trans- any Examiner shall have been concluded, the Se^*" ""^ original depositions, authenticated by the signa- Offlce, and ture of such Examiner, shall be transmitted by ^^- him to the Record Office of the said court, to be there filed, and any party to the suit may have a copy thereof or of any part or portion thereof upon payment for the same in such manner as JURISDICTION OF EQUITY. 33 shall be provided by any General Order of the is & le vict Lord ChanceUor in that behalf, a" t!!' 35. It shall not be necessary to sue out any Orders commission for the examination of any wit- igs^''' nesses within the jurisdiction of the said court; _ -^. and any Examiner appointed by any order of the for examina- court shall have the like power of administering neve's' Sb- oaths as commissioners now have under com- pensed -with, missions issued by the court for the examination S«rem- of witnesses.^' powered to administer oaths. Affidavits as to particular Facts, though Exami- nation Oral. 36. Notwithstanding that the plaintiff or the Affidavits as defendant in any suit in the said court may have fa^^, &c., °'^ elected that the evidence in the cause should be ""^y ^^ ''^^■ taken orally, affidavits by particular witnesses, or affidavits as to particular facts or circum- stances, may, by consent, or by leave of the court obtained upon notice, be used on the hearing of any cause, and such consent, with the approbation of the court, may be given by or on the part of married women or infants or other persons under disability. '^ ™ No General Order aa to thjs payment has been yet issned. " By this section, although commissions to examine wit- nesses within the jurisdiction are rendered unnecessary, it does not appear that they are already abolished; and, as before observed, the 28th section contemplates, in certain cases, the examination of witnesses according to the present mode. The Examiners of the Court have power to administer oaths to, and to take the affirmations of, witnesses (3 & 4 Will. 4, c. 94, B. 27) ; and Quakers and Moravians (9 Geo. 4, c. 32, s. 1, and 3 & 4 Will 4, c. 94, a. 27), or persons who have been 6ncli(l & 2 Vict. c. 77); and Separatists (3 & 4 Will. 4, c. 82) may, instead of an oath, make an affirmation or declaration in the modes prescribed by those acts. Power is given to the Chief Clerks of the judges to administer oaths, & tion of real estate where the wkole of such real estate i? vested in trustees, with power to sell, and give receipts for the rents and produce thereof. This is, in fact, an extension of the Order of 26th Angnst, 1841. It is, however, to be re- gretted that the power of proceeding summarily for the admi- nistration of real estate should be of so limited a character. Now, real estates are in all cases assets for the payment of the debts; there appears to be no reason why they should be pri- marily vested in the executors or administrators, and thus all difficulties in tliis respect would, it is beheved, be obviated. By Sir George Turner's Act on the application of executors or admmisiraior.t, an order may be obtained to take an account of the debts and liabihties affecting the personal estate of a deceased person, but then this application cannot be made until tke expi- ration of one year next after the death ofsneh deceased person; (see 13 & 14 Vict. «. 35, s. 19.) 46 IMPROVEMENT OF THE IS & 16 Vict whole of such real estate is by devise vested in ^•_ff- trustees who are by the will empowered to sell Orders such real estate, and authorized to give receipts ^*it?r°'' for the rents and profits thereof, and for the pro- — duce of the sale of such real estate ; and all the provisions hereinbefore contained with respect to the application for such order in relation to the personal estate of a deceased person, and conse- quent thereon, shall extend and be applicable to an application for such order as last hereinbefore mentioned with respect to real estate. Foreclosure Suit. Court may 48. It shall be lawful for the court, in any mortg»gai°' ^"^* ^^^ ^^^ foreclosure of the equity of redemp- property tion in any mortgaged property, upon the re- foredmure quest of the mortgagee, or of any subsequent cm such incumbrancer, or of the mortgagor, or any per- may think SOU claiming Under them respectively, to direct *'• a sale of such property, instead of a forecloBtjre of such equity of redemption, on such terms as the court may think fit to direct, and if the court shall so think fit, without previously deter- mining the priorities of incumbrances, or giving the usual, or any time to redeem ; provided, that if such request shall be made by any such sub- sequent incumbrancer, or by the mortgagor, or by any person claiming under them respectively, the court shall not direct any such sale, without the consent of the mortgagee or the persona claiming under him, unless the party making such request shall deposit in court a reasonable sum of money, to be fixed by the court, for the purpose of securing the performance of such terms as the court may think fit to impose on the party making such request.''^ <3 Where a mortgagee or other incnmbrancer institntcs a suit for the purpose of realizing his security, all the subsequent incnnibrancers who are all separately interested in contesting or reducing his demand, and in rendering their own securities arm}- jrnKISDICTION OF EQTJITT. 47 15 & 16 Vict. Misjoinder. «■ "S- 49. No suit in the said court shall be dis- 7tifing^at, missed by reason only of the misjoinder of per- 'ssa. sons as plaintiffs therein, but wherever it shall snitliot^tQ appear to the court that, notwithstanding the J^j^^^j^'^* conflict of interest in the co-plaintiffs, or the joinder of want of interest in some of the plaintiffs, or the tS coSt existence of some ground of Sefence affecting pay modify some or one of the plaintiffs, the plaintiffs, or according'to some or one of them, are or is entitled to relief, ^^^j^j^ the court shall have power to grant such relief, and to modify its decree, according to the special circumstances of the case, and for that purpose to direct such amendments, if any, as may be necessary, and at the hearing, before such amendments are made, to treat any one or more of the plaintiffs as if he or they was or were a defendant or defendants in the suit, and the remaining or other plaintiff or plaintiffs Was or were the only plaintiff or plaintiffs on the record ; and where there is a misjoinder of plaintiffs, and the plaintiff having an interest shall have died, leaving a plaintiff on the record without an in- terest, the court may, at the hearing of the cause, order the cause to stand revived as may appear just, and proceed to a decision of the cause, if it shall see fit, and to give such direc- able, are necessary parties to the suit. Preyions to this section of the act coming into operation, when the decree in sach suit was for foreclosure, the decree for foreclosure could not be pro- nounced until the priorities, inter se, of all the incumbrancers subsequent to the plaintiff, should have been ascertained, the effect of which was that the plaintiff's remedy was delayed by the necessity of settling rights between the defendants: (Ch. Bep. 19.) This inconvenience is remedied by the 48th section of the act conferring upon the court, at the request of the parties interested, the power to direct a sale instead of foreclosure, on auoh terms as the court may think fit, and without previously determining the priorities of the incumbrances or giving the usual time to redeem. 48 IMPEOTEMENT OF THE 16 & 16 Vict c. 86. Orders 7th August, 1352. No BUit to be objected to becanse only decla- tory order sought. Court may decide between tions as to costs or otherwise as may appear just and expedient.^' Declaratory Decree. 50, No suit in the said court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the court to make binding declara- tions of right without granting consequential relief." Partial Relief, 51. It shall be lawful for the court to adju* dicate on questions arising between parties, not- *' It has long been recognised as a rale of practice in equity, that where some of the persons joined as plaintiffs hare no interest {The Mayor and Aldermen of Colchetter'e case, I P.Wms. 595; Cuff -v. Platell, i Enss. 242; Makepeace v. Baytkome, «'6. 244 ; King of Spain v. Machado, ji. 225 ; Glyn V. Soares, 3 Myl. & K. 468, 472), or had conflicting interests (Hvdton v. Maddisnn, 12 Sim. 416), the bill should be dismissed on the ground of what was termed misjoinder. This technical rule was often prodnctire of great injustice, which is remedied by the powers giren to the court in this section. " The 50th and Slst sections are very important, and will e£Fect a most beneficial change in Chancery proceedings. For- merly it was a well-known rule of the comt not .to execute trusts partially, nor to aiake a decree merely declaratory. For Instance, if a question arose upon the construction of a testator's will, the court would not consider the question except in a suit for administering the estate, and after taking the accounts and ascertaining the property. The eyils caused by this rule, which had an obvious tendency to load the record with numerous parties — a fruitful source in itself alone of expense — was in some degree remedied by 13 & 14 Viet. o. 35 (Sir George Turner's Act), which enables parties, by agreement, to take the opinion of the court upon special case, and power is given to the court to enable certain parties to concur on liehalf of lunatics, married women, and infants in stating a special case. (see sections 1 to 18.) In cert^n cases, therefore, where the parties are sul juris, and can agree upon a special case, or where some of them are not sui Juris, and, therefore, cannot under this act admit any facts as against themselves, it will be better to proceed under Sir George Turner's Act; where, however, the parties are sul juris, and will not come to an agreement, pro- ceedings will, of course, be taken under this act. JURISDICTION OF EQUITY. 49 withstanding that they may be some only of the is & le vict parties interested in the property respecting lif^' which the question may have arisen, or that Orders the property in question is comprised with iss^'*' other property in the same settlement, will, or ~r.. ..^^■' ., ,. , ', ' some of the Other mstrument, without making the other par- parties with ties interested in the property respecting which caers^"^ the question may have arisei^ or interested interested under the same settlement, will, or other instru- the sutt." ment, parties to the suit, and without requiring the whole trusts and purposes of the settlement, will, or other instrument to be executed under the direction of the court, and without taking the accounts of the trustees or other accounting parties, or ascertaining the particulars or amount of the property touching which the question or questions may have arisen: provided always, Provieo. that if the court shall be of opinion that the application is fraudulent or collusive, or for some other reason ought not to be entertained, it shall have power to refuse to make the order prayed. Bills of Revivor and Supplement unnecessary. 52. Upon any suit in the said court becoming ip case of abated by death, marriage, or otherwise, or de- Sh-., of suit, fective by reason of some change or transmission ^aybe "^ of interest or liability, it shall not be necessary made, wWch to exhibit any bill of revivor or supplemental Sme effect bill in order to obtain the usual order to revive "* ^ ''"U "^ ,1 1 reviTor. such suit, or the usual or necessary decree or order to carry on the proceedings ; but an order to the effect of the usual order to revive or of the usual supplemental decree may be obtained as of course, upon an allegation of the abatement of such suit, or of the same having become de- fective, and of the change or transmission of interest or liability ; and an order so obtained, when served upon the party or parties who according to the present practice of the said 50 niPROTEMENT OF THE IS & 16 Vict, court would be defendant or defendants to the t^ bill of revivor or supplemental bill, shall from Orders the time of such service be binding on such '"'i85^°'' party or parties in the same manner in every — respect as if such order had been regularly obtained according to the existing practice of the said court ; and such party or parties shall thenceforth become a party or parties to the suit, and shall be bound to enter an appearance thereto in the office of the Clerks of Records and Writs, -within such time and in like manner as if he or they had been duly served with process to appear to a bill of revivor or supplemental; bill filed {gainst him ; provided that it shall be open to the party or parties so served, within such time after service as shall be in that behalf prescribed by any General Order of the Lord Chancellor, to apply to the court by motion or petition to discharge such order on any ground which would have been open to him on a bill of revivor or supplemental bill, stating the previous- proceedings in the suit, and the alleged change or transmission of interest or liability, and praying the usual relief consequent thereon: provided also, that if any party so served shall be under any disability other than coverture, such order shall be of no force or eflfect as against such party until a guardian or guardians ad litem shaU have been duly appointed for such party, and such time shall have elapsed there- after as shall be prescribed by any Greneral Order of the Lord Chancellor in that behalf.^ " Bills of revivor and supplement were a fmitfal sonrce of expense in Chancery procedure. They were filed when suits became abated or defective, either from the deaths of parties or some change or transmission of their interest or liability. In simple cases of revivor, which were comparatively rare, the suit on a bill being filed was revived by an order of com^e; bnt in general a bill of supplement was necessary, thus : if there was a devise, or a marriage settlement, or a bankruptcy, or insolvency, JCKISDICTION OF EQUITY. 51 Order XLIII. Any party under no disability, or is & 16 Vict under the disability of coverture, who may be served "=■ f^' with an order to revive any suit, or to carry on the orders proceedings therein, may apply to the court to dis- Tth August, charge such order within twelve days after such '''^' service; and any party being under any disability, other than coverture, who may be so served, may apply to the court to discharge such order within twelve days after the appointment • of a guardian or guardians ad litem tot such party ; and until such period of twelve days shall have expired such order shall have no force or effect as against such last- mentioned party. Supplemental Bill unnecessary. 53. It shall not be necessary to exhibit any New facts, supplemental bill in the said court for the pur- ^-^^ats- pose only of stating or putting in issue facts or ment of suit, circumstances which may have occurred after auced as °" the institution of any suit; but such facts or ("^Jf™"'^ circumstances may be introduced by way of ' amendment into the original bill of complaint in the suit if the cause is otherwise in such a state as to allow of an amendment being made in the bill, and if not, the plaintiff shall be at liberty to state such facts or circumstances on the record, in such manner and subject to such rules and a change of office, as in the case of a bishop, or incumbent, or the like, or if a new person had come into existence interested in the subject of the suit, a bill was in that case filed, to which answers were required, and all the formalities of a hostile Chancery suit gone through, in order to obtain what was called the usual supplemental decree : that is, a decree directing that the proceedings in the original suit might be carried on between the parties in the supplemental suit in the same way as between the original parties: (Ch. Com. Eep. 20.) By the 52nd section it will be observed that the same result may be obtained without any bill being filed iy cm order of cowse upon an attegatien of the abatement of such suit, or of the same having become defective, and of the change or transmission of interest or liability. jj2 52 IMPROVEMENT OF THE 15 *; 16 Vict, regulations with respect to the proof thereof, ti!" and the affording the defendant leave and oppor- Orders tunity of answering and meeting the same, as 7th Anpist, gj^^^ .^ ^j^^^ behalf be prescribed by any General — Order of the Lord Chancellor.*^ Order XLIV. If the plaintiff in any cause which is not in such a state as to allow of an amendment being made in the biU shall desire to state or put in issue any facts or circumstances which may have occurred after the institution of the suit, he may state the same, and put the same in issue by filing in the Record and Writ Clerks' OfBoe a statement, either written or printed, to be annexed to the biU; and such proceedings by way of answer, evidence, and otherwise, are to be had and taken upon the state- ment so filed, as if the same were embodied in a supplemental bill; provided always, that the court may made any order which it shall think fit for accelerating the proceedings thereunder, or proceed- ings therein, in any manner which may appear just and practicable. Accounts. ^connt ^^' •'■* ^^^^ ^® lawful for the court, in any Toquired to case where any account is required to be taken, *^ It had long been a mle of the conrt that anything which had occnrred after the institntion of the snit could not be introduced into the bill by way of amendment, because it was said, " the introduction of matters of a posterior date would render the record incongruous:" (Dan. Ch. Pr. 380 ; Ardk inshop of York v. Stapletm, 2 Atk. 136.) This merely technical mle rendered necessary a new bill, a new appearance, and a new answer, in order to bring the supplemental matter before the conrt: (Dan. Ch. Pr. 1397.) By the 53rd section facts or circumstances, which have occurred after the institution of the suit, may be introduced into the original bill by amendment if tie came it otherwise in such a state as to allow of an amendment being made. If the canse is not in sach a state as to allow of the amend- ment being made by the Order XLIV., a written or printed statement of facts to be annexed to the bill is to be filed, and proceedings taken thereon as if the same were embodied in a supplemental bill, and power of accelerating such proceedings is given to the court. JtTRISDICTION or EQUITY. 53 to give auch special directions, if any, as it may 15 & le vict. think fit with respect to the mode in which the t^' account should be taken or vouched, and such Orders special directions may be given, either by the ismT*'*' decree or order directing such account, or by ^^ ^^^ any subsequent order or orders, upon its ap- court may pearing to the court that the circumstances of ^eSj"" the case are such as to require such special ^^^ *" directions ; and particularly it shall be lawful taking same for the court, in cases where it shall think fit so to do, to direct that in taking the account the books of account in which the accounts required to be taken have been kept, or any of them, shall be taken as prima facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.'" " The utility of these powers being conferred on the conrt is apparent, as it often happened under the old system that acconnts were directed extending over a long series of years, or which had been long closed, and when by the loss of evidence, from deaths or other accidents, there was very great difficulty in vouching the accounts. By the strict practice it was neces- sary in all cases to prove each item in the account by inde- pendent evidence, though there might be no real dispute between the parties as to many of the items. The expense of this course of proceeding and the hardship to parties, especially after a great lapse of time, were very great. In many cases, also, where the acconnts were long and complicated, it was absolutely impossible to take them judicially, if all the items were questioned and vouched. Again, with respect to certain accounts, as for instance: partnership and mercantile accounts, where there are books to which both parties have had access, it is hut right that, prima facie, those accounts should be deemed accurate. The 54th section of the act does not say to whom the court is to give such special directions as to the mode of taking accounts, but it is presumed that it means that they are to be given either to the chief clerks who, under the 29th section of 15 & 16 Vict, c. 80, may, if the judge so directs, take accounts; or to an accountant or actuary, whose assistance the court may avail itself of, under the 42nd section of the last mentioned act. 54 IMPROVEMENT OF THE Orders 7th August, 1832. Court may order real estate tb be sold, if required. Sale of Real Estate before Decree on the Hearing. 55. If after a suit shall have been instituted in the said court in relation to any real estate it shall appear to the court that it will be necessary or expedient that the said real estate, or any part thereof should be sold for the purposes of such suit, it shall be lawful for the said court to direct the same to be sold at any time after the institution thereof, and such sale shall be as valid to aU intents and purposes as if directed to be made by a decree or decretal order on the hearing of such cause; and any party to the suit in possession of such estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser or such other person as the court shall direct.'** Before sale of estate abstract of title to be laid before some con- veyancing counsel. Abstract for Opinion of Conveyancing Counsel. 56. Before any estate or interest shall be put up for sale under a decree or order of the Court of Chancery, an abstract of the title thereto shall, with the approbation of the court, be laid before some conveyancing counsel to be ap- proved by the court, for the opinion of such counsel thereon, to the intent that the said court may be the better enabled to give such direc- tions as may be necessary respecting the condi- tions of sale of such estate or interest, and other matters connected with the sale thereof; and " The power conferred upon the court by this section is very nsefol, for the loss which is often occasioned by the delay of the sale nntil after the decree on fhrther directions will be avoided, and, by the time the sale is completed, all the qnestions in the cause may possibly be determined so that the money realized may be at once distributed. JURISDICTION OF EQUITY. 55 when an estate or interest shall be so put up -for 15 & levict sale, a time for the delivery of the abstract of "if!.- title thereto to the purchaser or his solicitor shall Orders be specified in the said conditions of sale.''^ ^""ilsf"'*' Time ior Allowance out of Income of Real or Personal ajii^'y "t Property, or out of Personal Property the be specified subject of Suit. . SSi"""™' 57. Where any real or personal property shall Where real form the subject of any proceedings in the Court prop™™ is of Chancery, and the court shall be satisfied that 'f p™S- the same will be more than sufficient to answer ings, court all the claims thereon which ought to be pro- "^L'^'^rt" vided for in such suit, it shall be lawful for the or the whole said court at any time after the commencement income. of such proceedings to allow to the parties in- ties interested therein, or any one or more of them, the whole or part of the annual income of such real property, or a part of such personal property, or a part or the whole of the income thereof, up to such time as the said court shall direct, and for that purpose to make such orders as may appear to the said court necessary or expedient.** *' The court will, by this section, be enabled to do what ought to be done by all private persons about to sell real estate, viz , lay the abstract of the title before conveyancing counsel. It is presumed that, under this section, each abstract will he laid before one of the counsel nominated by the Lord Chancellor under the 41st section of 15 & 16 Vict. o. 80. ^ This section will often be of the greatest benefit to suitors, who, according to the old practice, were often unable to get the income of real or personal property, or any part of personal property, the subject-matter of a suit, until a formal investigation of its amonnt and liabilities had been gone through, although it might easily have been shown, at an early stage of the cause, that there would be a clear surplus to which, or to the income of which, the suitor was justly entitled. These evils were but partially remedied by the Orders of April, 1 828, by the LXXth of which it is provided, that in all matters referred to him the Kaster shall be at liberty, upon the application of any party 56 IMPROVEMENT OP THE 15 & 16 Vict. C.86. (Mem Injunction to stay Proceedings at Law. 7th AQgust, '85g- 58. The practice of the Court of Chancery Practice as with respect to injunctions for the stay of pro- KoStortay ceedings at law shall, so far as the nature of the proceedings cage will admit, be assimilated to the practice of assi^iiSea^ such court with respect to special injunctions ^ tot^ generally, and such injunctions may be granted injunctibns. Bpoh interlocutory applications supported by affidavit, in like manner as other special injunc- tions are granted by the said courl.^' interested, to make a separate report or reports, from time to time, as to him shall seem expedient; the costs of snch separate report to be in the discretion of the conrt. By the LXXIst of these Orders it is provided, that where a Master shall make a separate report of debts or legacies, there the Master shall be at liberty to make such certificate as he thinks fit, with respect to the state of the assets, and that every person having an interest shall be at liberty to apply to the court as he shall be advised. The object of these orders was to enable the parties, when it should appear that the fimds were more than sufficient to satisfy debts and legades, to make snch applications with regard to the residne of the property, as their interests in It might authorize them to make without waiting till the general report. Thns, in a snit for the administration of assets, if the Master reported that there were debts dne by the testator remaining nnpmd, and that there was a fund available for the payment of them, application might be made to the conrt by petition to direct tbe payment of the debt. So, if tbe Master reported that tbere were no debts, the indlndoals entitled to the residue, if they had been ascertained, might apply to the conrt for the distribu- tion of the fund: (Dan. Ch. Pr. 1218, 1219.) " A great improvement is by this section e&ct«d in the practice of the court in granting injunctions. According to the old practice, where a party regmrmg diecmerg was a defendant in an action at law, and sought, by means of what was called the common injmuslicn, to stay or control the proceedings in the action until the plaintiff at law (defendant in equity) had fully answered the bill, tiie common ifgtinctumuxuo&foineei afcotme, m case a full answer was not gieea viMia a short time after the suit was commenced. The abuses occasioned by means of the common injunction are thns graphically stated by the Chancery Commissioners. " Bills," they observe, " are conlmmdBg filed, JURISDICTION OF EQUITr. 57 Order XLV. No injunction for stay of proceedings la & levict. at law is to be granted as of course for default of '• ^^■ appearance or answer to the bill. oTaei-s Power of Court. "''fsir'*' Order XLVI. The power of the court to enlarge or abridge the time for doing any act or taking any proceedings in any cause or matter, upon such, if any, terms as the justice of the case requires, is unaffected by these orders. ^ Answer to be read as Affidavit in Proceedings for an Injunction or Receiver. 59. Upon application by motion or petition to Answer of the bourt in any suit depending therein for an defendant, ostensibly Jbr discovery, the real and Icnown object being no other than to gain delay by means of injunction. In such suits, the plainUfs object is not to obtain aftM answer bvi to entrap the defendant into putting in an answer technically insufficient ; and the statements in the bill not being on oath, the case alleged as a foundation for the inquiries may be, and frequently is, wholly fictitious. The practice of the court, which in this branch, more than any other, is full of technicality is too often made an engine of mere oppression and vexation, involving the parties in litigation on points wholly beside the merits of the case : " (Ch. Com. Eep. 23.) Again, there are cases where the court interposes to restrain actions at law upon the merits, that is to say, where there are certain circumstances in the case, not cognizable in a court of law, which render it unjust that the action should go on. In these cases, as a gener^ rule, the Court of Chancery exercised this jurisdiction only by decree or decretal order, and not by interlocutory order, wUess it could be shown from the answer of the plaintiff in the action without other materials, that the action ought to be staysd. Now, the plaintiff at law might often be an executor or assignee, and ignorant of the circum- stances of the case, or his answer might be untrue; and it not unfrequently happened that after the plaintiff in the action' had been flowed to recover judgment and issue execution, the Court of Chancery, at the hearing of the cause determined upon the evidence that the action ought never to have been brought, and ordered the plaintiff at law to repay the amount recovered by him, with the costs of the action: (Ch. Com. Bep. 23.) By the 58 th section injunctions to stay proceedings at law may now be obtained upon interlocutory applioationsi d3 58 IMPEOTEMEKT OP THE 15 & 16 Vict injunction or a receiver, or to dissolve an injanc- t^ tion, or discharge an order appointing a receiver, the answer of the defendant shall, for the pur-- pose of evidence on such motion or petition, be regarded merely as an affidavit of the defendant, and affidavits may be received and read in oppo- sition thereto.*^ Orders 7th Angnst, 1852. for injunc- tion or receiver* Ac. to be regarded as an affidavit. Rectification of Mistakes in Practice and E^oeeedings. 60. In case any of the directions herein con- directionsaa Gained with respect to the practice and course of to practice, , * . t *^ i* r^i i. n etc., not foi- proceeding in the said Uourt oi Chancery snail by mistake of parties fail to be followed in any suit or proceeding in the said court, it shall be lawful for the said court, if it shall think fit, upon payment of such costs as such court shall direct, to make such order giving effect to and recti- fying such proceedings as may be justified by the merits of the case.*' lowed, court may make order and award cosls. Court of Chancery not to direct cases to be stated for opinions of Court of Common Trial of Legal Right by Court of Equity. 61. It shall not be lawful for the said Court of Chancery, in any cause or matter, to direct a case to be stated for the opinion of any Court of Common Law, but the said Court of Chancery shall have full power to determine any questions ^"^ It has long been a vexata giUEstio, on an application for a special injanctioD, or a feceiver, or the like, or when the defen- dant moved to dissolve a special injnnction, as to how far the plaintiff might read affidavits in opposition to the defendant's answer; and the mlesof the coort in which these cases sometimes admitted and sometimes exclnded snch affidavits were, to nse the language of the Chancery Commissioners, " artutrary and perhaps not clearly settled." (Ch. Com. Eep. 24.) This section settles the question. " This power given to the court to rectify mistakes in the new practice is one which will probably be of great ntihty in many cases. JURISDICTION OP EQUITY, 59 of law, which in the judgment of the said Court is & 16 viot of Chancery shall be necessary to be decided pre- "l ' viously to the decision of the equitable question yjif^^^'^gt at issue between the parties.^'' isss. 62. In cases where, according to the present Law, but to practice of the Court of Chancery, such court *«<**« f^'' declines to grant equitable relief until the legal ^^^^ ^^ title or right of the party or parties seeking determine such relief shall have been established in a pro- of^^^^ ceeding at law, the said court may itself deter- '^y^'j"^.*^ mine such title or right without requiring the outrequirmg- parties to proceed at law to establish the same.*' prooeeVto , law. " Under the old system it often happened at the hearing of the cause that irhat is termed a qiiestion of law arose, generally some question tnrning on the constraction of an act of Parlia- ment, or of a will or deed, as to which it was considered that either party if he desired it, was entitled to the opinion of a eowrt of law, and a special case was thereupon in general directed for the opinion of a court of law before whom the whole matter was discussed. This, however, proved ultimately the source of great expense, for although in former times equity judges considered themselves bound by such opinion, it became by degrees to be the practice, that if the opinion was not satisfactory to them, to send the case to another court, and: sometimes even to a third. And instances have occurred in which, after obtaining opinions from more than one court of Jaw,, the Court of Chancery has declined to adopt any of them, and has at last decided upon its own view of the case: (Ch. Com. Bep. lO.J However convenient such a practice may have been to some parties, it certainly was often most expensive to the suitor, and even assuming that equity judges are not competent to deal with such questions, still they may by a recent enactment (14 & I. '3 Vict. c. 83, s. 8), obtain the assistance of the judges of the Courts of Common Law when they find it necessary. These considerations induced Parliament to insist upon the insertion of this section in the act in pursuance of the recommendation of the Chancery Commissioners. M When the court entertained doubts as to the alleged legal rights on which the plaintiff's case was founded, it required the plaintiff in the first instance to bring an action at law for the assertion of his legal right, upon which, if he were entitled to it, he might found his equitable relief: (Dan. Ch. Pr. 1083; Ayck. 380.) The 52nd section, it will be observed, gives the court the power of determining the legal right and title without Teqniring the parties to proceed at law to establish the same. 60 IMPROVEMENT OF THE 15 & 16 Vict c. 86. Orders 7th August, 1852. Lord Chan- cellor and judges to make General Bulea and Orders for carrying pnrpoEes of this act into effect. Such- General Rules and Orders to be laid before Parliament. General Rules and Orders?^ 63. The Lord Chancellor, with the advice and assistance of the Master of the Rolls, the Lords Justices of the Court of Appeal in Chancery, and the Vice-ChanceUors, or any three of them, may, and they are hereby required from time to time to make General Rules and Orders for car- rying the purposes of this act into effect, and for regulating the times and form and mode of pro- cedure, and generally the practice of the said court, in respect of the matters to which this act relates, and for regulating the fees and allow- ances to all of5.cers of the said court and soli- citors thereof in respect to such matters, and, so far as may be found expedient, for altering the course of proceeding hereinbefore prescribed in respect to the matters to which this act relates, or any of them ; and such Rules and Orders may, from time to time-, be rescinded or altered by the like authority ; and all such Rules and Orders shaU take effect as Greneral Orders of the said court. 64. All General Rules and Orders of the Lord Chancellor, with such advice and assistance as aforesaid, shall immediately after the making and issuing thereof be laid before both Houses of Parliament, if Parliament be then sitting, or if Parliament be not then sitting, within five days However, both for the purpose of coming to a right conclusion in these cases, and in all others where matters of fact are in question between the parties, the conrt ma; still ose its power of directing an ism& to be tried by a jury. But it is probable that the alterations in the mode of taking evidence under this act will enable the Court of Chancery' to adjudicate in many cases in which issues have hitherto directed. (As to issues, tie Dan.Ch. Pr. 1055; Smith's Handbook, 584 j Ayck. 374.) ^ These have been printed with this act, except the schedules, which will be found in extemo, post, with the orders printed consecutively. JURISDICTION OF EQUITY. 61 after the next meeting thereof: provided always, is & leviot. that if either of the Houses of Parliament shall, "l ' by any resolution passed within thirty-six days 7t?^°™8t after such Rules or Orders have been laid before issa. such Houses of Parliament, resolve that the whole or any part of such Rules or Orders ought not to continue in force, in such case the whole, or such part thereof as shall be so included in such resolution, shall, from and* after such reso- lution, cease to be binding. Salaries of Examiners. 65. And whereas the present Examiners of the ^^^J,*" court have been heretofore appointed for the ceuor to purpose only of taking the depositions of wit- jj^^/of nesses in private, and upon written interroga- Examinors tories prepared by counsel: and whereas the public examination of witnesses orally, under the provisions of this act, wiU materially alter the nature of the duties, and increase the re- sponsibility of the said Examiners : be it therefore enacted, that it shall be lawful for the Lord Chancellor, and he is hereby empowered to order and direct a sum to be paid to each of the said Examiners, out of the fund intituled " The Suitors Fee Fund," from and after the first of November one thousand eight hundred and fifty- two, such a sum as shall together with the sums now payable, make up the annual sum of onfe thousand five hundred pounds: provided H Examiner always, that if either of the present Examiners cmtSne, should feel himself unable or should decline to J^Ior'S^y" continue his services in the same ofiice upon the order a. conditions provided under this act, it shall be ^"^"y j^ lawful for the Lord Chancellor to order to be Repaid to paid to such Examiner retiring an annuity of an amount not exceeding three-fourths of the salary which he has hitherto received. 62 IMPROVEMENT OP THE 15 & 16 Vict. ^— Construction of Act. Orders '"'li^™'' ^^" ^^ ^^^ construction of this Act the words — ' " Bill of Complaint" shall mean also and include aSSrftSms. information; the word "Affidavit" shall mean also and include affirmation ; the expression " Lord Chancellor" shall mean and include the Lord Chancellor, Lord Keeper, and Lords Coih- missioners of the Great Seal of the United Kingdom for the time being ; and the expression " General Order of the Lord Chancellor" shall mean General Order of the Lord Chancellor, with such advice and assistance as aforesaid.^' Order XLVIII. Interpretation of Orders : (see post.) Commencement of Act. ^™'"™^- 67. This act shall commence and take eflfect from and after the first day of November one thousand eight hundred and flfty-two ; provided that it shall be lawful for the Lord Chancellor, with such advice and assistance as aforesaid, to make and issue any such General Rules or Orders as aforesaid at any time after the passing of this act, so as the same be not made to take effect before the time appointed for the com- mencement of this act. Commencement of Orders. Order XLVII. These Orders shall take effect and come into operation on the second day of November, one thousand eight hundred and fifty-two. " Where the Lord Chancellor in any part of the act is enabled to make an Order, not being a " General Order," it would appear that the advice and assistance of any of the other judges will not be requisite. JURISDICTION OP EQUITT. 63 ScHBDUliE. Form of Indorsement on Bill of Complaint. Victoria R. To the within-named defendant, C. D., greeting. We command you ["and every of you," where there is more than one defendant'}, that within eight days after service hereof on you, exclusive of the day of such service, you cause an appearance to be entered for you in our High Court of Chancery to the within bill of complaint of the within-named A. B., and that you observe what our said court shall direct Witness ouraelf at Westminster, the day of , in the year of our reign. Note. — If you fail to comply with the above directions you will be liable to be arrested and imprisoned. Appearances are to be entered at the Record and Writ Clerks' Office, Chan- cery Lane, London. Form of Indorsement on Claim. Victoria R. To the within-named defendant C. D., greeting. Wb command you ["and every of you," where there is more than one defendant,}, that within eight days after service hereof on you, exclusive of the day of such service, you cause an appearance to be entered for you in our High Court of Chancery to the within claim of the within-named A. B. j and further, that on the fourteenth day after the service 64 IMPROVEMENT OP THE JURISDICTION, &C. hereof, or on the Seal or Motion day then next foUow- ingj you do personally or by counsel appear in the Court of our Lord Chancellor before the Vice-Chancellor [naming him], [or in the Court of our Master of the Rolls], at ten of the clock in the forenoon, and then and there show cause if you can why the said A. B. should not have such relief against you as is within claimed, or why such order as sh:^ be just with reference to the claim should not be made. Witness ourself at Westminster the day of , in the year of our reign. Note. — Appearances are to be entered at the Record and Writ Clerks' Office, Chan- cery Lane, London ; and if you neglect to enter your appearance, and either personally or by your counsel to appear in the High Court of Chancery at the place and on the day and hour above mentioned, you will be subject to such order as the court may think fit to make against you in your absence for payment or satisfaction of the said claim, or as the nature and circumstances of the case may require. MASTER IN CHANCERY ABOLITION. 15 & 16 Vict, cap.' 80. An Act to abolish the Office of Master in Ordi- nary of the High Court of Chancery, and to mahe provision for the more speedy and effi- cient despatch of Business in the said Court. — [30> MASTER IN CHANCEEir ABOLITION, 67 Esquire, two of the Masters in Ordinary of the I6 & 16 Vict. said court, shall be released from their duties as t^ such Masters ; and as often thereafter as, in the 0° firs' day judgment of the Lord Chancellor, from the state mas Term' of business in the said court, any other Master or ''^2' *"• Masters can be spared, it shall be lawful for the Lord Chancellor to release any such Master or Masters at such time or times as to him shall seem meet : provided always, that nothing in this act contained shall extend to release, or to authorize the Lord Chancellor to release, any of the Mas- ters from attendance upon the House of Lords without the order of the House : provided also. Proviso as to that if, from the nature of any particular matter matters or matters depending before either of the said defending Masters hereinbefore respectively named, it shall s^d Masters. in the opinion of the Lord Chancellor be desi- rable that such matter or matters should be worked out by or before the same Master before whom the same shall be depending, it shall be lawful for the Lord Chancellor to direct such Master to continue the prosecution of such matter or matters, and such Master shall prose- cute the same accordingly, in the same manner and with the same powers in every respect as if he had not been released from his duties under this act.^ 4. Every Master to be released by the Lord ^astcrs'to Chancellor shall have the option to retire ten- retire ac- dered to him according to his seniority in office ; senfority ° and if any such Master shall, for one calendar &»■ month after such option tendered to him, neglect or decline to avail himself thereof, then the Lord Chancellor may tender the like option to the next in succession in seniority in office, and so J'"'"/' '" 1 T 1 r^i n Lord Cban- toties quones i but when the L/ord Chancellor ceiior to ' It will be observed that the Lord Chancellor has power to direct Masters Farrer and Brongham, although released, to work ont anjr particular matter depending before them respectively. 68 MASTER IN CHANCEET ABOLITION. 15 & 16 Vict, c. 80. release remaining Masters. Masters' salaries and compensa- tion allow- ance con- tinued by way of retiring pensions, &c, Retiring pensions, Ac., to be paid in tbe same man- ner as pre- sent salaries. shall be of opinion that the services of none of the Masters are any longer necessary for the due execution of the business of the said court, it shall be lawful for him to release eveiy remain- ing Master. 5. Each one of the Masters to be so released on the first day of Michaelmas Term, one thou- sand eight hundred and fifty-two, shall never- theless continue entitled to receive during his life, by way of retiring pension, the full amount of his salary as such Master, including the amount of the compensation allowance payable to him as such Master ; and every Master who may be so released subsequently to the same first day of Michaelmas Term, one thousand eight hun- dred and fifty-two, shall also continue entitled to receive by way of retiring pension the full amount of his salary as such Master. 6. The salaries or retiring pensions and com- pensation allowances payable to the Masters so to be released shall continue or be payable out of the same funds, on the days, and in the same manner in all respects, as their present salaries and compensation allowances respectively. Power to Masters to snmmon parties, &c., and to settle and wind np proceedings before them. Additional Powers to Masters to wind up Matters, ^c. 7. In order as expeditiously as may be to wind up all the causes, matters, and things which may from time to time be depending before or have been referred to the Masters in Ordinary of the said court, it shall be lawful for every Master, at any time after the passing of this act, to summon as he shall deem fit all or any of the parties to any cause, matter, or thing so depending, or their soUcitors, and thereupon to proceed with such cause, matter, or thing, and give such directions and make such order as he may think necessary for the purpose of settling and winding up the MASTER IN CHANCEET ABOLITION. 69 same ; but any such order shall be subject to be is & levict discharged or varied by the court upon applica- Li-' tion made for that purpose ; and the Master shall be at liberty to proceed for the purposes afore- said in the absence of any of the parties or solicitors neglecting or refusing to attend the summons. 8. In case the Master shall be unable, by Power to reason of the conduct of parties, or otherwise, to MMter"'' finally dispose of any cause, matter, or thing, he ^l^t^^^'g shall be at liberty to dispose of any part thereof to make within his power, and to report or certify on the proaecSaon whole of the case ; and upon such report or cer- or flnai aia- ... , 1 11 1 11 .. posalofany tificate the court shall make such order as it suit, it, and shaU think proper on all or any of the parties, ^7^*^"!"' for the further prosecution of the suit or matter, or for the final disposal thereof, and for the pay- ment of the costs thereof, including any of the costs which may have been incurred by reason of the conduct of the parties. 9. In the event of the parties in any cause. On neglect matter, or thing, or their solicitors, refusing or ^ring mm- neglecting, within a time to be fixed by the *^'fo\f^g'' Master, to bring the Master's report or certificate conrt, before the court, the same may, by direction of l^'Sra'pee the Master, be brought before the court by the Fnnatodo solicitor for the time being to the Suitors Fund ; costs pro- and the court is hereby empowered to order pay- ^laedfor. ment of the costs and expenses of the solicitor to the Suitors Fund out of such of the funds in the cause, matter, or thing, or by such parties, as to the court shall seem just ; and in case payment thereof cannot be obtained by any of the means aforesaid, the same, by the direction of the court, may be paid out of the Suitors Fund.^ ' By the 7th, 8th, and 9th sections very important powers are conferred upon the Masters after the passing of the act, for the purpose of winding up all proceedings before them, by sum- moning all or any of the parties or their solicitors and giving 70 MASTER IN CHANCERY ABOLITION. IS & 16 Vict, c. 80. No new References to Masters except in certain Cases. No fresh 1 0. From and after the first day of Michaelmas to^MaS Term, one thousand eight hundred and fifty-two, except in ' no reference shall be made to any of the Masters Se°th.emf in Ordinary of the said court, except in cases in and in mat- which, from Some previous reference made in the ters under ^ , ^ . ,, Winding-up cause or matter, or m some other cause or matter directions and making orders, subject to appeal, even in their absence, on their neglecting or refusing to attend. If the Master cannot dispose of the whole, he may dispose of part of any cause, matter, or thing, and report or certify on the whole case, upon which the court may make an order for its further prosecution, or final disposal, and as to costs. On the refusal or neglect of the parties or their solicitors to bring the report or certificate before the court, that may, by the Master's direction, be done by the solicitor to the Suitors' Fund. These sections, with regard to the causes and matters now before tbem, constitute the Masters judges in all but the name. By the 37th section the powers here conferred upon the Masters are given to the Master of the Bolls and. Vice-Chan- cellors. The observations of the Lord Chancellor in the House of Lords, as to the beneficial results which will probably be derived from this part of the act, may be here given: — " The Masters," said his lordship, " will have, from the moment the bill passes, powers which they never before possessed. It has always been a complaint — and a very just complaint, and the reason why the Masters have themselves been visited with the consequences of the delays which have taken place in their offices — that they have no power to control suitors to proceed with the matters which have been brought before them. However anxious they might be to wind up a matter, they were utterly powerless to compel parties who were not diligent to proceed. I propose to supply by this bill the want of that power ; and at once to invest the Masters (subject to an appeal to the courl^ with power to compel the parties who have matters depending in the Masters' Offices, to go in and to wind them up, and thus entirely to dis- charge the court from any farther interference with them. I believe this will be found to be a very considerable step towards remedying the delays and abuses of which so much complaint has been made. I am disposed to give the same power to the Court of Chancery itself — that is, in future to compel parties MASTER IN CHANCKRr ABOLITION, 71 connected therewith, the court may think it ex- is & is viot. pedient to make such reference, and except in "— matters arising under the Joint Stock Companies ^l^iJIo* Winding-up Acts, 1848 and 1849: provided Untu all the always, that until all the Masters in Ordinary of ^^IJIej"^ the said court shall have been removed by resig- fr<"? •ii«i'' nation, death, or otherwise, or have been released remaining from their duties under this act, such of the o^je ^"(^8 Masters in Ordinary of the said court as shall for business the time being remain in office, and shall not be '^«p™*°b- released from their duties under this act, shall prosecute aU the business which on the first day of Michaelmas Term, one thousand eight hun- dred and fifty-two, shall be depending before the Masters, and also all the references which before the said first day of Michaelmas Term, one thousand eight hundred and fifty-two, shall have been made under decrees or orders of the court, or which on or after the same first day of Michaelmas Term shall be made in relation to such excepted matters as aforesaid ; and the same, if necessary, shall be distributed amongst such remaining Masters in such manner as the Lord Chancellor shall direct ; and the powers ^"Y'^I """^ T6St6u III and authorities now vested in them are hereby Masters reserved to them for the purpose of executing and fhemfor'" performing all the duties, matters, and things such pur- before the court to proceed with their cases, aBd not to permit them to wait from year to year, and for many years. I have tried already the efficacy of such a system when I presided in the Court of Chancery in Ireland, in orders which I had power to make, and by which I compelled parties, who had cases standing over for twenty, thirty, or even forty years to bring them on within a given time, and I have the satisfaction of knowing that before I left that country every single old case was finally disposed of:" (Hansard, Pari. Deb., vol. cxx., 799.) These sections, it will be observed, came into operation on the passing of the act. The same powers are, by sect. 37, con- ferred upon the Master of the Rolls and the Vice-Chaucellors after the 1st day of Michaelmas Term, 1852. 72 MASTER IN CHANCEET ABOLITION. Power to Master of the KoUs and Vice- chancellors to sit at chambers for the despatch of business, &c. 15 & 16 Vict, which may be still refeiTed to them, or which 1^' they may be lawfully called upon to perform.* Judges to sit at Chambers. 1 1 . From and after the first day of Michaelmas Term, one thousand eight hundred and fifty- two, it shall be lawful for the Master of the Rolls and the Vice-Chancellors for the time being and they are hereby required to sit at chambers for the despatch of such part of the business of th^ said court as can, without detriment to the public advantage arising from the discussion of ques- tions in open court, be heard in chambers, according to the directions hereinafter in that behalf specified or referred to ; and the times at and during which they respectively shall so sit shall be from time to time fixed by them respectively.^ 12, The chamber business of the Master of the Rolls and of every Vice-Chancellor shall be carried on in conjunction with his court busi- ness ; but as no rooms are attached to the Courts of the Vice-Chancellors in which such chamber business can be transacted, it shall be lawful for the Lord Chancellor to cause chambers to be Power to Lord Chan- cellor to provide chambers for the Masters of the Rolls and Vice- chancellors. * No new references, it will be observed, are to be made to the Masters, except in two cases; j!rs«, where there has been some previous reference made in the cause or matter, or in some other cause or matter connected therewith. Secondly, in mat- ters under the Winding-up Acts. ' It has not hitherto been the habit of the judges, presiding in Courts of Equity, to dispose of matters otherwise than in open court, except in cases where a private hearing has been considered important to the interests of the suitors, or on pressing occasions during vacations. In this respect the prac- tice of the Equity Judges has differed materially from that of the judges of the Court of Common Law, a large portion of the business before whom is transacted in chambers: (Ch. Com. Eep. 32.) Much good may reasonably be expected from the judges sitting at chambers to dispose of a certain kind of business. It wiU bp found particularized in the 26th section. MASTEK IN CHANCEET ABOLITION. 73 provided for every of them respectively for that 15 & 16 vict. purpose until courts with proper rooms attached t^ can be provided for them. 13. The Master of the Rolls and every of the Judges to Vice-Chancellors respectively when sitting in ^^^^ a„rt chambers shall have the same power and juris- jurisdiction -,. . . /. 1 -1 . -L ■!_ -Li as in open diction in respect 01 the business to be brought court. before them, as if they were respectively sitting in open court. • 14. The orders made by the Master of the Orders made EoUs and Vice-ChaneeUors respectively when to te ordi- sitting in chambers shall ordinarily be drawn up JJ^'J^^a*™ there by their respective clerks, to be appointed clerks, but as hereinafter mentioned, but with power to each '^rietSem of such judges to direct any of such orders to be tote drawn drawn up by the Registrar of the said court in trare of the like manner as orders made by a judge of the ™"y*j™nire said court in open court are drawn up, for which their atten- purpose the Registrars of the said court shall, chambers for when required, attend the Master of the Rolls the purpose, and the Vice-ChaneeUors respectively when sit- ting at chambers in such order and manner as sh^ be found most convenient for furthering the business of the said court, and as the Lord Chancellor, with the concurrence of the Master of the Rolls and Vice-Chancellors, or any two of them, shall from time to time by any General Order direct. 15. All Orders of the Master of the Rolls or O'^^^™^* of any Vice-Chancellor, made by him at cham- to hare same bers, shall have the force and effect of Orders of f^;^|^f„, the Court of Chancery, and such orders may be court, 4c. signed and enrolled in like manner. Chief Clerks, Junior Clerks, and Officers appointed under Act. 16. It shall be lawful for the Master of the Power to Rolls, and every of the Vice-ChanceUors for the ippS'two time being, respectively, with the approbation of Chief cierk«: E 74 MASTER IN CHANCERY ABOLITION. 16 & 16 Vict, c. 80. to each court to assist in the business of the court. Chief clerk to judges to hare been Chief Clerks to Masters in Ordinary, or solicitors or attorneys of ten years* practice. Certain Chief aerks to be Chief Clerks of three of the Equity Judges. the Lord Chancellor, to appoint two Chief Clerks, each to be respectively attached to each such judge and his successors in oflSce, for the purpose of assisting in the general business of each court, and the causes and matters belonging thereto, and on any vacancy in such office of Chief Clerk to supply such vacancy.^ 17. No person shall be appointed Chief Clerk to the Master of the Rolls or any Vice-Chancellor unless he shall have been Chief Clerk to one of the Masters in Ordinary of the said court, or have been admitted on the roll of solicitors or attorneys in one of the courts at Westminster Hall, and practised as such solicitor or attorney for the period of ten years at least immediately preceding his appointment: provided always, that George Whiting and Henry Leman, the present Chief Clerks of the said Masters hereby released as aforesaid, and Charles Pugh, Chief Clerk in the office of the Master now vacant, shall on the said first day of Michaelmas Term, one thousand ' The Chief Clerks are, it will be observed to be appointed for the purpose of assisting the judge in the general business of each court, and \>y the 23rd section tbey, as well as the Junior Clerks, are to he under the eoatrol of the judge, and are to attend and perform snch duties as he shall direct. Some of the specific duties, which are to be performed bj the Chief Clerks, are mentioned in the 29tb section. They are, evidently, not intended to perform those duties which heretofore fell to the lot of the Masters, as were of a judicial character; they are, in fact, to be assistants of, and not substitutes for, the judges. The success of the present plan will, in a great measure, depend upon the clerks being strictly confined to those subordinate duties, and upon each jndge giving up his time to seeing each suit, in all its stages, properly worked out. It is to be hoped that the Legislature will not hesitate to appoint additional judges, if it be necessary, in order to give the present scheme every chance of success, for if on account of the judges having more before them than they can properly do themselves, are compelled to delegate their duties to the clerks, many of the abuses of the Masters' Offices would again gradually, but surely be introduced. MASTER IN CHANCERY ABOLITION. 75 eight hundred and fifty-two, become and they 15 & i6 Vict, are hereby appointed Chief Clerks of three of the "i?^' said Equity Judges, and their respective suc- cessors in office. 18. It shall be lawful for the judge of each Power to court to appoint a Junior Clerk to each Chief ipp?™t° Clerk of his court, and on any vacancy in such j!,°°'" office to supply such vacancy. « 19. If any person who shall accept any office Power to under this act shall engage in any other employ- ce°Uor to m- ment whatever whilst he holds such office, or "^^^^^ shall receive any sum of money or benefit other appointed than his salary and what may be allowed or™*^J„g directed to be taken by him under any act of i" "fter Parliament or Order of the said court or of the oraccepSng Lord Chancellor, for any act done or pretended g^„[„^° ^j to be done, or any attendance given or pretended whatever to be given, either with or without the consent Sa^^Sy? or direction or pretended consent or direction of the judge, in relation to or arising out of any pro- ceeding in his office, or in any office of or con- nected with the Court of Chancery, or if such person, being or having been a solicitor or attorney, shall directly or indirectly receive or secure tohimself any continuing benefit from any business or firm in which he may have been en- gaged previously to his appointment to such office, the person so offending may be removed from his office by order of the Lord Chancellor, and shall be rendered incapable of afterwards holding any office, situation, or employment in the said court. 20. Every solicitor or attorney who shall be I"]"""""' appointed to and shall accept any office under pointed to this act shall cease to be an attorney or solicitor, nn^ej^^fs and shall forthwith procure himself to be struck act to be off the roll of solicitors of the High Court ofJou'i "^ Chancery, and off the roll of any of Her Majesty's Courts of Record at Westminster on which his name may be. £2 76 MASTER IN CHANCEBT ABOLITION. 15 & 16 Vict. 21. Every such Chief Clerk shall hold his ^J^- office during his good behaviour, and so long as Chief Clerks he shall personally give his attendance upon his offlra'during duties, and shall conduct himself honestly and good teha- faithfully in the execution of the duties of his office, but subject to the power hereinafter con- tained to remove any Chief Clerk for any cause which the Lord Chancellor and judges removing may think sufficient, and clerks 22. Every such Junior Clerk shall hold his p?e^re. ^^'^^ ^* *^® pleasure of the judge to whose court he shall be attached. Chief and 23. Such Chief Clerks and Junior Clerks shall c™rks be respectively under the control of the judge to conte5"and whose court they shall respectively be attached, direction of and shall attend at such places, during such judges. times, and for such hours in each day, and per- form such duties, as such judge shall from time to time direct. Chief and 24. Every Chief Clerk and every Junior Clerk Clerks to be appointed under this act shall be subject suyectto ^jj^ liable to such and the same prohibitions, penalties, prosecutions, penalties, and punishments, as are posed^to.' hy an act passed in the session holden in the ™&"wui 4 ^^^^^ ^^^ fourth years of the reign of King c. 94, as ' ' WiUiam the Fourth, chapter ninety-four, im- offlcS'of posed and directed with respect to persons the^Court of holding any office, situation, or employment in """"' the said Court of Chancery, or under any of the judges or officers thereof, in the same manner as if the enactments therein contained, relating to such officers of the said court respectively, were here repeated." ' 3 & 4 Will. 4, c. 94, a. 41, enacts, that if an; Master in Ordinary of the High Conrt of Chancery, or any person hold- ing any office, sitnation, or employment in any office of the said court, or under any of the jndges or officers thereof, shall for anything done or pretended to be done relating to his office, sitnation, or employment, or under colour of doing anythini' Chancery. MASTER IN CHANCEHr ABOLITION. 77 25. It shall be lawftil for the Lord Chancellor, is & i6 vict. with the concurrence of the Master of the RoUs 'z^' and Vice-ChanceUors for the time being, or any Power to two of them, by any Order to remove any Chief ceiior, with Clerk to be appointed under this act from his concurrence office, without stating any cause for such to remove removal. Chiefcierks. Business and Mode of Procedure in Chambers. 26. The business to be disposed of by the Bnaness to Master of the Rolls and Vice-ChanceUors re- of in chS- spectively, while sitting at chambers shall con- S*/ '''* sist of such of the following matters as the judge shall &om time to time think may be more conveniently disposed of in chambers than in open court ; videlicet, applications for time to plead, answer, or demur; for leave to amend bills or claims ; for enlarging publication ; and also applications for the production of docu- ments; applications relating to the conduct of suits or matters ; applications as to the guardian- ship and maintenance of infants ; matters con- nected with the management of property ; and such other matters as each such judge may from time to time see fit, or as may from time to time relating to his office, situation, or employment, wilfully take, demand, receive or accept, or appoint or allow any person what- soever to take for him, or on his accoant, or for or on account of any person by him named, or in trust for him or for any other person by him named, any fee, gift, gratuity, or emolu- ment, or anything of valne, other than what is allowed or directed to be taken by him as aforesaid, the person so offending, when dnly convicted, shall forfeit and pay the sum of five hundred pounds, and shall be removed from any office, situation, or employment he may hold in the said court, and shall be rendered and is hereby rendered incapable for ever thereafter of holding any office, situation, or employment in the said court, or otherwise serving His Majesty, his heu-s, or successors. Section 42 enacts that any such offender may be prosecuted either by information at the suit of His Majesty's Attorney- General, or by criminal information before His Majesty's Court of King's Bench, or by indictment. 78 UASTER IN CHANCEET ABOLITION. 15 & 16 Vict be directed by any General Order of the Lord '_f^ ChanceUor.8 Judges may 27. It shall be lawful for the Master of the opcncourt ™ Rolls and every of the Vice-Chancellors re- i"! rt"*"^' spectively, when sitting in open court, to adjourn versa, the for Consideration in chambers any matter which, ticra'of^ny '" ^^^ opinion of such judge, may be more con- matter, veniently disposed of in chambers, or, when sitting in chambers, to direct any matter to be heard in open court which he may think ought to be so heard.* Mode of 28. The mode of proceeding before the Master beforejndfea of the Eolls and Vice-ChanceUors respectively at tobe™''^" chambers shall be by summons,'" and as near as aummona as may be according to the form now adopted by the Mammon j^jggg ^f ^■^^^ Superior Courts of Common Law when sitting at chambers. ^aTlsto "^ ^^' ^'°^ ^^^ ^^"^ ^^^ fi^'st ^ay of Michael- direct what mas Term one thousand eight hundred and matters, &o.. fifty-two the Master of the Rolls and the Vice- heard ana Chancellors respectively shall have the sole by ffie£ power (subject to any rules which may be made whlfb™* ^y *^® ^^^ Chancellor with the advice and their Chief assistance of them or any two of them) to order "~'^~ what matters and things shall be investigated by and before their respective Chief Clerks, either with or without their direction, during their » As to Orders and Directions whether originating in chambers or not, see pott, Order 16th October, 1852, from Order VIII. to Order XV. As to proceedings in chamliers, tee ii., Order XVI. to Order LVI. Deeds and documents are to be deposited in the Eecord and Writ Office, Order LVII. As to the mode of filing and stamping a sammons for such applications, «ee poet, Order IV. of the Order of the 16th of October, 1852. ' The power of adjourning by this section ^ren to the jadge will be the means of saving the suitors the expense of getting an order drawn up, and entered at the Begistrar's office. '" As to the mode of proceeding before judges at chambers «e« Bagley's New Prac. 189 ; 2 Archbold Prac. 1432. And tee pott, Orders I., III., IV., V., VI., VII., of the Order of the court of the 16th day of October, 1852. Clerks. MASTER IN CHANCERY ABOLITION. 79 progress, and what matters and things shall be is& levici, heard and investigated by themselves ; and par- "l^ ticularly, if the judge shall so direct, his Chief Clerks respectively shall take accounts, and make such inquiries as have usually been prosecuted before the Chief Clerks of the present Masters ; Ei?5itto and the judge shall give such aid and directions Mng any in every or any such account or inquiry as he th^ndl'^.'^ may think proper, but subject nevertheless to the right hereinafter provided for the suitor to bring any particular point before the judge himself." 30. Each Chief Clerk shall, for the purpose Power to of any proceedings directed by the Master of the S^ssne adl' Rolls or any Vice- Chancellor to be taken before Tertisemems , . , / „ . ^ . and sum- nim, nave lull power to issue advertisements, to monses, to summon parties and witnesses, to administer oaSs°&ayas oaths, to take affidavits and acknowledgments, thejuage other than acknowledgment by married women, to receive affirmations, and, when so directed by the judge to whose court he is attached, to examine parties and witnesses either upon inter- rogatories or viva voce, as suchjudge shall direct."' " It is a most nsefhl provision, that wliile matters are being investigated, or accounts taken before the Chief Clerk, any par- ticnlar point maj be bronght before the judge himself: (see also 33rd section.) For instance in accounts, two or three questions may arise as to the mode in which they are tx> be taken, and when that is once decided by the judge, perhaps little remains to be done, whereas under the old practice long accounts were often taken by the Master, and then afterwards on its being decided by the judge that he had proceeded upon a false prin- ciple, it became necessary to go through them all again. " The power by this section given to the Chief Clerks, of examining partiei and imtneases, either upon interrogatories or vim voce, would, at first sight, seem to be greater than ought to be intrusted to those officers, but it wUl be observed, that he can only exercise it when so directed by the judge; and it is presumed in all cases out of the ordinary routine of business, and when the evidence is likely to be of a conflicting or doubtful character, and much may turn upon the observation of the conduct and demeanour of the parties, that the judge will require the examination to be conducted before himself. 80 MASTER IN CHANCERY ABOLITION. 16 4 16 viot. 31. Parties and witnesses so summoned shall "l^ be bound to attend in pursuance of any such Parties, &c., summons, and shall be liable to process of con- not attend- , , . T1 ,■ .. ing liable to tempt, in uke manner as parties or witnesses are contempt ^'"^ liable thereto in case of disobedience to any and to penal- order of the said court, or in case of default in sweartog^ '* attendance, in pursuance of any order of the *<=• said court, or of any writ of subpoena ad testi- ficandum ; and all persons swearing or afiirming before any such Chief Clerk shaU be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing or affirming contained therein as if the matters sworn or affirmed had been sworn and affirmed before any person now by law authorized to administer oaths, to take affidavits, and to receive affirmations." Proceedings before Chief Clerk. Eesuit of 32. The directions to be given by the Master before cwef of the Rolls or any Vice-Chancellor for or touch- emtaiu^d in ^'^S ^^7 proceedings before his Chief Clerk shall form of short require no particular form, but the result of certificate, g^^jj proceedings shall be stated in the shape of a short certificate to the judge, and shall not be embodied in a formal report, unless in any case the judge shall see fit so to direct ; and when the judge shall approve of such certificate or report he shall sign the same in testimony of his adopt- ing the same.'* As to form of summons, see post, Order II. of Order of 16th of October, 1852. As to the mode of taking examinations see 32nd, 33rd, and 41st sections of 15 & 16 Vict. c. 86. By the 41st section, evidence stAsequently to the hearing is to be taken as nearly as may be in the manner provided vrith reference to the taking of evidence with a view to such bearing. " As to process of contempt see Dan. Ch. Pr. 862, 884, 1023; Smith's Handbook, 119; Ayck. Prac. 57. " This and the three foUsiwing sections are evidently framed with much care, i n order to avoid any recurrence to the pro- MASTER IN CHANCEKT ABOLITION. 81 33. No exceptions shall lie to any certificate is anevict. or report of the Chief Clerk, although signed "l!!- and adopted by the judge ; but any party shall, Noexcep- either during the proceedings before such Chief certMcate,'" Clerk, or within such time after such proceedings *°- shall have been concluded, and before the certi- ^^^^ ficate or report shall have been signed and take opinion adopted, as the Lord Chancellor shall by any ^pinX Greneral Order direct, be at liberty to take the paF««niar opinion of the judge upon any particular point or '"'" ' matter arising in the course of the proceedings, or upon the result of the whole proceeding, when it is brought by the Chief Clerk to a conclusion. 34. When any certificate or report of the CertMcate, Chief Clerk shall have been signed and adopted ^sfl^M by the judge the same shall be filed in like by jnage, manner as reports are now filed, and shall au palfies! thenceforth be binding on all the parties to the '^^^ ?*- CnftTETCQ or proceedings, unless discharged or varied, either varied. at chambers or in open court, according to the nature of the case, upon application by summons or motion within such time as shaU be prescribed in that behalf by any General Order of the Lord Chancellor ; and nothing herein contained shall prejudice or afiectthe power of the court at any time to open '^ any such certificate or report lixity of references and reports nnder the old system; directions to tlJe Chief Clerk, it will be observed, are to be given in ?io particular form, and the result of the proceedings before him is to be stated in a sluyrt certificxUe, nnless the jadge thinks a /ormal report necessary. As to the form of the certificates, or reports of the Chief Clerks, see post, Orders XLV. and XL VI., of the Order of the 16th day of October, 1852. As to the time within which the opinion of the judge may be taken, and other particulars as to the certificates of the Chief Clerks (see Orders XL VII., XL VIII., XLIX., L., LI., LII., and LIII., of the Order of the 16th day of October, 1862, posf) 's The court in general will only review a Master's report a/ier confirmation in cases of fraud, surprise, or mistake (Drought v. Redford, 1 Moll. 573), and then only it seems E 3 82 MASTER IN CHANCEEY ABOLITION. 15 & 16 Vict, upon the same or the like grounds as any report t^' of a Master of the said court which has been absolutely confirmed may now be opened. Powers given to Judges. Sections 13, 35. From and after the first day of Miehael- l*&Twm!\, mas Term one thousand eight hundred and fifty- o-94>™- two, the thirteenth, fourteenth, and fifteenth ^™ ' sections of the act passed in the session of Parliament holden in the third and fourth years of the reign of His Majesty King William the Fourth, chapter ninety-four, shall be repealed.'* An powers 36. From and after the first day of Michael- SS^te?^''^ nias Term one thousand eight hundred and be exercijed fifty-two all Or any of the powers, authorities, yjn ges. ^^^ jurisdiction given to the Masters in Ordinary of the said court by any act or acts then in force may be exercised by the Master of the Rolls and Vice- Chancellors respectively." Power to 37. From and after the first day of Michaehnas judges to '' when a stroog case is made oat (TWner v. Ttimer, 1 Jac. & W. 39), and when a report has been confirmed, and followed by a decree of the Master of the Bolls, containing consequential directions, it is not competent to the Lord Chancellor to order the Master to review his report, whilst the decree stands (^Turner v. Turner, 1 Swanst. 154), as the canse onght to be reheard, bat a very strong case oaght to be made ont, even then, to indace the conrt to allow of a discassion of the report: (Tamer v. Turner, IJ. & W. 42; Dan. Ch. Pr. 1241.) >° The sections hereby repealed gave the Masters power to determine all applications for time to plead, answer, or demur, and for leave to amend bills, &c. and provided that no snob applications were to be heard by the jadgee except on appeal, &c., &c. By sect. 26 the judge will have power to make Uiese orders at chambers. " This very necessary clause was added to the bill by amendment. And by Order LVIII. of the Order of the 16th day of October, 1852, the powers and authorities given to the Masters in Ordinary of the Court of Chancery, by any Gener<^ Order or Orders of the court, may be exercised by the judge sitting in chambers. How far power of judge at chambers is un- affiujtedby Orders,teeOrderLIX.of Orderof 16th October, 1852. MASTER IN CHANCERY ABOLITION. 83 Term one thousand eight hundred and fifty-two n& revsct. the powers given to the Masters in Ordinary of t^ the said court, and to the court, by sections seven, exercise the eight, and nine of this a,ct, may be exercised by SyllJuonrT^ the Master of the EoUs and Vice- Chancellors ?™* ?"' , , , , this act, and respectively with respect to causes, matters, and to dispose of things which may be depending before them & vict. shall conduct the business of their respective t^ offices, as nearly as may be, in the manner in which similar business shall be conducted by the Master of the Rolls and Vice- Chancellors respec- tively, save only that the Master, instead of com- municating directly with the judge, is to report shortly the result of his inquiries to the court.^' Conveyancers' Opinions, and Assistance of Ac- countants, Merchants, Engineers, and Scientific Persons. 40. From and after the first day of Michael- Power to mas Term one thousand eight hundred and fifty- IStK's two it shall be lawful for the court or for any totaie judge thereof when sitting at chambers to receive S'^ano and act upon the opinion of conveyancing counsel in^°,™„°^ in actual practice, to be nominated as hereinafter roatters. mentioned, in all cases in which, according to the present practice of the court and of the Master's Office, it has been usual for the Master to require or receive the opinion of Conveyancing Counsel for his aid and assistance in the investigation of the title to an estate, with a view to an invest- ment of money in the purchase or on mortgage thereof,^^ or with a view to a sale thereof, or in the settlement of a draft of a conveyance, mortgage, settlement, or other instrument, or otherwise, and in such other cases as the Lord Chancellor shall by any General Order direct ; but it shall be competent for any party to object oWecUo'''' to any opinion of any such counsel when he shall such opinion. " B7 this section the mode of conducting business in the Masters' offices is assimilated to that in which it is to be con- ducted by the judges. The Masters, however, it is presumed will, by communicating directly with the judge, like the Chief Clerks, be able to take his opinion upon any particular point, . and then to state briefly the result of his inquiries, from which the parties may appeal. « iSee 15 & 16 Vict. 0. 86, s. 56, Bennett, 154. 86 MASTER IN CHANCERY ABOLITION. 16 & 16 Vict, deem it open to objection, and thereupon the t^' point in dispute shall be disposed of by the court, which may or bv the iudsre sitting in chambers, accordine to be disposed ^, ^ , '' »°^, °.,, ° otbiebiim- the nature of the case.'^ bwsoropen 4 J. It shall be lawful for the Lord Chancellor to nominate any number of conveyancing counsel Lot^" han- 1° actual practice, not less than six,^ who shall ceUor to havc practised as such for ten years at least, to nomlnatenot , ,, * . i i - ■ 1cm than six be the conveyancing counsel upon whose opinion ing coimMi ^^^ court, or any judge thereof, may act in any of of ten years' the cases last before mentioned, and to supply practice, Ac. yg^ga^gjeg in guch Ust from time to time, and to distribute the business among such counsel in such order and manner as to the Lord Chancelbr shall seem fit. Power to 42. It shall be lawful for the said court, or SJnM*of any judge thereof, in such way as they may accoimtants, think fit, to obtain the assistance of accountants, &c. ' merchants, engineers, actuaries, or other scien- tific persons, the better to enable such court or judge to determine any matter at issue in any cause or proceeding, and to act upon the certifi- cate of such persons. ^ Mmtefto ^^' '^^® allowances in respect of fees to such regjiiate fees Conveyancing counsel, accountants, merchants, amdng*^" engineers, actuaries, and other scientific persons « Set Dan. Ch. Pr. 1169. w The Lord Chancellor has nominated as conveyancing couosel, nnder the power conferred upon him by this section, the following gentlemen: Mr. Brodie, Mr. Coote, Mr. Christie, Ml-. Hayes, Mr. Jarman, and Mr. Lewin. " The power given to the court to obtain the assistance of acconntants, merchants, engineers, actuaries, or other scientific persons, and to act upon their certificate is novel, but the practical experience and knowledge of such persons will, as observed by the Chancery Commissioners, be of great utility in many cases, and althongh doubtless questions will arise, upon which the parties will desire to have the opinion of the court, they will be reduced in number, and will be presented to the court in such a shape as to be more easily dealt with and disposed of: (Ch. Com. Kep. 35.) MASTER IN CHANCERY ABOLITION. 87 shall be regalated by the Taxing Master of the 15& leviot. said court, subject to an appeal to the judge to 1^" whose court the cause or matter shall be attached, counsel, &=., whose decision shall be final. appea" *" Salaries, Tensions, and Compensations to Chief and Junior Clerks. 44. There shall be paid to ev^ery Chief Clerk salary of of the Master of the BoUs and Vice-Chancellors paid to each respectively the net yearly salary of one thou- ^^^S"^' sand two hundred pounds, and to every Junior each Junior Clerk to be appointed under this act the netpo^^;^'^e yearly salary of two hundred and fifty pounds ; L^a Chan- and it shall be lawful for the Lord Chancellor time to time from time to time by any order to direct that '"^e^t'^" the salary of any such Chief Clerk as aforesaid i,600i. and may be increased from time to time until the tSreiyf°*''^°' same shall amount to the net yearly sum of one thousand five hundred pounds, and to direct that the salary of such Junior Clerk may be increased to the net yearly sum of three hundred pounds : provided always, that no such increase shall be made to any such Chief Clerk until he shall have been in office for three years, nor to such Junior Clerk until he shall have been in office five years, nor in either case without a certifi- cate from the judge to whose court such Chief Clerk or Junior Clerk shall be attached, that he has conducted himself in such office to the entire satisfaction of such judge: provided also, that the salary to such Chief Clerk shall not be increased at any one period by any greater amount than the sum of one hundred pounds. 45. It shall be lawful for the Lord Chancellor, Pensions to with the consent of the Commissioners of Her juSof* Majesty's Treasury, by any order made on aCierks^^^ petition presented to him for that purpose, to permanent order (if he shall think fit) to be paid to any '°fl™"y- person executing the office of Chief Clerk or 88 MASTER IN CHANCERY ABOLITION. 15 & 16 Vice. Junior Clerk to the Master of the Rolls or any t^' of the Vice-Chancellors, who shall be afflicted with some permanent infirmity disabling him from the due execution of his office, and shall be desirous of resigning the same, an annuity not exceeding two third parts of the yearly salary which such person shall be entitled to at the time of presenting such petition, to be paid and payable at the same times and out of the same funds as compensations under this act are directed to be paid. On retire- 46. It shall be lawful for every person who on Masters, the first day of Hilary Term one thousand eight their Chief hundred and fifty-two held the office of Chief Clerkstobe ^., , ^'^^ ti*- . ^ t /. , entitiea to Clerk to any of the Masters m Ordinary of the pensions of ^^^^ Court of Chancery, and who is not hereby Biuneamount appointed a Chief Clerk to the Master of the as sa ai7, jjQjjg qj. ^q Qjje of the Vice-ChanceUors under the authority of this act, upon the Master to whom he shall be such Chief Clerk being re- leased from the duties as such Master under the authority of this act, or upon the death or resignation of any such Master previously to his being so released, to continue to be entitled to receive during his life, by way of retiring pen- sion, the full amount of his salary as such Chief Clerk, such salary to be paid and payable out of such funds and in such manner as hereinafter in that behalf directed, rompensa- 47. It shall be lawful for any person who on Junior the Said first day of Hilary Term one thousand aerks on eight hundred and fifty-two held the office of retirement of *-°, -^, . -,*' .y-i,. n t Masters. Jumor Clerk to any Master m Ordinary ot the said Court of Chancery hereby released, or who shall be released by the Lord Chancellor under the authority of this act, to make a claim lor compensation to the Commissioners of Her Majesty's Treasury for the time being, at any time after the Master in whose office he shall have been employed shall have been released ; MASTER IN CHANCERY ABOLITION. 89 and such commissioners are hereby required, i5 & 16 vict. within the space of six calendar months after °'^°" every such claim shall be made, by examination upon oath or otherwise, which oath they and every of them are and is hereby authorized to administer, to inquire whether any, and, if any, what compensation ought to be made to such person claiming such compensation; and in all cases in which it shall appear to the said com- missioners that compensation ought to be granted, it shall be lawful for the said com- missioners, by warrant under their hands, to order and direct that such annual compensation shall be made to the persons claiming such com- pensations as aforesaid, or any of them, as to the said commissioners in their discretion shall seem just and reasonable; and all such compen- sations shall be paid and payable out of such funds and in such manner as hereinafter in that behalf directed : provided always, that an account of all such compensation shall, within fourteen days next after the same shall ^e so granted, be laid on the table of the House of Commons, if Parliament shall be then assembled, or if Parliament shall not be then assembled, then within fourteen days after the meeting of the Parliament then next following, 48. Except as herein otherwise provided, aU Salaries, Ac, salaries under this act shall grow due from day to q^rteriy day, but shall be payable, under an order of the g°*j?"?® Lord Chancellor, on the third day of February, Fee rmd the third day of May, the third day of August, ^°"=*™*- and the third day of November in every year, or on such other days as the Lord Chancellor shall from time to time by any order direct, and shall be paid to the parties entitled thereto, or their respective executors or administrators, out of the fund standing in the name of the Accountant-General of the Court of Chancery, to the account intituled " The Suitors' Fee Fund 90 MASTER IN CHANCERY ABOLITION. 15 & 16 Vict. C.80.V Payment of compensa- tions to be made quar- terly out of Farliamen- tary secu- rities. On appoint- ment of Masters or clerks to office or employment under the Crown, the retiring Account," but subject and without prejudice to the payment of all salaries and other sums of money by any former act or acts now in force directed or authorized to be paid thereout. 49. Except as herein otherwise provided, all compensations under this act shall grow due from day to day, but shall be payable on the third day of February, the third day of May, the third day of August, and the third day of November in every year, or on such other days as the Lord Chancellor shall from time to time by any order direct, and shall be paid to the parties entitled thereto, or their respective executors or admi- nistrators, out of the interest and dividends of the Government or Parliamentary Securities now or hereafter to be placed in the name of the Accountant- General of the Court of Chancery to the two accounts intituled " Account of Moneys placed out for the Benefit and better Security of the Suitors of the High Court of Chancery," and "Account of Securities pur- chased with surplus Interest arising from Secu- rities carried to an Account of Moneys placed out for the Benefit and better Security of the Suitors of the High Court of Chancery," or either of them, by the Governor and Company of the Bank of England, by virtue of any order or orders of the Lord Chancellor to be made from time to time for that purpose, with- out any draft from the Accountant-General, but subject and without prejudice to the payment of all salaries and other sums of money by any former act or acts now in force directed or authorized to be paid thereout. 50. If at any time hereafter any of the Masters in Ordinary of the said court, or any of their Chief or Junior Clerks, shall be appointed to and shall accept any office or employment connected with any court of law or equity, or under the Crown, or in any public department under the MASTER IN CHANCEET ABOLITION 91 Crown, and if the salary attached to such office is & levict. or employment, or any retiring pension or allow- t^ ance in respect thereof, shall equal or exceed in pension or amount the retiring pension or compensation «on''nnte- payable to such Master or such Clerk under this ^^tea'by' act, such last-mentioned retiring pension or com- the salary, pensation shall, during the continuance of such *ffloe''orem. Master or such Clerk in such office or employ- pioyment. ment, or so long as he shall be in the receipt of any retiring pension or allowance in respect thereof equal to or greater than his retiring pension or compensation under this act, cease to be payable to such Master or such Clerk, as the case may be; and if the salary attached to such office, or the retiring pension or allowance in respect thereof, shall be less than the amount of auch Master's retiring pension or such Clerk's compensation under this act, such retiring peti- sion or compensation under this act shall be reduced by the amount of such salary or of such retiring pension or allowance, as the case may be. Masters' Offices in Southampton Buildings. 51. Such of the Masters' offices in Southamp- ^^^^^f^ ton-buildings, Chancery-lane, as shall not be Masters' assigned by the Lord Chancellor as chambers §fnthaSp- for the Master of the Rolls and Vice-Chancellors ton Build- respectively, or shall not be required for the™*^ Masters, shall be appropriated to any other pur- poses connected with the Court of Chancery as the Lord Chancellor may from time to time direct, or the same may be let as chambers, and the rent thereof paid to the Suitors' Fund; and when all the Masters have resigned, died, or have been released under this act, the offices may be sold by order of the Lord Chancellor, and the proceeds of such sale paid to the Suitors' Fund, in such manner and to such particular account as the Lord Chancellor shallby any order direct; 92 MASTER IN CHANCEEr ABOLITION. " Vlo^'"'' ^^^ ^* ^^^^^ ^^ lawful for the Lord Chancellor by — any order to direct that the premises so to be sold, and the fee simple and inheritance thereof, shall vest in the purchaser or purchasers of the same, his or their heirs and assigns, or as he or they shall direct; and such order shall have the effect of vesting the same accordingly, without any conveyance or . other assurance from Her Majesty, in whom the same are now vested by virtue of an act passed in the thirty-second year of the reign of King George the Third, chapter forty-two.°* Power to Her Majesty to appoint a Vice- chancellor as successor to Sir G. J. Turner. Appointment of Vice- Chancellor. 52. And whereas by an act passed in the fifth year of the reign of Her present Majesty, session one, chapter five, Her Majesty was by section nineteen empowered to appoint, by letters patent under the Great Seal, two fit persons to be addi- tional Judges Assistant to the Lord Chancellor in the discharge of the judicial functions of his ofiice, each of such additional judges to be called Vice-Chancellors ; and by section twenty-one it was provided, that nothing therein contained should authorize the appointment of a successor to the Vice-Chancellor secondly appointed under the authority of the said act ; and whereas by " In connection with tliis section, a passage from a speech of the Lord Chancellor in the House of Loids may be given, clearly showing what is his opinion as to the natnre of the duties to be performed by the Chief Clerks. After expressing a wish that the Chief Clerks should occupy rooms annexed to the courts of the judges, his Lordship adds : " I make a great point of this. I am most anxious that the new clerks shall not find their way to Southampton Buildings. I feel satisfied that, at such a distance from the judges, and from old associa- tions, and from the class of persons they will be likely to meet there, they will act as if they were masters and not clerks ; and I am afraid the scheme would never answer:" (Hans. Pari. Deb Vol. cxx., 801.) MASTER IN CHANCERY ABOLITION. 93 an act passed in the session holden in the four- is & is vict. teenth and fifteenth years of the reign of Her °_^' present Majesty, chapter four. Her Majesty was by section one empowered to appoint, by letters patent under the Great Seal, a fit person to be an additional Judge Assistant to the Lord Chan- cellor, in discharge of the judicial functions of his office, in the place of the Right Honourable Sir James Wigram, Knight, who was the Vicc- Chancellor secondly appointed under the autho- rity of the said act of the fifth year of Her Majesty, and who had resigned the office of Vice- Chancellor to which he had been so ap- pointed : and whereas the Right Honourable Sir George James Turner, Knight, is the Vice- Chancellor appointed under the said last-men- tioned act : and whereas by section nine of the same act it was provided, that nothing therein contained should authorize the appointment of a successor to the Vice-Chancellor appointed under the authority thereof: and whereas by virtue of this act additional duties will devolve upon the judges of the said court, and it is expedient that any vacancy which may occur in the said office of Vice-Chancellor should be supplied : be it there- fore enacted, that it shall be lawful for Her Majesty, from time to time when and as any vacancy shall occur in the office of Vice-Chan- cellor now held by the said Sir George James Turner, by the death, resignation, or removal from office of the said Sir George James Turner, or his successor for the time being, it shall be lawful for Her Majesty, by letters patent under the Great Seal of the United Kingdom, to ap- point a fit person, being or having been a bar- rister of fifteen years standing at the least, to supply such vacancy. 53. The Vice-Chancellor to be appointed under Smh vice- this act shall have all the same powers and pn- to have same vileces, and the same rank, and shall be subject vo^"- *°' 94 MASTER IN CHANCERY ABOLITION. as Sir G. J. Turner has. OiBcers and attendants to the Vice- chancellor. 15 & 16 Vict to the same provisions, duties, and observances, ''■^- as the said Sir George James Turner shall, at or immediately before his death, resignation, or removal from office, have or be subject to under the said act of the fourteenth and fifteenth years of Her present Majesty, chapter four, and this act, or any other act or acts then in force, ex- cepting that, as between himself and the other Vice-Chancellors or Vice-Chancellor for the time being, he shall have rank and precedence next after the Vice-ChanceUors or Vice-Chancellor, if any, who may be senior to him in appointment to office. 54. Such Vice-Chancellor shall have a Secre- tary, Usher, and Trainbearer, to be from time to time appointed and removed by him at his pleasure; and the secretaries, registrars, and other officers appointed to attend the Lord Chan- cellor shall attend such Vice-ChanceUor when sitting for the Lord Chancellor, and also when sitting in his separate court or in chambers, as circumstances shall requires and as the Lord Chancellor shall order and direct. 55. The salary of such Vice-Chancellor, and the salaries of his Secretary, Usher, and Train- bearer, shall be of the same amounts, and paid out of the same funds, and in like manner, as the salaries of the said Sir George James Turner, his Secretary, Usher, and Trainbearer, respec- tively, shall be payable at or immediately before his death, resignation, or removal from office. HerM^esty 56. It shall be lawful for Her Majesty, by S^gTen- letters patent under the Great Seal of the United ch" '"J''*' Kingdom, to grant to any person executing the so appointed, office of Vice-Chancellor in pursuance of this act, on his resignation of or his ceasing to exe- cute his office, an annuity of the same amount, after the same period of service, under the same circumstances, subject to the same conditions, and payable out of the same fund, as the annuity Salaries of Vice-chan- cellor and his officers to be as at present. MASTER IN CHANCERY ABOLITION. 95 authorized to be granted to each of the Vice- is & 16 vict. Chancellors appointed under the said act of the °- *° - fifth year of Her present Majesty, chapter five. 57. It shall be lawful for the Lord Chancellor to Lord Chan, appoint one or more person or persons, removable "^""T ^*^ at pleasure, for the purpose of keeping order in the court- Court of the "Vice-Chancellor to be appointed ^^^"• under this act ; and the salary of the person or persons appointed or to Ije appointed, under this act or under any act or acts now in force, to keep order in the Court of the Vice-Chancellor to be appointed under the authority of this act, shall be of such amount, not exceeding the yearly sum of eighty pounds, as the Lord Chancellor may think reasonable ; and such salary shall be paid to each such person so to be appointed, out of the same funds, and at the same time, and in like manner, as the salaries of like persons have here- tofore been paid. Rights and Establishments of Masters and of Accountant- General as Master. 58. Nothing herein contained shall in anywise Rights ana prejudice or affect the title of the present Masters *"*^°f'H, in Ordinary of the said court to the salaries pay- present able to them as such Masters unless and until "Jf^ue*" they shall be respectively released under this "ntu act, or the power of the Lord Chancellor to order pursnance a retiring allowance to any of them or any of "' *'"'' ^"^'^ their clerks who may be or become afflicted with some permanent infirmity disabling him from the due execution of his office, and who shall be desirous of resigning the same ; and every of the present Masters in Ordinary of the said court, until released under this act, shall have the same establishment of clerks, whose salaries and com- pensations shaU be payable out of the same funds as the salaries and compensations of their clerks are now payable ; and all the expenses 96 MASTER IN CHANCERY ABOLITION. 15 * 16 Vict, attending the establishment of the Masters Offices t^' shall be paid in like manner as such expenses are now paid. 'ff*''t^h'° ^^" Nothing herein contained shall prejudice rights, &C., of or affect the rights, duties, or privileges of the Genera *!ia a Accountant-General of the said Court of Chancery as a Master in Ordinary of the said court, or any salary or other payment payable to the said Accountant-General as such Master in Ordinary, or his right or title to any retiring allowance under any act or acts of Parliament now in force, nor shall the said Accountant-General be called upon or required to do or perform any duties or services as such Master in Ordinary, other than such as are now usually performed by him. Master in Ordinary, Delivery of Judgment by Lord Chancellor after Resignation, The retiring Lord Chan- cellor may deliver "written judgments within six weeks after his resigna- tion. 60. Whereas it has frequently happened that after cases have been fully heard by the Lord Chancellor in the Court of Chancery and are standing for judgment, the Lord Chancellor has delivered up the Great Seal without being able, by reason of other urgent public business, to deliver judgment therein, and much inconve- nience and expense to the parties has been thereby occasioned : For remedy thereof be it enacted, that in every such case it shall be lawful for the person who has so delivered up the Great Seal, within six weeks after he shall have delivered up the same, to give in to the Registrar of the said court a written judgment therein, signed by him; and a decree or order, as the case may require, shall be drawn up in pursuance of such judgment ; and every such decree or order shall have the same force and effect as if the judgment in pursuance whereof it is drawn up had been MASTEK IN CHANCERY ABOLITION. 97 given in open court the day before he shall have is * 16 Vict. so delivered up the Great Seal.^^ ti^- 61. In the construction of this act the expres- Construction sion "Her Majesty" shall mean the Sovereign '^'°™'' for the time being ; and the expression " Lord Chancellor" shall mean also and include the Lord Chancellor, Lord Keeper and Lords Com- missioners for the custody of the Great Seal of the United Kingdom for 4he time being. " The hardship to which saitors have been sometimes subjected on the resignation of the Lord Chancellor, without giving judgment in cases which have been fully heard by him, and which have, perhaps, been long waiting for judgment, is^ar- tiallt/ remedied by this section. The introduction of the words " by reason of other urgent public business," would seem to confine the power of the Lord Chancellor to deliver judgment after his resignation, to those cases only where he was prevented by " urgent public business" from doing so, although that may not always be the reason why judgments remain undelivered. Again, it is not obligatory npon the retired Lord Chancellor to deliver judgment, although if he be desirous of doing so, it is obligatorg npon him to deliver judgment within tin weeks after resignation. It is submitted with great deference, that in all cases it should be obligatory upon a retired Chancellor to dehver judgment in those cases which he has heard, but that his power of doing so should not be confined to so limited a period as sis weeks, as accident or illness might prevent his exercising the powers conferred npon him by the act. SUITORS IN CHANCERY RELIEF. 15 85 16 Vict. cap. 87. An Act for the Relief of the Suitors of the High Court of Chancery. — \\st July, 1852.] Preamble. 15 & 16 Vict, Whehbas several of the officers of the Court of til' Chancery have from time to time received and do now receive for their own use various fees and emoluments for business done and transacted by them in or by virtue of their respective offices : and whereas it is expedient that such officers should not henceforth retain such fees and emoluments for their own use, but that they should receive adequate salaries for the per- formance of their respective duties : and whereas it is expedient that for the relief of the suitors of the said court further provision should be made with respect to the fees now payable by them, and that increased facilities should be afforded for the despatch of the business of the said court, and that certain offices connected with the said court should be abolished : be it there- fore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Officers of Court to be paid by Salaries instead of Fees. No officer 1 , From and after the twenty-eighth day of reJ^ffees October one thousand eight hundred and fifty- SUITORS IN CHANCERY EELIEF. 99 two no officer of the Court of Chancery or of i6 & le vict. any of the judges thereof shall be entitled to °i^ receive and retain for his own use any fee or 'or his own reward whatsoever, and all officers of the Court SfflJera'to" of Chancery and of the judges thereof now ''^ P^'^^y entitled to receive and retain any fees or other ^'"'^' payments for their own use, which by virtue of this act they will cease so to receive after the twenty-eighth day of ^ October one thousand eight hundred and fifty-two, and whose salaries are not fixed by this act, shall, while they con- tinue to hold their respective offices, receive in lieu of all fees or other payments whatsoever now received by or paid or payable to them for their own use such salary as, having regard to the emoluments heretofore received by them, and to the nature and tenure of such offices, the Commissioners of Her Majesty's Treasury shall think just, and upon the present holders of such offices respectively ceasing to hold the same the Commissioners of Her Majesty's Treasury shall fix the salaries to be thereafter received in respect thereof with reference to the nature and duties of such offices respectively.' ' The first and two following sections of the act contains a most salatary provision, viz., that officers of the court are, after the 28th of October, to be paid by means of salaries instead of fees: and the fees, vrhich they receive after that day, they are to pay into the Suitors' Fee Fund, until the Lord Chancellor, by order, provides for their collection B^ means of stamps. Nothing has hitherto tended more to multiply the steps, and consequently the expenses in Chancery proceedings, than the payment of certain officers by salaries, and nothing has formed a greater obstacle in the way of reforming the most flagrant abuses in the practice of the court. Thus the Chancery Commissioners, after having given a sketch of the coarse of procedure in the Master's Office, and observing that it was obviously calculated to cause unnecessary delay and expense, add, " The system had its origin at a time when the Masters and their Clerks were paid by fees. Every warrant, every copy, every report, indeed every proceeding carried its fee — small, perhaps, in individual amount, bat the multiplication of which pressed heavily on the suitor, f2 100 SUITORS IN CHANCEET BELIEF. 15 & 16 Vict c. 87. OCBcersto continue to receive fees until Lord Gtiancellor sliall cther- -nise direct, and pay tliem into the Suitors' Fee Fund. Offlceis not to take gratuities. 2. It shall be lawful for all officers of the Court of Chancery and of the judges thereof heretofore entitled to receive any fees or emolu- ments for their own use, and for their successors in their respective offices, and their several and respective clerks or agents, to continue to receive and take all and every the fees and emoluments which have been accustomed to be paid to them, until the Lord Chancellor shall by any Order or Orders otherwise direct, and all such fees and emoluments as shall accrue and be received by such officers respectively, from and after the twenty-eighth day of October one thousand eight hundred and fifty-two, shall be accounted for and paid by them respectively once in every month into the Bank of England, in the name of the Accountant-General of the Court of Chancery, to be placed to the account there, intituled " The Suitors Fee Fund Account," the amount so received and paid by such officers respectively to be verified by the affidavit of the accounting party. 3. From and after the twenty-eighth day of October one thousand eight hundred and fifty- two, if any officer^ of the Court of Chancery or of any of the judges thereof shall, for anything done or pretended to be done relating to his office, situation, or employment, or under colour of doing anything relating to his office, situation, or employment, wilfujjy take, demand, receive, or accept, or appoint or allow any person what- soever to take for him or on his account, or for and yielded large eraolnments to the officers. This method of remunerating the Masters and their Chief Clerks by fees has been put an end to by the Chancery Eegnlation Act, but the system still remains; fees are still paid as heretofore, though the amount is carried to the Fee Fund; and the effects of the system still remain in, the mode of procedure, of which we have given an example:" (Ch. Com. Eep. 30.) ' See 15 & 16 Vict. c. 80, s. 24. SUITORS IN CHANCERY RELIEF. 101 or on account of any person by him named, any is Jfc^evieti fee, gift, gratuity, or emolument, or anything of t_ value, other than his salary and what is allowed or directed to be taken by him under this act or any Order to be made under this act, the person so offending, when duly convicted, shall forfeit and pay the sum of five hundred pounds, and shall be removed from any office, situation, or employment he may hoW in the said court, and shall be rendered and he is hereby rendered in- capable for ever thereafter of holding any office, situation, or employment in the said court, or otherwise serving Her Majesty, her heirs or successors. 4. Any such offender may be prosecuted either How by information at the suit of Her Majesty's if^^"^ '" Attorney-General, or by criminal information B«e two, the duties of the Affidavit Office of the performed Court of Chancery shall be performed by the nemrL ana Clerks of Records and Writs, but affidavits or ■'^"'*- affirmations may be sworn, affirmed, or attested upon honour and declarations made before the Clerk of Inrolments for the time being, as occa- sion may require, for the better despatch of business ; and the duties of the Clerk of Reports shall be performed by such person or persons as the Lord Chancellor shall appoint for that pur- pose, and such person or persons shall be entitled under this act to such salary or salaries as the Commissioners of Her Majesty's Treasury shall by any Order direct, provided that the whole amount of such salaries shall not in any one year exceed the sum of four hundred pounds. 116 SUITOES IN CHANCERY RELIEF. 15 & 16 Vict. g-87- Orders in Lunacy. Orders in 30. Every Order made in matters in lunacy wSlrawn ty the Lord Chancellor, or the person or persons HP ""4 intrusted as aforesaid, when drawn up by the entered by ^ Secretary of Lunatics, and signed by the Lord t^ ta^"* Chancellor, or the persons or person intrusted as Lunacy, and aforesaid, shall be entered by such secretary, Sfeuoh^'^" who shall be henceforth called the Registrar in Onie"toi>e Lunacy, in a proper book to be provided by him and signed for that purpose ; and he shall furnish to every Se Araonnt- person requiring the same office copies of such ant-General Orders, Or of such part thereof as may be ra- rach°orfera. quired, which copies shall be signed by such Registrar in Lunacy, and he shall provide a seal for his office, and shall cause to be sealed or stamped therewith aU such office copies as afore- said ; and every such office copy, purporting to be so signed, and sealed or stamped with such seal, shall at all times, and on behalf of all persons, and whether for the purposes of this act or otherwise, be admitted as evidence of the Order of which it purports tq be a copy, without any further proof thereof.^ Orders in 31. Where any such Order in Lunacy relates MrtahfcMes *" ^^ payment, transfer, or carrying over of any to be acted cash, stocks, f unds, annuities, securities, or other rame man-° effects, to or into the name of the Accountant- drawn no by Crcneral of the Court of Chancery, to the credit the Regis- of the matter of any person or persons being CffurtVf'° idiot, lunatic, or of unsound mind, or to the ciiancery. payment, transfer, or carrying over, or other disposal by the said Accountant-General of any cash, stocks, funds, annuities, securities, or other effects which may be standing in his name to the credit of the matter of any person or persons • It will be very conrenlent to have the Orders in Lunacy entered in a Regisbrar's book, as persons interested in the pro- ceedings in lunacy are naturally in want of authenticated copies of such proceedings. SUITORS IN CHANCERr RELIEF. 117 being idiot, lunatic, or of unsound mind, the is* levict. said Accountant- General, and all other persons, t^ including the Governor and Company of the Bank of England, and all other companies and societies, shall act upon such Order, signed by the Lord Chancellor, or the persons or person intrusted as aforesaid, after the same shall have been so entered as aforesaid, in the same manner as if such Order had beenr also drawn up by the Registrar of the Court of Chancery, and passed and entered according to the mode heretofore in force ; and the Registrar in Lunacy shall certify under his hand to the said Accountant-General what stocks or funds he is by virtue of any such Order to transfer, and to whom, in the same manner as the Registrars of the Court of Chancery have been heretofore accustomed to do.10 32. It shall not be necessary hereafter to file certificates any certificate or report of the Masters in Lunacy „" ^^tera' in the Report Office of the Court of Chancery, in Lnnacy to but the said Accountant-General, and all other in the offlre persons including as aforesaid, shall act upon all of Registrar certificates and reports of the Masters in Lunacy, " ° *°^' filed in the office of the Registrar in Lunacy, in the same manner as if such certificates and reports respectively had been also filed in the Report Office of the Court of Chancery according to the mode heretofore in force. 33. If any person shall forge the signature of Forging the the Registrar in Lunacy, or shall forge or coun- Ef^j^Srof terfeit the seal of his office, or knowingly concur Lnnaey, or .J, J ' J. r -F ■ J. of Ills seal, in using any such lorged or counterieit signature to he felony. or seal, or shall tender in evidence any document with a false or counterfeit signature of such "• This section will render it unnecessary to get a second order for the payment or transfer of stock drawn np and entered with the Registrar of the Court of Chancery for the Acconntant- General to act upon, pursuant to the General Order of the 20th of February, 1834. 118 StriTORS IN CHANCEEr BELIEF. 15 & 16 Viet Registrar, or with a false or counterfeit seal, "• ^^; knowing tte same signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall be liable to the same punish- ment as any offender under an act of the session holden in the eighth and ninth years of the reign of Her present Majesty, chapter one hundred and thirteen.^' Master of Reports and Entries. Master of 34. And whereas all notes and cheques for the EntSto"* payment of money drawn by the Accountant- countersign General of the Court of Chancery upon the Bank cheques, &c. ^^ England have been heretofore countersigned by the Registrars of the said court, in pursuance of the provisions of the act of the session holden in the twelfth year of the reign of King George the first, chapter thirty-two : and whereas all copies and extracts taken from the Registrar's books deposited in the office of the Master of the Reports and Entries have been heretofore signed by the said Registrars : and whereas the performance of such duties by the said Registrars is attended with inconvenience, and interrupts them in the execution of their other duties ; and it is expedient that the Master of Reports and Entries should be empowered to sign such docu- ments as well as the said Registrars : be it there- fore enacted, that the duties relating to the countersigning the notes or cheques drawn by the Accountant-General of the said court upon the Bank of England, and to the signing the copies and extracts made in or issuing from the office of the Master of Reports and Entries, here- tofore performed by the Registrars of the said court, so far as it shall be found necessary or " Persons who are convicted under 8 & 9 Vict. ». 113, s. 4, are liable to transportation for anyterm not more than three nor less than one year, with hard laDour. SDITOES IN CHANCEET RELIEF. 119 expedient to continue such duties, shall be per- i5& i6 viot. formed by the Master of Eeports and Entries, or t^ the Eegistrarsof thesaid court, in such manner and under such rules and regulations as the Lord Chancellor shall from time to time by any order direct.'* 35. The Master of Reports and Entries shall To Tierfoim also perform aU such other duties as the Lord as'iord''"'' Chancellor shall from time to time by any order Chancellor -. •' •' may direct. direct. 36. And whereas under an order of the said Account of court recited in the said last-mentioned act, and theSore of thereby confirmed, an account of all moneys, ^'P"?''! securities, and effects belonging to the suitors of Report otBce the said court was directed to be kept at the unuea^'ana' Report Office : and whereas, since the passing ofaces of of such act, three accounts of such moneys, secu- AcMunta rities, and effects have been respectively kept, aSoUAea. that is to say, one at the Report Office by the Clerks of Accounts, another in the office "of the Accountant-General of the said court, and a third at the Bank of England : and whereas it is considered that the account so kept at the Report Office is no longer necesary, and may be discontinued : be it therefore enacted, that from and after the first day of October, one thousand eight hundred and fifty-two, the account so kept at the Report Office as aforesaid shall be dis- continued, and the offices of Clerks of Accounts shall be abolished, and so much of the said last-mentioned order as requires, that when any money belonging to the suitors of the said court should be directed to be paid by order of the said court the note drawn for such money upon cheque paper, as thereby directed, should be '2 The inconvenience mentioned in the recital of this section will now be much dimiLished. By an Order of the Lord Chan- cellor, dated July 27, 1852 (post, p. 154), the Master of the Eeports and Entries is required to attend three days a week in the signing room, in rotation, with the Kegistrars, to countersign cheques. 120 SUITOES IN CHANCEET BELIEF. 15 & 16 Viet, carried to the Report Office, and an entry made " ^^- thereof there, and intratur written thereon, shall be repealed ; and from and after the first day of October, one thousand eight hundred and fifty- two, every note or cheque for the payment of money, under any order of the said court, signed by the Accountant-General of the said court and countersigned by the Master of Reports and Entries, or one of the Registrars of the said court, as hereinbefore required, shall be suffi- cient authority to the Bank of England to pay the money mentioned in such note or cheque to the person named therein, or to such person as he or she, by indorsement, shall order to receive the same.'^ Power to Lord Chancellor to make General Orders. Miior to'°' ^'^- ^^ ®^^^^ ^^ lawful for the Lord Chancellor make from time to time to make and issue such General Orders for Orders as he shall think fit, as well in relation to carrying act any matter connected with the offices by this act abolished, and not hereby otherwise provided for, as for carrying the provisions of this act into exe- cution, and also all such other rules and orders as he shall think fit for altering and regulating the business of the several offices of the said court." «a?ac"may ^'^- '^^'^ °^^^^ °^ Orders for the time being lie varied, made under this act may from time to time be annulled, altered, or varied by the like authority by which any such order or orders shall have been made, and new orders may from time to time be made for any of the purposes of this act by the authority by which orders are hereby authorized to be made. " The office of the Clerk of Accounts is abolished, as unne- cessary; for as the cheques signed by the Acconntant-General must be oonnteraigned by the Master of Reports and Entries, or one of the Registrars, the fnnds of the suitors are sufficiently secured against all improper dealings. " See the Order of the 25th day of October, 1852, vast. p. 191. . "^ SUITORS IN CHANCERY BELIEF. 121 15 & 16 Vict c. 87. Duties and Salaries of Accountant- GeneraVs - — Clerks. 39. It shall be lawful for the Lord Chancellor, Duties ana if he shall see fit, to authorize and direct the first, ^erksin second, and third clerks in each division of the Accountant- ofiice of the said Accountant-General, from and office, after the twenty-eighth 4ay of October, one thou- sand eight hundred and fifty -two, to continue to perform the acts or duties hitherto performed by such clerks, in addition to the duties prescribed by act of Parliament, as heretofore, in exclusion of any other person, and to direct them to be paid such yearly salaries as the Lord Chancellor, with the consent of the Commissioners of Her Ma- jesty's Treasury, shall think just ; and it shall be lawful for the Lord Chancellor to fix the fees to be paid for such acts as aforesaid, which shall be accounted for in like manner as the other fees now received in the office of the said Accountant- General.''' Salaries of Taodng Master's Clerks, 40. Instead of the salaries directed to be paid Amount of by the act of the session holden in the fifth and cierks of sixth years of the reign of Her present Majesty, ^^,°fj chapter one hundred and three, to the clerks of the Taxing Masters of the Court of Chancery, every such clerk shall, from and after the third day of November, one thousand eight hundred and fifty-two, be entitled to a salary of three hundred and fifty pounds per annum. Deposits on Appeals. 41. iThe deposit now payable on setting down J^''"^^^" appeals and exceptions for hearing shall continue be paid into " See Order IX. of the Order of the Court of the 26th October, 1852. a 122 SDITOES IN CHANCEKY BELIEF. 15 & 16 viot. to be payable, and such deposits stall be paid to til' and received by the Senior Registrar of the tank, and Court of Chancery for the time being, who shall ""^ihe^A?- once in every three months pay all sums so re- P?^ ., ceived by him into the Bank of England to the Acconnt." credit of the Accountant-General of the said court (the amount so received and paid by such Registrar to be verified by affidavit), and the several sums when so paid in shall be from time to time placed to an account to be intituled " The Appeal Deposit Account," and the moneys which shaU from time to time be standing to such ac- count shall be paid and applied as the Court of Chancery shall from time to time in that behalf order or direct.^* Auctioneers' lAeence not required by the Masters or Persons selling by Order of the Court. Persons may 42. Anrf whereas by the act of the session tion, under" holden in the eighth and ninth years of the reign the'court'of of Her present Majesty, chapter fifteen, a certain Chancery, duty of excise is imposed upon every licence to tetog Uabio be taken out by every person exercising or car- '° ^''% y, rying on the trade or business of an auctioneer in 8 & 9 Vict any part of the United Kingdom ; and it is "• ''■ thereby enacted, that every person who exercises or carries on the business of an auctioneer, or who acts in such capacity at any sale or roup, and every person who sells or offers for sale any goods or chattels, lands, tenements, or heredita- ments, or any interest therein, at any sale or roup where any person or persons become the pur- " Though it does not appear that the confidence of the conrt has ever been abused by the Begistrar with whom the deposits on appeals have been made, the practice is wrong in point of principle, and although it may never have led, yet as it has, a tendency to lead to abuses, it has very properly been abrogated. SUITORS IN CHANCERY BELIEF. 123 chaser of the same by competition, and being the is & le vici. highest bidder, or by any other mode of sale by t^ competition, shall, except as hereinafter men- tioned, be deemed to carry on the trade or busi- ness of an auctioneer, and shall be required to take out such licence as thereby directed ; and that every person who carries on the trade or business of an auctioneer as aforesaid without taking out such licence* shall, except as therein- after mentioned, forfeit one hundred pounds : and whereas doubts have arisen whether any sale or sales by way of auction can now be made under any order or decree of the Court of Chan- cery before any officer of the said court, or the persons by such officer in that behalf appointed, without rendering such officer or other person liable to take out such licence as by the said last- mentioned act is directed to be taken out by all persons acting as auctioneers ; and it is expe- dient that such doubts should be removed : be it therefore enacted, that it shall be lawful for any Master in Ordinary of the Court of Chancery, and for the Chief Clerk of any such Master, and for every other person appointed in that behalf by any such Master, to sell any goods or chat- tels, lands, tenements, or hereditaments, or any interests therein, under any decree or order of the said court, by auction or by any other mode of sale by competition, without any licence as an auctioneer, and without being liable to the duty imposed by the said last-mentioned act, or any other act or acts now in force."' " This and the 43rd section are intended to provide against the donbt which may arise as to the liabilities which may attach or have attached upon the Masters or their Chief Clerks on acconnt of sales either already conducted or hereafter to be con- dacted by or before them. It does not appear to have been borne in mind by the Legislature that, except for the purpose of certain temporary duties, the office of Master in Chancery, and with it that of their Chief Clerk, was to be abolished. g2 124 SUITORS IN CHANCERY RELIEF. 15 & 16 Vict. 43. The Masters in Ordinary of the Court of ^- Chancery and their Chief Clerks shall be dis- indemnityin charged and freed from all suits, prosecutions, former ^es. liabilities, pains, and penalties to which they or any or either of them are or is or might be liable for or on account of any sale by or by way of auction or competition heretofore made or con- ducted by or before them or any or either of them, oaicers 44. It shall be lawful for the Keeper or Clerk Tmoiuments "^ Her Majesty's Hanaper, Deputy Clerk of the aredimi- Hanaper, the Patentee of the Subpoena Office, Sn^s^Snce and for every officer of the Court of Chancery, of this act and for every officer or person employed in the ci^mfor" offices of the Masters in Lunacy, or the Eegis- tton'to"tan. 1^"^^^ in Lunacy, whose salary or emoluments missioners of shall be taken away or diminished by the opera- Treasury, ^j^^ ^£ ^j^jg ^^^ ^j. i^y. ^jjg Rules and Orders to be made thereunder, to make a claim for com- pensation to the Commissioners of Her Majesty's Treasury for the time being, and such commis- sioners are hereby required, within the space of six calendar months after any such claim shall have been made, by examination upon oath or otherwise (which oath they and each of them are and is hereby authorized to administer), to inquire whether any and if any what compensa- tion ought to be made to such Clerk of the Hanaper, Deputy Clerk of the Hanaper, Paten- tee of the Subpoena Office, and to any officer or person claiming such compensation, the said commissioners having regard to the conditions on which the appointment of any such officer or person was made, or to any notice which at the time of such appointment may have been given to such officer or person that his office was to be These sections, however, make no provision as to any liability ■which may possibly attach to the Judges or their Chief Clerki for or on account of any sales conducted by or before them. SUITOBS IN CHANCEKT RELIEF. 125 holden subject to any provision by Parliament is Aievjct. for the abolition or regulation thereof, but with °lfl" full power for the said commissioners to investi- gate and determine whether from the nature of the office or mode of accession thereto any such conditions or notice could have been properly made or given, and also having regard to the holding of any office, place, or situation in the said court by such officer or person; and in all cases in which it shall appear to the said commissioners that compensation ought to be granted, it shall be lawful for the said commis- sioners, by warrant under their hands, to order and direct that such annual compensation shall be made to the persons so claiming such com- pensation as aforesaid, or any of them, as to the said commissioners in their discretion shall seem just and reasonable; and all such compensations shall be paid and payable out of such funds and in such manner as is hereinafter in that behalf directed: provided always, that an account of all such compensations shall, within fourteen days next after the same shall be so granted, be laid upon the table of the House of Commons, if Parliament shall be then assembled, or if Par- liament shall not be then assembled then within fourteen days after the meeting of Parliament then next following. 45. Every person now holding any freehold Payments to office or office for life or during good behaviour JlrsoM* *° which is abolished by this act, and in respect of '"•'ose office which any annual or other fixed salary is by aboushed. virtue of any act of Parliament or otherwise by law payable, shall be entitled to receive such salary during the residue of the term of his natural life in the same manner and out of the same fund as if this act had not been passed; and every person now holding any freehold office or office for life, or during good behaviour, which is abolished by this act, and in respect of which 126 SUITORS IN CHANCERr RELIEF. Lord Chan- cellor may order pen- sions for retiring ofScers. 15 & 16 Viet any fees of office are by law or custom payable, "■"' ■ shall be entitled to receive from and after the passing of this act, during his natural life, an annuity equal to the average annual amount of such fees of office during the three years next preceding the passing of this act; and the amount of such annuity shall be determined by the Lords Commissioners of Her Majesty's Treasury, in the same manner, and shall be paid out of such funds and in such manner, as is by this act directed with respect to the compensa- tions hereby provided to be given to officers whose salary or emoluments shall be taken away or diminished by the operation of this act, or by the Rules and Orders to be thereunder made. 46. From and after the passing of this act it shall be lawful for the Lord Chancellor, by any order made on a petition presented to him for that purpose, to order (if he shall think fit) to be paid to any person now or hereafter holding any office or appointment in the Court of Chan- cery, other than and except any Clerk of Enrol- ments, Clerk of Records and Writs, or Taxing Master, to whom, subsequently to the passing of this act, the Lord Chancellor, under the act passed in the session of Parliament holden in the fifth and sixth years of Her Majesty's reign, intituled. An Act for abolishing certain Offices of the Blgh Court of Chancery, shall have ordered a retiring allowance to be paid, and to any officer or person employed in the offices of the Masters in Lunacy, or the Registrar in Lunacy, who shall be afflicted with some perma- nent infirmity disabling him from the due execution of his office, or shall have continued in any office or offices for twenty years, and shall be desirous of resigning the same, a super- annuation allowance under this act, and there- upon such officer or person shall be entitled to receive such superannuation allowance as the 5 & 6 Vict, c. 103. SUITORS IN CHAKCERY RELIEF. 127 Commissioners of Her Majesty's Treasury shall is&isvict. think proper to direct; and in ascertaining and "if!; awarding the amount of such superannuation aUoTvance, the said commissioners shall take into consideration the whole period during which any such officer or person shall have been per- manently employed in any office or situation in the said courts or offices, and shall proceed according to the principles laid down by an act passed in the session holden in the fourth and fifth years of Ejng William the Fourth, chapter twenty-four, "to alter, amend, and consolidate 4 &5Wiii. 4, the Laws for regulating the Pensions, Compen- "• ^*- sations, and Allowances to be made to Persons in respect of their having held Civil Offices in His Majesty's service:" provided always, that the Lord Chancellor shall in every such order state the cause for making the same, and shall cause a copy of such order to be laid on the table of the House of Commons within fourteen days next after the making of the same if Par- liament shall be then assembled, and if Parlia- ment shall not be then sitting then within four- teen days next after the assembling thereof. 47. From and after the passing of this act, it Lord chan- shall be lawful for the Lord ChanceUor, by order, ?|Sioy?and to remove any officer of the Court of Chancery, give pensions The discretionaiy power given to the court, to make a Testing order of lands directed to be sold hj decree or order, will doubtless be found in many instances very convenient, and a great saving of expense. TEUSTEES ACT EXTENSION. 147 carrying such sale into effect, to make an order is & i6 viot. vesting such lands or any part thereof, for such °-°°- estate as the court shall think fit, either in any purchaser or in such other person as the court shall direct ; and every such order shall have the same effect as if such person so seised or possessed or entitled had been free from all dis- ability, and had duly executed all proper con- veyances and assignments of ' such lands for such estate. Vesting Order on refusal or neglect of Trustees to Convey, S^c. 2. That sections numbered seventeen and power to eighteen in the Queen's printer's copy of the ™^j f™ Trustee Act, 1850, be repealed ; and in every vesting the case where any person is or shall be jointly or ^'f^'reflisai solely seised or possessed of any lands or entitled or neglect of to a contingent right therein upon any trust, and convey or a demand shall have been made upon such trustee '^'™^- by a person entitled to require a conveyance or assignment of such lands, or a duly authorized agent of such last-mentioned person, requiring such trustee to convey or assign the same, or to release such contingent right, it shall be lawful for the Court of Chancery, if the said court shall be satisfied that such trustee has wilfully refused or neglected to convey or assign the said lands for the space of twenty-eight days after such demand, to make an order vesting such lands in such person, in such manner and for such estate as the court shall direct, or releasing such con- tingent right in such manner as the court shall direct ; and the said order shall have the same effect as if the trustee had duly executed a con- veyance or assignment of the lands, or a release of such right, in the same manner and for the same estate.* ' This section which repeals, in effect consolidates, but with h2 148 TRUSTEES ACT EXTENSION. 15 & 16 Vict. Stock in the name of Infant Trustee — Dividends "■**■ Chose in Action. Power to make an order for the transfer or receipt of divldendB of stock in name of an infant trustee. 3. That when any infant shall be solely enti- tled to any stock upon any trust, it shall be law- ful for the Court of Chancery to make an order vesting in any person or persons the right to transfer such stock, or to receive the dividends or income thereof ; and when any infant shall be entitled jointly with any other person or per- sons to any stock upon any trust, it shall be lawful for the said court to make an order vest- ing the right to transfer such stock, or to receive the dividends or income thereof, either in the person or persons jointly entitled with the infant, or in him or them together with any other person or persons the said court may appoint.* Jferson ordered to transfer Stock, receive Divi- dends, sue for Chose in Action. Sffa°^^f°' '^' "^^^^ where any person shall neglect or stock for refuse to transfer any stock, or to receive the some alterations, the provisions contained in the 17th and 18th sections of the Trustee Act, 1850. By those sections the court had power to make the resting order upon the person reqnire,d to convey, assign, or release, having stated in wrilk^ that he would not, or upon his neglect or refnsal to do so, within twenty- eight days after tender of a deed for conveying, &c., the land; under the 2nd section of this act, the order may be made on the court being satisfied that such trustee has wSjully refused or neglected so to do, within the same period, and as it is silent as to any tender of a deed, the diffionlties which arose in RowUy v. Adams (14 Beav. 130), as to what is a proper deed to tender, are obviated: (see Dart's V. & P. 307, 2nd ed.) ^ It will be observed that there are no clauses concerning stock standing in the names of infants as trustees in the Tmstee Act, 1850, and such was also the case in 1 Will. 4, o. 60. The reason Mr. Headlam gives for the omission is, " because stock cannot stand in the name of an infant nnless it has been volun- tarily so placed. The legal estate in stock does not devolve upon an infant as the legal estate in land descends ;" (Headl. Trustee Act, 19, 2nd ed., note s.) TRUSTEES ACT EXTENSION. 149 dividends or income thereof, or to sue for or i& & le vict. recover any chose in action, or any interest in "ifi" respect thereof, for the space of twenty-eight twenty-eight days next after an Order of the Court ofm^t"**"^ Chancery for that purpose shall have been served ""^fj?^'""^ upon him, it shall be lawful for the Court of transfer in Chancery to make an order vesting all the right ^"^Icourl of such person to transfer such stock, or to siiaii receive the dividends or income thereof, or to *p^°™ sue for and recover such chose in action, or any interest in respect thereof, in such person or persons as the said court may appoint.* Stock standing in name of a Deceased Person. 5. When any stock shall be standing in the o^'^J sole name of a deceased person, and his personal exeontor, representative shall refuse or n^lect to transfer OTdS'may such stock or receive the dividends or income be made, thereof for the space of twenty-eight days next after an Order -itf the Court of Chancery for that purpose shaU have been served upon him, it shall be lawful for the Court of Chancery to make an order vesting the right to transfer such stock, or to receive the dividends or income thereof, in any person or persons whom the said court may appoint.* * This section corresponds with the 23rd and 24th sections of the Trustee Act, 1850, but the power to make the vesting order arises on the neglect or refiisal, for twenty-eight days, to obey the order of the court, after its service upon him, and not merely on snch neglect or refusal " after a request in writing for that purpose shall have been made by the person absolutely entitled thereto:" (see Headl. Trustee Act, 42.) = By the 25th section of the Trustee Act, 1850, power *afi given to the court to make the vesting order on the neglect or refusal to transfer stock or receive dividends or income, " accord- ing to the direction of the person absolutely entitled thereto, for the space of twenty-eight days next after a request in writing for that purpose shall have been made to him by the person absolutely entitled thereto." It will be observed that by the 5th 150 TRUSTEES ACT EXTENSION. 15 & 16 Vict C.S5. """ Orders binding on Bank of England and all Companies, Sfc. Bank of 6. When any order being or purporting to be Sp^ni^" under this act, or under the Trustee Act, 1850, ^m'^uih ^^^^ ^^ made by the Lord Chancellor intrusted orders. as aforesaid,^ or by the Court of Chancery, vesting the right to any stock, or vesting the right to transfer any stock, or vesting the right to call for the transfer of any stock, in any person or per- sons, in every such case the legal right to trans- fer such stock shall vest accordingly ; and the person or persons so appointed shall be authorized and empowered to-execute all deeds and powers of attorney, and to perform aU acts relating to the transfer of such stock into his or their own name or names, or otherwise, to the extent and in conformity with the terms of the Order ; and the Bank of England, and all companies and asso- ciations whatever, and all persons, shall be equally bound and compellable to comply with the requi- sitions of such person or persons so appointed as aforesaid, to the extent and in conformity with the terms of such order, as the said Bank of England, or such companies, associations, or persons would have been bound and compellable to comply with the requisitions of the person' in whose place such appointment shall have been made. section of the present act the same power is conferred npon the court on the r^sal or neglect to transfer snch stock or receive the dividends or income thereof for the space of twenty-eight days next after am, order of the amrt shall have heen served upon him. ^ There is nothing previously in the act as to the Lord Chan- cellor being intrusted. But section 11, which in the bill, as amended in the Commons, was numbered 5, appears to have got misplaced in the House of Lords: {see post, 152.) ' Suppose a person was appointed in place of an infant as trustee ? TRUSTEES ACT EXTENSION. 151 7. That every order made or to be made, is & le vict. being or purporting to be made under this or the ' ^"' Trustee Act, 1850, by the Lord Chancellor in- indemnity to trusted as aforesaid, or by the Court of Chancery, companies and duly passed and entered, shall be a complete ™ oiK^ying- indemnity to the Bank of England, and all com- panies and associations whatsoever, and all per- sons, for any act done pursuant thereto ; and it shall not be necessary for the' Bank of England, *or such company or association, or person, to in- quire concerning the propriety of such Order, or whether the Lord Chancellor intrusted as afore- said, or the Court of Chancery, had jurisdiction to make the same. iVew Trustees. 8. That when any person is or shall be jointly Powerto or solely seised or possessed of any lands or enti- ^SeM^in' tied to any stock upon any trust, and such person '•^jf^'f " has been or shall be convicted of felony, it shall victed of be lawful for the Court of Chancery, upon proof ''''""y- of such conviction, to appoint any person to be a trustee in the place of such convict, and to make an order for vesting such lands, or the right to transfer such stock, and to receive the dividends or income thereof, in such person to be so appointed trustee ; and such order shall have the same effect as to lands as if the convict trustee had been free from any disability, and had duly executed a conveyance or assignment of his estate and interest in the same.* 9. That in all cases where it shall be expedient Power to to appoint a new trustee,^ and it shall be found ^herTexpe- inexpedient, difficult, or impracticable so to do ^j,^'^*"^^ without the assistance of the Court of Chancery, trastees it shall be lawful for the said court to make an ^^f^^. « This is a new provision. 9 The additional words " or new trustees," are contained in the 32nd the corresponding section of the Trustee Act, 1850. 152 TRUSTEES ACT EXTENSION. 15 & 16 Vlot. c. 55. not any existing trustee. Chancellor may malse Orders for appointment of trustees* without it heing neces- sary that it should be made in Chancery, Sec. order appointing a new trustee or new trustees, whether there be any existing trustee or not at the time of making such order.'" 10. In every case in which the Lord Chancellor intrusted as aforesaid has jurisdiction under this act, or the Trustee Act, 1850, to order a convey- ance or transfer of land or stock, or to make a vesting order, it shall be lawful for him also to make an order appointing a new trustee or new trustees, in like manner as the Court of Chancery' may do in like cases, without its being necessary that the order should be made in Chancery as well as in Lunacy, or be passed and entered by the Begistrar of the Court of Chancery. As to powers of persons intrusted ■with the care of lunatics. Jurisdiction. 11. That all the jurisdiction conferred by this act on the Lord Chancellor, intrusted by virtue of the Queen's sign manual with the care of the persons and estates of lunatics, shall and may be had, exercised, and performed by the person or persons for the time being intrusted as aforesaid." >» By the 32nd section of the Trustee Act, 1850, power was given, to the court to appoint a new trustee or trustees " either tn stAslitulionJbr, or m addition to, any enisling trustee or trm- fees;" and to obviate the doubts as to whether that section was not confined to the case of there being an existing trustee, although Sir James Parker, V.C., did not think it susceptible of so limited a construction (re Tyler's Trust, 21 L. J.,N.S.,16, Ch.; 18 L. T. 105; 15 Jnr. 1120), this section has expressly extended the power of that act, by ^ving the court power to make an order appointing a new trustee or trustees, whether there he any eaisting trustee or not at the time of making such order: (see Headl. Trustee Act, 56, 59, 2nd ed.: Sug. Eeal Prop. Stat. 404.) '' It is presumed that by this section it is intended to confer upon the Lords Justices the same jurisdiction which the Lord Chancellor may exercise under this act. II seems, however, to abstain from giving them jurisdiction under the Trustee Act, 1850. This section, which seems to have got misplaced, stood TRUSTEES ACT EXTENSION. 153 IS - Defendants. Henry Jones j Bill of Complaint. To the Bight Hononrable Edward Bnrtenshatr, Baron St. Leonards, of Slaugham, in the county of Sussex, Lord High Chancellor of Grreat Britain, Humbly complaining, sheweth unto his lordship, John Lee, of Bedford-square, in the county of Middlesex, Esq., the above- named plaintiff, as follows: — 1. The defendant James Styles, being seised in fee simple of a farm ealled Blackacre, in the parish of A., in the county of B., with the appurtenances, did, by an indenture dated the 1st of May, one thousand eight hundred and fifty, and made between the defendant James Styles of the one part, and the 166 POBMS m GENEBAL OKDEBS. Orders plaintiff of the other part, grant and convey the said farm 7th August, vrith the appurtenances unto, and to the use of, the pl^tiff, *^^^- his heirs and assigns, subject to a proviso for redemption thereof, in case the defendant James Styles, h& heirs, execu- tors, administrators, or assigns, should on the 1st of May, one thousand eight hundred and fifty-one, pay to the plaintiff, his executors, administrators, or assigns, the sum of five thousand pounds, with interest thereon, at the rate of five pounds per eentnm per annum, as by the said indenture will appear. 2. The whole of the said sum of five thousand pounds, together with interest thereon at the rate aforesaid, is now due to the plaintiff. 3. The defendant, Henry Jones, claims to have some charge upon the farm and premises comprised in the said indenture of mortgage of the 1st of May, one thousand eight hundred and fifty, which charge is subsequent to the plamtiff's said mort- gage. 4. The plaintiff has frequently applied to the defendants, James Styles and Henry Jones, and required them either to pay the said debt, or else to release the equity of redemption of the premises, but they have refused so to do. 5. The defendants, James Styles and Henry Jones, pretend that there are some other mortgages, charges, or incumbrances affecting the premises, but they refuse to discover the particu- lars thereof. 6. There are divers valuable oak, elm, and other timber, and timber-like trees growing and standing on the farm and lands comprised in the said indenture of mortgage of the first of May, one thousand eight hundred and fifty, which trees and timber are a material part of the plaintiff's said security; and if the same or any of them were felled and taken away, tie said mortgaged premises would be an insufficient security to the pliuntiff for the money due thereon. 7. The defendant James Styles, who is in possession of the said farm, has marked for felling a large quantity of the s^d oak and elm trees and other timber, and he has, by handbills, published on the second December instant, announced the same for sale, and he threatens and intends forthwith to cut down and dispose of a considerable quantity of the said trees and timber on the said farm. Prayer. The plaintiff prays as follows : — , 1. That an account may be taken of what is due for principal and interest on the said mortgage. 2. That the defendants, James Styles and Henry Jones, may be decreed to pay to the pliuntiff the amount which shall be so found due, together nrith his costs of this suit, by a short day to be appointed for that purpose, or, in default thereof, that the defendants FORMS IN GENERAL ORDERS. 167 James Styles and Henry Jones, and all persons claim- Orders ing under them, may be absolutely foreclosed of all 7th August, right and equity of redemption in or to the said 'f^ mortgaged premises. 3. That the defendant James Styles may be restrained by the injunction of this honourable court from felling, cutting, or disposing of any of the timber or timber- like trees now standing or growing in or npon the said farm and premises comprised in the said inden- ture of mortgage, or any part thereof. 4. That the plaintiff may have SBch further or other relief as the nature of the case may require. Karnes of defendants. The defendants to this bill of complaint are, James Styles, Henry Jones. T. T. (Name of Counsel.) Note. — This bill is filed by Messrs. A. B. and C. D., of Lincoln's Inn, in the county of Middleses, solicitors for the above-named plaintif. SCHEOUI.E C. Form of Interrogatories. In Chancery. John Lee, FlaintifP, James Styles, ) and > Defendants. Henry Jones, 3 Interrogatories for the examination of the above-named defendants in answer to the plaintiff's bill of complaint. 1. Does not the defendant Henry Jones claim to have some charge upon the farm and premises comprised in the indenture of mortgage of the iJrst of May, one thousand eight hundred and fifty, in the plaintiff's bill mentioned? 2. What are the particulaj^ of such charge, if any, the date, nature and short effect of |the security, and what is dne thereon? 3. Are there or is there any other mortgages or mortgage, charges or charge, incumbrances or incumbrance, in any and what manner affecting the aforesaid premises, or any part thereof? 4. Set forth the particulars of such mortgages or mortgage, charges or charge, incumbrances or incumbrance; the date, nature, and short effect of the security; what is now due thereon; and who is or are entitled thereto respectively; and 168 FORMS IN GENERAL ORDERS. Orders when and by whom, and in what manner, every snch mortgage, 7th August, charge, or incumbrance was created. *^^^ The defendant James Styles is required to answer all these interrogatories. The defendant Henry Jones is required to answer the inter- rogatories numbered 1 and 2. r.r. (Name of Counsel.) Schedule D. Form of Answer. In Chancery. John Lee, Plaintiff, James Styles, T and > Defendants. Henry Jones, j The answer of James Styles, one of the above-named defendants to the bill of complaint of the above-named plaintiff. In answer to the said bill, I, James Styles, say as follows: — 1. I believe that the defendant, Henry Jones, does cMm to have a charge upon the farm and premises comprised in the indentme of mortgage of the 1st of May, one thousand eight hundred and fifty, in the plaintiffs bill mentioned. 2. Such charge was created by an indenture dated the 1st of November, one &ousand eight hundred and fifty, made between myself of the one part, and the said defendant Henry Jones of the other part, whereby I granted and conveyed the said farm and premises, subject to the mortgage made by the said inden- ture of the 1st of May, one thousand eight hundred and fifty, unto the defendant Henry Jones for securing the sum of two thousand pounds and interest at the rate of five pounds per centum per annum, and the amount due thereon is the said sum of two thonsand pounds, with interest thereon, from the date of such mortgage. 3. To the best of my knowledge, remembrance, and beUef there is not any other mortgage, charge, or incumbrance affecting the aforesaid premises. M.N. (Name of Counsel.) FORMS IN GENERAL ORBERS. 169 Orders SCHEDULE E. '*,tr"' Form of Summons. la Chancery. In the matter of the estate of John Thomas, late of the parish of A., in the conntj of B., deceased. Joseph Wilson against • William Jackson. Upon the application of Joseph Wilson, of Eussell-square, in the conuty of Middlesex, Esq., who claims to he a creditor upon the estate of the above-named John Thomas, let William Jackson, the executor of the said John Thomas, attend at my chambers [in the Eolls Yard, Chancery-lane, Middlesex] [or at No. — , sqnare, Lincoln's Inn, Middlesex], on the day of , at of the clock in the afternoon, and show cause, if he can, why an order for the administration of the personal estate of the said John Thomas, by the High Court rf Chancery, should not be granted. Dated the day of 1852. John Komilly, Master of the Bolls, or, G. 3. TuBNER, Vice-Chancdlor, or, EiCHD. T. KiNDERSLET, Vice-Chaucellor, or, James Pabkee, Vice-Chancellor. Note. — If the above-named William Jackson does not attend either in person or by his solicitor, at the time and place above mentioned, such order will be made in his absence as the judge may think just and expedient. This summons was taken out by A. and B., of Lincoln's Inn, in the county of Middlesex, solicitors for tbeUbove- named Joseph Wilson. 170 GENERAL OEDEES. ORDER OF COURT. The fth day of August, 1852. AS TO ENEOLMENT OF DECREES, &c. Orders The Right Honourable Edward Burtenshaw, Lord ^"'itir''' St. Leonards, Lord High Chancellor of Great Britain, — '■ by and with the advice and assistance of the Right Honourable Sir John Romilly, Master of the Rolls, the Right Honourable the Lord Justice Sir James Lewis Knight Bruce, the Right Honourable the Lord Justice Lord Cranworth, the Right Honourable the Vice-Chancellor Sir George James Turner, the Honourable the Vice-Chancellor Sir Richard Torin Kindersley, and the Honourable the Vice-Chancellor Sir James Parker, doth hereby, in pursuance and execution of all powers enabling him in that behalf, order and direct : — That all and every the Orders, Rules, and Direc- tions hereinafter set forth shall henceforth be, and, for all purposes be deemed and taken to be, General Orders and Rules of the High Court of Chancery, viz : I. That no appeal from any decree, order, or dismission, or any re-hearing of the case on which such decree, order or dismission is founded, shall be allowed, unless the same is set down for hearing, and the requisite notice thereof duly served, within five years from the date of any such decree, order, or dismission respectively. II. That all decrees and orders, and all dismis- sions, pronounced or made in any cause, claim or matter m this court which shall be enrolled, shaU be so enrolled within six calendar months after the same shall be so pronounced or made respectively, and not appeals must be set down for hearing within five 7ears. Decrees, Ac, must be enrolled -within six months, unless by leave of court. ENEOLMENT OF DECREES. 171 at any time after without special leave of the court, orders such leave to be obtained in manner next hereinafter 'th August, mentioned. ^^f^- III. In case any party is desirous to enrol a decree. Order for or order, or dismission after the expiration of six enrolment, calendar months from the time the same shall have obWnoa. been made, he shall obtain an order for that pur- pose, and which order, unless made by consent of the adverse party, or on motion and notice to all the parties, shall be a conditional order in the first instance, but shall become absolute without further order, unless cause is shown against it within twenty- eight days after service of the order. IV. That where a caveat is entered with the proper Caveat oflScer to stay the signing of the docket of the enrol- »g»>"st. ment of any decree, order, or dismission, such caveat shall be prosecuted with effect within twenty-eight days after the docket of such decree, order, or dis- mission shall be left to be signed with the proper officer by the party who entered the same, otherwise such caveat shall be of no force ; and the docket of such decree, order, or dismission may immediately after the expiration of the said twenty-eight days be presented to be signed, as if no such caveat had been entered. v.- That no enrolment of any decree, order, or Enrolment dismission shall be allowed after the expuration of after fl"™* five years from the date thereof. years, VI. That the Lord Chancellor, either sitting alone, power of or with the Lords Justices, or either of them, shall J^'* chim be at liberty, when it shall appear to him under the Lords *" pecuhar circumstances of the case to be just and Justices to expedient, to enlarge the periods hereinbefore ap- |"rio|g_ pointed for a re-hearing, or an appeal, or for an enrolment. VIL That these orders shall take effect on and ^^j"™^'' ffom the twenty-eighth day of October next. orders. "^(Signed) St. Leonards, C. John Romilly, M. R. J. L. Knight Bruce, L. J. Cranworth, L. J. G. J. Turner, V.-C. Richard T. Kinderslby, V.-C. James Parker, V.-C. i2 172 GENEKAL ORDERS. ORDER OF COURT. Saturday, the I6th day of October, 1852. Orders The Right Honourable Edward Burtenshaw, Lord 16th October, gt. Leonards, Lord High Chancellor of Great Britain, ^^ by and with the advice and assistance of the Right Honourable Sir John Romilly, Master of the Rolls, the Right Honourable the Vice-Chancellor Sir Greorge James Turner, and the Honourable the Vice-Chan- cellor Sir Richard Torin Kindersley, doth hereby in pursuance of an act of Parliament passed in the IS & 16 Vict, fifteenth and sixteenth years of Her present Majesty, "^ '"• intituled An Act to abolish the Office of Master in Ordinary of the High Court of Chancery, and to make provision for the more speedy and efficient despatch of Business in the said Court,^ and in pursuance and execution of all other powers enabling him in that behalf, order and direct : — That all and every the Orders, Rules, and Directions hereinafter set forth shall henceforth be, and for all purposes be deemed and taken to be. General Orders and Rules of the High Court of Chanoeiy, viz. :^ BuminonB, I. The summons for the purpose of proceedings form of. jjgfore tjjg Master of the Rolls and Vice-ChanceUors respectively at chambers, whether originating in chambers or not, may be in a form similar to the form set forth in Schedule A. to these Orders, with such variations as the circumstances of the case may require. II. The summons to be issued under section 30 of the act of 15 & 16 Vict. o. 80, maybe in a form ' Ante, p. 65. MASTEK IN CHANCERY ABOLITION. 173 similar to the form set forth in Schedule B. to these oiders Orders, with such variations as the circumstances of leth October, the case may require. ^f^' III. A seal is forthwith to be provided for the To te sealed. chambers of the Master of the Rolls and each of the Yice-Chancellors, and summonses are to be prepared by the parties, and sealed by one of the Clerks, at the chambers of the Judge from whose chambers they are issued, and a copy of such summons is to be left at the Judge's chambers by the party obtaining such summons. IV. In cases of applications under 15 & 16 Vict. Duplicate of, c. 86, s. 45, applications for guardianship and main- g/'|°'V'^ tenance of infants, originating in chambers, and of stamped, all other applications originating in chambers,^ a duplicate of the summons is to be filed in the Record and Writ Office, and in cases where service is required, the copies served are to be stamped in the manner provided by section 46 of the act of 15 & 16 Vict, a 86. V. In cases where proceedings originate in cham- "Kme for hers, the original summons is to be served seven clear '""°® "■ days before the return thereof. All other summonses, not being summonses referred to in Order II., are to be served two clear days before the return thereof. VI. In cases where proceedings originate in cham- in case it lie bers, and where from any cause the summons may "?J^^'T?* not have been served upon any party seven clear days new time ' before the return thereof, an endorsement may be appointed, made upon the summons, and upon a copy thereof stamped for service, appointing a new time for the parties not before served to attend at the chambers of the Judge, and such endorsements are to be sealed at the Judge's chambers, and the service of the copy so endorsed and sealed is to have the same force and effect as the service of an original summons; and where any party has been served before such endorse- and hearing ment, the hearing thereof may upon the return of ^J^^ed. the summons be adjourned to the new time so appointed. « See 15 & 1 6 Vict. o. 80, s. 26, ante, p. 77. 174 GENERAL OEDEKS. ^''''"^ Appearances. lethOctoier, 1852. Yjj_ jjj jjjj f^ggg where proceedings originate in Appearances, chambers, the parties served are, before they are heard in chambers, to enter appearances in the Record and Writ Office, and give notice thereof. Orders and Directions, applicable to all Cases, whether originating in Chambers or not. Directions in VIII. In all Cases in which by any Order any ac- Orders as to counts are directed to be taken, or inquiries to be InquWesto made, each dirfiction shall be numbered, so that as be num. far as may be each distinct account and inquiry may tered— form ^^ designated by a number, and such Order may be in the form Set forth in Schedule C. to these Orders, with such variations as the cbcumstances of the case may require. Exclusion IX. Where an Order is made directing an account of'ordOTof ' "* debts, claims, or liabilities, or an inquiry for next- persons not of-kin or other unascertained persons, unless other- coming in. xvise ordered, all persons who do not come in and prove their claims within the time which may be fixed for that purpose by advertisement, are to be excluded from the benefit of the Order. Compntation X. Where an Order is made directing an account deSs— '''""' °^ the debts of a deceased person, unless otherwise ordered, interest is to be computed on such debts as to such of them as carry interest after the rate they respectively carry, and as to all others after the rate of four per cent, per annum, from the date of the Order. or legacies. XI. Where ao order is made directing an account of legacies, unless otherwise ordered, interest is to be computed on such legacies after the rate of four per cent, per annum, from the end of one year after the deceased's death, unless any other time of payment or rate of interest is directed by the will, and in that case according to the will. Order for XII. Where an Order is made directing any pro- perty to be sold, unless otherwise ordered, the same is to be sold with the approbation of the Judge to whose court the cause or matter is attached, to the best purchaser that can be got for the same, to be allowed by such Judge, and all proper parties are to join therein as such Judge shall direct. MASTER IN CHANCERY ABOLITION. 173 XIII. Where an Order is made directing a Receiver orders to be appointed, unless otherwise ordered, the person i6ih October, to be appointed is first to give security, to be sjlowed ' by the Judge to whose court the cause is attached, Seciirity to and taken before an officer or agent of the court in ^5^!'™,'''' the country, if there shall be occasion, duly to accoant for what he shall receive on account of the rents and profits, for the receipt of which he is to be appointed at such periods as such Judge shall appoint, and to account for and pay the same as the court shall direct, or as the case may be, to be answerable for what he shall receive in respect of the personal estate, for the getting in and collection of which he is to be appointed, and to account for and pay the same as the court shall direct; and the person so to be appointed is to be Allowance allowed a proper salary for his care and pains in re- ceiving such rents and profits, or, as the case may be, to have an allowance made to him in respect of his collecting such personal estate. XIV. The General Orders of the court with respect of'S^"'' to receivers shall, mutatis nmtandis, apply to Receivers orders to appointed under Orders made after these rules and Beceivers. regulations come into operation. XV. Recognizances which have been heretofore Kei!06"j- given to the Master of the Rolls and the Senior given to Mastar in Ordinary are hereafter to be given to the ^f*^' °^ Master of the Rolls and the Senior Vice-Chancellor fe^'or^ice- fop the time being. Chancellor. Proceedings in Chambers. XVI. In aJl cases where matters, in respect of which Attendance summonses have been issued, are not disposed of upon "J^^^l "" the return of the summons, the parties are to attend iroxa time to time without further summons, at such time or times as may be appointed for the considera- tion or further consideration of the matter. XVII. In all cases of proceedings in chambers under Certified any Order, the solicitor prosecuting the same shall ^J^j"^ leave a copy of such Order at the Judge's chambers, proceedinBs ^nd shall certify the same to be a true copy of the™ Judges- Order as passed and entered. Se*eft™ere. XVIII. Upon a copy of the Order being left, a ^^^ ^^ summons is to be issued to proceed with the accounts summons or inquiries directed, and upon the return of such ^^n* ™ode "' 176 GENERAL OBDEKS. Orders iGth October 1852. procedure /On. On hearing, service of summons may be dis- pensed with, or substi- tuted service or notice ordered in lieu of. Further accounts or inquiries maybe ordered by judge, — or that matter may be con- sidered in open court Entry of summons or appointment in book. Lists of matters and order of their hearing. Course on motion in cliambers. Ko st^te of facts, Ac. No copies of deeds, Ac. summons, the Judge is to be satisfied by proper evi- dence that all necessary parties have been served with notice of the Order, and thereupon directions are to be given as to the manner in which each of the accounts and inquiries is to be prosecuted, the evidence to be adduced in support thereof, the parties who are to attend on the several accounts and inquiries, and the time within which each proceeding is to be taken; and a day or days may be appointed for the further attendance of the parties, and all such directions may afterwards be varied or added to as may be found necessary. XIX. If, upon the hearing of the summons, it shall appear to the Judge that by reason of absence, or for any other sufficient cause, the service of notice of the Order upon any party cannot be made, or ought to be dispensed with, the Judge may, if he shall think fit, wholly dispense with such service, or may, at his; discretion, order any substituted service, or notice by advertisement or otherwise, in lieu of such service. XX. If, in the prosecution of the Order, it shall appear to the Judge that it would be expedient that further accounts should be taken or further inquiries made, he may order the same to be taken or made accordingly, or if desired by any party, may direct the same to be considered in open court. XXI. At the time any summons or appointment is obtained, an entry thereof is to be made in a book, called " The Summons and Appointment Book," stating the date on which the summons is issued or appointment made, the name of the cause or matter, and by what party, and, shortly, for what purpose such summons or appointment is obtained, and at what time returnable. XXII. Lists of matters appointed for each day are to be made out and affixed outside the doors of the chambers of the respective Judges, and, subject to any special direction, such matters are to be heard in the order in which they appear in such list. XXIII. The course of proceeding in chambers is ordinarily to be the same as the course of proceeding in court upon motions. No states of facts, charges, or discharges are to be brought in. But when directed, copies, abstracts, or extracts of or from accounts, deeds, or other documents, and pedigrees and concise state- MASTEK IN CHANCERY ABOLITION. 177 ments, are to be supplied for the use of the Judge Orders and his Chief Clerk, and, where so directed, copies i6th October, are to be handed over to the other parties. But no If^' copies to be made of deeds or documents where the originals can be brought in, without special direction. Notice of XXIV. The party intending to use any affidavit affidavit to on any proceeding in chambers is to give notice to ^ ^^' the other parties concerned of his intention in that behalf. XXV. The practice of the'f court with respect to practice as evidence before the hearing, when applied to evidence to evidence to be taken before an Examiner in any cause subse- to hSng' quently to the hearing, is to be subject to any special directions which may be given in any particular case. XXVI. Where a Chief Clerk is directed by the Examination Judge to examine any witness, the practice and mode *y "^'s' of proceeding is to be the same as in the case of the °' ' examination of witnesses before the Examiner, sub- ject to any special directions which may be given in any particular case. XXVII. The original examinations and depositions Depositions of parties and witnesses taken by or before the Chief *»''™ before Clerk, authenticated by his signature, are to be traos-^Jjggf '*' mitted by him to the Record and Writ Office, to be there filed, and any party to the suit ur proceeding may have a copy thereof, or of any part or portion thereof, upon payment of the proper fee. XXVIII. All Orders made in chambers, and drawn Entry of up by the Chief Clerks or Registrars are to be entered P'deis made in the same manner and in the same office as Orders '" " "" ^''^' made in open court are entered. XXIX. Where any account is directed to be taken, Accounts the accounting party is, unless the Judge shall other- ^°^J° Jj wise direct, to make out his account and verify the and vertfled. same by affidavit. The items on each side of the account are to be numbered consecutively, and the account is to be referred to by the affidavit as an exhibit, and to be left in the Judge's chambers. XXX. Any party seeking to charge any accounting Notice to be party beyond what he has by his account admitted to Smt^n^ have received is to give notice thereof to the account- party of ing party, stating, so far as he is able, the amount fSf f„ t,e sought to be charged, and the particulars thereof, m charged. a short and succinct manner. Receiver's XXXI. Upon a Receiver's account bemg left m acconnt- I 3 178 GENERAL ORDERS. Orders 16th October, 1852. mode of proceeding Deposit ot boolcs of receivership- accounts. Advertise- ments to he peremptory, unless special reason for second. By whom prepared and approved. Mustiiz time for creditors or claimants to come in. Form of. Claimants must enter claims at chambers, iScc. —filing affidavits not requjfcd to take copies, but party prosecuting cause must. Adjourn- ment of day for hearing claihis. the Judge's chambers to he passed, a summons to proceed thereon is to be taken out ; and the account, when passed, is to be entered by the solicitor of the Receiver in books, in the same manner as heretofore ; but the afiSdavit verifying the account so passed is to refer to it as an exhibit, and not to be annexed to it. XXXII. When a receivership has been completed, the book containing the accounts is to be deposited in the Record and Writ Office. XXXIII. Where advertisements are required for any purpose, a peremptory and only one is to be issued, unless for any special reason it may be thought necessary to issue a second advertisement or further advertisements ; and any advertisement may be repeated as many times and in such papers as may be directed. XXXIV. The advertisements are to be prepared by the solicitor, and submitted to the Chief Clerk for approval, and, when approved) are to be signed by him, and such signature is to be sufiScient autho' rity to the printer of the Gazette to insert same. XXXV. Advertisements for creditors or other claimants are to fix a time for the creditors or claim* ants to come in and prove their claims, and to appoint a day for the hearing and adjudicating thereon, and may be in a form similar to the form set forth in Schedule D. to these Orders, with such variations as the circumstances of the case may require. SCXXVl. Claimants coming in pursuant to adver- tisement are to enter their claims at the chambers of the Judge in the " Summons and Appointment Book," for the day appointed for hearing by the advertise- ment, and are to give notice thereof and of the affidavit filed to the solicitors in the cause, within the time specified in the advertisement for bringing in claims. XXXVlli The claimants filing affidavits are not to be required to take office copies ; but the party prosecuting the cause or matter is to take office copies, and produce the same at the hearing, unless otherwise ordered in chambers. XXXVIII. If on the day appointed for hearing the claims, there are any not then disposed of, an adjournment day for hearing such claims is to be MASTER IN CHANCEKT ABOLITION. 179 fixed ; and where further evidence is to be adduced, Orders a time maybe named within which the evidence on isthOetoSer, both sides is to be closed, and directions may be If!^" given as to the mode in which such evidence is to be adduced. XXXIX. Any claimant who has not before entered Claimant not his claim, may be heard on such adjournment day, ^nJ^r^ provided he enters his claim and files his affidavit claim may four clear days prior to such day, and no certificate *e iiearil on of debts or claims shall in th» mean time have been 5^"™!!° made. XL. Creditors claiming debts not exceeding 51. need Creditors for not attend on the day of hearing, unless required to el^dto bi do so by notice from some party. ^ XLI. After the time fixed by the advertisement. Special leave no claims are to be received except as before pro- ^^fuage'for" vided, in case of an adjomrnment, unless the Judge reception of at chambers shall think fit to give special leave, upon amrflxci"^ application made by summons, and then upon such terms and conditions as to costs and otherwise as the Judge shall think fit. XLII. a list of all claims allowed shall, when Listofclalms required by the Judge, be made out and left in the allowed. Judge's chambers by the party prosecuting the order. XLIII. In cases where the court directs any com- Account- putation of interest, or the apportionment of any ant-General fund, which is to be acted upon by the Accountant- ^^n^om- General or other person, without any further order putation of from the court, the order to be made by the court apporuon- may direct such computation or apportionment to be mentof fond made by one of the Chief Clerks attached to the cferiE^when court of such Judge, and may direct the certificate ' thereof, signed by such Chief Clerk, to be acted upon accordingly, without the same being signed and adopted by the Judge. XLIV. Where an account has been directed, the Certificate certificate or report is to state the result of such J^tl re"ni?, account, and not to set the same out by way of and to refer schedule, but is to refer to the account verified by *° account. the affidavit filed, and to specify by the numbers attached to the items in the account, which, if any, of such items have been disallowed or varied, and to state what additions, if any, have been made by way j,^^ j^^_ of surcharge. In any case in which the account script to be verified by the affidavit has been so altered, that it is necessary. 180 GENERAL OEDEHS. Orders necessary to have a fair transcript of the account as '6"',^°^''''"' altered; such transcript may be required to be made. -L-i by the solicitor prosecuting the order, and is then to Accounts ^^ referred to by the certificate or report. The and tran- accounts and the transcripts, if any, referred to by referred to Certificates or reports, are to be filed therewith, but aretohefiied, no copies thereof are to be required to be taken by butnocopies™ party. . c rtifi te 3CLV. The certificates or reports to be made by report of the Chief Clerk to the Judge are not, except the Chief Clerk special circumstances of the case shall render it out'bn'^' necessary, to set out the order, or any documents or refer to evidence or reasons, but are to refer to the order, documents, documents and evidence, or particular paragraphs thereof, so that it may appear upon what the result stated in any such certificEtte or report is founded, ' Form of. XLVI. The certificate of the Chief Clerk to the Judge may be in a form similar to the form set forth in Schedule £. to these Orders, with such variations as the circumstances of the case may require, and 1° ^ -h H ^''cn prepared and settled, it is to be transcribed by by soMtor ^^^ solicitor prosecuting the proceedings, in such and signed form and within such time as the Chief Clerk shall cieS*at require, and is then to be signed by the Chief Clerk adjourn. at an adjournment to be made for that purpose. But ment, where, from the nature of the case, the certificate can be completed be drawn and copied in chambers whilst the parties witbout. are present before the Chief Clerk, the same shall be then completed and signed by him without any adjournment, fudramf -XLVII. The time within which any party is maybetalten to be at liberty to take the opinion of the Judge in four days, upon any proceeding which shall have been con- cluded, but as to which the certificate or report of a Chief Clerk shall not have been signed and adopted by the Judge, is to be four clear days after the cer- tificate or report shall have been signed by the Chief Clerk. SSte"'" XLVIII. Any party desiring to take the opinion obtained of the Judge, as mentioned in the last preceding rule, within four is within four clear days after the certificate or report *^*" shall have been signed by the Chief Clerk, to obtain ■ a summons for such purpose. "omS. XLIX. At the expiration of four cleai days after out, Chief the certificate or report shall have been signed by the MASTEK IN CHANCERY ABOUTION. 181 Chief Clerk, if no party has in the meantime ob- Orders taineda summons to take the opinion of the Judge lethOoMber, thereon, the Chief Clerk is to submit the certificate or report to the Judge for his approval, and the Judge Clerk is to may thereupon, if he approve the same, sign such certfflcate or certificate or report in testimony of his adoption report to thereof as follows :— " Approved, this day {"^^^S'' '''^ of ." L. The certificate or report, when signed by the Certificate or Judge, with the accounts, if any, to be filed there- Jf^^^ ^^ with, is to be transmitted by the Chief Clerk to the jndge to he Report Office, to be there filed. fl'ed- LI. The time within which an application may be A.ppUoationto made by summons or motion to discharge or vary ya^"^!*'" any certificate or report which has been signed and be made adopted by the Judge sitting in chambers, is to be within eight eight clear days after the filing of such certificate or *^* report. LII. Certificates of the Chief Clerk made as men- ^^^^f^ tioned in Rule XLIIL, and not required to be signed cleric not and adopted by the Judge, are to be transmitted and ?'?'®*'5,''.. filed in the same manner as those signed and adopted j," |fed. by the Judge. LIII. The Orders XLVIL, XLVIII., XLIX., ^^'^^^ and LI., are not to apply to certificates on passing Receivers' Receivers' accounts. isuch certificates may be account may approved and signed by the Judge without delay, judg^"^d ^ and upon being so signed are to be filed and forth- filed without with acted upon. ^''*5'- LIV. A register is to be kept of all proceedings in Register of the Judge's chambers, with proper dates, so that all P5°'?^£f?^^ ., ° J. . ', '^ '^ i_j_ at chambers. the proceedings m each cause or matter may appear consecutively and in chronological order, with a short statement of the questions or points decided or ruled at any hearing. LV. Parties attending any proceedings in chain- Costs of bers, without having obtained the previous leave of Ji'^S the Judge to attend the same, are not to be allowed chambers any costs of such attendance, unless by special order without of the court. LVI. The costs Of counsel attending the Judge in Of counsel. chambers are not in any case to be allowed, unless the Judge, certifies it to be a proper case for counsel to attend. 182 GENERAL ORDEliS. Orders IGth October, 18S2. Deposit of deeds. Judf^e in chambers to have powers friven to Masters by General Orders. Hia power of pnlarging or abridging time for proceedings not afl^ted. Commence- ment of Orders. Interpreta- tion. Deposit of Deeds. LVII. Where any deeds or other documents are ordered to be left or deposited, the same are to be left or deposited in the Record and Writ Office, and are to be subject to such directions as may be given for the production thereof. Power qf Judge. LVIII. Powers and authorities given to the Masters in Ordinary of the Court of Chancery by any General Order or Orders of the Court, may be exercised by the Judge sitting in chambers. LIX. The power of the court and of the Judge sitting in chambers to enlarge or abridge the time for doing any act or taking any proceeding, and to give any special direction as to the course of proceeding in any cabse or matter, is unaffected by these Orders. ' Commencement of Orders. LX. These Orders shall take effect and come into operation from and after the 1st day of Michaelmas Term, 1862. Interpretation. LXI. In these Orders the following words have the several meanings hereby assigned to them, over and above their several ordinary meanings, unless there be something in the subject, or context, repug- nant to such construction ; viz. ; — 1. Words importing the singular number include the plural number, and words importing the plural number include the singular number. 2. Words importing the masculine gender include females. 3. The word " party " includes a body politic or corporate. 4. The word " affidavit " includes affirmation. 5. The word " order " includes decree and decretal order. 6. The word "receiver" includes consignee and manager. St. Leonaeds, C. John RoMiLLy, M. R. * G. J. Turner, V.-C. RiCHD. T. KiKDBRSLEY, V.-C. FOEMS IN GENERAL ORDERS. 183 Schedule A. Orders lettaOctotei', Form of Sumiaom. 1852. In Chancery. In the Matter of John Thomas, an Infant, or Joseph Wilson aprainst William Jackson. Let all parties concerned attend at ray chambers [in the Rolls Yard, Chancery-lane, Middlesex], [or, at No. — , - Square, Lincoln's Inn, Middlesex], on th^ day of , at of the clock in the noon, on the hearing of an application on the part of \here state on, whose hehaif the op^iattion is made, and the precise object of the applicatlaa^ D»ted this day of 1852. JoHi) EoMiiXY, Master of the Kolls, or, George JajIes TtiKittR, Vice-Chancellor, or, RtCHABD T. EmDEBSLEY, Vice-Chancellor, or, John Stuart, Vice-Chancellor. This summons was taken oat by A. and B., of Lincoln's Inn, in the coanty of Middlesex, solicitors for to Thefoihvnng Note to he added to the original summons where proceedings originate in ehambers ; and when the time is altered by endorsement, the endorsement to be rtferred to as helow. Note. — If you do not attend, either in person or by your solicitor, at the time and place above mentioned [or, at the plage Above mentioned, at the time mentioned, in the endorsement hereon], such Order will be made, and proceedings taken, as the jndge may think just and expedient. N.B. — The Form of Summons to be obtained under sec- tion 45 of the act 15 ^ 16 Vict. c. 86, is prescribed by Rvle XLII. of the Orders of 7th of August 1852. Schedule B. Form of Summons by Chief Clerk. In Chancery. In the Matter of the estate of John Thomas, late of , in the county of , deceased, or Joseph Wilson against WiUiam Jackson. The defendant, William Jackson [or, A. B. of, &c.] is hereby 184 FORMS IN GENERAL ORDERS. Orders summoned to attend at the chambers of the Master of the Rolls I6th October, [oj-Vioe-Chancellor ], in the Eolls Yard, Chancery- '^^ ' lane [or, No. — , Square, Lincoln's Inn, Middlesex}, on the day of at of the clock in the noon, to be examined [or, to be examined as a witness on the part of the for the purpose of the proceedings directed by the Master of the Bolls [or, the said Vice-Chancellor] to be taken before me. Dated this day of 1853. A. B. Chief Clerk. This summons was taken out by A. and B. of Lincoln's Inn, in the county of Middlesex, solicitors for Schedule C. Form of Order. This court doth order, that the following accounts and in- quiries be taken and made; that is to say, 1. An account of the personal estate not specificEvlly beqaeathed, of A. B., deceased, the testator in the plead- ings named, come to the hands of, &c. 2. An account of the said testator's debts. 3. An account of the said testator's funeral expenses. 4. An account of the said testator's legacies. 5. An inquiry what parts (if any) of the said testator's personal estate are outstanding or undisposed of. And it is ordereld, that the said testator's personill estate not Bpeci6cally bequeathed, be applied in paymeint of his debts aAd funeral expenses in a course of administration, and theti iu pay- ment of his legacies. And it is ordered, that the following further accounts and inquiries be taken and made; that is to say, 6. An inquiry what real estate the said testator was seised of or entitled to at the date of his will and at the time of his death. 7. An inquiry what incumbrances affect the said testa- tor's real estate. 8. An account of the rents and profits of the Siud tes- tator's real estate received by, &c. 9. And it is ordered, that the siud testator's real estate be sold. And it is ordered, that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised. POEMS IN GENERAL ORDERS. 185 Schedule D. Orders 16th October, Form of Advertisement. 1862. Pursuant to a Decree or Order of the High Conrt of Chancer7, made in a canse against tlie creditors of [or persons claiming debts, or liabilities affect- ing the estate of, or the persons claiming to be next-of-kin to, or the heir of, as the case may &e], late of in the connty cf who died in or abont the month of are by their solicitors, on or before the day of to come in and prove their debts or claims at the chambers of the Master of the Eolls, in the EoUs Yard, Chancery-lane [or of the Vloe-Chancellor No. — , Sqnare, Lincoln's Inn], Middlesex, or in default thereof they vrill be peremptorily exclnded from the benefit of the said Decree [or Order.] Monday, the day of at o'clock in the noon, at the said chambers, is appointed for hearing and adjudicating upon the claims. Dated this day of 1852. A. B. Chief Clerk, SCHBDUI.E £. Form of Certificate of Chief Cleric. In the Matter of , [or between .] [State tide.'] In pursuance of the directions given to me by the Master of the KoUs [or, the Vice-Chancellor ], I hereby certify, that the result of the accounts and inquiries which have been taken and made, in pursuance of the Order in this canse, dated the day of , is as follows : — 1. The defendants, the executors of , the testator, have received personal estate to the amount of £ , and they have paid, or are entitled to be allowed on account thereof, sums to the amount of £ , leaving a balance due from [or to] them of £ , on that account. The particulars of the above receipts and payments appear iu the account marked , verified by- the affidavit of , filed on the day of , and which account is to be filed with the certificate, except that in addi- tion to the sums appearing on snch account to have been received, the said defendant! are charged with the following sums [state the same here, or in a schedule] and except that I have disallowed the items of disbursement in the said account numbered and 186 POEMS IN GENERAL ORDERS, Orders [Or in cases where a tranicript has been made.'\ ^""■jjj^"''' The defendants, , have brought in an account . verified by the affidavit of , filed on the day of , , and which account is marked , and is to be filed with this certificate. The account has been altered, and the account marked , and which is also to be filed with this certificate, is a transcript of the account as altered and 2. The debts of the testator which have been allowed are set forth in the Schedule hereto, and with the interest thereon ahd costs mentioned in the Schedule, are dtie to the persons therein named, and amount altogether to £ 3. The funeral expenses of the testator amount to the sum of £ , which i have allowed the said executors in the said account of personal estate. 4. The legades given by the testator are set forth in the Schedule hereto, and with the interest therein mentioned remain due to the persons therein named, and amount altogether to £ 5. The outstanding personal estate of the testator consists of the particulars set forth in the Schedule hereto. 6. The real estate to which the testator was entitled consists of the particulars set forth in the Schedule hereto. 7. The incumbrances afiecting the said testator's real estate, are specified in the Schedule hereto. 8. The defendants have received rents and profits of the testator's real estate, &c. [in a form similar to that provided with respect to the personal estate."] 9. The real estates of the testator directed to be sold have bsen sold, and the purchase money, amounting altogether to £ , have been paid into court. N.B.— jTAe above nunJiers are to correspond with the mimbers- im the decree. After each statement the evidence produced is to be stated as follofrs : — The evidence produced on this account [or inquiry] consists of the probata of the testator's will, the affidavit of A. B. filed , and paragraph No. of the affidavit of C. D. filed St. Lkonakds, C. John Romillt, M. E. G. J. Turner, V.-C. filOHD. T. KlNDERSl-EY, V-.C. TABLB OF FEES. 1S7 ORDER OF THE COURT. Saturday, the 23rd day of October, 1852. The Right Honourable Edward Bnrtenshaw, Lord 23rd October, St. Leonards, Lord Hif;h Chancellor of Great Britain, 18»2. by and with the advice and assistance of the Right ' Honourable Sir John Rortiilly, Master of the Rolls, the Right Honourable the Vice-Chancellor Sir George James Turner, and the Honourable the Vice-Chan- cellor Sir Richard Torin Kindersley, doth hereby, in pursuance of an act of Parliament passed in the fifteenth and sixteenth years of Her present Majesty, intituled An Act to abolish the Office of Master in Ordinary of the High Court of Chancery, and to make Provision for the more speedy and efficient Despatch of Business in the said Court, and in pursuance and execution of all other powers enabling him in that behalf, order and direct, as follows, videlicit ; — I. The Chief Clerks of the Master of the Rolls, FMf^o' Chief and Vice-Chancellors respectively, are directed to take the fallowing fees :^ Clerks, 1. For every original summons for the pur- pose of proceedings originating in chambers 2. For every duplicate thereof 3. For every other summons 4. For every advertisement 5. For every certificate or report 6. For every certificate upon the passing of a Receiver's or Consignee's account, a further fee in respect of each lOOif. received, of . . . . . . . . 7. For every order drawn up by the Chief Cleric made upon application for time to plead, answer, or demur, for leave to amend bills or claims, or for enlarging publication or the period for closing evidence, or for the production of documents, or £ s. d. 5 5 3 1 1 10 188 GENERAL OEDEKS. Orilets £ «. d. ^^'*I852''^'' applications relating to the conduct .' of suits or matters . . . . ..050 8. For every other order drawn up by the Chief Clerk 10 Fees of !!• The Registrars are directed to take the follow- Reglstrats, ing fees : — For orders made by a Judge in chambers, drawn, up by the Registrar, the like fees as before directed to be taken by the Chief Clerk for orders drawn up by him. Of K^ord in. The Record and Writ Clerks are directed to cfevks." take the following fees : — For office copies of original depositions, and examinations, per folio . . . . 4 For i^ntering appearances to Judges's sum- mons, samecharge as forappearingtoabill. For stamping every copy of a bill or claim for service .... .. .. ..050 For stamping every copy of a Judge's summons for service . . . . ..050 For examining every copy or part of a copy of a set of interrogatories, and marking same as an office copy . . 5 Received by IV, All fees received by officers of the Court, under officers tote the preceding orders, are to be accounted for and paid accounted or ^^ t^jem respectively, once in every month, into the montb. Bank, of Bngland, in the name of the Accountant- General, to be placed to the account there entitled "The Suitors' Fee Fund Account;" the amount so received and paid by such officers respectively to be verified by the affidavit of the accounting party. Of Solicitors, v. Solicitors are entitled to charge and be allowed the following fees : — For instructions to commence proceedings originating in chambers, or to defend the same . . . . . . . . . . 13 4 For preparing an original summons for the purpose of proceedings originating in chambers, and the duplicate thereof . . 13 4 For attending at chambers to get such sum- mons and duplicate examined and seiiled 6 8 For attending at the Record and Writ Office to file duplicate and examine copies, and get same stamped . . . . 6 8 1852. TABLE OF FEES. 189 . £ S. d- Order For endorsing a summons and the copies 23rd October, under Order VI. of 16th October, 1 852,' and attending to get same sealed . , 6 8 For entering the appearance for one or more defendants, . if not . exceeding three 6 8 If exceeding three, for every additional number not exceeding three, an addi- tional sum of . , . . . . ..068 In oases of proceedings originating in chambers the same term fee as in a suit. For preparing every other summons and attending to get same filled up and sealed at chambers . . . . ..068 For each copy of a summons to serve or leave at chambers . . . . ..020 For attending on a summons or other ■ appointment, each day, a fee of 6s. 8d., 13s. 4d., or ll. Is., according to circum- stances ; but the fee is to be 6s. Sd., unless a larger fee is allowed by the Judge or his Chief Clerk. Where, from the length of the attendance, or from the difficulty of the case, the Judge shall think the highest of the above fees an insufficient remuneration for the services performed, or where the preparation of the case to lay it before the Judge shall have required skill and labour for which no fee has been allowed, the Judge may allow such further fee, • not exceeding one guinea, as in his dis- cretion he may think fit. For preparing every advertisement . . 6 8 For attending to get same approved and ■ signed .. .. .. .. ..068 For attending for every order drawn up by the Chief Clerk, and at the Registrar's office to get same entered . . .'. 6 8 For attending to enter claim under Order XXXVI. of 16th October, 1852,'' and to file affidavit 6 8 For perusing the affidavits of claimants • Ante, 173. » Ante, 178. 190 GENERAL ORDERS. Orders 2Sra October, 1852. coming in under Order XXXVI.' of I6th October, 1852, and attending in cham- bers at the time appointed by the adver- tisement, where the number of claims does not exceed five Where the number exceeds five, for every additional number, not exceeding five, an additional sum of For attending to bespeak and procure office copy of CCTtificate or report For all other business performed such fees as by the practice of the court they are entitled to for similar business. (Signed) St. Leonards, C. John Romilly, M. R, G. J. Turner, V.-C. Richard T. Kindersley, V.-C. 1 1 1 1 6 8 ORDER OF COURT. Monday, the 2ith day of October, 1852. The Right Honourable Edward fiurtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, doth hereby, in pursuance of an act of Parliament passed in the fifteenth and sixteenth years of the reign of Her present Majesty, intituled ^n^ci /or the Relief of the Suitors of the High Court of Chancery, and in pursuance and execution of all other powers enabling him in that behalf, order and direct that all and every the Orders, Rules, and Directions hereinafter set forth shall henceforth be, and for all purposes be deemed and taken to be, ." General Orders and Rules of t]ie High Court of Chancery," viz. : — pi^Sigs, ■'• ■'" ^'^"^ °^ copies of pleadings and other proceed- licc., instead ings in the Court of Chancery, and of the documents °f *'*"e _ relating thereto,* being made and delivered by officers cers.'to'be " of the court at the office in whioh they are filed or left, made accord- copies of such pleadings, proceedings, and documents relnlaUons (save as hereinafter excepted), are to be made, -deli- in order. 3 Ante, p. 178. « See 15 & 16 Viot. c. 87, s. 5, ante, p. 101. SUIIORS IN CHAIfCEKT RELIEF. 191 vered, charged, and paid for according to the following Orders regulations : — ssthOctober, 1. The following copies are exempted from this i?^' Order, that is to say, office copies of proceedings filed Exemption of in the Report Office ; office copies of answers, pleas, Jr^'orter*' and demurrers; office copies of depositions of wit- nesses, and examination of parties to be made for and taken by the party on whose behalf such depositions and examinations have been taken ; office copies of affidavits to be made for and taken by the party filing the same ; and office copies of affidavits to be taken under Order XXXVII., of I6th October, 1852.* 2. The party or his soUcitor requiring any copy. Party save as hereinbefore excepted, is to make a written ™p"g"f^ application, to be delivered to the party by whom the makewritten copy is to be furnished, or his solicitor, with an under- application taking to pay the proper charges. nndertaking 3. Upon such requisition being made with such to pay undertaking as aforesaid, copies of such pleadings, <=''"ses- proceedings, or documents, are to be made by the party ^^^y° *"" or his solicitor filing or leaving the same, or who under party fllins the first rule may have taken office copies thereof. pleadings &c, 4. The copies are to be ready to be delivered at the taken office expiration of forty-eight hours after the delivery of copies. such request and undertaking, or within such other ^I?* f'"' time as the court may in any case direct, and are to be ° ''^"^ delivered accordingly upon demand and payment of the proper charges. 5. The charges for all such copies are to be at the Charges for. rate of 4d. per folio. 6. Copies of bills of costs are to be made side for side, of bills of soastocorreapondwiththebills of costs left in the office. ™^^ '"'^ 7. The folios of all copies are to be numbered con- .' , secutively in the margin thereof, and the name and ^^g ?' ' address of the party or solicitor, by whom the same is making same made, is to be endorsed thereon in like manner as jo^gjon . upon the proceedings in the court ; and such party or tobeanswer- solicitor is to be answerable for the same being true ^^^ *"■ "' copies of the original, or of an office copy of the ori- eopjf * ginal pleadings, proceeding, or document of which it purports to be a copy, as the case may be. 8. In cases of ex parte applications for injunctions, 'i''.'^^"' or writs of ne exeat regno, the party making such ap- mua^^e' » Ante, p. 178. 192 GENERAL ORDERS. Orders 25th October, 1852. delivered immediately in certain ex parte applications. Party who has taken office copy mustprodnce same at chambers. Office copies, and copies to be famished, how written. Refusal of solicitor to famish. Neglect to furnish. Costs of, not allowed unless Teqttisite, &c. plication is to deliver copies of the affidavits upon which it is granted, upon payment of the proper charges immediately upon the receipt of such written request and undertaking as aforesaid, or within such time as may be specified in such request, or may have been directed by the eoiu-t. , 9. Any party or solicitor who has taken any office copy mentioned in Rule 2, is to produce the same in court, or at the Judge's chambers, when required for the purpose of the proceedings to which the same relate. II. That all office copies, and copies to be famished by parties or their solicitors, shall be viritten on paper of a convenient size, with a sufficient margin, :and in a neat and legible manner, similar to that which is usually adopted by law stationers ; and in the case of copies to be furnished by parties or their solicitors, unless so written, the parties or solicitors furnishing them shall not be entitled to be paid for the same. III. That in case any solicitor who shall be re- quired to furnish any such copy as aforesaid shall either refuse, or for two cleM days from the time when the application for such copy shall have been made, shall . neglect to furnish the same, the person by whom such application shall be iuade shall be at liberty to procure a copy from the office in which the original shall have been filed, in the same way as if no such application had been made to the solicitor, and in such case no costs shall be due or payable to the solicitor so making default in respect of the copy or copies so applied for. IV. That in case any solicitor by whom any such copy ought to be furnished, shall neglect to do so for such two clear days as aforesaid, or for one clear day, an addition of two clear days or one clear day, as the case may be, shall be made to the period within which any proceeding which may have to be taken after obtaining such copy ought to be so taken, so that the person requiring such copy may be as little prejudiced as possible by such neglect as aforesaid. V. That the Taxing Master shall not allow any costs in respect of any copy so taken as aforesaid, unless the same shall appear to him to have been requisite, and to have been made with due care both as regards the contents and the writing thereof. SUITOBS IN CHANCEET RELIEF. 193 VI. That from and after the first day of November Oivlers next, all the fees now payable in relation to such pro- asthootoier, ceedings in the said court as are mentioned in the ]^' first part of the first schedule hereinafter contained Fees shall be abolished ; and the fees specified in the /''"ij^^ioi second part of such schedule shall be payable, and H"" 'F\ the same (save as provided by the seventh of these collected by Orders) shall be collected, not in money, but by stamps means of stamps denoting the amount of such fees, ''"'**' J"" ^""'^ stamped or affixed, at the expense of the parties liable to pay the fees, on or to the vellum, parchment, or paper on which the proceedings in respect whereof such fees are payable are written, or printed, or which may be otherwise used in reference to such proceeding. And where any of the fees specified in the second stamps to tie part of the said first schedule shall be payable in "^v^caton respect of any matter or thing to be done by any for, when, officer, or in any office of the court, and it shall not have been customary to use any written or printed document or paper in reference to such matter or thing, whereon the stamp could be affixed, the party or his solicitor requiring such matter or thing to be so done, shall make application for the same, by a short note or memorandum in writing, and a stamp denoting the amount of the fee so payable shall be stamped on, or affixed to, such note or memorandum. VII. That in all cases where the costs are directed cost directeri to be paid out of a fund in court, the fees of taxation totepaidout shall not be payable by means of stamps, but shall l^^^^f '" be carried over by the Accountant- General to the credit of the Suitors' Fee Fund ; and, to that intent, the Taxing Master shall in such cases certify the amount of such fees. VIII. That from and after the 28th October, 1852, A^countant- the brokerage which shall or may from time to time brokra-age be received by the Accountant-General of the Court to be paid to of Chancery shall be paid by him, on the first day of |;^^™ ^^ every month, or as soon after as conveniently may be, account, into'the Bank of England, to be there placed to his credit as such Accountant-General, to the account entitled " The Suitors' Fee Fund Account." IX. That subject to the superintendence and direo- Clerks of to tion of the Accountant-General of the Court of Chan- '^"^1^^^' eery, with the approbation of the Lord Chancellor, sehedole, to the first, second, and third clerks in each division of "^ collected 194 GENEEAL OEDEES. Ovders the Accountant-GeDeral's office, shall, from and after ^i^o^'ber, the said 28th day of Octoher, 1852, and until other '. order or provision shall be made in that behalf, con- by stamps, tinue to perform the acts or duties hitherto performed counted for ^7 ^uch clerks, and which are mentioned in the said (post, y.ioi.) second schedule, in addition to the duties prescribed by act of Parliament as heretofore ; and such fees as are specified in the second schedule hereto shall be paid for such acts as aforesaid, to be accounted for in like manner as the other fees now received in the office of the said Accountant-General, and to be coUeoted by means of stamps in like manner as pro- vided by Order VI.; and from and after the said 28th day of October, 1852, no other person shaU perform such acts or duties. Gommis. And in order to enable the Lord Chancellor, with sionere of the consent of the Commissioners of Her Majesty's flx^aSsof Treasury, from time to time to fix the amount clerks. of the yearly salaries to be paid to such clerks, the Accountant-General shall every six months make a return to the Lord Chancellor of the amount re- ceived during the preceding six months in respect of such fees. The First ScheduIiE to which the foregoing Orders refer. Part I. — Fees now Payable which are to be Abolished. Masters' Office, aboUshei *"'" drawing every report exclusive of schedules of £ s. d. accounts of parties accounting before the Masters, and exclusive of the fee on signing, per folio ... 1 For drawing schedules of accounts of parties ac- counting before the Master, per folio 6 For taking the acknowledgment of any deed ... 6 For searching for papers in a cause or matter not in immediate progress before the Master 6 8 For entering accounts of receivers, consignees, and committees, per folio, in each book 4 For entering accounts of parties accomiting before the Master in a book, if required, per folio ... 4 TABLE OP FEES ABOLISHED. 195 f .... £ s. d. Orders tor every exhibit 2 6 25tliOetoher, When a Master shall be required to attend a party *852- t(j administer on oath, there shall be paid a " fhrther fee of 10s. over and besides the coach hire, or reasonable travelling expenses of the Master 10 And for copies of every docnment or writing made in the Ma.ster's Office, and also for the transcript of every report, pursuant to the act of Parlia- ment 3 & 4 Will. 4, cap. 94, and the General Orders of 26th October, 1842, per folio 4 Begutrars' Office. 1. For every decree or order on the original hear- ing of the cause, and on further directions 3 10 2. For every office copy thereof 2 3. For every order on petition or motion of course, not exceeding one side ... 3 4. For every additional side of such order ... 1 5. For every order on other petitions, where the reference is directed, but the decision of the Master is not to be final, and also where the petition is dismissed ... ... ... 10 6. For every office copy thereof ... ... ... 10 i. For every order for a special injunction, or for the appointment of a receiver .,. ... 2 10 8. For every office copy ... ... ... ... 1 9. For every order for payment of money out of court, and for no other purpose, where the snm or sums thereby specifically directed to be paid shall not exceed in the whole lOOl 10 10. For every office copy thereof ... ... ... 5 11. Fflr every order of transfer out of court, or sale of any snm or sums of government stock or South Sea Annuities (excepting long annnitiea and annnities for terms of years), and for no other purpose, where the sum or sums thereby specifically directed to be transferred or sold shall not exceed in the whole 100^. stock or annnities 10 12. For every office copy thereof 5 13. For every order for payment out of court of any annuity or annuities, not exceeding in the whole 52. per annum, or of any interest or dividends upon stock or annnities, not exceeding in the whole 51. per annum, and for no other purpose ... ... ... 10 14. For everyoffice copy thereof 5 k2 196 TABLE OF FEES ABOLISHED. Orders 25tli October, 14a. For every office oojiy of every other order for 1862. payment or transfer out of court ~~" ' 15. For every other order on special motions 16. For every office copy thereof ... 17. For every order on arguing exceptions 18. For every office copy thereof 19. For every order on arguing pleas and demurrers 20. For every office copy fliereof ... 21. For every order on petition of appeal or re- 1 1 10 2 1 1 10 2 1 2 1 10 5 10 5 6 2 10 1 5 22. For every office copy thereof ... 23. For every order on petitions not herein other- wise specified 24. For every office copy thereof ... 25. For every order in any matter of lunacy 26. For every office copy thereof ... 27. For every order in any matter of bankruptcy... 28. For every office copy thereof ... 29. For every copy of a petition of appeal on the rehearing, per side 30. For every order on the hearuig of a claim on further directions ... 31. For every office copy thereof ... 32. For every order on arguing exceptions (on claim) 33. For every office copy thereof ... 34. For every order (on a claim) for transfer out of court or sale of any government stock, &c., exceeding 1002. stock or annuities; and for every order for payment out of court of any annuity or annuities, or of any interest or dividends upon stock or annuities, exceeding in the whole 52. per annum ... ... 1 10 35. For every office copy thereof ... ... ... 10 36. For every order for payment of money out of court where the snm or sums thereby di- rected to be paid shall exceed 1002. and shall not exceed in the whole 9002.; and for transfer out of court or sale of any sum or sums of government stock or South Sea annuities (excepting long annuities or annuities for terms of years), when the snm or sums thereby directed to be transferred or sold shall exceed 1002, and shall not exceed in the whole 5002L, and for payment out of court of any annuity or annuities exceeding 52. and not exceeding in the whole 252. per annum, or of any interest or divi- dends upon stock or annuities exceeding 52. TABLE OP FEES ABOLISHED. 197 and not exceeding in the whale 251. per annum, and for no other purpose .., 37. For everj office copy thereof ... 38. For every other order for payment or transfer out of court 2 Report (^^e. Searches, erf. per year , .006 Examination of office copies for evidence, per folio of ninety words 1^ Entering Seats, For every order or decree left for entry, containing 168 words oa a side 6 For every certificate on Master's report ... ... 1 Bntering every attachment 2 £ s. d, . Orders aSthOctolier, 1 1852. 10 For filing every afiidavit, with or without schedules, or other papers thereto annexed ... ... 4 For the registrar's or his deputy's hand to every copy of an affidavit, with or without schedules or other papers thereto annexed ... ... ... 1 For every search for an affidavit for each term, 6d., with the liberty of reading it over, if found ... 6 For searching for, and taking an original affidavit oS the file in order to attend the Lord Chancellor or Master of the Rolls therewith, or to be made use of in any court 6 8 For attending therewith, at the Lord Chancellor's, or at any of the courts at Westminster, or in London, each time 6 8 For examining the copy of every affidavit, with the original, in order to make use of such copy as ■mdence in any other court than the Court of Chancery 10 Taking affidavits for distringas 10 For carrying an original affidavit by the Registrar, or his deputy, to any assizes, for each day, includ- ing horse hire and expenses ... ... ... I 1 For trouble, attendance, and taking security to return an original affidavit to the office, when by an order of the conrt such original affidavit is directed to be delivered to an associate or clerk of assize, to be made use of at the assizes 6 8 For every exhibit 2 6 k3 198 TABLE OF FEES ABOLISHED. Orders # 25th October, Examiners. 1652. £ I. d. Every witness sworn, including oath ... ... 2 6 Ditto, sworn, and not examined, including oath ... 5 Every witness ezamined on close holidays t 7 8 Examining copy depositions, with record to prove on trial at law, if more than forty sheets, for each sheet 2 Record and Writ Clerhs. Sealing special injunction ... ... ... IIOO Re-sealing any ■writ, or any alteration thereof ... 3 Every exemplification, per skin, exclusive of parch- ment and duty ... ... ... 1 14 Amending every office copy, if more than ten folios, for every folio over ... ... ... ... 4 Search for records when in record-room, or for any person not being a party in the cause, for each year after the first year ... ... ... 1 Every exhibit to an affidavit, &c. ... ... 2 6 Taxing Masters. For copies of bills of costs, and other documents, per folio 4 For drawing every report, per folio ... ... 1 Per centage on amount of every bill of costs as taxed 2 10 For every exhibit 2 6 Doorkeeper of the Court of Chcmcery. For every cause heard on each side In every further directions, ditto In every exceptions, each set Every appeal, or re-hearing, one side ... „. Every plea, or demurrer, one side ... Every guardian assigned Out of 12. paid on setting down every petition ^^.. Every lunatic petition Every witness examined vfoo voce Every prisoner by AoSea* cojyas Setting down causes to be heard Setting down cause at Bolls Term fee from Attorney-General Term fee &om Solicitor-General 13 13 13 13 13 13 3 3 1 6 2 6 1 1 1 10 I TABLE OF FEES ABOLISHED. 199 £ B. d. Orders Upon swearing into o£5ces before the' Lord Chan- 25tb Octolier, cellor 2 12 6 '*''^- From each Queen's Counsel per Term 1 12 RolU Court. — Secretaries. For drawing and copying every order of course ... For entering every order of course For entering every order for setting* down further directions, exceptions, pleas, and demnrrers For filing every petition for an order of course For answering and setting down every petition for hearing For setting down every cause for hearing ,,, For setting down every cause on further directions For setting down every set of exceptions ... Ditto demnner Ditto plea Ditto rehearing ... For advancing every cause... For entering every caveat against the enrolment of a decree or order For every docket of decree or order signed by the Master of the Bolls For every oSBce copy of an order ... For every fiat of enrolment On hearing out of Term of every cause, further directions, pleas, demurrers, and where decree is made, each party ... ... ... ... 13 On hearing of every petition in which an order is made, the petitioner pays ... ... ... 7 From each party, on the hearing of a cause in Term time 2 6 From each party, on the hearing of a cause in Sfichaelmas and Hilary Terms only I For papers left at the secretary's office for the Master of the Bolls on further directions, exceptions, &c. 5 For every recognizance vacated 6 On the appointment of every guardian in court for infants out of Term 7 For silk gowns. — A fee payable by each of Her Majesty's counsel attending at tiie BoUs Court, for each Term 12 6 In the Office of the Accotmtant-General. Certificate of payment in nnder order 2 Ditto under act of Parliament .„ 4 5 6 6 6 1 6 6 1 12 6 10 10 10 1 10 5 2 6 6 5 6 18S9. £ 1. d. 2 4 3 6 2 2 6 1 6 2 6 5 5 5 6 4 5 5 200 TABLE OF FEES ABOLISHED. Orders ^OiOetotieT, Certificate of transfers into court under order Ditto under act ... Oertificate of investment of principal money Ditto of interest money Certificate of sale of stock Certificate of transfer of stock out of court Carried over Deposit of Exchequer bills Delivery out of ditto Investment of principal money in Exchequer bills... Ditto of interest money in ditto Sale of Exchequer bills ... Exchange of Exchequer bills Chancery Siitypoma Office. For every subpoena... ... ... ... ... 5 6 For sealing every distringas 5 6 For filing affidavit 10 In the Office of the Secretary of Decrees and InjaacUont, Enrolling Lord Chancellor's and Vice-Chancellor's decree ... The like, Master of the Rolls Vetition to emol, nunc pro tunc ... Answering same ... If private seal enrolling decree, extra Searching if decree enrolled or caveats entered 10 6 10 6 1 10 3 9 1 Part II. — Fees to SB collected by meass oe SfAitPs. In the Judges' Chambers. Fees to be For every original summons for the purpose of pro- collected by ceedings originating in chambers ... ... 5 stamps. For every duplicate thereof ...' 5 For every other summons.,. .&. .%. ... 3 For every order drawn up by the chief clerk, made upon applioations for time to plead, answer, or demur, for leave to amend bills or claims, or for enlarging publication, or the period for closing evidence, or for production of documents, or ap- FEES TO BE COLLECTED BZ STAMPS. 201 plications relating to the condact of suits or matters For eyeiy other order drawn up by the chief clerk... or every advertisement For every certificate or report For every certificate npon the passing of a receiver's and consignee's acconnt, a further fee in respect of each 100/. received of 10 In the Masters' Offices. For every warrant or snmmons ... ... ... o 3 For every certificate or report 10 For taking the acknowledgment of eveiy married woman ... ... ... ... ... ... I 6 8 For attending any court per day by the clerk ... 14 For every oath 16 For every certificate npon the passing of a receiver and consignee's accoant, a further fee in respect of each 10021 received of ... 10 In the Segistrars' Office. For every decree or decretal order on the hearing of a cause, or on further directions; and on the hear- ing of a special case, including the court fee and the charge for entry ... ... ... ... 4 For every order for transfer or payment out of court of an amount not exceeding 2002. stock or cash, or interest on stock not exceeding 102: per annum, and for every order on petition where the petition is dismissed 10 For every order for transfer or payment out of court of an amount exceeding 2002., but not exceeding 5002. stock or cash, or interest on stock exceeding 102. per annum, and not exceeding 251. per an- num, and for every order on special motion not herein otherwise specified ... ... ... 1 Far every order on the hearing of claims, pleas, demurrers, exceptions, or on petitions not herein otherwise specified, or on petitions of appeal, re- hearing for injunctions, receivers, and for writs of ne exeat regno ... ... ... ■■• ... 2 For every office copy of a petition of appeal or re- hearing _ 10 For every order on petition or motion of course, including the entry thereof 5 For every (SSce copy of a decree or order I £ s. 5 * Orders 25th October, 1852. 1 1 1 202 FEES TO BE COLLECTED BT STAMPS, Orders 25th October, 1863. In the Report Office. Upon every application for a search For all office copies, at per folio ... £ t. d. 4 Affidavits. For filing every affidavit, with or without schedules or other papers thereto annexed, including ex- hibits, (if any) ... For the copy of every affidavit, for each folio Upon every application to inspect an affidavit Upon every application for the officer to attend with an affidavit or affidavits at the Lord Chancellor's, or at any of the courts at Westminster or in London, each day Upon every application for the officer to carry an ori^nal affidavit to any assizes, for each day, besides reasonable expenses of officer ... For every deponent, affirmant, or declarant to an affi- davit, affirmation, or declaration sworn, affirmed, or declared in London or within ten miles of Lincoln's-inn Hall ... Upon any application for the officer to attend an invalid, imsluding the attendance In the Examiners' Office. For filing interrogatories For all office copies, per folio For every witness sworn and examined, including oath for each hour For every witness sworn and examined abroad (besides coach hire and reasonable expenses) ... If more than five miles irom the Examiners' office, for the first day ... ... For every other day ... For attending the Lord Chancellor or the Master of the Rolls with record, per day For attending any Master at his office For attending with record in any other court or place in London or Westminster, per day „. If in the country, per day, besides reasonable expenses Upon every application to inspect depositions, in- cluding the inspection Upon every application to examine copies of depo- sitions, with record to prove on trial at law Upon every application to search book for causes, including search ... 10 10 1 10 10 10 5 1 7 3 5 1 Q FEES TO BE COLLECTED BX STAMPS. 203 £ ». d. Orders Upon every application to search book for depositions, 25th October, inclnding search ... ... ... ... 1 "'*2- N. B. — These fees will shortly cease to be payable when the new system comes into operation. In the Record and Writ Ckrhs' Office. For all office copies, per folio Filing every bill or information ... "... For filing every claim For filing every special case Upon entering every appearance if not more than three defendants If more than three and not exceeding six defendants And the same proportion for every nnmher of defen- dants. For sealing an attachment or distringas, for not ap- pearing or answering For every certificate For every copy of a bill or claim to be served For every writ of summons, distringas, or snbpoena For filing and entering duplicate of every judge's summons For stamping every copy thereof ... For sealing every other writ For every oath, afBrmation, declaration, or attesta- tion upon honour ... ... ... ... 1 6 For examining every copy, or part of a copy of a set of interrogatories, and marking same as an office copy ... ... ... ... ... 5 Upon every application for a search for a record, and for searching 2 Upon every application to inspect a record, and for inspecting the same ... ... ... ... 5 Upon every application to inspect exhibits, if occu- pied not more than one hour ... ... ... 5 If more than one hour, per diem 10 Upon every application for the officer's attendance in Courts of Law per diem, and for his attend- ance, besides reasonable expenses of the officer ... 1 Upon every application for the officer's attendance in a Court of Equity, per diem 10 For examining and signing enrolments of decrees and orders ... ... ••• _ ••• ■•. 3 For filing caveat against claim to revive, or against decree or order or enrolment 5 For filing supplemental statement or statement for revivor ... ... ... ... ... ... 10 4 1 5 1 7 14 8 4 5 5 5 5 1 204 FEES TO BE COLLECTED BT STAMPb. Order . ^ *. <*• 25th October, For office copies of depositions taken before Examiner, '^- at per folio 4 In the Taacmg Masteri Offices. For every warrant or summons, but not more than one order or summons is to be issued on one bill, or set of bills, unless the Taxing Master shall think it necessary to issue a new warrant or summons ... ... ... ... ... 3 On signing every report and certificate ... ... 1 Upon the Master's certificate of every bill of costs, as taxed, where the amount shall not exceed 201. 10 Upon every additional 202., or fractional part thereof, a further fee of 10 For every oath, affirmation, or attestation upon honour ... ... ... ... ... ... 1 6 In the Lord CAanceUor's Principal Secreta/ry't Office. On all attendable petitions, appeals, re-hearings, and letters missive ... ... ... ... 1 On all non-attendable petitions ... ... ... 10 On a matter of course order, on a petition of right 10 On an order for a commission on a petiBon of right 10 In the Office of the Secretary at the BoUs. On every petition set down for hearing, to include the fee on hearing ... ... ... ... 1 On the petition for every order of course ... ... 7 On the admission of every solicitor ... ... 1 17 Fees to the The SECOND Schbdolk to which the foregoing Order refers: office of the Accountant- In the Office of the Accouatamt-General. General 1. For preparing English power of attorney with affidavit, exclusive of stam^ duty 3 6 2. For preparing foreign power of attorney without affidavit 3 3. For special power of attorney ... 5 4. For copies of accounts, debtor and creditor's side, per folio, as to be explained by General Order 3 5. Upon every application for a search ... ... 5 (Signed) St. Leonabds, C. 205 ORDER OF COURT. 9th November, 18S2. (a) In pursuance of an act of Parliament passed in the Orders sixteenth year of the reign of Her present Majesty, "^"^j^" ^' intituled An Act for the Relief of Suitors of the High Court of Chancery, I do okder that there shall be paid for entering and examining the decrees and orders and other documents of the said court, under the direction of the Clerks of Entries, and for The Clerks of making, writing, counting, and examining all oflBce ^°^?° '° ^^ and other copies of official documents and records of f^tbings per the court, under the control of the Master of the Re- Mi" for jorts, the sum of five farthings per folio of ninety aeS^esf 4^- words, and the sum of five farthings per folio for ^^^ ^^^^ examining and counting those copies that are brought farthing per by the solicitors and suitors of the court, to be marked '"'"P P" ^^- as office copies And I do further order, thatthe said c^™"*^' °'' decrees and orders, and other documents, shall be en- brought tote tered, under the direction of the Clerks of Entries, in S* copies. the books kept by them for that purpose, without j)e„egs g^ abbreviation, and in. a clear, legible hand; and that tobeentered, all office copies shall be made and written without *°*''*!™^ abbreviation, and in a clear and legible band ; the madewithout number of folios actually made, copied, counted, and abreyiation, examined, to be verified by the certificate of the Clerk J^ Smi'^ of Entries and the Master of Reports respectively. And I do further order, that it be referred to the - Master to whom the matter of the suitors shall, from Master to time to time, stand referred, to take account of what ^^y^^^l shall be due, from time to time, for such writing, for writing entering, counting, and examining, actually done, *'\*''^, under the control of the Clerk of Entries and the SfEntrie" " Master of Reports respectively,. at the rate aforesaid; and that the said Master to whom the matter of the suitors shall from time to time, stand referred, do, from time to time, certify the sum due in respect (a) See Beavan's Chancery Orders, 534. K' 2 206 GENKKAI- OEDEES. Orders thereof, and to whom the same ought to be paid ; ''°™™^*'' ^' and that the amount, so certified, be paid accord- — .' ingly, by the Governor and Company of the Bank Provision for of England, out of any cash which may at that time of sStor's"" be remaining in the bank, to the credit of the account. Fee Fnnfl. intituled " The Suitors' Fee Fund Account." And for the purposes aforesaid, the Accountant-General of the said court shall draw on the bank, according to the form prescribed by the act of Parliament, and the General Rules and Orders of the said court in that case made and provided. And let this Order be drawn up and entered by the Registrar of the said court. St. Leonards, C. ORDER OF COURT. Wednesday, the 10th day of November, 1852. The Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, doth hereby, in pursuance of an act of ParUament passed in the fifteenth and sixteenth years of the reign of Her present Majesty, intituled An Act for the Relief oji the Suitors of the High Court of Chan- cery, and in pursuance and execution of all powers enabling him in that behalf, order and direct as fol- lows, videlicet : — All office copies and other copies of proceedings and documents shall be counted after the rate of ingsinciuii- ninety words to the folio, and where the same, or any of oonntin& portion thereof, shall be written with columns containing figures, in every such case each figure or combination of figures representing a distinct denomination shall be counted as one word, there- fore 415 U. I6s. 9d. would count as three words. (Signed) St. Leonards, C. OfiBce and other copies of proceed- G£NEKAX ORDERS. 207 ORDER IN LUNACY. Tuesdat/, the 16th day of November, 1852. I, Edward Burtenshaw, Baron St. Leonards, Lord Orders High Chancellor of Great Britain, intrusted hy virtue ''"^^j^'''®' of the Queen's sign manual with the care and com- " mitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, do order. That all office copies and other copies of proceed- ^™™1 ings and documents in matters in lunacy shall be ofproS-' counted aftfer the rate of ninety words to the folio, ™e^ >" and where the same, or any portion thereof, shall be mJae o7 written with columns containing figures, in every such counting, case each figure, or combination of figures represent- ing a distinct denomination, shall be counted as one word, therefore 4151/. I6s. gd. would count as three words. (Signed) St. Leonards, C. ORDER OF COURT. 27th November, 1852. (a) . In pursuance of an act of Parliament passed in the sixth year of the reign of Her present Majesty, inti- tuled An Act for abolishing certain offices of the High Court of Chancery in England, I do order that from and after the 28th day of October, 1852, there shall be allowed and paid the sum of one farthing per One farthing folio for examining those copies of affidavits and other flowed to ° documents that are brought by the solicitors and examining suitors of the court to be marked as office copies in ^Jjfg,jt j^j^ the Office of Records and Writs. And let this order the Record be drawn up and entered by the Registrar of the said »^^Writ court. John Romilly, M. R. SarMs"' office copies. (a) See Beavan's Chancery Orders, p. 534, b. K* 2 208 GENERAI, ORDERS. ORDER OF COURT. Friday, the Srd day of December, 1852. Orders The Right Honourable Edward Burtensbaw, Lord Keocmber 8, gt. Leonards, Lord High Chancellor of Great Britain, ' doth hereby, in pursuance of an act of Parliament passed in the fifteenth and sixteenth years of the reign of her present Majesty, intituled An Act for the reUef of the Suitors of the High Court of Chancery, and in pursuance and execution of all pther powers enabling him in that behalf, order and direct as fol- lows, that is to say, Stomps to be I. That the Commissioners of Inland Revenue do prepared by prepare stamps impressed upon adhesive paper, of sioners of the amounts following, that is to say, threepence, Inland fourpence, eightpence, one shilling and fourpence. Revenue. ^^^ shilling and sixpence, two shillings and sixpence, and two shillings and eightpence. How to be n. That such stamps shall be a£Eixed by the parties '"^- requiring to use the same on the vellum, parchment, or paper on which the proceeding in respect whereof such stamps may be required is written, printed, or engrossed, or which may be otherwise used in reference to such proceeding, stamp HI. That every ofiBcer of the Court of Chancery dfcnment^to ^'"' ^^^ receive any document to which a stamp be obijte- shall be so affixed, shall immediately upon the receipt "^fiT* ''^ thereof obliterate or deface such stamp, by impressing Court pre- thereon a seal to be provided for that purpose, but so vious to its as not to prevent the amount of the stamp from being deUTCred*" ^^'^^'^*™^''' ^"'^ "" ^^°^ document shall be filed or out. delivered out until the stamp thereon shall be ob- literated or defaced as aforesaid. GENERAL ORDERS. 209 ORDER OF COURT. Saturday, the ith day of December, 1852. The Right Honourable Edtrard Burtenshaw, Lord orders St. Leonards, Lord High Chancellor of Great Britain, Deoemiier i, doth hereby, in pursuance of an act of Parliament ' passed in the fifteenth and sixteenth years of the reign of Her present Majesty, intituled An Act for the Relief of the Suitors of the High Court of Chancery, and in pursuance and execution of all other powers enabling him in that behalf, order and direct as follows : — I. When no certificate of the taxation of a bill of eui of costs costs shall be required, the ad valorem duty directed to have a by the Order of the 25th day of October to be levied iJ^X^of ""^ by stamps on the Master's certificate shall nevertheless the whole or be due, and shall be payable on the amount of the bill ^F* taxed, as taxed, or on the amount of such part thereof as certificate of may have been taxed ; and the solicitor is in such case taxation to cause the proper stamp (the amount thereof to be "*™"'' • fixed by the Master) to be impressed on or annexed to the bill of costs. II. The fees hereunder specified shall hereafter be Fees to be collected, not in money, but by means of stamps g^mj'/**'^ denoting the amount of such fees, stamped or aifixed, at the expense of the parties liable to pay the fees, on or to the vellum, parchment, or paper on which the proceedings in respect whereof such fees are payable are written or printed, or which maybe otherwise used in reference to such proceedings. 1st. In the Registrar's Office. For Orders made by a Judge in chambers, drawn up by the Registrar, the like fees as by the Order of the 23rd October, 1852, are directed to be taken by the Chief Clerks to the Judges for Orders drawn up by such Chief Clerks. k2 3 £ s. d. 210 GENERAL ORDERS. Orders December 4, 1862. 2nd. .In the Record and Writ Clerks' Office. For amending every record of any bill. . . . For amending every oflSce copy thereof . . Copies of documents left as exhibits, per folio d. 4 (Signed) St. Leonards, C. ORDER OF COURT. BuBineBS referred to Conveyanc- ing Counsel, by whom to lie distri- buted. Distiibution to be made according to rotation: Thursday, the I6th day of December, 1852. The Right Honourable Edward Burtenshaw, Lord St. Leonards, Lord High Chancellor of Great Britain, doth hereby, in pursuance of an act of Parliament passed in the fifteenth and sixteenth years of the reign of Her present Majesty, intituled An Act to abolish the -Office of Master in Ordinary of the High Court of Chancery, and to make provision for the more speedy and. efficient despatch of Business in the said Court, and in pursuance and execution of all other powers enabling him in that behalf, order and direct as follows : — L The business to be referred to the Conveyancing Counsel nominated by the Lord Chancellor, under the 15 & 16 Vict. c. 80, s. 41, is to be distributed among such Counsel in rotation by the first Clerk to the Registrars for the time being, and during his occasional or necessary absence by the second Clerk to the Registrars for the time being, and during the occasional or necessary absence of both such Clerks, then by such one of the other Clerks to the Registrars as the first Registrar for the time being may nominate for that purpose. IL The Clerk making such distribution as aforesaid is to be responsible that the business is distributed according to regular and just rotation, and in such manner as to keep secret from all persons the rota or succession of Conveyancing Counsel to whom such GENERAL OEDEES. 211 business is referred ; and it shall be his duty to keep Orders a record of such references, with proper indexes, and December 16, to enter therein all such references. ^i^' III. When the Court, or a Judge sitting at Cham- Memoran- bers, shall direct any business to be referred to any dnm or such Conveyancing Counsel, a short memorandum or S""!® °'^ minute of such direction is to be prepared and signed court or ^ by the Registrar, if the same shall have been given in JniJge a' Court, or by the Judge's Chief Clerk if given in Cham- fern"g%u'i- _ber3, and the party prosecuting such direction, or his ness to Con- solicitor, is to take such memorandum or minute to JoSsei'how the Registrar's Clerk, whose duty it shall be to make mepared, such distribution as aforesaid ; and such Clerk is to ^"^ ! " add at the foot thereof a note specifying the name of the Conveyancing Counsel in rotation, to whom such business is to be referred, and such memorandum or minute is to be left by the party prosecuting such —to be left direction, or his solicitor, with such Conveyancing ™*^£?°™''' Counsel, and shall be a sufficient authority for him to counsel. proceed with the business so referred. IV. In case the Conveyancing Counsel in rotation counsel in shall from illness or from any other cause be unable rotation or decline to accept any such reference, the same shall or declining be offered to the other Conveyancing Counsel appointed to accept as aforesaid successively, according to their seniority ''"^'™<'^- at the Bar, until some one of them shall accept the same. V. The preceding Orders are not to interfere with court or the power of the Court, or of the Judge sitting at ^^f """■^ Chambers, to direct or transfer a reference to any one transfer a in particular of the said Conveyancing Counsel, where reference to the circumstances of the case may, in his opinion, ^nvCTane- render it expedient. ing Counsel. St. Leonards, C. ORDER OF COURT. Friday, the 2ith day of December, 1852. The Right Honourable Edward Burtenshaiv, Lord St. Leonard's, Lord High Chancellor of Great Britain, doth hereby order and direct in manner following, that is to say : — Master in Or- I. When any of the Masters in Ordinary shall re- diuary may 212 GENERAL ORDERS. Orders December 24, 1862. request opinion of Conveyanc- ing Counsel. Abstract of estate or interest put up for sale, under decree, &c., upon request of Master to be laid before Conveyanc- ing Counsel in rotation. Master may request opinion of anyoneof the Conveyanc- ing Connsel. quest the opinion of any of the Conveyancing Coun- sel, nominated by the Lord Chancellor, under the 1 5 & 16 Vict. c. 80, s. 41, to be taken upon any mat- ter depending before such Master, such business is to be laid before the Conveyancing Counsel in rota- tion, to be ascertained in the manner prescribed by the General Orders of the I6th day of December, 1852 ; and a memorandum or minute of every such request is to be prepared by the Master's Chief Clerk, and signed by him, and such memorandum or minute, when marked with the name of the Conveyancing Counsel in rotation. Shall be a sufficient authority for such Counsel to proceed with such business ; and if the Conveyancing Counsel in rotation shall be unable or decline to proceed therewith, the same shall be offered to the other Conveyancing Counsel, nomi- nated as aforesaid, successively, according to their seniority at the Bar, until some one of them shall accept the same. II. Where, under a Decree or Order of the Court, whether already made or hereafter to be made, any estate or interest shall be put up for sale with the approbation of one of the Masters in Ordinary, an abstract of the title to such estate or interest is, upon the request of the Master, to be laid before the Con- veyancing Counsel in rotation, for the opinion of such Counsel thereon, to the intent that the said Master may be the better enabled to give such directions as may be necessary respecting the conditions of sale of such estate or interest. III. Notwithstanding the preceding Orders, the Master is to be at liberty to request the opinion of any one in particular of the said Conveyancing Coun- sel to be taken upon any matter before such Master, where the circumstances of the case may render it expedient to do so. (Signed) St. Leonards, C. ORDER OF COURT. Monday, the Z\st day of January, 1853. Eegistrar, in I, the Right Honourable Robert Monsey, Lord drawing up Cranworth, Lord High Chancellor of Great Britain, GENERAL OKDEES. 213 do hereby order and direct in manner following, that Orders is to say : — January 31, That the Kegistrar, in drawing up any decree or .' order whereby the Accountant-General shall be decree &c. directed to pay or transfer any fund, or part of any fand,*™'!™' fund, in respect of which any duty shall be payable payment of to the revenue under the acts relating to legacy ^^^^^ ?J^ duty, shall, unless such decree or order expressly for, is to have provide for the payment of the duty, direct the '^e^''*"™- Accountant-General to have regard to the circum- that dufyla stance that such duty is payable ; and where, by any payable. decree or order, any carrying over to a separate _to aaa account of any fund in respect of which any such words "snh- duty may be chargeable shall be directed, the Regis- i^ty" where trar shaU add the words " subject to legacy duty," fund carried to the title of the account. t° separate And in order the better to provide security against the payment or transfer by the Accountant-General oenerS to of any fund chargeable with any such duty without make memo- the duty being first paid, the Accountant-General ™ue™hat is, on receiving notice &om the proper officer that duty is pay- the duty is payable, to cause a memorandum to be ^t"'^- made in his books in conformity with such notice. And the Accountant-General, before executing any previous to decree or order directing the payment or transfer of payment or any fund or part of any fund in respect of which ^S to ° any such duty shall be payable, shall require the pro- reqtUre pro- duction of the official receipt for the duty, or a certi- r"c'dpt'&c ficate from the proper officer of the payment of the for duty. duty chargeable in respect of any such fund, or any portion thereof respectively by any such decree or order directed to be paid or transferred. And I do further order and direct that where, in Decree or making any decree or order, express provision for the ^."^r'^'^yl payment of any such duty shall be intended to be mentofduty, made, such duty shall, by such decree or order, be ^ '« 'direct directed to be paid to the Receiver-General of Inland RecdTcr *" Revenue for the time being, or his official assistant General of duly constituted, to be named in the order. nuT&c"'™' (Signed) Cran worth, C. 214 GENERAL ORDERS. ORDER OF COURT. The 4th day of March, 1853. Order The Right Honourable Robert Monsey, Lord Cran- 4th March, ^pj^j^^ Lgjj jjjgjj Chancellor of Great Britain, by and with the advice and assistance of the Right Honour- able Sir John Romilly, Master of the Rolls, the Honourable the Vice-Chancellor Sir Richard Torin Kindersley, the Honourable the Vice-Chancellor Sir John Stuart, and the Honourable the Vice-Chancellor Sir William Page Wood, doth hereby, in pursuance of the act of Parliament made and passed in the fifteenth and sixteenth years of the reign of Her present Majesty, intituled An Act to abolish the Office of Master hi Ordinary of the High Court of Chancery, and to make Provision for the more speedy Despatch of Business in the said Court, and in pursuance and execution of all other powers enabling him in that behalf, order and direct — As to the set- That when any cause shall, at the original or any ting down of subsequent hearing thereof, have been adjourned for cMse™ fiirther consideration, such cause may, after the expira- tion of eight days, and within fourteen days from the filing of the certificate or report of the Chief Clerk of the Judge to whose Court the cause is attached, be set down by the Registrar in the cause-book for further consideration, on the written request of the solicitor for the plaintiff or party having the conduct of the cause ; and after the expiration of such fourteen days the cause may be set down by the Registrar on the written request of the solicitor for the plaintiff, or for any other party ; and the request to set down the cause may be in the form or to the effect set forth in the schedule hereto marked A. ; but the cause, when so set down, shall not be put into the paper for further consideration until after the expiration of ten days from the day on which the same was so set down, and shall be marked in the cause-book accordingly ; and notice thereof shall be given to the other parties in the cause at least six days before the day for which GENERAL OBDERS. 215 the same may be so marked for further consideration ; and such notice may be in the form or to the effect set forth in the schedule hereto marked B. Cranworth, C. John Komilly, M.R. Richard T. Kindersley, V.-C. John Stuart. William Page Wood. Iq Chancery. Schedule A. A. T. B. I request that this cause, the farther consideration whereof was adjourned by the Order of the day of , may be set down for further consideration before his Honour, the Dated, &c. CD., Solicitor for [the plaintiff.] Schedui;b B. In Chancery. A. V. B. Take notice, that this cause, the further consideration whereof was adjourned by the Order of the day of , was, on the day of , set down for further consideration before his Honour, the , for the day of Yours, &c., CD., Solicitor for [the plaintiff.] To Mr. , , , , T Solicitor for [the defendant.] 216 FORMS. Proceedings now arranged to be taken at the Equity Judges Chambers. 1. As to guardianship of infants (except the appointment of guardian ad litem.) 2. As to maintenance or advancement of infants. 3. For the administration of estates under the act of 15 & 16 Vict. c. 86. 4. For time to plead, answer, or demur. 5. For leave to amend bills or claims. 6. For enlarging publication or the time for closing evidence. 7. For the production of documents. 8. Relating to the conduct of suits or matters. g. As to matters connected with the management of property. 10. For payment into court of purchasers' moneys under sales by order of the court, and investing the same. 11. For stop orders where the assignor and assignee concur. and 20. FORMS, (a) Form of Order to make Affidavit and for deposit of Documents under the 15 <^ 16 Vict. c. 86, ss. 18 and 20. IS & 16 Vict. The Master of the Rolls at Chambers. the "' It'n m ^* ^*y °^ ' ™ *^^ y^^^ °^ *^^ reign of Queen Victoria, 185 , against , upon the application of and hearing the solicitor for the , It is ordered that the do within , make and file a full and suflScient affidavit, stating whether he has or has had in his possession or power any, and if any, what documents relating to the matters in question in this suit, and accounting for the same. And it is ordered, that the said do, within , produce and leave with the Clerks of (a) These forms are taken from Beavan's " Chancery Orders" (p. 503), where they are 'stated to have been approved of by the Judges. See The Rochdale Canal Company y. King, 1 5 Beav. 1 1 . FORMS. 217 Records and Writs, in whose division this cause is, such of the said documents as hy such affidavit shall appear to be in his possession or power, except such of the same, if any, as he may by his said affidavit object to produce. And it is ordebbo, that the said , his solicitor, or agent, be at liberty to inspect and peruse the documents so produced and left, and to take copies thereof, and abstracts and extracts therefrom, as the said shall be advised, at his expense. ^ND IT IS OKDEBED, that the said Clerk of Records and Writs do produce the same before any Examiner of the Court, and at the hearing of the cause as the shall require. And the said to be at liberty to make such Airther application, as to all or any of the documents mentioned in the said affidavit, as may be advised. Form of Order to make Affidavit and for inspection of documents under the same statute. The Master of the Rolls, at Chambers. the day of in the year of the reign of Queen Yictoria, 185 , against Upon the application of and bearing the solicitor for the It is ordered, that the do within , make an^ file a full and sufficient affidavit, stating whether he has, or has had, in his possession or power, any, and if any, what documents relating to the matters in question in this suit, and accounting for the same. And it is ordered, that the said do, at all seasonable times upon reasonable notice, pro- duce at the office of at such of the said documents as by such affidavit shall appear to be in his possession or power, except such of the same, if any, as he may by his said affidavit object to produce. And it is ordered, that the said , his solicitor or agent, be at liberty to inspect and peruse the documents so produced, and to take copies thereof and abstracts and extracts therefrom as the shall be advised, at his expense. 218 FORMS. And it is ordered, that the said do produce the same before any Examiner of this court, and at the hearing of this cause, as the said shall require. And the said to be at liberty to make such further application, as to all or any of the docu- ments mentioned in the said affidavit, as he may be advised. Form of Affidavit, (a) 1. I have in my possession or power the documents relating to the matters in question in this suit, set forth in the Ist and 2nd parts of the Ist schedule hereto annexed. 2. I further say that I object to produce the said documents set forth in the 2nd part of the said 1st schedule hereto. 3. I further say [state upon what grounds the ob- jection is made, and verify the facts so far as may ie.] 4. I further say that I have had, but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the 2nd schedule hereto annexed. 5. I further say that the last mentioned documents were last in my possession or power on [state when."] 6. I further say [state what has become of the last- meationed documents and in whose possession they now are.'] 7. I further say, according to the best of my know- ledge, remembrance, information and belief, that I have not now and never have had in my own posses- sion, custody or power, or in the possession, custody or power of my solicitors or agents, solicitor or agent, or in the possession, custody or power of any other persons or person, on my behalf, any deed, account, book of account, voucher, receipt, letter, memoran- (o) Note. — The schednle to be divided into two parts when the defendant objects to tbe production of any of the docnments. . The first part is to contain tbe documents in the defendant's possession, to the production of which he does not object. The second part is to contain the documents, if any, to tbe production of which he does object. If the party denies having any, he is to make an affida^t in the form of the 7th paragraph, omitting the exception. FORMS. 219 dum, paper or writing, or any copy of, or extract from, any such document, or any other document whatso- ever, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the 1st and 2nd schedule hereto. [i] APPENDIX. NOTES OF DECISIONS ON THE ACT FOR THE IM- PROVEMENT OF THE JURISDICTION OF EQUITY. (15 & 16 Vict. cap. 86.) Sect. 1, ante, p. 1. — A slight alteration in writing Notes of may be made in a printed bill previous to its being decisions on filed. Thus, where in a printed bill a person had been cfse.'^^'*^'' wrongly described as " Maria Constantia," and a correction was made in writing by striking out the word " Maria" and adding it after " Constantia," the Lords Justices ordered the Clerk of Records and Writs, who had declined doing so, to file the bill, observing, however, that no extensive or important alteration in the printed document, or any alteration which would affect its legibility would be allowed : (Yeatman v. Moulsey, 16 Jur. 1004; 20 L. T. 106.) All claims filed after the 1st of November must be printed, unless within section 6 ; no special cir- cumstances will exempt : (^Yate v. Lighthead, 16 Jur. 964.) Sect. 3, p. 2. — The indorsement on a bill or claim, if printed, may be altered before it is served, where the time of appearance has been enlarged or varied by the order of the Court {Baynes v. Ridge, 9 Hare, Appendix I., xxvii. ; and see Chatfield v, Bercktoldt, 9 Hare, Appendix 1., xxviii. ; 20 L. T. 204); where the plaintiff bad obtained an order for the service of the defendants out of the jurisdiction, fixing periods for their appearance, it was held that the in • dorseraent might be altered so as to make the time 11 APPENDIX. Notes of specified in the indorsement correspond with the time decisions on allowed bjr the order. It seems to be doubtful whether c. 86. it he necessary that the indorsement on a bill or claim should be printed : {Sharpe v. Blondeau, 20 L. T. 1 54 ; cited 9 Hare, Appendix I., xxvii.) Sect. 6, p. 6; — One stamp is sufficient for the written and printed copies of the same bill, the written copy remaining on the file, and the printed copy bein^ filed within the fourteen days : (^Lambert v. Lomas, 9 Hare, Appendix I., Ivii. ; 16 Jur. 1008 ; Jones v. Batten, 9 Hare,Appendix I., Ivii. ; 16 Jur.1059 ; 20 L.T. 122.) ' Sect. 13, p. 12. — Interrogatories for the examination of a defendant may be filed before the printed copy . of an injunction bill is deposited with the Record and Writs Clerk, of which a written copy has been filed under section 6 : {Lambert v. Lomas, 16 Jur. 1008 ; 9 Hare, Appendix I., p. xxix.) Delivery of interrogatories for the examination of a defendant under this section, and the ISth, I6th, I7th, and 18th of the Orders of 7th August, 1832, need not be made to his solicitor personally; it will be sufficient if the delivery be made at the office of the solicitor : (Eowen v. Price, 20 L. T. 1 74.) A plaintiff who has filed a written copy of his bill imder section 6, may file interrogatories under section 12, notwithstanding the time allowed for filing the printed copy has not expired, and he has not filed such printed copy : {Lambert v. Lomas, 9 Hare, Appendix I., xxix.) Sect. IS, p. 15. — A plaintiff in a suit commenced by bill, before as well as since this statute came into operation, may move for a decree under this section of the statute : {Cousins v. Vasey, 9 Hare, Appen- dix I., xxxi.) In a cause where replication had been filed previous to the act coming into operation, an application was made, with the view of saving expense, on be- half of some defendants, that the evidence might be taken, pursuant to the act, and that the answers of the defendants might be read as affidavits, they submitting that the plaintiff should be at liberty to cross-examine them in the same manner as if they had made affidavits. The application was granted, the defendants submitting to any order the Court might make as to their examination or otherwise. APPENDIX. Ill previous to, or at the hearing of the cause : {Howell v. Notea of WUliams, 20 L. T. 274.) decisions on Sects. 18, 20, pp. 18, 20.— Applications for the pro- oM'" ^""' duotion of documents are to be made to the judge at chambers (see ante, p. 214, and Thompson v. Teulon, 9 Hare, Appendix I., xlix.), where Sir G. Turner, V. C, said that if any difficulty arose at chambers with regard to the documents to be produced, the consideration of the case would be adjourned for discussion in court. No affidavit is necessary to support au application for the production of documents, whether the appli- cation be made by the plaintiff or the defendants (Rochdale Canal Company v. King, 15 Beav. 11; Mcintosh V. Cfreat Western Railway Company, 20 L. T. 77, in effect overruling Fiott v. MuMins, 20 L. T. 50) ; but the party against whom the application is made must make an affidavit as to the documents in his possession or power, and must produce such of them as he does not state an objection to produce : (Roch- dale Canal Company v. King, 15 Beav. 11.) As to form of order and affidavit, see ante, p. 214-217. A plaintiff, before answer, or a defendant, is entitled to an order for the production of documents in the pos- session of his adversary, and delay in making the ap- plication does not deprive him of his right: {Rochdale Canal Company v. King, 15 Beav. 11; Mcintosh v. Oreat Western Railway Company, 1 6 Jur. 989.) Upon the application of the defendants, the Court directed that the evidence in a cause in which issue had been joined on the 18th May, 18S2, and on which a witness bad been examined, de bene esse, should be taken in the mode prescribed by the act, and the Orders of 7th August, 1852: {Mcintosh v. Great Western Railway Company, 20 L. T. 77.) Seethe form of order to produce documents, ante, p. 214. Sect. 21, p. 21. — A guardian, ad litem, was, on the application of the plaintiff, appointed for an infant defendant within the jurisdiction, without a commis- sion, on an affidavit of the fitness of the proposed guardian: {Egremont v. Egremont, 20 L. T. 122.) Sect. 22, p. 22. — It was at first held that this section was not retrospective, although in one case, which the Vice Chancellor said was not to be drawn into a pre- cedent, an affidavit sworn in a colony before a judge, '1,2 IV APPENDIX. Notes of as required by the section, but previous to its cominf^ *|™°?»™ into operation, was admitted : (Brookt v. Levey, 20 ' c. 86. L- '^- 200.) It has been since held that this section is retrospective : (Anon., W. R. 186.) The certificate of the re(j;istrar, in the Island of St. Vincent's, of the registration of a deed, was held not to be admissible without proof of his signature, on the ground that he was not a person authorized to admi- nister oaths: {Baillie v. Jackson, W. R. 186.) An affidavit, sworn at Bathurst, in Australia, before an officer describing himself as " Commissioner for taking affidavits," was held to be receivable, on the ground that the Court was bound to take judicial notice of the signature of any person lawfully authorized to administer oaths : (Anon.,'W. R. 186.) Sect. 25, p. 24. — Where a commission for the exami- nation of a witness was issued before this act came into operation, it was held doubtful whether the deposi- tion taken under it could be received without the oath of a messenger ; but, upon the authority of Smales v. Chapter (1 Dick. 99), they were received upon the affidavit of the solicitor that the documents were the original documents transmitted to him, and that they had not been altered by him : ( Hind v.Selby, 20 L.T.256.) Sect. 26, p. 24. — This section of the act and the order founded on it were only intended to apply where a motion for a decretal order or a decree has been made, and has not succeeded. Where, therefore, •pending a motion for a decretal order, an application was made that the Clerk of Records and Writs might be directed to file a replication, it was refused as being at that time needless: {Duffield v. Sturois, 20 L. T. 205; BMe v. Cox, W. R. 124.) Where a plaintiff had entered an appearance for an absconding de- fendant, from whom no answer was required, and who had not answered the bill, it was held that notice of fihng replication, under sect. 26, and the 28th Order of August, 1852, was to be given in the Gazette, and two newspapers of the county in which the defendant had last resided: (Barton v. Whitcomb, 17 Jur. 81.) Sects. 30, 31, 32, pp. 29, 31. — In a cause at issue, before the act came into operation, and in which publication had been enlarged until a period which had not arrived, the Court, on the application of APPENDIX. V the defendants, ordered that the evidence to be used Notes of at the hearing of the cause should he talcen in the fs'&'ig'^ct. mode prescribed by the stat. 15 & 16 Vict. c. 86, and c. 86. the General Orders of 7th August, 1852 ; and that, notwithstanding the plaintiff stated that he had in- curred expense in the preparation of interrogatories for the examination of his witnesses under the old system, no interrogatories had been filed : {Mcintosh V. Great Western Railway Company, 16 Jur. 1012.) Order for the oral examination of a party in a cause before the examiner, under special circumstances, where the decree was made before the act came into operation : {Hextall v. Cheatle, 20 L. T. 139.) Where issue had been joined before the act came into operation, and afterwards interrogatories were filed, and an appointment with the examiner obtained, but no witness had been examined on either side, the Court, considering the case a proper one for oral examination, directed that the evidence should he taken according to the new practice, and that the costs already incurred should be costs in the cause : (Cable V. Cooper, 20 L. T. 60.) A motion being made by consent, that depositions taken during the long vacation might be suppressed, and that both sides might proceed to examine wit- nesses orally under the new statutes. Sir G. Turner, V.C., observed, that applications by consent, for sup- pression of depositions, ought in general to be made at chambers ; but as that application was also for the purpose of taking the evidence orally under the new practice, it was properto make the application in Court; (Anon., 16 Jur. 1129; 20 L. T. 176; see ante, p. 214.) The examination of witnesses, de bene esse, is to be taken orally, according to the nlode of examining witnesses prescribed by sections 30, 31, and 32, of the statute 15 & 16 Vict. c. 86 : {Cook v. Hall, 9 Hare, Appendix I., xx.; 20 L. T. 152, 202.) Application for the appointment of an examiner, by or before whom the witnesses are to be examined under section 31, should be made at Court, and not at chambers : (McNeillie v. Acton, 20 L. T. 1 54.) Under section 31 a solicitor not engaged in the cause was, on distinct evidence by affidavit that a saving of expense would be thereby effected, appointed examiner: (Evans v. Bath, 20 L. T. 189.) VI APPENDIX. Notes of Sect. 34, p. 32. — Where the depositions of some 15 & 16 Viot. witnesses in a cause had been taken down in the hand- is. 86. writing of an examiner, and signed by them, but were not signed by the examiner, all the witnesses not being examined, and the examiner afterwards died, the Court ordered the depositions to be received without the examiner's signature, and would not allow another cross-examination of the witnesses : (^Bryson v. War- wick and Birmingham Canal Company, 20 L. T. Rep. 205.) Sect. 35, p. 33. — The Court of Chancery has power to appoint an examiner to take the examination of witnesses viva voce out of the jurisdiction, notwith- standing the provisions of section 35 of the statute 15 & 16 Vict. 0. 86 : {Crofts v. MiddUton, 20 L. T. 189; 9 Hare, Appendix!., xviii.) Sect. 36, p. 33. — On a motion for leave to prove the execution of a deed viva voce, the Court gave leave to prove the execution by affidavit : {Ball v. Carter, 20 L.T. 106.) In a case where it was not sufficiently proved by the plaintiff's affidavit, that a defendant was out of the jurisdiction, the cause was ordered to stand over till a day named, to enable him to prove that fact : {Smith V. Edwards, 16 Jur. 1041 ; 20 L. T. 60.) Sect. 37, p. 34. — As to form of affidavit to be used, see ante, p. 215. Sect. 39, p. 36. — This section permits the exami- nation, at the hearing of the cause, " of any witness or party in the cause," the plaintiff therefore cannot, under it, examine any other witnesses but those already examined: {Wollaston v. Osborn, 20 L.T. 274.) When an examination vivd voce of witnesses, who have already deposed by affidavit, is sought, under this section, the test to try whether permission should be granted, is to see whether, if the cause had come on for hearing (a replication having been filed), the Court would, under the old practice, have directed an issue. Unless an issue wotdd have been directed, the examination will not, under this section, be ordered. A failure in establishing the case of the plaintiff in a claim, is not, since the statute 15 & 16 Vict. c. 86, a ground for giving him leave to file a bill ; for, in a APPENDIX. VU proper case, the Court, under sect. 39, will direct Notes of a further and oral examination of the parties or wit- iI's'ib Vict, nesses, rather than le&ve the parties to further pro- c. 86. ceedings : ( Wilkinson v. Stringer, 9 Hare, Appendix I., ' xxiii. ; 16 Jur. 1033 ; 20 L. T. 76.) In Deaville v. Deaville (9 Hare, Appendix I., xxii.), the attendance of the plaintiff and another witness, for oral examination, was ordered under sect. 39, at the hearing of a claim founded on a legal demand, where, prior to that statute, the Court would have given the plaintiff liberty to bring an action : {Deaville V. Deaville, 9 Hare, Appendix I., xxii.) Where a decree bad been made, before the recent acts (15 & 16 Vict. cc. 80 and 86,) came into opera- tion, directing a reference to the Master, who was to be at liberty to examine the defendant on interroga- tories, upon an application being made that the exami- nation might be otco coceunderthese acts, and reference was made to sections 39 and 40 of 15 & 16 Vict. c. 86, and to sections 7, 29, 30, 36, and 39, of 15 & 16 Vict. c. 80, Sir J. Romilly, M.R., after consulting the other judges, said he was of opinion that the statutes in question did not authorize him to grant the applica- tion, and that causes in the Master's office before the acts came into operation must be proceeded with according to the old practice : (Booth v. Tomlinson, 17 Jut. 29.) Sect. 40, p. 36. — The plaintiff in a cause, after pub- lication had passed and the cause been set down for bearing, applied for leave to serve the defendant with a subpoena to appear at the hearing, that be might be orally examined. The application was supported by an affidavit, showing that it was very important to the plaintiff's case, and to the discovery of the truth in the matters in question, that the defendant should be examined viva voce at the hearing. The motion, however, was refused, with costs, by Stuart, V. C, and his Honour observed that, under the 39th sec- tion, the court could only, upon the hearing, if it should then see necessary, require the attendance and oral examination of the party ; and that it appeared from what was stated by counsel in the case of Smith V. Swansea Dock Company (correctly reported 16 Jur. 1130), that that case, as reported in 9 Hare, Append. I, XX., was not accurate, and that nothing had passed VIU APPENDIX. Notes of which sanctioned the application : {May v. Biggen- decisionson jg_ on T. T 180 1 15 Ale Vint. "^^^ ^; '■•^''^■l. ,. . J. c. 86. Though this section apphes to proceedings on motions, it requires that witnesses should he sum- moned before the examiner by subpoena in the ordi- nary way, for which application must be made before the motion is brought on. If the plaintiff chooses to begin without being ready with his evidence, the Court will not stop the proceedings in order to enable him to complete it. The same reason which would apply to the non-admission of an affidavit would apply in such a case : {Smith v. The Swansea Dock Company, 16 Jur. 1139; 9 Hare, Appendix I., xx,; 20 L. T. 154.) Sect. 41, p. 38. — A decree referring it to the Master to make certain inquiries having been made previous to the passing of the statute, the Court, by consent, ordered that parties and witnesses should be examined vivd voce: {Glengall v. Johnston, 20 L. T. 189; Hextall V. Cheatle, 20 L. T. 139.) Motion for leave to examine a witness after decree refused with costs, such a special application not being justified by the 4l8t section of the act: {Howard v. Sewell, W. R. 124.) Sect. 42, Rule 8, p. 40. — Under this rule an infant must be served with notice of the decree in the same way as any other party ; and should any difficulty thereafter arise, any question upon the propriety of the service might then be decided : (Clarke v. Clarke, 20 L. T. 88.) As to the mode in which the directions of the Court are obtained on the question of what parties are to be served with the order or decree, and as to which of the parties' service may be dispensed with, see De Balinhard v. Bullock, g Hare, Appendix I.,xiii. Rule 9, p. 40. — On a bill for the execution of the trusts of a will-, directing the sale and distribution of the proceeds of real estate, framed according to the old practice, and bringing all the residuary devisees and legatees before the Court ; held, that the trustees of a settlement of the share of one of the residuary legatees, made on her marriage, ought to be parties, but that the children of the marriage would be sufficiently represented by such trustees : {Densem v. JSZmio»'%, 9 Hare, Appendix I., xlii.; 20L.T. Rep.217.) APPENDIX. IX The representation of cestuis que trust of real estate Notes of by the trustees, under Rule 9, in suits against them ff^^^y™* for foreclosure or sale, extended to the case of infant c. 86. cestuis que trust, and to trustees of subordinate in- terests under settlements of shares of children in remainder, but not otherwise to adult cestuis que trust : (_Goldsmid v. Stonehewer, 9 Hare, Appendix I., xxxviii. ; 20 L. T. 202 ; and see Hanman v. Riley, Q Hare, Appendix I., xi. ; 20 L. T. 203 ; see Doody v. Higgins, 9 Hare, Appendix I., xxxii.) Sect. 44, p. 42. — A parent was interested for life under a settlement made by him, and after his death his children were to take. Some of the children died in the lifetime of the father, the tenant for life, and he was their sole next-of-kin. The father died^ and his executors proved his will. A special case was set down for the opinion of the Court, on the true con- struction of the settlement, and it was held by Turner, Y. C, that, upon' proof of the death of the children during the life of the tenant for life, and that they died intestate, the executors of the father might be appointed to represent the estates of the cbSdren, for the purposes of the special case, under sect. 44 of 15 & 16 Vict. c. 86 : (see Swallow v. Bimis, 9 Hare, Appendix I., xlvii. ; and see Ex parte Crdfneri Re SteKart's TVusts, 20 L. T. 87.) After an order in an administration claim (dated April, 1852), one of the executors, defendants, who was also residuary legatee, died insolvent, never having proved nor possessed assets. His widow refused to take out administratioa, and his children could not be found. An order was made, under sect. 44, on application, ess parte, that the suit should proceed without making the representative of the deceased: executor a party, and that the inquiries before the Master should proceed as though such representative had been served with a writ of sum- mons : (Rogers v. Jones, 16 Jur. 968; 20 L. T. 50; Finch v.Southee, 20 L.^.24:i; Gordon v. Jesson, 20L.T. Rep. 231.) In a creditor's suit, an administrator ad litem of the intestate creditor does not sufficiently represent him. This section of the act, empowering the' Court to proceed in the absence of a personal representative. X APPENDIX. Notes of does not apply to such a case : (Groves v. Lane, 16 decisions on t„_ ^r\R^ ^ 15& 16 Vict. J"'- 1061.) c. 86. Upon a motion, an order was made, pursuant to this section, that a suit by creditors interested in the property comprised in a trust, and made for their benefit, might proceed against the trustees without a personal representative of the deceased debtor, the author of the trust, where no such representative existed, and the estate was insolvent : {Chaffers v. Heodlam, 9 Hare, Appendix I., xlvi.) Sect. 48. — If a sale instead of a foreclosure, under this section, be desired, it must be asked at the hearing ; if a decree at the hearing be made for fore- closure, it cannot afterwards, on motion, be converted into a decree for a sale : {Girdlestone v. Lavender, 9 Hare, Appendix I., liii.; 16 Jur. 1081; 20L.T. 176.) A sale will not in general be ordered, under this section, instead of foreclosure, unless there is such complication that the common decree cannot conve- niently be worked out (flimms v. Holion, 16 Jur. 1077 ; 20 L. T. 188), nor unless it be for the benefit of all parties : (_Hurst v. Hurst, W. R. 105.) Where a mortgagor had appeared in a suit instituted against him for foreclosure, but did not appear at the hearing, the Court declined to direct an immediate sale of the property under this section : (^Smith v. Robinson, 20 L. T. 205 ; Anning v. Lavers, 20 L. T. 61.), In a case where a claim had been filed previous to the act coming into operation, a sale was asked for, and the following order was made : — " Take an account of the principal and interest due, and tax the costs of all parties except the mortgagor ; and. one month after the judge's clerk shall have made his cer- tificate of the amount, if the principal, interest, and costs shall not be paid, let the estate be sold, and the proceeds of the sale paid into Court with usual directions :" {Staines v. Rudlin, 16 Jur. 965 ; 20 L. T. 88 ; Rochdale Canal Company v. King, 15 Beav. 11.) A sale of mortgaged property, consisting of free- hold and leasehold premises and a policy of life insurance, was ordered in a foreclosure suit, at the request of the mortgagee. The mortgagors were bankrupt, and the suit was against their assignees APPENDIX. XI and against incumbrancers subsequent to the plaintiff. Notes of The decree directed the accounts of what was due to il'&'j'g'-v^t the several incumbrancers, and directed the proceeds c. 86. of the different properties to be distinguished : (Cator V. Reeves, 16 Jur. 1004 ; see Boydell v. Manby, 9 Hare, Appendix I., liii.) Sect. 50, p. 48. — Where, on the construction of a will, the Court held that certain persons were entitled for life, and at their deaths their respective children then surviving were entitled to *their shares, it was also held that it was a case wherein the Court could, under this section, make a declaration as to their future rights : (^Fletcher v. Rogers, 20 L. T. Rep. 218.) Sect. 5 1 , p. 48. — Where it is enacted by this section that the Court may adjudicate on questions arising between parties, notwithstanding that they may be some only of the parties interested in the property re- specting which the question may have arisen, it is only considered applicable to those cases where there are some of the parties interestedin every point of view, before the Court : (Swallow v. Binns, 9 Hare, Appen- dix I., p. xlvii ; 20 L. T. Rep. 216 ; Doody v. Higgins, 9 Hare, Appendix I., xxxii. ; Bostock v. Sidebottom, 20 L. t. 73.) Sect. 52, p. 49. — In an administration suit, on the death of the sole plaintiff, an order to the effect of the usual supplemental decree, under the 52nd section, was made on behalf of a person not a party to the suit, but found a creditor by the Master's report, he having served the (Jarties with notice of the application, and they not having appeared : [Lowes v. Lowes, 20 L. T. 61; 16 Jur. 968, 991; and see Wastell v. Leslie, 20 L.T. 243 ; Wilding v. Richards, 20 L.T. 60.) Order, on motion ex parte by the plaintiff, to revive and carry on proceedings in an administration suit, upon abatement by the death of the executor, under this section upon allegation (without proof) of the facts constituting theabatement: (Martin v.Hadlow, 9 Hare, Appendix I., lii. ; 20 L. T. 59 ; 16 Jur. 964.) In a creditor's suit, in which the plaintiff had died, on a motion on behalf of the executrix of the plaintiff, an order to revive was made by Kindersley, V. C, who, however, observed that there was no occasion to mention these matters to the Court, as the order might be obtained by handing the brief tothe registrar as usual ^L 2 Xll APPENDIX. Notes of in motions of course: (Boufill v. Purchas, 16 Jur. decisioiis on nan ^ 15 & 16 Vict. ^'^^I , c. 86. Order to the effect of a supplemental decree, on the birth of a child interested in the subject of the trial : {Fullerton y.. Martin, 9 Hare, Appendix I., lii.) A female ward of the Court, prior to the passing of this act, married without leave of the Court. The suit was revived against the husband, and her share of the property, which was in question in the cause, was vested in trustees for the benefit of the female plaintiff and her issue. Held, reversing the decision of the Court below, that such a change or transmission of the interest of the plaintiff had taken place as justified an order under the 52nd section, to the effect of the usual supplemental decree, and that it was not neces- sary to exhibit any bill of revivor or supplement: {Atkinson v. Parker, 20 L. T. 106.) Where a suit has to be revived against one of several plaintiffs to the original suit as the defendant to the revived suit, the decree is not one to the effect merely of the common order to revive, or the common supplemental decree ; and, therefore, an order under sect. 52 will not be made, but a supplemental claim or bill must be filed : (Yate v. lAgkthead, 16 Jur. 964.) In a case where the plaintiffs had obtained an order to revive against the representatives of a deceased de- fendant under this section, it was asked that a clause might be added to the order that, if such represen- tatives did not admit assets of their testator, the usual accounts might be taken against them, on the ground that no decree had been made in the suit, and that, therefore, the usual order to carry on the accounts would be ineffectual. The Master of the Rolls, how- ever, held that he had no power to order any addition to the common order; that the plaintiffs must proceed against those parties as if they had been originally parties to the suit ; that it had been difficult to apply this section in some cases, and that it might be ne- cessary that a new order should be promulgated: {Dean and Chapter of Ely v. Waddelow, 20 L. T. 256.) Sect. 53, p. 51. — ^It is not necessary to obtain the leave of the Court previous to filing a statement of new facts or circumstances in the Record and Writ Clerks' Office : (Longdate v. Gill, 20 L. T. 88 ; 16 Jur. 1041.) APPENDIX. Xlll Sect. 54, p. 52. — Semble, that in a case where, before NotM of the passing of the act, a reference had been made fr&To^ct. to the Master to take accounts, the Court will not c. 86. direct that certain books of account shall be taken as prima facie evidence of the truth of the matters therein contained : {Lodge v. Prichard, 20 L. T. 274.) Sect. 55. — This section is intended to apply to cases where, for the protection of the property, or for any other cause, it is necessary to ccwne to the Court for a sale, but not to enable a party in a contested suit, upon an application for a sale, to obtain a decision of the questions in the cause before a hearing : (^Prince V. Cooper, 20 L. T. 269.) Sect. 56. — See the General Orders of : the 16th November, 1852, as to the mode of referring and distributing business to and among the conveyancing eounsel (a« must again stand over, affording him an opportunity of taking any objection that may arise on that abstract : (JCeyse v. Haydon, 9 Hare, Appendix I., Iviii.) Sect. 42, p. 86. — This section does not give the Master jurisdiction to obtain the assistance of account- ants or scientific persons ; therefore, when in a suit referred to the Master, it is desired to obtain the advantage of the new powers conferred upon the Court by the recent statutes, the proper course is to apply for the transfer of the proceedings to- the judge at chambers: {Morrell v. Tinkler, 9 Hare, Appendix I., p. 1. ; and see Mildmay v. Methuen, ] 6 Jur. 965 : 20 L. T. 63.) NOTES OF DECISIONS UNDER THE NEW ORDERS. 25;A October, 1852. Notes of Order VI. The stamp of IZ., required to be affixed S'o?der". *° ^ ''"l '" 1'^" °f 'I's ^ss 0" fi'i"S {ante, pp. 193, 203), may be made up by affixing eight adhesive half- crown stamps: {Brain v. Brain, W. R. 112.) APPENDIX. , XVll 7th August, 1852. Order XIII. Where a decree is made in an admi- ^"'.^ "^ nistration suit, the judge in chambers will dispenaewith New Orders. service of it on such parties as he considers properly may be omitted to be served, and will then direct Ante, p. lo, service on such as he thinks proper should be served : '^*" (De Balinhard v. Bulloch, 9 Hare, Appendix I., xiii. ; 20L.T. 189.) XXVIII. An appearance had been entered to a bill ^"'*' P- *'■ by a plaintiff, for a defendant^who had absconded. Notice of filing a replication under the 28th Order of August, 1852, was (under the circumstances of the case) ordered to be served at the defendant's last place of abode, with directions to advertise in the Gazette and two country papers : {Anon., 20 L. T. 214.) VI. Enlargement of time for appealing after the five Ante, p. 170. years limited by those orders for applications had expired : {Storrs v. Benhow, 20 L. T. Rep. 230.) APPENDIX. NEW GENERAL OEDEES. The following additions have been made to this book since its publication, and are consequently not comprised in the Index: — Order of Court 9 th November, 1852, made in pursuance of 15 & 16 Vict. c. 87, as to payments to Clerks of entries ... ... ... ... ... ... 205 Order of Court of 10th November, 1852, made in pur- suance of IS & 16 Vicl^ c. 87, as to mode of counting office copies, &c. ... ... ... ... ... 206 Order in Lunacy of 16th November, 1852, as to mode of counting office copies, &c. ... ... ... ... 207 Order of Court of 27th November, in pursuance of 5 & 6 Vict. c. 103 207 Order of Court of 3rd December, 1852, in pursuance of 15 & 16 Vict. c. 87, as to stamps ... 208 Order of Court of 4th December, 1852, in pursuance of 15 & 16 Vict. c. 87, as to stamping, bills of costs, and certain fees to be collected by stamps ... ... 209 Order of Court of 16th December, 1852, in pursuance of ' 15 & 16 Vict. c. 80, as to mode of referring to and distributing business among the conveyancing counsel ... ... ... ... ... ... 210 Order of Court 24th December, 1852, as to Master in Ordinary taking the opinion of the conveyancing counsel ... ... ... ... ... ... 211 Order of Court of 31st January, 1853, as to drawing up decrees, &c., providing for payment of legacy duty ... 212 Order of the Court of 4th March, 1853, pursuant to 15 & 16 Vict. c. 80, as to the setting down of ad- journed causes ... ... ... ... ... 214 PRACTICE. Proceedings now arranged to be taken at Equity Judges' chambers ... ... ... ... ... ... 214 FORMS. Form of order to make affir'avit and for deposit of documents under 15 & 16 Vict. c. 86, ss. 18 and 20 214 Form of order to make affidavit and for inspection of documents under the same statute ... ... ... 215 Form of affidavit 216 .APPENDIX. APPENDIX. Notes of decisions on 15 & 1 6 Vict. c. 86, arranged under the different sections ... ... ... ... ... i Notes of decisions on 15 & 16 Vict. f. 80 ... ... xiv Notes of decisions under the new orders xvii INDEX. ABATEMENT OF SUIT: order to revive on, may be made, having effect of bill (jf revivor, 49. (See Revivor and Supplembst.) ABSTRACT OF TITLE: to be laid before some conveyancing connsel, 54 time for delivery of, to be specified in conditions of sale, 55. ACCOUNTANT-GENERAL : future not to be a master in ordinary, 66. draft of not necessary for payment of compensation ordered by lord chancellor, 90, 129. his rights, duties, and privileges as master in ordinary not affected, 96, 112. not to be required to perform other duties or services, 96. repeal of 5 Vict. c. 5, s. 61, 110. brokerage of, to be paid into the suitors fee fund. 111. salary to be paid to him in lieu of brokerage. 111, 193. salary of future, 112. to act on office copies of orders furnished by registrar in lunacy 116. to act on certificates or reports of the registrar and masters in lunacy, when, 116, 117. signing notes or cheques for payment of money under order of court, 120. masters of reports and entries, or registrar countersigning cheques of, 154. t payments to surviving representatives by, 155. may act on computation of interest and apportionment of fund by chief clerk, when, 179. clerk's fe«s of, 193, 204. (See Bkokerage.) ACCOUNTANTS: court may act on the certificate of, 86. fees of, to be regulated by taxing master, 86. subject to appeal to judge, 87. 1 L INDEX. ACCOUNTS: coort may direct mode of taking, 52. books of, may be directed to be primdjhcie evidence, 53. bnt parties may take objections, 53. order for, to be nnmbered, 174. form of, 174, 184. persons not coming in excluded from benefit of, 174. directed to be taken in chambers, 177. unless otherwise directed, to be verified by affidavit, 177. items to be nnmbered consecutively, 177. notice to be given to accounting party, 177. when direct^ how certificate or report is to state result of, 179. (JSee Chambers, Chief Clerks, Pabties, Beceiyeb.) ACKNOWLEDGMENTS : for unrolling deeds, how to be taken in Scotland, Ireland, or the Channel Islands, &c., 22. chief clerk may take, 79. except those of married women, 79. ACTUARIES' court may act on the certificate of, 86. fees of, to be regulated by taxing master, 86. subject to appesd to judge, 87. ADJOURNMENT: from court to chambers or vice versa,, 78. of day for hearing cMms, 178. (See CiiAniANT.) ADMINISTRATION: of estates of deceased persons, 43, 44, 45. (See Parties, Sitmiions.) ADMINISTRATOR: may obtain decree against any one next-of-kin, 39. application by, under Sir George Turner's Act cannot be made until one year after testator's death, 45. ADVERTISEMENTS: on the court appointing person to represent estate of deceased person having no legal representative, 43. may be issued by chief clerks, 79. creditors and claiinants must come within time fixed by, when order made directing accounts or inquiries, 174. unless otherwise ordered, 174. form of, 185. as to issuing, 178. preparation of, 178. form of, 178, 185. claimant coming in under, course to be pursued by, 178. (See CLAmAST.) INDEX. AFFIDAVIT OFFICE: clerk of, assistant clerk of, second assistant clerk of, aboHshed, 115. dnties of, transferred to clerks of records and writs, 115 . AFFIDAVITS: to include the word affirmation, when, 61, 164. may be filed on motion for a decree, 16. when and how to be filed, 17. lists of, to be fiimished to opposite party, 17. how to be taken and sworn in Scotland, Ireland, the Channel Islands, Colonies, and in foreign parts, 22. penalties for making Mae, 23. evidence, when to be taken by, 29. affidavits maybe used as to particular facts, though evidence taken orally, 33. by leave of court upon notice, 33. by consent, 33. which may be given with approbation of court on part of persons under disability, 33. form of, 34. to be divided into nambered paragraphs, 34. evidence taken by, when to be closed, 34, 35. afterwards not to be received without special leave, 34. except that party having made affidavit is liable to oral cross- examination and re-examination, 34, 36. notice to be given thereof, 36. re-examination immediately to follow cross-examination, 36. affidavit before issue joined when received at hearing, 36. person having made affidavit on claim, motion, petition, or other proceeding, liable to cross-examination and re-examinatioD, 37. notice to be given to opposite parties, 38. answer of defendant on motion for injunction or receiver to be regarded as, 57. may be received and read in opposition to motion, 58. chief clerks of judges may take, 79. party intending to use, on proceedings at chambers must give notice of, 177. (See Chief Clerks, Cladiaiit,Depositioiis, Evidence, Examinations, Examinee.) AFFIEMATION: included in term affidavit, when, 61, 164. how to be taken in Scotland, Ireland, the Channel Islands, the colonies, and in foreign parts, 22. penalties, punishments, and consequences of taking false, 23. chief clerks of judges may take, 79. (See Affidavits.) AMENDMENT: (See Bill.) 3 L 2 ANSWER: defendant not required to put in, unless interrogatories be filed and served upon him, 12, 13. defendant raaj put in whether required or not, 14. when leave of court required for putting in, 14. if granted, plaintiff's right to move for a decree suspended, 14 applications for time to answer to be made to judge at chambers, 1 5. form of answer, 15, 16S. may contain answer to interrogatories, and statements material to defendant's case, 15. must he divided into numbered paragraphs, 15. exceptions to, for impertinence abolished, 17. commission to take within jurisdiction abolished, 21. to he filed and sworn as affidavit, 21. how sworn and taken out of the jurisdiction, 22. falsely swearing, 23. forging signature, &c., of person administering oath, felony, 23. to be filed without messenger's oath, 24. where answer not required or put in replication to he filed, 24, 25. defendant to be considered as having traversed bill, 24, 25. copy of, to be furnished to examiner on oral examinations, 30. on motion or petition for injunction or receiver tn be regarded as an affidavit, 57. on such motion or petition to be received and read in opposition to affidavits, 57. (5ee Documents, Intebboqatobibs.) APPEALS: in certain cases to judge as to fees allowed by taxing master, 87. deposit on, how to be made, 121. must be set down within five years of date of decree, order or dis- mission, 170. notice of, must be duly served, 170. period for may be enlarged by lord chancellor or lords justices, 171. (See Deposits, Eneoument.) APPEARANCE: plaintiff's remedies for default of, after service of bill or claim, 4. after appearance, remedies against defendant not pleading, answer- ing or demurring, 5. must be entered by parties served with order to revive, 49, 50 to be entered in Record and Writ Office when proceedings origi- nate in chambers, 174. at chambers, notice to be given of, 174. APPLICATIONS: to discharge or vary certificate or report of chief clerk in what manner, and at what times to be made, 81. (See Chief Clebks, Eqditt Judges, Reports of Chief Clerks.) INDEX. APPORTIONMENT: of fund to be acted upon by the Accountant-General ; may be made by chief clerk, when, 179. ASSISTANT CLERKS OF AFFIDAVITS: allowances of, for copying to cease, 101. office of, abolished, 115. ATTESTATIONS OF HONOUR: how to be taken out of the jnrisdiction, 22. penalties, &c., for making false, 23. ATTORNEYS AND SOLICITORS: appointed to any office under the Master in Chancery Abolition Act, to be struck off the rolls, 7 5. (jSee Chief Clerks, Fees, Soucitoks.) AUCTION: persons who may sell by, without being liable to duty, 122. indemnity with respect to former sales, 124. AUTHORITY, WRITTEN: must be obtained by solicitor from next friend and relator, 12. mnst be filed, 12. {See Infant, Makkied Woman, Next Fkiesd, Relator.) BANK OF ENGLAND: may act on orders signed by lord chancellor, and entered by registrar in lunacy, 116, 117. notes or cheques drawn by accountant-general on, to be signed by master of reports and ehtries, and one of the registrars, in rotation, 118, 154, 155. may pay on such notes and cheques, 120. BANKRUPTS: office of secretary of, abolished, 135. appointment of chief registrar instead, 135. (See Chief Registrar in Bankbuptct.) BILL: printed to be filed in lieu of engrossment, 2. how to be printed, 2. writ of subpoena to appear to, abolished, 2. to be stamped, 3. printed with an indorsement to be served, 3. effect of service, 4. service of, how to be effected, 5, 6. substituted service of, may be directed by court, 6. written copy may be filed for writ of injunction, 6. for writ of ne exeat regno, 6. undertaking must be given to file printed bill, 6. 5 L 3 INDEX. BILL — eontmued. costs of written bill, no allowance for, nnless directed by court, 7. written copy to be taken off files nnless printed copy filed in fonrteen days, 7. costs of, to be taxed by taxing master, 7. fees of solicitors for bills, &c., 7, 165. printed copies to be snpplied to defendant, 7. at rate of a halfpenny a folio, 8. ten copies only can be demanded from plaintifi^, S. amendment of printed bills, bow to be made, 8. practice of amending defendant's copy of bill abolished, 9. amended copy, service of, 9. in lien of snbpcena to answer amended bill, 9. service of bill at address for service of defendant appearing in person, 10. present practice to continue as to bills filed before orders of Angnst 7 come into operation, 10. and also as to issuing and serving of writs Of snbpcena, 1 0. power to lord chancellor to revive present practice of filing bills and claims, 10. form of bill, 11, 12, 165. to contain no interrogatories, 11. exceptions to, for impertinence abolished, 17. interrogatories for examination of plaintiff, in lieu of cross bill may be filed, 19. but cross bill may be filed, 20. when to be considered as traversed, 25. dismissal for want of prosecution, 26. order for administration of personal or real estate may be obtained without, when, 43, 44, 45. of revivor and supplement not now necessary, 49. nor supplemental bills, 51. (See Cross Bill, Dismissal, Im-ERBooATORiES, Re- VTVOK AND Stjpplemeht, Supplemehtal Bill.) BROKERAGE: power to Treasury to make regulations as to, 1 12. (See Accountant-Genekal.) CARRIAGE: or execution of order for administration of estate on summons to be in discretion of judge, when, 43, 44, CASES: not to be stated for Court of Common Law, 58. the Court of Chancery to have full power to determine questions of law, 58. legal latle of party seeking relief may be determined without parties proceeding to law, 59. INDEX. CAVEAT: {See Enrolment.) CERTIFICATE: QSee Chief Clerk.) CESTUI QUE TRUST: one may have decree withont serving others, 39. decree may be obtained against one for execution of their trusts, 39 CHAFF WAX: removed and his office abolished, 112. deputy abolished, 112. dnties to be performed by pursebearer to the lord chancellor, 113. compensation to, 128. CHAMBERS: master of the rolls and vice*chancellors to sit at, for despatch of business, 72. proceedings in, 175. (See Chief Clerks, Equity Judges, Summons.) CHANNEL ISLANDS: how pleas, answers, and examinations, are to be taken and sworn in, 22. CHARGES AND DISCHARGES: not to be brought into chambers, 176. CHIEF CLERKS: each judge may appoint two to assist in business of court, 73. must have been chief clerks to masters, 74. or solicitors or attorneys of ten years practice, 74. certain chief clerks of masters to be chief clerks of three of the equity judges, 74. to hold office during good behaviour, 76. to be under control and direction of judges, 76. penalties to which they are liable, 76. power to lord chancellor to remove, with concurrence of judges, 77. judge may direct what matters, &c., are to be heard and investi- gated by chief clerks, 78. right to suitor to bring any point before judge, 79. on proceedings directed by judge chief clerk to have power to issue advertisements, 79. to summon parties and witnesses, 79. to administer oaths, 79. to take affidavits and acknowledgments, 79. except those of married women, 79. to receive affirmations, 79. when directed by judge, to examine parties and witnesses, 79. parties not attending liable to process of contempt, 80. and to penalties, &c., for false swearing, 80. result of proceedings before, to be stated in form of short certi- ficate, 80. 7 CHIEF CLEUKS— continued. unless formal report be directed to be made, 80. no exceptions to lie to certificate or report, 81. parties may take opinion of jndge upon anj particnlar point, 81 . certificate or report signed and adopted by jadge binding on all parties, 81. unless it be discharged or varied, 81. certificate or report may be opened on same ground as report of master, 81,82. salaries, pensions, and compensation of, 87 to 90. how payable, 89, 90. evidence how to be taken before, 177. how to be transmitted by, to Record and Writ Office, 177. to enter orders made at chambers, 177. to compute interest and apportion fund, when, 179. certificate or report of, where account has been directed how to state' result, 179. certificate or report, how to be made, 180. form of certificate, 180. time within and mode in which party is to take opinion of Judges upon, 180. to be submitted to jndge for approval, 181. to be signed by judge and filed, 181. application to discliarge, 181. as to certificates not required to be signed and adapted by jndge, 181. (See Accounts, Eeceivee, Summons.) CmEF REGISTRAR IN BANKRUPTCY : appointment of^ 135. to perform duties of secretary of bankrupts, 135. office of, to be filled up from registrars, 135. declaration of insolvency to be filed in his office, 136. and certificates of unclaimed dividends, 136. certified copy of declaration of insolvency to be evidence, 136. appointment of chief clerk of, 137. acts done since death of chief registrar made valid, 137. CHEQUE (see Accountant-general, Bank op England.) CLAIM: printed, to be filed in lieu of engrossment, 2. how to be printed, 2. writ of summons upon, abolished, 2. to be stamped and filed, 3. form of indorsement on, 3, 63. filing of printed, effect of, 4. service of printed, efiect of, 4, 5. how to be effected, 5. substituted service, may be directed, 6. printed copies of, to be supplied by plaintiff to defendant, 7, 8. INDEX. CLAIM — continued. amendment of, 8. old practice aa to, may be revived by lord chancellor, 10. production by defendant of documents In suits commenced by, 18. in suits commenced by, defendant may file interrogatories for exa- mination of plaintiff, 19. the court in suits commenced by, may require the production and oral examination of witness or party, 36. attendance of witnesses on, may he required by stibpcena before examiner, 37. decree for administration of pergonal estate may be obtained with- out, 43. (See Claehaut.) CLAIMANT: coming in pursuant to advertisement must enter claim, 178. notice to be given of claim and of affidavit, 176. filing affidavit Hot required to take office copies, 178. party prosecuted to take and produce them, 1 78. claims may be adjourned, 178. time may be fixed for closing evidence, 179. not having entered claim may be heard on adjournment day, on what terms, 179. creditor who is, when not required to attend at chambers, 179. after what time no claims are to be received except by special leave, 179. list of claims allowed, 179. CLERK OF INROLMENTS IN BANKRUPTCY.- office of, abolished, 138. duties transferred to office of chief registrar, 138. compensation to clerk of inrolments, 138. CLERK OF REPORTS: allowance of, for copying to cease, 101. office of, abolished, 115. CLERKS IN ACCOUNTANT GENERAL'S OFFICE: their duties and salaries, 121. fees of, 193, 204. CLERKS OF ACCOUNTS: offices of, abolished, 119. CLERKS OF AFFIDAVITS: office of, abolished, 113. CLERKS OF ENTRIES: allowances of, for copying to cease, 101. CLERKS OF EXAMINERS: allowances of, for copying to cease, 101. CLERKS OF JUDGES: (See Chief ClbrKs, Jdnior CLEKiis.) INDEX. CLEKKS OF RECORDS AND WRITS: (See Recoeds and Writs.) CLERKS OF TAXING MASTER: amoant of their salaries, 121. CLERKS OP THE MASTERS IN ORDINARY: allowance of, for copying to cease, 101. COLONIES: how pleas, answers, and examinations, &c., are to be taken and sworn in, 22. COMMISSIONS: taking pleas, answers, disclaimers and examinations within the jurisdiction abolished, 21. for the examination of witnesses within jurisdiction unnecessary, 33. COMMON LAW: Court of Chancery not to direct case to be stated for opinion of court of, 58. but assistance of judge of may be obtained, 59. COMPENSATION: to junior clerks on retirement of masters, 88. under IS & 16 Vict. c. 80, to cease, when, 90. to officers whose emoluments are diminished, 124. whose offices are abolished, 125. to clerks of hanaper, chaff wax, &c, and their deputies to be paid out of consolidated fund, 128, 129. all others to be paid out of snitors fund, 129. to cleik of inrolments in bankruptcy, 138. CONDITIONS: (See Reajl Estate, Sale.) CONDUCT OF SUIT: to whom it may be given by court, 40. CONSOLIDATED FUND: the salary of the lord chancellor and equity judges to be paid out of, 108. (See Compensatiou.) CONTEMPT: parties and witnesses not attending summons of the chief clerk, liable to process of, 80. CONVEYANCING COUNSEL: power of judges at chambers to take opinion of, 85. parties may object to opinion, 85. lord chancellor to nominate not less than »x, 86. taxing master to regulate fees of, 86. subject to appeal to judges, 87. COPIES: of printed bills and claims, rate at which they are to be supplied, 78. number which may be demanded of, 8. INDEX. COPIES— continued. allovrance for, to cease in certain cases, 101. regulations as to, to be made by Lord Chancellor, 101. how to be made, delivered, charged and paid for, 190, 191, 192. copies exempted from order of 2Sth October, 1852, 190. COEPOKATION: word " party " includes, 182. COSTS: not allowed for written bill nn^s directed by court, 7. to be tased by taxing master where printed bill not filed according to undertaking, 7. how recoverable, 7. on motion for decree discretionary, 16. of impertinent matter court may direct to be paid, 18. application, when to be made for, IS. of impertinence, 18. of objection to materiality or relevancy of questions before examiner to be in discretion of court, 32. of demurrer of witnesses, 32, 204. of copies of depositions, 32. of cross examination and re-examination of parties who have made affidavits, 34, 35. of examination of witnesses by court, 36. order for putting parties, having a common interest as defendants, on the same footing as regards, 40. in cases of mistakes of parties under 15 & 16 Vict. c. 86, SB. not to be allowed, for attending at chambers without previous leave of judge, 181. on special order of court, 181. of counsel attending judge in chambers, when allowed, 181. when dureoted to be paid out of fund in court, 191. COURT KEEPERS: may be appointed by lord chancellor, 95. CREDITORS: claiming debts when not required to attend at chambers, 179. (See Advebtisements, Scmmohs.) CKIER: of Court of Chancery, office abolished, 78. CROSSBILL: interrogatories may be filed in lieu of, 19. but may still be filed instead of interrogatories, 20. CROSS-EXAMINATION: vritnesses orally examined, liable to oral, 30. mode of conducting, 30. witnesses who have made affidavit liable to, 34, 37. must attend for, on notice, and payment of expenses, 37. INDEX. DEATH t salt becoming abated, order to revive may be obtained without bills of revivor and supplement, 49. DECLARATION OF INSOLVENCY: to be filed in the oflSce of the chief registrar in bankruptcy, 136. certified copy to be evidence, 136- DECLARATIONS: how to be taken in Scotland, Ireland, the Colonies, &c., and in foreign parts, 22. penalty, &c,, for making false, 23. DECLARATORY DECREE: may be made, 48. DECREE AND DECRETAL ORDER: plaintiff may move for, after time for answering has expired, but before replication, 15. court may refuse or grant motion, 16. or make order for further prosecution of suit, 1 6. affidavits may be filed by plaintiff and defendant on motion for, 16. answer to be treated as an affidavit, 16. notice to be given of the motion, 17. lists of affidavits to be furnished to opposite party, 17. time within which affidavits are to be filed, 17. notice of motion for, to be entered with registrar, 17. motions for, to be heard according to a list, 1 7. unless court order to the contrary, 17. in what cases may be obtained by one of a class, without making the others parties, 39. notice of, when to he served on persons not made parties to suit, 40. when parties served may apply to add to decree, 40. order for the administration on summons to have same effect as decree on bill or claim, 44. may be modified by court on misjoinder, according to special cir- cumstances, 47. not open to objection for being merely declaratory, 48. usual supplemental decree may be obtained without bill, 49. (See Appeal, Enrolment, Objection, Parties.) DEEDS: acknowledgments for enrolling, before whom to be taken in Scot- land, Ireland, &c., the Colonies, &c., and foreign parts, 22. ordered to be left or deposited, are to be left at Record and Writ Office, 182. DEMURRER: may be put as to bill by defendant within what time, 14. when leave to put in required, 14. if granted, plaintiffs right to move for a decree suspended, 14. INDEX. DEMUEREE— conimued. applications for time to demur to be disposed of by judge at chambers, 77 witness may put in, to questions put to him before the examiner, 32. to be taken down by examiner, and transmitted and filed in Eecord Office, 32. validity of, to be decided by court, 32. costs of, in discretion of court, 32. (See Answer.) DEPOSITIONS: how to be taken before examiner, 31. to be taken down in writing by examinei, and read over to witness, 31. and signed by him, 31. may be signed by examiner on his refusal to do so, 31 . to be transmitted to Record Office, 32. copies to be furnished to parties, 32, 204. (See EviDEHCE, Examihees, Witkesses.) DEPOSITS: on appeals, to whom paid, 121. of deeds to be made in the Eecord and Writ Office, 182. DEPUTY CHAFF WAX: removed, and his office abolished, 112. DEPUTY CLERK OF THE HANAPER: removed, and his office abolished, 1 12. DEPUTY PATENTEE OF SUBPCENA OFFICE: office of, abolished, 115. DEPUTY SEALER: removed, and his office abolished, 113. DISABILITY, PEESONS UNDEE: how consent may be given for, that affidavits be used at hearing, though evidence taken orally, 33. guardian ad litem to be appointed for persons under (other than coverture), in case of order to revive suit, 50. (See Infast, Lunatics, Maeried Woman.) DISCHAEGES AND CHARGES: not to be brought into chambers, 176. DISCLAIMERS: commissions for taking within jurisdiction abolished, 21. may be sworn and filed as affidavit, 21. how sworn and taken out of the jurisdiction, 22. falsely swearing, 23. forging signature, &c., of person adniinistering oath, felony, 23. to be filed without messenger's oath, 24. 13 M INDEX. DISMISSAL: of bill for want of prosecntion, 26. defendant not required to answer, and not answering, may more for, 26. motion to be made three months after appearance, 26. unless motion for decree may have been set down or canse to be heard, 26. power to court to make order for or impose terms, 26. (See Appeal, Enrolmeht.) DOCKET: of decree, order, or dismission, caveat against signing, 171. (&e EHItOI.MEIIT.) DOCUMENTS: court may order production of, by defendant to bill or claim, 18. or by i^aintiff, 20. but not till full answer has been pnt is to bill, 20. unless court order to the contrary, 21. power of court to deal with them, 21. not be received or used unless stamped, 105. if not stamped, through mistake or inadvertence, may be ordered to be stamped, 105. DOORKEEPER OF THE COURT: office of, abolished, 115, ENGINEERS: court may act on the certificate of, 86. fees of, to be regulated by taxing master, 86. subject to appeal to judge, 87. ENGROSSMENT: printed bills and claims to be filed in lieu of, 2. when amended without, 8, 9. ENROLMENT: of decrees, orders, and dismissionB, must take place within six months, 170. afterwards only by order of conrt, 171. order to be conditional unless by consent, or on motion and notice, 171. to become absolute unless canse shown, when, 171. caveat against signing docket of, when to be prosecuted, 171. docket, when it may be signed, 171. no enrolment of decree to take place five years after date thereof, 171. lord chancellor and lords justices may enlarge periods for re- hearing, 171. or an appeal, 171. or for an enrolment, 171. (&e ACKNOWI-EDOMENTS, ApPBAU.) INDEX. EQUITY JUDGES: (o) to sit at chambers for despatch of bnsiness, 72. chambers to be provided for, 72. sitting at chambers to have same power and jurisdiction as in open court, 73. orders at chambers to be ordinarily drawn np by chief clerks, 73. may direct registrars to draw them np, 73. may require attendance of registrars at chambers, 73. orders made at chambers to have force as orders of court, 73. each to have power to appoint, two chief clerks to assist in business of court, 74. and a junior clerk to each chief clerk, 75. business to be disposed of by, at chambers, 77. may adjourn from open court to chambers, and mce veraa, the consideration of any matter, 78. mode of proceeding is to be by summons, 78. may direct what matters shall be heard and investigated by themselves, 78. what by chief clerks, 78. right to suitor to bring any point before judge, 79. may exercise all powers possessed by masters, 82. may exercise certain powers given to masters to compel parties to proceed, 83. may direct cause or matter to stand In paper, 83. proceedings to be taken before, in chambers, 175. when matter not disposed of on summons, parties to attend with- out further summons, 175. solicitor prosecuting proceedings under, to leave certified copy of order at chamb^, 175. summons to proceed with accounts or inquiries to be issued thereon, 175. judge to be satisfied that proper parties have been served with notice of order, 176. what directions are to be then given, 176. day appointed for attendance of parties, 176. directions may be varied, 176. substituted service of order or notice in lieu of service may be directed by judge, 176. judge may direct farther inquiries or accounts, 176. or if desired that the matter may be considered in open court, 176. at time summons or appcnntment obtained, entry to be made in book, 176. list of matters to be heard are to be affixed to doors of chambers, 176. matters subject to special direction to be heard in order as in list, 176. (a) That is to say, the Master of the KoUs and Vioe-Chancellors. 15 M 2 INDEX. EQUITY JVDGKS—amtintied. course of proceeding is to be same in chambers as in court upon motions, 176. no states of facts, charges, or discharges, to be brought in, 176. what to be brought in when directed, 176. without special direction, no copies are to be made when originals can be brought in, 177. notice of affidavit to be used at chambera, 177. register to be kept of proceedings in, 181. leave mnst be allowed to attend proceedings' in^ 181. costs of counsel, 181. judge sitting in to have powers given to masters by general orders, 182. power of judge in to enlarge or abridge tune for proceeding un- affected by order of 16th October, 1852, 182. (See Accounts, Advertisements, Cbjef Clerks, CiiAiMAin's, Costs, Inquiries, Receiver, Summons.) EQUITY OP REDEMPTION: (lee Foreclosure.) EVIDENCE: when snit by bill at issue, plaintiff may give notice to defendant to adduce, orally, or upon affidavit, 29. notice to be given seven days after issue joined, 29. to he adduced by affidavit on notice given by pliaintiff, when, 29. unless notice given by defendant that he desires evidence to be oral, 29. evidence to be taken orally if required, 29. unless party making application be vrithont sufficient interest, 30. mode of taking, 30, 31, 32, 33. when to be closed, 34, 35. fnrther evidence cannot be taken without leave of conrt^ 84. but witness who has made affidavit may be cross-examined after- wards, 34, 35. subsequent to the bearing to be taken in the same way as prior to the bearing, 38. practice of taking, subsequent to hearing to be subject to ^lecial directions, 177. practice and mode of taking by chief clerk is to be same as by examiner, subject to special directions, 177. how to be transmitted by chief clerk to Record and Writ Office, 177. party to suit may have copy of, 177. (See Affidavitb, Depositions, Examinations, Exa- miners, Witnesses.) EXAMINATIONS: commissioners to take, within jurisdiction, abolished, 21. may be sworn and filed as affidavit, 21. how sworn and taken ont of the jurisdiction, 22. falsely swearing, 23. 16 INDEX. EXAMINATIONS— c(miness at chambers and before chief clerks, 84. may appoint not less than six conveyancing counsel, 86. may increase salaries of chief and junior clerks of the judges, 87. with consent of Treasury may pension chief and junior clerks in case of permanent infirmity, 87. salaries to be payable under order of, 89. may appropriate masters' offices in Southampton Buildings, 91. after resignation, may deliver written judgment within sis weeks, 96. officers to receive fees until otherwise directed by, 100. may make regulations as to copies, 101. may vary, abolish, and reduce fees, 102. may provide for their collection by stamps, 102. may give necessary directions to commissioners of inland revenue, 103. may direct payment of moneys collected by stamps, 103. may direct such officers whose incomes are diminished by substi- tution of stamps, &c., to sell and distribute stamps, 104. may direct document to be stamped, when not stamped through mistake or inadvertence, 105. may abolish fees in lunacy, 106. may substitute a per centags or ad vatorem payment in lieu thereof, 106. and direct payment of the amount raised, 107. statutory jurisdiction of, by whom it may be exercised, 108. salary of, 108. to be paid out of consolidated fund, 109. to regulate times fur payment of brokerage of accountant-general into suitors' feee fund, 111. certain officers of, removed, and their offices abolished, 112. to be psud by salaries, in lieu of fees, 113. to direct proportions in which sum is payable to secretaries of presentations, and of commissions of the peace, 112. to appoint persons to perform duties of clerk of reports, 115. orders in lunacy signed by, and entered by registrar, to be acted upon, 116. to make regulations as to allowances for copying, 116. as to countersigning cheques of accountant-general, 118. to make gencrS rules and orders for carrying 15 & 16 Vict. c. 87, into eSect, 120. orders may be varied, 120. to regulate the duties of clerks of the accountant-general, 121. and fix their fees, 121. may order pensions for retiring officers, 126. order must be laid before House of Commons, 127. may remove and give pensions to disabled officers, 127. INDEX. LORD CRAHCELLOVl— continued. may direct the qnarterly days for payment of salaries, nnder 15 & 16 Vict. 0. 87, 128. may by order direct payment of compensation and snperannnation or retiring allowances, without draft of acconntant-general, 129. may make orders as to the expenses of the court, 130. orders to be made by, in case of surplus or deficiency of the smtors'fee fund, 133. the office of the secretary of bankrupts abolished, 135. may order times for the payment of retiring officer to one of the clerks of office of chief Registrar of bankruptcy, 136. may appoint successor of present chief clerk in the office of registrar in bankruptcy, 137. may direct times for payment of compensation to clerk of inrol- ments in bankruptcy, 138. LORDS JUSTICES: jurisdiction of, under Trustee Act, 1850, and acts in force respect- ing lunatics, 108. present registrar in bankruptcy to continue attendance upon, 138. all affidavits in appeals to bankruptcy, to be entered in office of registrar, 138. jurisdiction conferred upon, by 15 & 16 Vict. c. 48, p, 142. by Trustees Act Extension, 152. LUNACT: fees in, may be abolished by lord chancellor, 106. fees not abolished to be collected by stamps, 106, 107. and a per centage or ad valorem payment substituted, 106. secreUry of lunatics henceforth called registrar in lunacy, 116. orders in, when drawn up and signed, to be entered by registrar is , 116. office copies of orders to be furnished by him, 116. and to be received in evidence, 116. to be acted on where relating to payment or transfer of money as if drawn up by registrar in lunacy, 116. to be acted on by accountant-general when signed by lord chan- cellor, and entered by registrar in lunacy, 116. certificates and reports of masters in, to be only filed in office of registrar in, 117. forging signature of registrar in, or his seal, to be felony, 117. officers or persons employed in the offices of the registrar in, may claim pensions and compensations, when, 124. powers and provisions of 11 Geo. 4 & 1 Will. 4, u. 65, s, 28, extended, 141. reversionary or expectant interests of lunatics in laud or stock may be sold and mortgaged, 141. receiver of lunatics' dividends may be appointed, 142. may give receipts, 144. INDEX. LUNACY — contittued. indemnity to Bank of England, 144. receiver may, under order, make repairs, execute contracts, &c., leases, &c., 145. LUNATICS: statutory jurisdiction respecting, by whom it may be exercised 108, 142, 152. (See Disability, Lunacy.) MAINTENANCE: {see Lukacy.) MAERIED WOMAN: written authority must be signed by next friend on instituting snit for, 12. how consent may be given for, that affidavits be used at the hear- ing, though evidence taken orally, 33. acknowledgment of, not to be taken by chief clerks, 79. MASTEE IN LUNACY: (see Lunacy.) MASTER OF REPORTS AND ENTRIES: to countersign cheques, 118. and perform such duties as lord chancellor may direct, 119. MASTER OF THE ROLLS: (see Equity Judges, Reoogki- ZA21CES.) MASTERS IN ORDINARY: office of, abolished, 65. no vacancy to be filled up, 66. fbtnre accountant-generij not to be, 66. two to be released from duties 1st day of Michaelmas Term, 1852, 66, 67. as they can be spared, lord chancellor may release the rest, 67. except from attendance in House of Lords, 67. the masters released to continne prosecution of certain matters, 67. option to the others to retire, according to seniority, 67. when no longer necessary, may be released by lord chancellor, 68. salaries and compensation allowance continued by way of retiring pension, 68. to be paid in the same manner as present salaries, 68. may sommon parties to settle and wind up proceedings before them, 68. and may give directions and make orders, 68. subject to be discharged or varied by court, 69. may proceed, in the absence of parties neglecting or refnsing to attend, 69. if necessary, may dispose of part of any cause, matter, &c., and report and certify on whole case, 69. court may thereon order further prosecntion, and final disposal of the suit, 69, INDEX. MASTERS IN ORDINARY— amtimed. including costs, 69. on request of parties, may direct solicitor of suitors' fund to bring report or certificate before court, 69. provision for costs of solicitor of suitors, 69. no fresh references to masters, 70. except in cases already before them, 70. and in matters under the Winding-up Acts, 71. until released, those remaining to prosecute all the business depending, 71. present powers reserved to them for such purposes, 7 1 . their rights and establishments to continue until released, 95. lUSTEES' OFFICES: business in, to be conducted in the same manner as similar busi- ness is by judges, 84. in Sonthampton-bnildings, appropriation of, 91. MATERIALITY: of questions cannot be decided by examiner, 32. (See Examiner, Witnesses.) MERCHANTS: court may act on the certificate of, 86. fees of, to be regulated by taxing master, 87. subject to appeal to judge, 87. MESSENGER: his oath dispensed with in cases of pleas, answers, disclaimers, or examinations, 24. MISJOINDER: suit not to be dismissed for, 47. court may modify its decree according to special circumstances, 47. court may direct amendments to be made, 47. one or more plaintiff may at hearing be treated as defendant or defendants, 47. in case of death of plaintiff having interest, leaving plaintiff without interest, suit may be revived, 47. (Sse Parties.) MISTAKES: in proceedings under 15 & 16 Vict. u. 86, may be rectified by court, 58. m MORTGAGEE: (see Foreclosure.) MORTGAGOR; (tee Foreclosure.) MOTION: (see Decree and Decretal Order. 26 INDEX. NE EXEAT REGNO: written copy of bill for writ of, may be filed and served, 6. (See Bill.) NEXT FRIEND: solicitor mnst obtain written authority to use name of, 12. it most be filed, 12. QSee Infant, Married Woman.) NEXT-OF-KIN: one of may obtain decree fjr administration of personal estate witbont serving the others, 39. administrator may obtain decree against next-of-kin, 39. some or one of, may obtain summons to show why order for admi- nistration of personal estate shonld not be granted, 43. (See Summons.) NOTE : (see Aocountant-General, Bank of England.) NOTICE: of motion for a decree, 17. list of affidavits to be set out at foot of, 17. must be entered with the registrar, 17. of decree, when to be served on persons not parties to the suit, 40. to add to decree, when to be served, 40. memorandum of service of, how entered, 40. service of, on appeal, 170. of appearances at chambers, 174. OATH: persons authorized to administer, may take pleas, answers, &c., in Scotland, Ireland, and Colonies, 22. if false, to be perjury, 23. pleas, answers disclaimers, or examinations, may be taken without messengers', 24. may be administered by examiners, 33. by chief clerks, 79. OBJECTION: witness may take, to questions on oral examination before the examiner, 32. to be transmitted by examiner to Record Office by decision of court, 32. costs of, in the discretion of the court, 32. for want of parties, settmg down cause on abolished, 42. (See Parties.) OFFICERS IN CHANCERY: not to receive fees for own use, 99. to be paid by salary, 100. fees until lord chancellor otherwise directs to be paid into suitors fee fund, 100. 27 IT 2 INDEX. OFFICERS IN CHANCEEY— coniMMMrf. not to take gratnitles, &c., 100. how those offending to be prosecuted, 101. guilty of fraud or wilfiil neglect in relation to stamps liable to be dismissed, 105. whose emoluments are diminished by Suitors in Chancery Relief Act, may make claim of compensation, 124. payments to be made to those whose offices are abolished, 125. lord chancellor may order pensions to those retiring, 126. or disabled, 127. salaries of, to grow doe from day to day, 128. ORAL: evidence when to be. (See EviDEMCE.) ORDER FOR ACCOUNTS OR INQUIRIES: to be numbered, 174. form of, 174, 184. persons not coming in escluded from benefits of, 174. ORDERS AND DIRECTIONS: applicable to all cases, whether originating in chambers or not, 174. (See AccoxwTs, Advertisements, Appeakahcb, Inquiries, Interest, Legacies, Recognizances, Receivers, Sale.) ORDERS (see Appeal, Enrolment, General Orders.) PARAGRAPHS: ' bills to be divided into, and numbered consecutively, 1 1 . so likewise answers, 15. and affidavits, 34. general rules and orders to be made under 15 & 16 Vict. c. 86, to be liud before, 60. PARLIAMENT: statement of per centage or ad valorem payment to be paid by estates of lunatics to be laid before, 107. retiring pensions of officers made by order of the lord chancellor to be laid on table of the House of Commons, 127. PARTIES: defendant cannot object for want of, in suits for the administra- tion of personal estate by one residuary legatee or next-of- kin, 39. by one legatee of legacy charged on realty, or interested in proceeds of sale thereof, 39. by residuary devisee or heir, 39. by one of several ce^tuU qtie trust, 39. in suits for protection of property by one person for himself and others, 39. INDEX. PARTIES— eoBitnuerf. conrt in such cases may require other parties to be made, 40. condnct of the suit may be given by court to any person, 40. defendant may be pnt on same footing as to costs as parties having same interest, 40. persons at present necessary parties, when to be served with notice of decree, 40. after notice boand by proceedings, 40. may obtain liberty to attend proceedings, 40. and to add to decree, 40. persons beneficially interested, when represented by trustees, 40. may be ordered by the conrt to he made, 41. setting down cause for objection for want of, abolished, 42. legal personal representative of person interested, when court may proceed without, 42. may appoint person to represent estate, 42. court may decide between same parties without making others interested parties to suit, 49. or where part of property only is in question, 49. will not require the whole of the trusts to be executed, 49. or accounts taken, except application be fraudulent or collusive, and ought not to be entertained, 49. PABTY: may be examined orally by conrt on hearing, 36. PATENTEE OF SUBPCENA OFFICE: abolished, 115. may claim compensation, 128. PENALTY: for false swearing, declaring, alfirming or attesting under 15 & 16 Vict, c 86, s. 23, p. 23. for forging signature, &c., of judge empowered to administer oath, 23. for tendering any forged official document, 23. for false swearing or affirming before chief clerk, 80. officers taking gratuities, 101. (See Fbloky.) PEBSONAL ESTATE: at any time after snit instituted, conrt may allow part thereof to parties interested, 55. or part or whole of the income, 55. PERSONAL REPRESENTATIVE: when conrt may proceed in suit without, 42. may appoint one, 42. notice i^ appointment to be given, 43. » N 3 PETITION: witnesses may be summoned to give evidence to be used on hearmg of, 37. parties making affidavits to be used upon, subject to cross-exami- nation, 37. j may be presented to discharge order for revivor, 50. PLEA: may be put into bill by defendant, though answer not required, 14. when leave to put in, required, 14. if granted, plaintiff's right to move for a decree suspended, 14. applications for time to plead to be disposed of by judge at chambers, 77. commissions for taking, within jurisdiction abolished, 21. to be sworn and filed as affidavit, 21. how sworn and taken out of the jurisdiction, 22. falsely swearing, 23. forging signature, &c. of person administering oath, felony, 23. to be filed without messengers' oath, 24. POSSESSION: of real estate ordered to be sold, to be delivered up, 54. (See Beal Estate, Sale.) PEAYEK: to be for specific and general relief, 11. PRINCIPAL SECRETARY OF THE LORD CHANCELLOR: to be paid by salary, 113. PRINTED BILLS OR CLAIMS: t» be filed in lieu of engrossment, 2. how to be printed, 2. copies to be served in lieu of writs of subpoena and summons; 3. to be indorsed and stamped, 3. effect of service of, 4. mode of service of, 5. undertaking to file printed copies, 6. written copies taken off file unless printed copies filed, when, 7. fees to solicitors for, 7, 165. rate at which they are to be delivered to defendant, 7. number which he may demand, 8. amendments of, how to be made, filed, and served, 8, 9. pronsions as to, may be discontinued or suspended by lord chUH- cellor, 10. PRODUCTION OF DOCUMENTS: (fee Documents.) PURSEBEAEER: to be paid by salary, 113. QUEEN: may appmnt vice-chanoellor as successor to Sir G. J. Turner, 92. INDEX. EEAL ESTATE: creditor or person interested nnder will may obtain order or sum- mons for administration of, 45. may be sold by conrt before decree at hearing, 54. parties in possession mnst give up same, and receipts of rents, 54. before sale, abstract of title to be laid before conveyancing counsel, 54. time for delivery of abstract to be specified in conditions, 55. part or nhole of income of, may at any time be allovred to parties interested, 55. (See Foreclosure; Scjmmons.) KECEIVEE: answer of defendant on motion for, to be regarded as affidavit, 57. afSdavits may be had in opposition to answer, 57. to give security for what, and how, unless otherwise ordered, 175. salary of, 175. allowance of, 175. general orders shall apply to, appointed after rules in order of 16th October, 1853, come into operation, 175. account, mode of proceeding on, in judges' chambers, 177. book of accounts to be deposited in chambers when receivership completed, 178. certificates on passing accounts of, 181. (See Lunacy, Kecogmzamces.) RECOGNIZANCES: to be given to the master of the rolls and senior vice-chancellor, 175. EECOBDS AND WRITS: clerks of, to receive and file printed bills and claims, 2. to stamp them, 3. may receive and file written copy of bill, when, 6. may take written bill off file, when, 7. must stamp amended bill or claim, 9. interrogatories for examination of witnesses to be filed in office of, 12. demurrer of witness on oral examination to be transmitted to and filed in, 32. as also depositions, 32, 177. copies of depositions, or any part thereof, to be furnished, 32. duplicate or copy of summons for administration, and in other cases, to be filed in, 45, 173. to be stamped with stamp of office of, 45, 173. appearance on order to revive, to be entered in, 50. duties of secretaries of decrees and injunctions to be performed by clerks of, 113. duties of subpoena office transferred to, 115. duties of subpcena office to be transferred to clerks of, ll.t. deeds ordered to be left or deposited are to be left at, 182. 31 INDEX. RE-EXAMINATION: witness orally examined liable to oral, 30. how to be condocted, 30. witnesses by affidavit liable to oral, 34. expenses of witnesses on, 35, 37. must immediately follow cross-examination, 36. RKFEEENCES: none to be made to masters after first day of Michaelmas Term, 1852, 70. except in cases already before them, 70. and under Winding-up Acts, 71. REGISTER: to be kept of proceedings in chambers, 181. REGISTRAR IN LUNACY: (see Lbhact.) REGISTRARS: attendance of, may be required at chambers to draw up orders, 73. one may countersign cheques of attorney-general in rotation with master of reports and entries, 119, 154. to sign copies of, or extracts made, in ofBce of the master of reports and entries during his unavoidable or reasonable absence, 154 deposits to be paid to the senior, on appeal, 121. must pay deposits to the appeal deposit account, 122. the one at present in attendance on lord justices in bankrnptcy to continue to attend, 138. REHEARING: (See Appeal, Enbolmeht.) RELATOR: solicitor must obtain written authority to, use name of, 12. it must be filed, 12. RELEVANCY: of questions cannot be decided by examiner, 32. (See ExAMmEB, Withesses.) REPLICATION: motion for decree must be made before filing, 1.5. issue to be joined by, when, 24. form of, 25. REPORT OFFICE: account of suitors money receipt at, to be discoMinued, 119. REPORTS OF CHIEF CLERK: when account has been directed, how to state result, 179. how to be made, 180. in what form, 180, 185. time within, and mode in which party is to take opinion of judge upon, 180. INDEX. REPORTS OF CHIEF CLERK— co««tnue4 to be submitted to judge for his approval, 181. to be signed by jndge, and filed by, 181. applications to discharge, 181. (See Chief Clerk.) REPRESENTATIVES: payments to sorviTing, of sums reported due by accountant- general, 155. RESIDUARY LEGATEE: • one may hare decree for administration of personal estate without serving others, 39. may obtain summons for executor or administrator to show cause why order for the administration of personal estate should not be granted, 43. REVIVOR AND SUPPLEMENT: bills for, not necessary, 49. upon allegation of abatement order to revive or usual supplemental decree may be obtmned by order as of course, 49. must be served upon parties who would have been defendants to bill of revivor, or supplemental bill, 49, 50. service to be binding on them, 50. they must enter an appearance, 50. may apply to discharge order within twelve days, 50, 51. as to parties under disability, not boimd unless guardian ad litem appointed, 50, 51. except disability be coverture, 50, 51. SALARIES: of lord chancellor and judges to be paid out of the consolidated fund, 109. to be paid to the accountant-general in lieu of brokerage. 111. salary of future accountant-generals, 112. of receiver, 175. SALE: court may direct, of mortgaged property instead of foreclosure, 46. may be ordered by court before decree or hearing, if required, 54, abstract of title of estate to be laid before conveyancing counsel previous to, 54. of property ordered to be sold, how to be made unless otherwise ordered, 174. (See Real Estate.) SCANDAL: practice as to excepting to answers for, to be extended to answers to interrogatories for examination of plaintiff, 19; INDEX. SCIENTIFIC PERSONS; judge ma,j act on the certificate of, 86. fees of to be regulated by taxing masters, 86. subject to appeal to judge, 87. SCOTLAND: how pleas, answers, examinations, &c., are to be taken and sworn in, 22. SEAL: for judges' chambers, 173. (See SoMMosa.) SEALER: removed, and his office abolished, 113. duties to be performed by pursebearer to the lord chancellor, 113. SECRETARIES OF PRESENTATIONS, AND COMMISSIONS OF THE PEACE: to pay fees into the consolidated fund, 114. and to be paid by salaries, 114. SECRETARY OF BANKRUPTS: office of, abolished, 13.5. (See Chief Registrar in BAUKRUprcr.) SECRETARY OF DECREES AND INJUNCTIONS: removed, and his office abolished, 112. his duties to be performed by clerks of records and writs, 113. SECRETARY OF LUNATICS: to be called " the registrar in lunacy," 1 1 6. SERVICE: of printed copies of bill or claim, in lieu of writs of subpcena or summons, 2. effect of, 3, 4. how to be effected, 5, 6. substituted service of, 6. of written copy of bill, when, 6. of amended bill or claim, 8. upon defendant's solicitor, when good, 9. at address of defendant, appearing in person, 10. of summons, to show cause why personal estate should not be administered, to be proved by affidavit, 44. not valid, unless copy of summons be stamped, 45. of order to revive suitor, 49. (See Substituted Service.) SOLICITOR: must obtain written authority for using name of next friend or relator, 12. it must he filed, 12. 34 INDEX. SOLICITOR— confcnuerf. of snitors' fee fond, on neglect of parties to bring master's report or certificate before courti may be ordered to do so, 69. provision for his costs, 69. appointed to any office nnder IS & 16 Vict. c. 86, to be struck off the rolls, 75. most have practised for ten years to be appointed chief clerk, 74. SOUTHAMPTON-BUILDINGS: (see Master's Offices.) STAMP: bills and claims to be stamped with, 3. vhen to be affixed to copies of snmmons, when service required, 173. (See Summons.) STAMP DUTY: payable on vesting orders, 153. STAMPS: power to lord chancellor to provide for collection of fees by, 102. after sach orders fees not to be received in money, but by stamps, 103. commissioners of inland revenue to give directions as to, 103. to keep separate accounts, 103. pay moneys into suitors' fee fund, 103. provision for sale of, 104. commissioners of inland revenue may make regulations as to spoiled, 104. provisions of former acts to be applicable to, under 15 & 16 Vict. u. 87, 104. no doenment to be received or used unless stamped, 105. fees to be collected by means of, in judges' chambers, 200. in the master's offices, 201. in the registrar's office, 201. in the report office, 202. for affidavits, 202. in the examiner's office, 202. in the record and writ clerks' office, 203. in the taxing master's office, 204. in the lord chancellor's principal secretary's office, 204. in the office of the secretary at the rolls, 205. STATEMENT: when to be made and filed instead of supplemental bill, 52. (See SUPPLEMBHTAL BiLL.) STATE OF FACTS: not to be brought into chambers, 176. STATUTES: cited: — 8 & 9 Vict, c. 113, s. 4, p. 24, 118. 35 INDEX. STATUTES— con«»»M«?. 5 *; 6 Viot. c. 103, p. 126. 4 86 5 Will. 4, c. 24, p. 127. II Geo. 4, c. 65, s. 28, p. 140. 8 & 9 Vict. c. 100. s. 95, p. 142. Trustee Act, 1850, p. 146. sections 13, 14, and 15, of 3 & 4 Will. c. 94, p. 82. section 61 of 5 Vict, c 5, p. 110. sections 17 and 18 of Trustee Act, 1850, p. 147. SUBPffiNA: writ of, to appear and answer, abolisbed, I. except as to bill filed before orders of 7th August, 1852, come into operation, 10,158. SUBPCENA AD TESTIFICANDUM, OR DUCES TECUM: witness having made affidavit bound to attend examiner for cross- examination and re-examination, as if he had been served with, 34. party in a cause may require attendance of witness before examiner by, 36. parties and witnesses summoned by chief clerks in default to be liable to process of contempt, as if served with, 80. SUBPOENA OFFICE: duties of, transferred to clerk of records and writs, 115. officers of, may claim compensation, 124. SUBSTITUTED SERVICE: of printed bill or claim, when directed, 6. order made by judge at chambers, when and how it may be made, 176. (See Equity Judges.) SUITORS' FEE FUND: fees and moneys to be paid into, 100. surplus of suitors 'fund to be from time to time carried over, and become part of, 131. provision in case of surplus or deficiency of, 133. (See Suitors' Fund.) SUITORS' FUND: compensations and snperannnation, or retiring allowances, under the Chancery Relief Act, payable out of, 129. alteration of quarterly days for payment of certain salaries out of, 130. surplus of, to be from time to time carried over and become part of suitors' fee fond, 131. (See Bbokebaoe.) INDEX. SUMMONS: to show cause why order for administration of personal estate should not be granted, may be obtained by a creditor, 43. by spedfie pecuniary or residuary legatee, 43. by some or one of the nezt-of-kin, 43. order may be made on proof of service of, 43. order to hare effect of decree, 44. discretionary power in judge to make or refuse order, 44. is to give special directions touching carriage or execution thereof, 44. form of summons, 45, 169.' copy must be filed in record office, 45. for the administration of real estate, when it may be obtained, 45. form of, whether originating in chambers or not, 172, 183. by chief clerk under 15 & 16 Vict. o. 80, s. 30, form of, 172, 183. how prepared, sealed, and issued, 173. duplicate of, on what applications to be filed in record and writ office, 173. how copies stamped when service required, 173. time for service of, 173. new time may be appointed for service of, when and how, 173. on return of summons, hearing may be adjourned, 173, to be obtained to take opinion of judge on certificate or report of chief clerk, 180. (5ee Chief Clerks, Equity Judges.) SUMMONS, WKIT OF: on a claim, abolished, 2. printed sammons to be served in lieu of, 2. except as to claims filed before 2nd November, 1852, 10. SUPPLEMENTAL BILL: not now necessary, 51. new facts after commencement of suit may be introduced by way of amendments, 51. if cause is in a proper state, 51. if not, statement of facts to be made and filed, 52. it may be written or printed, and is to be annexed to bill, 52. proceedings to be taken in if statement was embodied in snpple- mental bill, 52. court may make order accelerating proceedings, 52. (See Kevtvok ahd Supplement.) SURVIVING EEPEESENTATIVES: payment of sum found over by accountant-general to surviving representatives, 155. TAXING MASTER: to tax costs where printed bill not filed according to undertaking, 7 37 O INDEX, TAXING MASTEK— OTfjtfnwet?. to regulate fees of oonveyamcing counsel, accountants, merchants, engineers, actuaries, and scientific persons, 86. subject to appeal to judge, 87. amount of the salaries of bis clerks, 121. TKAINBEAEEE: for vice-chancellor, 94. his salary, 94. TRAVEKSE: of bill by a defendant not required to answer, and who has not put in answer, 24. (See Eeplication.) TKEASURY: ' salary of persons appointed to perform duties of clerk of reports, to be settled by commissioners of, 115. commissioners to determine on the claim for compensation of the officers whose emoluments are diminished in consequence of the Suitors in Chancery Belief Act, 124. (See Brokerage.) TRUSTEES ACT EXTENSION: court may by, make order vesting estate in lieu of conveyance by a party to a suit after a decree or an order for sale, 146. on wilful refusal or neglect of a trustee to convey or release, 147. for transfer or receipt of dividends of stock in name of infant trustee, 148. on neglect to transfer stock for twenty-'eight days, 149. or on like neglect by executor, 149. bank of England, &o., bound to comply with such orders, 150. indemnity on their so obeying, 151. may appoint new trustees in lieu of persons convicted of felony,151. or when it is expedient whether there be existing trustee or not, 1 52. appointment of new trustees by the lord chancellor not necessary to be in Chancery as well as in lunacy, 1 52. UNCLAIMED DIVIDENDS: certificates of, to be filed in the office of chief registrar in bank- ruptcy, 186. UNDERTAKING: mnst be given by plaintiff or his solicitor, on filing a written, to file a printed bill, 6. USHER OF COURT OF CHANCERY: office of, abolished, 115. VESTING ORDERS: stamp duty payable on, 153. {See TBtJSTKES Act Extension,') INDEX. VICE-CHANCELLOB: power to Her Majesty tp appoint, as successor to Sir 6. J. Turner, 93. to liave same power as Sir G. J. Turner, 94. his ofBcers and attendants, 94. his salary, 94. retiring pension, 94. court keepers to, to be appointed by the lord chancellor, 94. (See Chambers, Chief Clerks, Equity Judges, Recoonizakces.) • WAED: written copy of bill to make infant, may be filed and served, 6. (See Bill.) WASTE: in suits for protection in oases in the nature of waste, one person may sue on behalf of himself and all persons having same interest, 39. WINDING-UP ACTS: references to the masters in matters under, may still be made, 70 WITNESSES: former mode and practice of examining abolished, 26. except in ease of a particular witness within jurisdiction, 27. mode of examining orally, 30. subject to oral cross-examination and re-examination, 30, how to be conducted, 30. depositions to be taken in writing by examiner, and read to witnesses, 31. to be signed by witness, or on his refusal by examiner, 31. may abject to materiality or relevancy of questions, 32. course to be adopted, on refusal to be sworn or answer lawful questions, 32. may demur or object to questions, 32. demnrrer or objection to be transmitted to Record Office for decision of court, 32. costs thereof to be in the discretion of the court, 32. affidavits may be put in by particular, though evidence taken orally, 33. by consent, 33. by leave of court on notice, 33. consent may, with application of court, be given on part of parties under disability, 33. making affidavits subject to oral cross-examination, and re-exami- nation, 34, 35. bound to attend before examiner, 35. notice must be given to him, 35. and to the party on whose behalf affidavit was made, 36. INDEX. WITNESSES— contasuai. paTinent of expenses, 35. by whom paid, 35. re-examination immediately to follow cross-examination^ 36. examination of, orally by court on hearing, 36. oral examination of, upon any claim, motion, petition, or other proceeding, 37. notice to be given to opposite party, 37. person having made affidavit bound to attend for cross-examination and re-examination, 37. notice of intention to cross-examine must be given, 38. examination of witnesses subsequent to the hearing, 38. (See Affidavits, Afpibmations, Chief Clerks, Evidence:, Examinatioiis, Ezamikebs.) WOEDS, MEANING OF, IN ACTS AND ORDERS: "affidavit" means also "affirmation," 62, 164. " bill of complaint" means also " information," 62. "lord chancellor" means also "lord keeper," "lords commis- sioners of the great seal for the time being," 62, 97. " general order of the lord chancellor" means " general order of the lord chancellor with such advice and assistance as afore- sMd," 62. " her majesty" means " the sovereign for the time being," 97. " order" includes " decree and decretal order," 182. " party" includes " a body politic or corporate," 164, 182. "receiver" includes "consignee and manager," 182. importing singular number include plural number, and words importing the plural number include the singular number, 164, 182. importing the masculine gender include females, 164, 182. WRITS: of subpoena to appear and answer biUs abolished, 2. and writs of summons, 6. except as to bills and claims filed before 2nd November, 1852, 10, WRITTEN COPY OF BILL: in what cases it may be filed, 6. London : Printed by Jobs Cbockfoed, 29, Essex-street, Strand. 40