SUPPLEMENT 
 
 Jfiftjj $tntiott 
 
 DANIELL'S CHANCERY 
 PRACTICE. 
 
(Eontell Haw Bttyaal Ctbrarg 
 
 HatHljaU Equity (Eollertum 
 
 (Sift of 
 
 S. 31- Marshall, ffi.ffi. 1. 1B34 
 
CORNELL UNIVERSITY LIBRARY 
 
 3 1924 084 259 724 
 
The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924084259724 
 
THE 
 
 PKACTICE 
 
 OF 
 
 &te Htflft €<mrt of €hunttx$, 
 
 UNDER 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872, 
 
 TOGETHER WITH 
 
 * 
 
 THE ACT ABTD THE EULES AND OBDEES THEEEUNDEE. 
 
THE 
 
 PRACTICE 
 
 OP 
 
 3R&e fetgi) Court of Cftancerp, 
 
 UNDEB V 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 TOGETHEB WITH 
 
 APPENDICES, 
 
 CONTAINING 
 
 THE ACT AND THE RULES AND ORDERS THEREUNDER 
 
 AND 
 BY 
 
 LEONARD FIELD and EDWARD CLENNELL DUNN, 
 
 BABBISTEBS-AT-LAW. 
 
 EDITORS OF THE 4th & 5th EDITIONS OF DANIELL'S CHANCERY PRACTICE. 
 
 LONDON : 
 STEVENS AND SONS, 119, CHANCERY LANE, 
 
 .1873. 
 
' LONDON: 
 BRADBURY, AGNEW, & 00., PRINTERS, WHTTEFRIARS. 
 
PREFACE. 
 
 The Editors hope that this little work may be found 
 useful to the Profession. 
 
 In preparing it they have had the valuable assistance of 
 Mr. Bogers, C.B., one of the Begistrars of the Court of 
 Chancery, and Mr. Parkinson, the Assistant Paymaster- 
 General for Chancery business, by both of whom the proof- 
 sheets have been read. 
 
 The Editors have also been furnished by Mr. Parkinson 
 with copies of such of the forms used in his office as it 
 appeared desirable to insert, and by Mr. Bogers with several 
 useful forms. 
 
 Mr. Leach, the Senior Begistrar of the Court, has kindly 
 favoured the Editors with the forms of Orders and Eegis- 
 trar's Certificates which have been approved by him, and 
 printed for use in the Begistrar's Office. The forms of Orders 
 and Begistrar's Certificates in Appendix V., are the forms 
 furnished by Mr. Leach, with some trifling verbal altera- 
 tions, except Form No. 48, for which the Editors are alone 
 
VI PKEFACE. 
 
 responsible. The information contained in the notes to 
 forms, furnished by Mr. Leach, will also be found introduced 
 in the appropriate places. 
 
 The best thanks of the Editors are returned to the 
 above-named gentlemen, particularly to Mr. Rogers and 
 Mr. Parkinson. 
 
 Lincoln's Inn, 
 
 March, 1813. 
 
CONTENTS. 
 
 CHAPTER I. 
 
 PAGE 
 
 INTRODUCTION 1—5 
 
 CHAPTER II. 
 
 The Paymaster-General and the Chancery Pay-Office 6 — 11 
 
 CHAPTER III. 
 
 Bringing Money Securities and Effects into Court . 12—18 
 
 CHAPTER IV. 
 
 Placing on Deposit and Investing Money in Court and 
 
 Converting Government Securities into Cash . . 19 — 27 
 
 CHAPTER V. 
 
 Payment, Transfer, and Delivery of Money and 
 
 Securities out of Court 28—38 
 
 APPENDIX I. 
 
 THE COURT OF CHANCERY (FUNDS) ACT (35 & 36 Yiot. c. 44), 
 
 39—58. 
 
 The * indicates that the section is printed in esetemo on the page to which 
 
 it is affixed. 
 Sections. 
 
 1. Short title, 1, 39* 
 
 2. Commencement of Act, 1, 40* 
 
 3. Definitions, 8 n. (6), 12 n. (6), 26 n. («), 28 n. (a), 40*, 41* 86 n. 
 
 (J), 88 n. ( 2 ) 
 
.Vlll CONTENTS. 
 
 4. Abolition of office of Accountant-General of the Court of Chan- 
 
 cery, and performance of duties by Paymaster- General, &, 0, 
 41* 
 
 5. Liability of Consolidated Fund for default of Paymaster-General, 
 
 2, 41*, 42* 
 
 6. Construction of Acts, &c/, referring to Accountant-General, 7, 
 
 42*, 43* 
 
 7. Framing of orders, 5 n. (c), 43* 
 
 8. Office of Paymaster-General for Chancery business, 4,7, 32, 43* 
 
 9. Vesting of property in Paymaster-General for time being, 5 n. (c), 
 
 43* 
 
 10. Transfer of securities and receipt of dividends, 3, 5 n. (c), 17, 
 
 24 n. (k), 28 n. (c), 33, 43*, 44* 
 
 11. Application of 16 & 17 Vict. c. 59 to cheques, &c, of Paymaster- 
 
 General, 5 n. (c), 28 n. (c), 44* 
 •12. Forgery of signature of Paymaster-General or his deputy, 5 n. (c), 
 - 28 n. (c), 44*, 45* 
 
 13. Indemnity to Bank of England, 9 n. (i), 28 n. (c), 45* 
 
 14. Establishment of suitors' deposit account, 3, 19, 20 n. (p), 22, 
 
 28 n. (c), 45* 
 
 15. Saving for investments made under order of Court, 3, 19, 20 n. ( p), 
 
 21 n. _(&), 28 n. (c), 45* 46* 
 
 16. Conversion of stock and transfer of value thereof to deposit account, . 
 
 3, 19, 20 n. (r), 26, 28 n. (c), 46* 
 
 17. Application of money placed in the hands of the Commissioners 
 
 for the Eeduction of the National Debt, 19, 46*. 47* 
 
 18. Pules for regulating proceedings, 1, 47*, 48* 
 
 19. General orders, 1, 49* 
 
 20. Accounts and audit, 5 n. (e), 49*, 50* 
 
 21. Transfer of-buildings, 5 n. (e), 50*, '51* 
 
 22. Pension to present Accountant-General, 5 n. (e), 51* 
 
 23. Existing officers of Accountant-General, 7, 51* 
 
 24. Transfer of securities to Paymaster-General, and alteration of 
 
 accounts at Bank of England, &c, 5, 51*, 52* 
 
 25. Provision as to certain slave compensation funds standing in the 
 
 name of the Accountant-General, 5, 52*, 53* 
 
 26. Eepeal of acts, 10 n. (m), 53*, 54* 
 
 SCHEDULE I. 
 1. Acts relating to slave compensation, 55* 
 
 SCHEDULE II. 
 
 Part I. Acts wholly repealed, 55*, 56* 
 
 II. Acts partially repealed, 10 n. (m), 57*, 58* 
 
CONTENTS. 
 
 APPENDIX II. 
 
 THE CHANCERY FUNDS RULES, 18.72 (Issued 21st December, 
 
 1872), 59-77. 
 
 The * indicates that the rule is printed m extenso on the page to which 
 it is affixed. 
 
 Rules. 
 
 1. Commencement of Act and of rules, 1, 5, 10, 19, 20, 25, 26 n. (t), 
 
 31 n. (g), 59M15n. {y), 117 n. {g) 
 
 2. Interpretation of terms, 2, 4, 7, 8 n. (b), 9, 11 n. («), 12 n. (6), 19, 
 
 24, 28 nn. (a), (6), 59*, 60*, 83 n. (6), 86 n. (6), 88 n. M 
 
 3. Abrogation of Consolidated Orders rr. 14, 15, 16, V. r. 5, Order in 
 
 Lunacy, 7 November, 1853, Nos. 49, 50, and 55, 60* 
 
 4. Construction of existing orders, 7 n. (/), 60* 
 
 5. Mode of intituling certain orders, and titles of accounts to be 
 
 stated. 2, 4, 13, 28 n. (c), 60*, 61*, 106 n. (/), 107 n. (I) 
 
 6. Exact amount of funds dealt with to be specified, 2, 4, 13, 28 n. (c), 
 
 61*, 106 n. (/), 107 n. (Z) 
 
 7. Mode of framing orders when schedules are used and when the 
 
 execution of documents is required, 2, 4, 13, 28 n. (c), 29, 61*, 
 62* 106 n. (/), 107 n. (Z) 
 
 8. Period of computation and. rate of interest to be defined, 2, 13, 
 
 28 n. (c), 62*, 107 n. (/) 
 
 9. Proceedings on payment and deposit of money and securities, 3, 4, 
 
 12, 15, 16, 62*. 86 n. (s), 87 n. (/) 
 
 10. Payment, deposit, or transfer in on request, 2, 4, 12, 14, 17, 18, 
 
 62*, 63* 
 
 11. Eequest to contain reference to record, 2, 4, 14, 63*, 89 n. (a), 90 n. 
 
 (/), 91 n. (i) 
 
 12. Lodgment of money at bank in urgent cases, 2, 14, 17, 63*, 95 nn. 
 
 13. When money paid in under 69th section of Land Clauses Act, the 
 
 disability to be stated, 2, 13, 16, 63*, 64*, 88 nn. (r), (*), 
 89 n. («) 
 
 14. Each sum of money paid in under Copyhold Acts to be placed to 
 
 a separate account, 2, 13, 16, 64*, 89 n. (x) 
 
 15. Proceedings on transfer of securities into court, 3, 4, 12, 15, 64*, 
 
 86 n. (a), 87 n. (/) 
 
 16. Receipt and certificate of payment, deposit, and transfer, 3, 4, 15, 
 
 16, 64*, 83 n. (c), 86 n. (s), 87 n. (/), 91 n. (Z), 92 n. (ra), 
 93 n. (u) 
 
 17. Funds in court not to be dealt with except in pursuance of an 
 
 order, 4, 24, 28, ib. n. (as), 33, 64*, 65* 
 
 18. Payment of money out of court, 4, 31, 32, 65* 
 
 19. Continuation of periodical payments, 33 n. (q), 65* 
 
 20. Renewal of unpaid cheques of Accountant-General, 32 n. (g\, 65* 
 
 21. Substitution of transfers for payments to official persons, 4, 32, 
 
 65*, 66*, 109 n. (w) 
 ' 22. Payment or transfers to representatives of deceased persons, 3, 66*, 
 
 106 n. (/), 107 n. (I) 
 23. Paymaster-General not to act on directions in orders without 
 request, 21, 24, 25, 28, 31, 66*, 96 n. (*), 109 n. (n) 
 
 4. Investment of money, 24, 66*, 67*, 87 n. (e), 100 n. (g). 
 
 5. Sale of securities, 4, 34, ib. n. {g), 67* 
 
X CONTENTS. 
 
 Rules. 
 
 26. Transfer of securities out of court, 4, 33, 34, 35, *&. n. (A), 67 , 
 
 68* 
 
 27. Application of interest accruing thereon, 27, 29, 68 
 
 28. Conversion of securities substituted for sale, 26, 68*, 69 , 86 n. (as), 
 
 104 nn. (r), (g), (as), 105 nn. (6), (c) 
 
 29. Certificates for dealing with securities, 26 ib. nn. (a), (6), 33 ib. n. 
 
 (oj), 69*. 103 n. (i) 
 
 30. Certificates of fund in court, 9, ib. n. (d), 69*, 84 nn. (A), 
 
 (*)> (*) 
 
 31. Certificates of purchases, &c.-, 8, 25, 27, 31, 34, 35, 70*, 83 n. (c), 
 
 101 n. (c), 102 n. (d), 103 n. (m), 109 n. (o), 113 nn. (p), (q), (r), 
 114 nn. (s), (*), (u) 
 
 32. Information as to transactions, 9, 70*, 84 n. (m) 
 
 33. Placing of money on deposit, 3, 19, 20, 25, 70*, 96 n. (r), 102 n. 
 
 34. Money not to he placed on deposit in certain cases, 3, 19, 20, 70*, 
 
 71*, 96 nn. (q), (s) 
 
 35. Time for placing money on deposit, 3, 19, 21, 71* 
 
 36. Exclusion of money paid in under 9 & 10 Vict. c. 20, or to the 
 
 Appeal Deposit Account, 3, 19, 71* 
 
 37. Limitation of amount to be placed on deposit, 3, 19, 20, 23, 25, 
 
 71* 
 
 38. Limitation of amount to be invested, 3, 19, 21, ib. n. (/), 23, ib. n. 
 
 (y), 25, 71*, 100 n. (r), 101 n. (x), 102 nn. (e), (/) 
 
 39. Withdrawal and investment of money on deposit, 3, 19, 23, 71*, 
 
 72* 
 
 40. Money paid in under 36 Geo. 3rd. c. 52, may be invested on 
 
 request, 3, 19, 22, 23; 72*, 97 nn. (so), (ss), (a), (b) 
 
 41. Investing or placing on deposit discontinued on request, 3, 19, 21, 
 
 26, 72* 97 n. (d), 98 n. (e), 102 n. (A) 
 
 42. Limit of amount on which interest is to be computed, 3, 19, 22, 
 
 73* 
 
 43. Time at which interest is to begin and cease, 3, 19, 22, 73* 
 
 44. Time at which interest is to be credited, 3, 19, 22, 23, 73* 
 
 45. Rule as to sums to be dealt with for execution of order for the 
 _ purpose of calculating interest, 3, 19, 22, 73* 
 
 46. Placing of interest on deposit, 3, 19, 23, 73* 
 
 47. Application of interest on money on deposit directed to be invested, 
 
 3, 19, 23, 73*, 74* 
 
 48. Limit of time for withdrawal from deposit, 3, 19, 23, 74* 98 n. 
 
 (/) 
 
 49. Transfer of surplus cash balance to National Debt Commissioners, 
 
 9, 74*. 
 
 50. Repayment by National Debt Commissioners of monev placed in 
 
 their hands, 10, 74* Jr. 
 
 51. Crediting of interest by National Debt Commissionars, 3, 74* 
 
 52. Conversion of Government securities into cash and placing same 
 
 on deposit, 3, 19, 20, ib. n, (r), 26, 74*, 75* 86 n. (z), 104 n. (s) 
 
 53. Ascertaining value of Government securities, 3, 20 n. (r), 26, 75* 
 
 54. List of undealt with funds to be made trienniallv. 4. 9 n. (d) 10 
 
 22, 38 n. (n), 75*. 76* ' W ' ' 
 
 55. Transfer of small balances to National Debt Commissioners 4 10 
 
 76* ' ' ' 
 
 56. Certain accounts excepted therefrom, 4, 10 n. (o), 76* 
 
 57. Statutory declarations may be used instead of affidavits, 4 10 
 
 88 n ?!' Ill M D " W ' 33> 34 n ' (e) ' "*' 85 n " (?) ' B1 n ' (d) ' 
 
CONTENTS. XI 
 
 Rules. 
 
 58. Solicitors' names to be on documents left at Paymaster- General's 
 
 office, 4, 10, 77* 
 
 59. Title of accounts not to exceed limited number of words (thirty- 
 
 six), 4, 10, 77* 
 
 60. Documents to be filed at the Report Ofiice, 11, 15, 16, 77* 
 
 APPENDIX III. 
 
 THE CHANCEET FUNDS ORDERS, 1872 (Issued 21st December, 
 
 1872), 78-80. 
 
 The * indicates that the order is printed in extenso on the page to which 
 it is affixed. 
 
 Orders. 
 
 1. Commencement of orders, 5, 78* 
 
 2. Interpretation of terms, 78*, 86 n. (6), 88 n. {q) 
 
 3. Abrogation of Consolidated Orders I. rr. 14, 15, 16,? V, r. 5, 
 
 79* 
 
 4. Notice of payment, transfer, or deposit on request, 2, 15, 79*, 
 
 92 n. (p), 93 n. (<) 
 
 5. Restriction on issuing certificates during vacations, 2, 7, 26 n. (6), 
 
 34, 79*, 103 n. (i) 
 
 6. Applications at chambers, 23, 27, 79*, 98 n. (g), 104 n. (o) 
 
 7. Petitions respecting money and securities in list of funds not dealt 
 
 ■with, 10 n. (ra), 38, 79* 
 
 8. Applications under Copyhold Acts to be made at chambers, 4, 38, 
 
 79*, 115 n. (x) 
 
 9. Clerks of Records and Writs not to receive certain articles and 
 
 securities, 4, 18, 80* 
 
 10. Marking proceedings in a cause with reference to record, 4, 11, 
 
 80* 83 n. (6), 93 n. (ss) 
 
 11. Solicitors' fees, 11,80* 
 
 APPENDIX IV. 
 
 THE CHANCERY FUNDS (LUNACY ORDERS), 1872 (Issued 
 23rd December, 1872), 81, 82. 
 
 The * indicates that the order is printed in extenso on the page to which 
 it is affixed. 
 
 Orders. 
 
 1. Commencement of orders, 81* 
 
 2. Interpretation of terms, 81* 
 
 3. Abrogation of orders in Lunacy of 7th November, 1853, Nos. 49, 
 
 50, and 51, 81* 
 
 4. Construction of existing orders, 81*, 82* 
 
 5. Mode of framing orders and certificates, 82* 
 
 6. Declarations of trust not,required in future, 82* 
 
xii CONTENTS. 
 
 APPENDIX V. 
 
 FORMS. 
 
 No. 
 
 1. Reference to the record, 11 n. (v), 60, 83 
 
 2. Request for certificate of dealing with money or securities m 
 
 court, 83 
 
 3. Certificate of dealing with money or securities in court, 83 
 
 4. Request for certificate of fund in court, 84 
 
 5. Certificate of fund in court, 84 
 
 6. Request for transcript of account, 84 
 
 7. Request for information, 84 
 
 8. Request for negative certificate, 85 
 ■9. Negative certificate, 85 
 
 10. Statutory declaration, 85 
 
 10a. Declarat to statutory declaration, 86 
 
 11. Order for payment of money into court, 86 
 
 12. Order for transfer into court, 86 
 
 13. Order for deposit in court, 87 
 
 13a. Order for deposit, in court of effects or of securities which cannot 
 he deposited in the same manner as Exchequer Bills, 87 
 
 14. Request for direction for payment in under Lands Clauses Conso- 
 
 lidation Act, 1845, 88 
 
 15. Request for direction for payment or transfer into court under 
 
 Legacy Duty Act, 89 
 
 16. Request for direction for payment into court under Copyhold 
 
 Acts, 89 
 
 17. Request for direction for payment into court without order, 89 
 17a. Request for transfer into court without order, 90 
 
 17b. Request for direction for deposit in court without order, 90 
 
 18. Paymaster-General's certificate of payment into court, 9 1 
 18a. Paymaster-General's certificate of transfer into court, 91 
 
 18b. Paymaster-General's certificate of deposit of securities in court, 
 92 
 
 19. Notice of payment, transfer or deposit into or in court on request, 
 
 92 . 
 
 20. Paymaster-General's certificate of deposit of effects, 93 
 
 21. Summons to deposit in court under the Court of Chancery 
 
 (Funds) Act, 1872 (35 & 36 Vict. c. 44), securities previously 
 deposited, 93 (a) 
 
 22. Application to lodge money in an urgent case, 95 
 
 22a. Order for injunction where money has been so lodged, 95 
 
 23. Paymaster-General's certificate of payment into court of money 
 
 which has been lodged in an urgent case, 95 
 
 24. Request not to place money on deposit, 96 
 
 25. Request to place money on deposit, 96 
 
 26. Withdrawal of request not to place money on deposit and request 
 
 to place same on deposit, 96 
 
 27. Request to place money on deposit in pursance of an order, 96 
 
 28. Request to place on deposit money or dividends brought in under 
 
 Trustee Relief Act, the investment thereof having been stated 
 to be unnecessary, 96 
 
 (a) For form of summons to deposit and transfer in and into Court securities 
 of various kinds and effects, see Addenda, post, pp. xiii. — xxiv. 
 
CONTENTS. xin 
 
 No. 
 
 29. Request to inveBt money paid in under Legacy Duty Act, 97 
 
 30. Bequest to withdraw from deposit money paid in under Legacy 
 
 Duty Act, 97 * 
 
 31. Bequest to discontinue placing on deposit dividends or interest, 
 
 97 
 31a. Bequest to discontinue placing interest on deposit, 98 
 
 32. Bequest to withdraw money from deposit in order to act on an 
 
 order, 98 
 
 33. Summons to place money on deposit, 98 
 
 34. S ummo ns to deal with interest of money on deposit, 98 
 
 35. Notice of motion for investment of fund, 99 
 
 36. Summons for investment of fund, 100 
 
 37. Order for investment of cash or money on deposit, 100 
 37a. Order for investment in Exchequer Bills, 101 
 
 38. Bequest for investment, 101 
 
 39. Bequest for certificate of investment, 101 
 
 40. Certificate of investment, 102 
 
 41. Bequest for investment of dividends amounting to £100 which 
 
 has been placed on deposit, 102 
 
 42. Bequest to place on deposit dividends not ordered to be invested, 
 
 102 
 
 43. Bequest for discontinuance of investment of dividends, 102 
 
 44. Begistrar's certificate for conversion of securities, 103 
 
 45. Bequest for Paymaster- General's certificate of amount arising by 
 
 conversion of securities, 103 
 
 46. Paymaster-General's certificate of conversion of securities, 103 
 
 47. Summons for conversion of securities, 104 ^ 
 
 47a. Order for conversion of securities and placing proceeds on deposit, 
 
 104 
 47b. Order for conversion of securities and application of proceeds, 
 
 104 
 
 48. Order for conversion, payment of duty, placing cash on deposit, 
 
 taxation of costs, and distribution of residue, including pay- 
 ment to an infant on attaining 21, and to an absent person 
 when he may claim the amount, 104 
 
 49. Order for payment out of court of cash, 106 
 
 49a. Order for payment out of court of money on deposit, 106 
 
 50. Order for transfer out of court, 106 
 
 50a. Order for sale of securities and payment of proceeds and dividends 
 and cash, 106 
 
 51. Order for delivery out of court, 107 
 
 52. Order for carrying over from one account to another, 107 
 
 52a. Order for carrying over share of fund, placing it on deposit, and 
 payment when applied for, 107 
 
 53. Begistrar's certificate for transfer or delivery out where divi- 
 
 dends have been invested, 108 
 
 54. Begistrar's certificate for sale where dividends have been invested, 
 
 108 
 
 55. Order for payment of Legacy or Succession duty where amount 
 
 inserted in order, 108 
 
 56. Order for payment of Legacy or Succession Duty where amount 
 
 directed to be assessed and verified, 108 
 
 57. Bequest for carriage over from one account to another, 109 
 
 58. Bequest for Paymaster-General's certificate of carrying over, 
 
 109 
 
 59. Paymaster-General's certificate of carrying over, 109 
 
 60. Bequisition from official person for transfer to his account, 109 
 
XIV CONTENTS. 
 
 No. 
 
 61. Notice to creditors that cheques may be received, 110 
 
 62. Request to pay money to attorney, 110 
 
 63. Certificate of Bfe of payee, 110 
 
 64. Affidavit of life of payee, 111 
 
 65. Statutory Declaration of life of payee, 111 
 
 65a. Request to pay money to attorney and certificate of grantor being 
 alive when he is abroad, 111 
 
 66. Registrar's certificate for sale of securities, 111 
 66a. Registrar's certificate for sale to raise costs, 1 12 
 
 67. Registrar's certificate on transfer out of securities, 112 
 
 68. Registrar's certificate on delivery out of securities, 112 
 68a. Registrar's certificate for delivery out of effects, 113 
 
 69. Request for Paymaster- General's certificate of sale of securi- 
 
 ties, 113 
 
 70. .Paymaster-General's certificate of sale of securities, 113 
 
 71. Request for Paymaster-General's certificate of transfer out, 113 
 
 72. Paymaster-General's certificate of transfer out, 114 
 
 73. Request for Paymaster-General's certificate of delivery out of 
 
 securities, 114 
 
 74. Paymaster-General's certificate of delivery out of securities, 114 
 
 75. Summons under Oopyhold Acts where the money was paid in 
 
 after 6th January, 1873, and haB been placed on deposit, 115 
 
 76. Summons under the Oopyhold Acts when the money was paid 
 
 in before 7th January, 1S73, 117 
 
 APPENDIX VI. 
 
 Balance Sheet oe the Pitnds in the Court of Chan- 
 cery on 1st October, 1872 118—121 
 
TABLE QF OEDEES. 
 
 — ♦ — 
 
 PAGE 
 
 Prelim. Ord. I. (3) 17 
 
 Ord. I. 4 36 
 
 3 36 
 
 7 37 
 
 8 36 
 
 9 36 
 
 11 21, 
 
 12 25 
 
 13 17,101 
 
 in. 2 ■ .92,95 
 
 a 95 
 
 IV. 11 " 
 
 XXUJ. 3 13,28 
 
 5 . . . ' 13 
 
 9 28,30 
 
 10 " 
 
 XXXIII. 1 " 
 
 XXXV. 1 38 
 
 XLI, 3 23 
 
 27 May, 1865, r. 12 32 
 
 25 Feb., 1868 29 
 
 7 Jan., 1870 18 
 
 10 Jan., 1870, r. 1 30 
 
 3 31 
 
 13 Jan., 1870, r. 2' 31 
 
 Beg. Kegul. 15 Mar. 1860, r. 40 37 
 
TABLE OF STATUTES. 
 
 12 Geo. I., c. 32 . . » 
 
 c. 33 
 30 Geo. III., c. 52, s. 32 
 32 Geo. HI., c. 42 . 
 
 36 Geo. III., c. 52 
 
 37 Geo. m., o. 135 . 
 39 Geo. III., c. 73 
 42 Geo. m., o. 99 . 
 45 Geo. HE., c. 28 
 52 Geo. III., c. liv. . 
 
 54 Geo. in., c. 14 
 
 55 Geo. m., o. 184 . 
 
 c. lxiv. 
 
 58 Geo. m., c. lxxx. 
 
 59 Geo. in., o. xxvii. . 
 
 3 Geo. IV. c. 69 
 36 Geo. IV., c. 52 . 
 3&4WU1. IV, c. 73 
 
 5 & 6 Will. IV., c. 8 . 
 
 c. 45 
 
 c. 62, s. 18 
 
 6 & 7 Will. IV. c. 5 . 
 
 o. 82 . 
 
 4 & 5 Vict., o. 18 
 
 o. 35 . 
 
 5 Vict. c. 5 
 
 6 & 7 Vict., c. 23 . 
 
 7 & 8 Vict., c. 18, s. 88 . 
 
 8 & 9 Vict., c. 18 . 
 
 c. 76 . 
 
 9 & 10 Vict., c. 20, s. 2 
 
 c. 81 
 
 10 & 11 Vict., c. 96 
 
 13 & 14 Vict., c. 97 . 
 
 PAGE 
 
 . 55 
 . 56 
 . 21 
 . 56 
 29, 57 
 29, 56 
 . 29 
 
 . 29 
 
 . 29 
 
 . 56 
 
 . 56 
 
 . 29 
 
 . 56 
 
 . 56 
 
 . 56 
 
 . 57 
 
 • 13 
 
 55, 57 
 
 . 85 
 
 55, 56 
 
 . 85 
 
 55,56 
 
 55, 56 
 
 55,56 
 
 19,37 
 
 . . 57 
 
 13, 19, 37 
 
 . . 17 
 
 13, 19 
 
 . . 30 
 
 13, 19 
 
 . . 56 
 
 13, 19, 20, 21, 57 
 
 . . 30 
 
 b 
 
 13, 
 
XV111 
 
 TABLE OF STATUTES. 
 
 PAGE 
 
 15 & 16 Vict., c. 51 13,19,37 
 
 o. 80 58 
 
 c. 87 58 
 
 16 & 17 Vict., c. 51 29, 30 
 
 21 & 
 
 24 & 
 
 25 & 
 28 & 
 30 & 
 
 32 & 
 
 33 & 
 
 34 & 
 
 35 & 
 
 c. 59, s. 16 
 c. 70 . 
 c. 98 
 22 Vict., c. 94 . 
 
 25 Vict., c. 92 
 
 26 Vict., c. 86 . 
 29 Vict., c. 104 . 
 31 Vict., c. 87 . 
 
 c. 124 . 
 
 33 Vict., c. 91 . 
 
 34 Vict., c. 61 
 
 c. 71 . 
 c. 78 
 c. 97 . 
 
 35 Vict., c. 58 
 
 36 Vict., c. 41 . 
 
 . 31 
 
 . . 81 
 
 10, 58 
 13, 19, 37 
 
 29, 30 
 . 81 
 
 29,30 
 . 58 
 . 30 
 . 58 
 . 14 
 68, 75, 86, 104 
 . 14 
 
 31,85 
 . 14 
 . 14 
 
TABLE OF CASES. 
 
 Applebee, Be (17 Jan. 1873, Beg. Lib. 1813, A. 238) . . .107 
 
 Bailey v. Tindall (18 Jur. 688, V.-C. K.) 30 
 
 Benyon v. Amphlett (8 Jur. N. S. 759, M. E.) . . . 31, 32 
 
 Clayton v. Gresham (10 Ves. 288) 36 
 
 Davenport v. Powell (14 Sim. 275) 15 
 
 v. Townsend(W.N.(1867),ll: 15 W.E. 378,V.-0. W.) 8 
 
 Fielden v. Hornby (W. N. (1870), 213, V.-C. S.) . . . 27, 28 
 
 Hay, Be (9 July, 1870, Beg. Lib. 1870, A. 1915, M. E.) . 27, 28 
 
 Ives, Be (3 De G. J. & Sm. 453 : 9 Jur. N. S. 611) . . 86, 90, 106 v 
 
 Jones v. Powell (6 Beav. 488) 15 
 
 Lechmere v. Brazier (1 Euss. 72) 31. 32 
 
 Povab. v. Walker (W. N. (1873), 59: 21 W. E. 472, Eeg. Lib. 
 
 1873, B. 568, M. E.) 87 
 
 Procter, Be (18 Mar. 1870, Eeg. Lib. 1870, B. 745, V.-O. S.) . 27, 28 
 
 Sogers v. Eogers (W. N. (1871), 11, 18 : 19 W. E. 317, 374, M. E.) 18 
 
 Stephens, Be (W. N. (1873), 69 : 21 W. E. 494, L.C. & L.JJ.) . xxi 
 
 Taylor v. Burton (23 Mar. 1872, Eeg. Lib. 1872, B. 1231), 30, 105, 108 
 
 Woodcock, Be (L. E. 13 Eq. 183, V.-C. W.) . • • . 24 
 
XXI 
 
 ADDENDA. 
 
 s/ 8 n. (y), last line For *' ix." read (9) 
 
 <S 13 n. (o), line 1 For " 8 & 9 " read " 9 & 10 " 
 
 • 13 n. (r), line 2 For " o. 14 " read "o. 23 " 
 / 24 n. (e), line 2 For " 1487 " read " 1437 " 
 
 t/ 26 n. (ft), last line but one For " 60 " read " 69 " 
 
 v 27 n. (i), Transfer "For the practice on summons, see 2 Dan. 'Ch. Fr. 1050 — 
 1070," to the second line of note (i) after "p. 79" 
 
 "" 28 n. (c) ) Add, " When the residue of a fund in Court, after deducting an amount 
 and > to be mentioned in a certificate of a 'Taxing Master or a Chief 
 
 V 61 n. (m) ) Clerk, is apportionable amongst a few persons, and it is desired to 
 
 avoid the expense of haying the apportionment certified, the ap- 
 portionment may, under the provisions of the latter part of Rule 6, 
 be effected by directing the fund to be divided into aliquot parts, 
 the total number of such aliquot parts being mentioned in the 
 order and ascertained by adding together the different amounts in 
 pounds (omitting the shillings and pence) due to each person, and 
 then directing that each person shall be paid a number of aliquot 
 parts equal to the number of pounds which are due to him. " 
 
 * 28 n. (c) ) Add, " When an order directs the payment out of Court of, or deal* 
 , and > ing with, interest to be computed on a specified amount of money, 
 
 V 62 n. (o) ) the interest, if it cannot be stated in the order, must be certified 
 
 by a Chief Clerk or Taxing Master (a) ; but when such interest is to 
 be paid into Court, the amount may be verified by affidavit or by 
 statutory declaration, provided the order directing the payment 
 in defines the rate per cent., the days or times from and up to 
 which it is to be computed, and whether or not income tax -is to 
 be deducted as specified in Rule 8. " 
 
 S 44 n. (m) line 3 For " 66 " read " 64 " 
 
 V 50 n. (p) last line For "Appendix VII." read "Appendix VI., pp. 118—121 " 
 
 ' Add, " It has been held that the transfer should be expressed in the 
 deed to be made to the account of the Paymaster-General for the 
 ( S ) *™ e being on behalf °f *& e Court of Chancery, but the Court 
 *'_ vi n ' yl. ( gave no opinion as to the form in which the entry should be made 
 •10b n. (}) i im the books of tne oompM1 y . Bee £ e Stephens, W. N. {1873), 69 ; 
 
 ^ 21 W. R. 494, L. C. & L.JJ." 
 
 v 87 n. (/) Povah v. Walker is reported W. N. (1873) 59 .; 21 W. R. 472 ; and 
 the order will be found in Reg. lib. 1873, B. 568 
 
 •^86 n. (a) 
 
 r^S)!" '(f) ( line2 After "order "insert "or in a schedule thereto." 
 V 93 n. (t) For " Act " read " Ord." 
 
 (a) See the observations of the Aoconntant-General Rep. Chan. Funds Com. 
 (1864), App. Ix., on "Affidavits of Calculation." 
 
XX11 
 
 ADDENDA AND CORRIGENDA. 
 
 Pag« 95. 
 
 No. 21a. 
 
 Summons to de- 
 posit and trans- 
 fer in and into 
 Court securi- 
 ties of various 
 kinds and also 
 effects. 
 
 Insert the following : 
 
 Formal parts : see ante, No. 21, pp. 93-95. 
 on the part of [see ante, p. 94 n. (a)] that [name the parties against whom the 
 order is sought] or the survivors or survivor of them, may be ordered to deposit 
 
 in Court, on or before the day of , 187 — , to the credit of this cause 
 
 [short title of the cause and reference to the record, as thus; A. v. B. 1873, 
 A. 100 (a), and separate account (if amy) to the credit of which the securities 
 are to be deposited'] the several securities specified in Part I. of the Schedule 
 hereto, for the several sums therein mentioned, amounting together to the sum 
 
 of £ ; and to deposit in Court, within the time aforesaid, to the like 
 
 credit the several securities specified in Part II. of the Schedule hereto, for 
 
 the several sums therein mentioned, amounting to the sum of £ , and 
 
 within the .time aforesaid, to execute and procure to be registered proper 
 transfers of such securities to the account of the Paymaster-General for the 
 time being on behalf of the Court of Chancery ; and to transfer into Court, within 
 the time aforesaid, to the like credit, the securities specified in Part III. of the 
 Schedule hereto, for the several sums therein mentioned, amounting together to 
 
 the sum of £ , and that any principal money to be received in respect of any 
 
 of such securities so to be deposited in or transferred into Court as aforesaid, 
 may be ordered to be placed to the like credit, and be invested in con- 
 solidated £3 per cent, annuities [or as the case may be], and that the 
 dividends as they accrue on such securities, so to be deposited and trans- 
 ferred, and on any consolidated £3 per cent, annuities [or as may be], that 
 may be so purchased as aforesaid, and all accumulations thereon may be 
 invested in like annuities [or as may be], and that the said [name the parties 
 against whom the order is sought] or the survivors or survivor of them, may 
 be ordered to deposit, within the time aforesaid, and in the presence of the 
 solicitors for the plaintiff and the defendant B. [or as may be], in a box to be 
 endorsed " In Chancery [short title of the cause and reference to the record, as 
 thus ; A. v. B. 1873, A. 100 (a), and separate account, if any,] Securities and 
 Effects," the certificates and other documents of title to the securities specified in 
 Part IV. of the Schedule hereto, for the several sums therein mentioned, amounting 
 
 together te the sum of £ , and also the effects specified in Part V. of the 
 
 Schedule hereto ; and that the said [name the parties against whom the order is 
 sought] or the survivors or survivor of them, may be ordered to deposit such box in 
 Court, within the time aforesaid, to the credit of this cause [short title of cause 
 and reference to record, as thus: A. v. B. 1873, A 100, (a) and separate account 
 if any]. [If required (6) add] And that such box may be ordered to be delivered 
 
 out within fifteen days after the day of ,' 187 — , and the day 
 
 of , 187— [or as may be], and after the same days in every succeeding 
 
 year, to [name some person who it is proposed shall receive the dividends], for the 
 purpose of receiving the dividends, then due or to become due, on such securities ■ 
 and that the said [the person to receime the dividends] maybe ordered on or before 
 
 the day of , 187—, and the day of , 187—, and the same days in 
 
 each succeeding year, to re-deposit such securities in the said box in the presence of 
 the solicitors for the plaintiff and the defendant B. [or as may be] ; and to re-deposit 
 such box in Court to the same credit, and that the said [the person to receive the 
 
 dividends] may be ordered to receive such dividends, and on or before the day 
 
 of -7-, 187— and the day of , 187— [or as may be], and the same 
 
 days in each succeeding year, to pay such dividends into Court to the like credit 
 and that such dividends, and all accumulations thereon, may be invested in 
 consolidated £3 per Cent. Annuities.] 
 
 (a) See ante, pp. 11, n. (»), 60, 83, No. 1. 
 
 (6) It is only in very exceptional cases that securities on which dividends are 
 payable, will have to be thus deposited ; but, in such case, directions of the follow! 
 ing or a similar character will be needed. " 
 
ADDENDA AND CORRIGENDA. 
 
 SCHEDULE. 
 PART I. 
 
 SECURITIES PASSING BY DELIVERY AND WHICH MAY BE 
 DEPOSITED LIKE EXCHEQUER BILLS. 
 
 XX1U 
 
 Number and Description of 
 each of the Securities. 
 
 Date. 
 
 Numbers. 
 
 Amount. 
 
 Coupons. 
 
 
 
 
 
 In this column 
 should be stated the 
 days on which the 
 dividends are pay- 
 able, and the day 
 of the payment of 
 the last coupon, as 
 thus : For divi- 
 dends payable half - 
 yearly on the day 
 of , and the 
 day of , from 
 the day of , 
 187 , to the 
 day of , 18 . 
 
 PAET II. 
 
 SECURITIES PASSING BY REGISTERED DEED. 
 
 Number and Description of 
 each of the Securities. 
 
 Date. 
 
 Numbers. 
 
 Amount. 
 
 Coupons (if any). 
 
 
 
 
 
 See above 
 Parti. 
 
 PART III. 
 
 SECURITIES TRANSFERABLE IN BOOKS. 
 
 Description of the Securities. 
 
 Amounts. 
 
 
 
XXIV 
 
 ADDENDA AND CORRIGENDA. 
 
 PART IV. 
 
 SECURITIES WHICH DO NOT PALL WITHIN THE PRECEDING 
 
 CLASSES. 
 
 Number and Description o£ 
 each of the Securities. 
 
 Date. 
 
 Numbers, 
 
 Amount. 
 
 Coupons (if any).. 
 
 ■ 
 
 
 
 
 As in Part I. 
 
 PART V. 
 
 DESCRIPTION OP THE EFFECTS TO BE DEPOSITED. 
 
THE 
 
 PBACTICE 
 
 OS 
 
 Eft* Htgft Court of Cfmttcttg* 
 
 TODER 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 CHAPTER I. 
 
 INTRODUCTION. 
 
 It is proposed in the following pages to explain the practice of Object of work, 
 the Court of Chancery, relative to the mode of bringing into and 
 taking out of Court funds and effects of the suitors, and dealing 
 therewith when in Court, as modified by " The Court of Chancery 
 (Funds) Act, 1872" (a), and the rules and orders made in pur- Tlie Conrt o{ 
 suance of that Act (5), showing the changes in the practice which Chancery 
 have been introduced. These changes do n ot, however, affec liJip. ^f^nd^i l 
 practice of the Court, as to the circumstances under which, it will a nd Orders there- 
 compel funds or effects to be brought into, or direct them to be under> 
 paid or transferred out, nf finnrt. fpY 
 
 The Act and Rules and Orders came into operation on the 7th 
 of January, 1873 (d). 
 
 The following is a summary of the principal provisions and Summary of pro- 
 alterations which have been introduced, such of them as are based Ruie^and^ *' 
 
 Orders. 
 
 (a) 35 & 36 Vic. c. 44, s. 1. For the see Appendix III.; post, pp. 78—80. 
 Act, see Appendix I. ; post, pp. 39 — 58. (c) For the practice in these Cases, 
 
 (6) See the Court of Chancery (Funds) see 2 Dan. Ch. Pr. 1619—1628,1646 
 
 Act, 1872 (35 & 36 Vic. c. 44), ss. 18, —1657, 1670—1672. 
 19 ; Chan. Funds Rules, 1872, Chan. (d) The Court of Chancery (Funds) 
 
 Funds Ord. 1872. , Forrules, see Appen- Act, 1872 (35 & 36 Vic. c. 44), s. 2 ; 
 
 dix II. ;post, pp. 59 — 77; and for orders, Chan. Funds Rules, 1872, No. 1. 
 
INTRODUCTION. 
 
 Ch. I. on the Eeporfc («) of the Chancery Funds Commissioners, made in 
 the year 1864, being distinguished by an asterisk. 
 
 1. The office of the Accountant-General of the Court of Chancery 
 is abolished, and her Majesty's Paymaster-General is substituted ' 
 for him (/). The Paymaster-General's office for Chancery busi- 
 ness is termed the " Chancery Pay Office," and his account at the 
 Bank of England on behalf of the Court of Chancery, the " Chan- 
 cery Pay Office Account" (g). 
 
 2. The Consolidated Fund is rendered liable to make good to 
 the suitors of the Court of Chancery all money and securities in 
 Court (h). 
 
 3*. Provisions are introduced regulating the mode in which 
 orders dealing with funds in Court are to be intituled (i), the 
 mode in which the amount dealt with, and the source whence it 
 arises, is to be expressed (k), and the order framed (I), and how the 
 period of computation and rate of interest payable under an order 
 is to be denned (m). 
 
 4*. Money and securities may be paid or transferred into, or ' 
 deposited in, Court, on a written request (ri) without an order. 
 
 5*. The various operations in the Chancery Pay- Office will, it is 
 assumed, be performed during vacations in the other Chancery 
 offices ; but the special direction of the Judge is required for the 
 issuing by the Eegistrars, of a certificate for the sale, transfer or 
 delivery out of securities during any vacation in their office (o). 
 
 6. In urgent cases money may, without delay, be lodged at the 
 Bank of England, with a view to subsequent transfer to the 
 Chancery Pay Office Account (p). 
 
 7*. Each sum of money paid in under the Lands' Clauses Con- 
 solidation Act, 1845, or the Copyhold Acts, is placed to a separate 
 account, instead of being carried to a general account, and by 
 this means an erroneous application of any particular sum is 
 prevented (q). 
 
 8*. A suitor paying or depositing money or securities into or in 
 
 (e) For this Report, see 10 Jur. N. (m) Chan. Funds Tiiilpo 1S79 
 
 S. Pt. II. pp. 127-130; Solicitor's No. 8. RuleS ' 1872 ' 
 
 Journal for 1864, p. 409. (n) Chan. Funds Rules 1872 Nos 
 
 (/) The Court of Chancery. (Funds) 10, 11; Chan. Funds Ord 1872 
 
 Act 1872 (35 & 36 Vic. c. 44), s. 4. No. 4 ; post, pp. 12, 14 For former 
 
 ? Chan- Fond. Rules, 1872, No. 2. practice/see 2 Ban Ch Pr 163?- 
 
 [h) The Court of Chancery (Funds) 1639. ' 
 
 Act, 1872 (35 & 36 Vic. c. 44), s. 5. ( j Chan. Funds Ord. 1872 No 5 
 
 W Chan. Funds Rules, 1872, No. ■(,) Chan. Funds rXs, 1872, No.l i 
 
 „> ™ „ See Bosi, pp. 16 17 
 
 g (i) Chan. Funds Rules, 1872, No. ( 2 ) Chan. Funds Rules, 1872, Nos. 
 
 ' (I) Chan. Funds Rules, 1872, No. 7. £,*£ £&£ <j£ fc . ^ S! 
 
INTRODUCTION. 
 
 Court, retains the receipt given to him at the Bank, the filing Ch. I. 
 thereof being dispensed with (r) ; this removes the complaint 
 hitherto frequently made by the suitors, that they were temporarily 
 deprived of the receipt given them, on making a payment or 
 deposit. 
 
 9*. A deposit account for the suitors' moneys, carrying interest 
 at the rate of £2 per cent, per annum, without deduction on 
 account of income tax, has been established ; the interest will 
 accrue monthly, and be accumulated by being half-yearly placed 
 on deposit (s). 
 
 10*. The range of securities capable of being deposited in 
 Court in the same manner as Exchequer bills has been extended, 
 and in future such securities will not be required to be placed in 
 in a box, and the box deposited at the Bank (t). 
 
 11*. Dividends, as well as principal payable in respect of 
 securities in Court, will be received by one of the cashiers 
 of the Bank (w), and, in the case of securities transferable 
 by delivery, without requiring as hitherto that the box containing 
 them should be delivered out for the purpose of enabling the divi- 
 dends or principal to be received, thus avoiding the expense of the 
 delivery out and re-deposit of the box (x). 
 
 12. Money ordered to be paid to persons entitled in their own 
 right, may be paid to their personal representatives, where such 
 persons die before the receipt {y) ; this will save considerable 
 expense and delay (2). 
 
 13. Stock may be converted into cash more expeditiously and 
 at a less expense (the charge for brokerage being saved) than 
 would be incurred by selling in the open market (a) ; the cash 
 may be placed on deposit, and thus while the dealing with the 
 fund is facilitated, the suitor does not lose all the interest (b). 
 
 14. Small payments are made in cash in an office adjoining 
 
 (r) Chan. Funds Eules, 1872, Nos. former practice on depositing securities, 
 
 9 15 16. For former practice, see see 2 Dan. Ch. Pr. 1639. For present 
 
 2 Dan. Ch. Pr. 1636—1639. practice, see post, pp. 12— 16. 
 
 (s) The Court of Chancery (Funds) (») The Court of Chancery (Funds) 
 
 Act, 1872 (35 & 36 Vic. c. 44), ss. 14- Act, 1872 (35 ft 36 Vic. c. 44), s. .10. 
 16 ; Chan. Funds Rules, 1872, Nos. (x) For former practice, see 2 Dan. Ch. 
 
 33 4g 52 • S ee post, pp. 19 — 23. Pr. 1639. 
 
 («) As a list of the securities which (y) Chan. Funds Rules, 1872, No.22 ; 
 
 maybe brought into Court cannot at see post, p. 35. 
 present be furnished, it will be prudent (2) For former practice, see 2 Dan. 
 
 to make inquiry on the subject at the Ch. Pr. 1664, 1665. 
 Chancery Pay Office previously to an (a) The Court of Chancery (Funds) 
 
 Ration being made for an order or Act, 1872 (86 ft 36 Vic c. 44) s. 16 
 
 preparing a request, for the deposit; Chan. Funds Rules, 1872, Nos. 51-53 ; 
 
 and see vast v 14. n. (e). For former see post, pp. 25,26. 
 prac?^^ the case of Exchequer bills, (6) Chan. Funds Rules, 1872, No. 
 
 see 2 Dan. Ch. Pr. 1638, 1639. For 52. 
 
 b 2 
 
INTRODUCTION. 
 
 Ch. L^ the Chancery Pay Office, instead of its being necessary that every 
 payment should be made at the Bank of England (b). 
 
 15*. Money payable to official persons keeping an account at 
 the Bank of England is written off the Chancery Account, and 
 placed to the account at the Bank of such persons (e), extending the 
 practice hitherto confined to the Inland Revenue Department (d). 
 
 16*. The sale, transfer, or delivery out, of securities in Court is 
 facilitated and expedited, by directing the necessary transfer or 
 delivery to be made by the proper officer of the Bank of England, 
 or of the Company, in whose books the securities are standing (e). 
 
 17*. A list of the suitors' stock and cash accounts not dealt 
 with during the preceding fifteen years, is to be published 
 triennially (commencing with the 1st October, 1873), instead of 
 quihquennially (/). 
 
 18*. Money and securities standing on any accounts which 
 have not been dealt with during the preceding year, are annually, 
 whenever the amount of stock and cash together do not amount 
 to £5 (ff), to be transferred to the Commissioners for the Reduc- 
 tion of the National Debt, but without prejudice to the right of 
 the suitor to obtain payment or transfer of the same (A). 
 
 19. A form is prescribed for the reference to the record (i), and 
 the marking of it on the proceedings in a cause is enforced by 
 more stringent provisions (k). 
 
 20*. Provisions are made for securing the insertion in the books 
 at the Chancery Pay Office of the correct reference to the record, 
 in addition to the title of each cause ; this will prevent funds which 
 have come into Court in distinct causes with the same title, being 
 placed to the same account in the books at the Chancery Pay 
 Office (J). 
 
 21*. Statutory declarations may be received, instead of affidavits, 
 at the Chancery Pay Office (m). 
 
 22. On each document left at the Chancery Pay Office the name 
 and address of a solicitor must be written (n). 
 
 » ( . 6) ;So ?o!F£. L C ,^ n0ery (Funds) P° st > P- 10 - These provisions do not 
 
 Act, 1872 (35 & 36 Vic. c. 44), s. 8 ; apply where a cheque has been signed 
 
 see post p. 32 but, not delivered out; see Chan, 
 
 (c) Chan. Funds Rules, 1872, No. 21; Funds Rules, 1872, No 56 
 
 Jd) See Ord 10 Jan. 1870 (LIL 5 Oh. post, p. 11. As to reference to record 
 
 xhv £v), 2 Dan Ch. Pr. 1659,1660. see Dan. Ch. Forms, No. 1, ib. n. (a). 
 
 («) Chan. Funds Rules, 1872, Nos. (h) Chan. Funds Ord. 1872, No. 10. 
 
 25 26 j .post , pp 34 35. (J) See Chan. Funds Rules,1872, Nos. 
 
 (/) Chan Funds Rules, 1872,No.54; 2, 5-7, 9-11, 15-18; Chan. Funds 
 
 see post, p. 10. Ord. No. 10. 
 
 fo) £5 is the smallest sum which (m) Chan. Funds Rules, 1872,No. 57; 
 
 will bear the expense of obtaining an post p 10 
 
 order for payment out. (n) ch^ Fun(Js M lm ^ „ 
 
 (A) Chan. FuudsRules, 1872, No. 55; post, p. 10 >•,»».*>,, 
 
INTRODUCTION'. 
 
 23. The title of any account is not to exceed thirty-six words (0) Ch- T - 
 
 exclusiye of the reference in the record (p). 
 
 24. Applications under the Copyhold Acts (q) are to be made by 
 summons at Chambers (r). 
 
 25. Effects of suitors, consisting of plate or jewels, or articles 
 of a like nature, or negotiable securities, are not to be deposited 
 at the Record and "Writ Clerks' Office (s). 
 
 (0) Half a folio. Acts, see 2 Dan. Ch. Pr. 1928— i930. 
 
 (p) Chan. Funds Utiles, 1872, No.59; (r) Chan. Funds Ord. 1872, No. 8 ; 
 
 past, p. 10. This rule does not apply post, pp. 37, 38. 
 to any account ordered to he raised (s) Chan. Funds Ord. 1872, No. 9 ; 
 
 before the 7th Jan. 1873; Chan. Funds post, p. 18. As to the deposit of 
 
 Kules, 1872, No. 59. » such effects, see post, p. 16. 
 
 (?) For former practice under the 
 
( 6 ) 
 
 CHAPTER II. 
 
 THE PAYMASTER-GENERAL AND THE CHANCERY PAT OFFICE. 
 
 The Court of 
 Chancery 
 (Funds) Act, 
 1872, ss. 4, 6, 
 24, 25. 
 Office of Ac- 
 countant-General 
 abolished from 
 6th of January, 
 1873. 
 
 Paymaster- 
 General to per- 
 form duties of 
 Accountant. 
 General. 
 
 The office oftheAccountant-General of the Court of Chancery (a) 
 is abolished from the 6th of January, 1873 (&) and Her Majesty's ; 
 Paymaster-General for the time being, who may act by deputy, is 
 to perform all the duties and exercise all the powers and authori- 
 ties which were performed or exercised by the Accountant- 
 General^), and all securities and money (except certain slaye- 
 compensation funds which are transferred to the Commissioners 
 for the Reduction of the National Debt (d) ), then rested in the 
 Accountant-General, and books and property appertaining to the 
 office of the Accountant-General, are Tested in the Paymaster- • 
 General (e); and where any money or securities would be capable 
 of being paid, transferred, or deposited, to or to the account of the . 
 Accountant-General of the Court of Chancery, or of the Account- * 
 ant-General of the Court of Exchequer, or to or into the Court of 
 Chancery, the same are to be paid, transferred, or deposited to the 
 account of the Paymaster-General for the time being on behalf 
 of the Court of Chancery,' and be subject to the like provisions as 
 if he were the Accountant-General of the Court of Chancery or 
 the Court of Exchequer, as the case may be; and all orders of the 
 Court of Chancery relating thereto are to hare the same effect as 
 the like orders of the Courts of Chancery or of Exchequer would 
 
 (a) As to this officer, see 2 Dan. Ch. 
 Pr. 1619, ibid. n. (a). Rep. Chan. 
 Funds Com. (1864), passim. 
 
 (J) The day previous to the com- 
 mencement of the Act (35 & 36 Vic. 
 c. 44), a. 4 ; Chan. Funds Rules, 1872, 
 No. 1; Chan. Funds Orders, 1872, 
 No. 1. 
 
 (c) 35 & 36 Vic. c. 44, s. 4. As to 
 the framing of future general orders 
 and orders of the Court, and of instru- 
 ments and proceedings relative to the 
 Chancery business transacted by the 
 Paymaster-General, see s. 7 ; as to the 
 liability of the Consolidated Fund for 
 the defaults of the Paymaster-General, 
 see s. 5 ; as to vesting of property in 
 the Paymaster-General for the time 
 being, see s. 9 ; as to the transfer of 
 
 securities and receipts of dividends to 
 orbythePaymaster-General,see s.10; as 
 to the Paymaster-General's cheques, see 
 s. 11; as to forgery of the signature of 
 the Paymaster-General or his deputy,see 
 s. 12 ; as to accounts to be kept in 
 pursuance of the Act, and audit thereof, 
 see s. 20 ; as to the pension of the late 
 Accountant-General, see s. 22. 
 
 (d) 35 & 36 Vic. c. 44, ». 25. 
 
 (e) 35 & 35 Vic. c. 44, s. 24. All 
 buildings vested in the, Accountant- 
 General for any offices of the Court of 
 Chancery, and all land and buildings 
 purchased as additions to the offices of 
 the Accountant-General or the Regis- 
 trars are vested in the Commissioners 
 of Her Majesty's Works and Public 
 Buildings, sees. 21. 
 
THE PAYMASTER-GENERAL. 
 
 have had and all Acts of Parliament, rules and orders made in 
 pursuance of any Act of Parliament, general rules and orders, and 
 orders of the Court of Chancery, and all instruments and proceed- 
 ings of every description referring to the Accountant-General of 
 the Court of Chancery or of the Court of Exchequer are, subject 
 to the provisions of the Act and of any rule made thereunder, to 
 be construed and put in execution as if the Paymaster-General 
 for the time being were named or referred to therein in place of 
 such Accountant-General (/). 
 
 The Treasury is to cause the Paymaster-General to keep in the 
 neighbourhood of the place where the Court of Chancery usually 
 sits, an office which is to be termed the Chancery Pay Office (g), 
 for the transaction of Chancery business, and for making small 
 payments in cash, and to provide the clerks and offices necessary 
 for such purposes (A). The clerks and officers in the office of the 
 Acconntant-General are transferred to the Chancery Pay Office 
 to hold their offices on the like terms and conditions as they 
 previously held them, but subject to the directions of the Treasury 
 they are under the control of the Paymaster-General, and are to 
 perform such duties in relation to any business in the Paymaster- 
 General's Office as the Treasury may direct (i). The building 
 which was formerly the office of the Accountant-General of the 
 Court of Chancery has been appropriated as the Chancery Pay 
 Office (fc). 
 
 The Paymaster-General's Office at Whitehall remaining open 
 through the year, it is assumed that the Chancery Pay Office will 
 remain open during vacations in the offices of the Court (1), and 
 that money or securities may be paid, transferred, or deposited 
 into or in Court, and money paid out of Court, and, with the 
 express direction of the Judge (m), securities sold, transferred or 
 delivered out of Court during vacations. 
 
 The operations which are performed through the medium of 
 the Chancery Pay Office, and recorded in the books of that office, 
 consist of (1) Paying money into Court (n) ; (2) Transferring 
 into and depositing in Court securities and other effects of 
 
 Ch. II. 
 
 The Court of 
 Chancery 
 (Funds) Act, 
 1872, ss. 8, 23. 
 Office of Ac- 
 countant-General 
 to be office of 
 Paymaster- Ge- 
 neral for Chan- 
 cery business. 
 
 Clerks and offi- 
 cers continued. 
 
 Operations per- 
 formed in Pay- 
 master-General's 
 Office. 
 
 (/) 35 & 36 Vic. ch. 44, s. 6 ; and 
 as to the construction of orders made 
 before the commencement of the Chan- 
 cery Funds Rules, 1872, and contain- 
 ing directions not then carried into 
 effect, see Chancery Funds Rules, 1872, 
 No. 4, post, p. 60. 
 
 (g) Chan. Funds Rules, 1872, No. 2. 
 
 (h) 35 & 36 Yic. c. 44, b. 8. 
 
 (J) 35 & 36 Vic. c. 44, s. 23. 
 
 (Jc) In an adjoining building under 
 
 the same roof are located the clerks 
 for making small payments, and the 
 Chancery Department of the Audit 
 Office, where the suitors' cheques are 
 examined instead of at the Bank of 
 
 (I) The office hours in the Chancery 
 Pay Office are from 10 to 4, but cheques 
 are delivered out only between 11 and 3. 
 
 (m) §eeChan.FundsOrd.l872,No.5. 
 
 («) See post, pp. 12 — 17. 
 
THE PAYMASTER GENEKAL 
 
 Mode of pro- 
 curing the ope- 
 ration to be per- 
 formed. 
 
 Ch. II. suitors (o) ; (3) Placing money on deposit and withdrawing it 
 therefrom (p) ; (4) Investing money in securities (q) ; (5) Eealiz- 
 ing securities (r) ; (6) Paying principal money out of Court (s) ; 
 (7) Paying out interest-money and dividends on securities in 
 Court (I) ; (8) Selling securities and effects brought into Court (w) ; 
 and (9) Transferring and delivering securities and effects out 
 of Court (as). 
 
 In order to procure the .performance of any of these opera- 
 tions, the person interested or his solicitor must leave at the 
 Paymaster - General's Office the documents authorizing the 
 operation, and bespeak its performance. The operation will 
 then be performed, or the necessary direction or cheque issued 
 and given to the applicant. The documents so left are retained 
 until the particular purpose for which they were left is answered, 
 after which time (except in the case of such written requests, as 
 are required to be left before the operation will be-proceeded with) 
 they are on application returned to the person who left them(y). 
 When an operation is performed in pursuance of an order (s), that 
 part only of it to which the attention of the Paymaster- General 
 has been called will be acted upon, although it may have been 
 necessary to consider the whole scope of the order (a). 
 
 The Paymaster-General may, in his discretion, upon a written 
 request on behalf of any person claiming to be interested, issue a 
 certificate of any purchase, sale, transfer, delivery out, carrying 
 over, or other dealing in the books at the Chancery Pay Office 
 with any money, securities, or effects (b). 
 
 Part of order to 
 which attention 
 drawn only acted 
 upon. 
 
 Chancery Funds 
 Ktdes, 1872, No. 
 31. 
 
 Certificates of 
 dealings with 
 moneys or 
 securities. 
 
 (0) See post, p. 12—16. 
 
 (p) See post, p. 19—23, 26. 
 
 (q) See post, p. 23—25. 
 
 (r) See post, p. 25, 27. 
 
 (*) See post, p. 31, 32. 
 
 ( t) See post, p. 32, 33. 
 
 (u) See post, p. 33, 34. 
 
 (x) See post, p. 34, 35. 
 
 (y) The following are the fees collected 
 in the Chancery Pay Office, and are pay- 
 able by Chancery Fee Fund Stamps : 
 For preparing power of attorney, with 
 affidavit, exclusive of stamp duty, 3*.; 
 for every application for a search, 5s. ; 
 and in the case of transcripts of accounts 
 2s. for each opening consisting of debtor 
 and creditor sides of the account. 
 Regul. to Ord., Sched. 4; Dan. Ch. 
 Forms, No. l55i,'Si t 
 
 ' ' The Paymaster-General, after he 
 has acted on the original order, will not 
 act upon a Report Office copy thereof 
 (see 1 Dan. Ch. Pr. 879), unless an affi- 
 davit is produced to h"t that the 
 original order is lost and cannot be 
 
 , Eegu 
 HI Form 
 "J ® 
 
 found, nor will he act upon the draft 
 of an order except under very special 
 circumstances; and where an order, or 
 an office copy has been acted upon for a 
 payment, transfer, or delivery out, the 
 same order or office copy must ,be pro- 
 duced on each subsequent transaction, 
 scans, as to a payment or transfer into, or 
 deposit in, Court. See Davenport v. 
 Townsend, W. N. (1867) 11 ; 15 W. E. 
 378, V. C. W. 
 
 (a) Thus, in preparing a direction for 
 the payment in of money, official notice 
 will not be taken of a direction' that the 
 money when so paid in is not to be 
 dealt with without notice, but the order 
 or an office copy of it must be left with 
 the expressed and avowed intention of 
 having it registered as a stop order : see 
 2 Dan. Ch. Pr., pp. 1176, 1545. 
 
 (6) Chan. Funds Bules, 1872, No. 81. 
 *The words used in the mle are money 
 or securities, but by the interpretation 
 clause (Rule 2) and the Chancery (Funds) '• 
 Act, 1872 (35 & 36 Vic. c. 44), B . 8, * 
 
AND THE CHANCERY PAY OFFICE. 9 
 
 The Paymaster-General may, in his discretion, upon a request Ch. II. 
 in writing on behalf of any person claiming to be interested in Chanoe] r p nn a s ' 
 money, securities, or effects (c) standing to the credit of a cause or Rules, 1872, 
 matter, grant for the information of a Judge or officer of the ®°- 30. 
 Court, a certificate of the amount and description of such money, funds in Court, 
 securities, or effects, which certificate will hare reference to 
 the morning of the day of the date thereof, and not include the 
 transactions of that day, and he may also in his discretion, upon 
 a like request, grant a transcript of the account in any cause or 
 matter in the books at the Chancery Pay Office (d). 
 
 The Paymaster-General may, in his discretion, upon a written Chancery Funds 
 request, supply such information with respect to any transactions ^f^'o 1872, 
 in his office as may from time to time be required in any particular information as 
 
 case (e)- *° transactions. 
 
 Negative certificates will be granted to prove that amounts of Negative cer- 
 money, securities, or effects which have been directed to be brought tifioates - 
 into Court have not been duly brought in. To obtain such a cer- 
 tificate, such documents as would be required on bespeaking a 
 direction for the bringing in of the money, securities, or effects (/*) 
 must be left at the Chancery Pay Office ; and if it appears that 
 the time limited for doing the act has expired without its being 
 done, the certificate will be issued (g). If no time is limited a . 
 certificate will not be granted. 
 
 The account of the Paymaster-General on behalf of the Court Bank of England 
 of Chancery, which is to be termed the Chancery Pay Office Paymaster- 
 Account (h), is kept at the Bank of England («*) ; and when the banker. 
 cash balance on the Chancery Pay Office Account exceeds what is chancery Funds 
 required for current payments, the excess will be transferred to the ^ ules - 1872 » 
 account of the Commissioners for the Eeduction of the National ' ' 
 Debt (&), and when such cash balance is below what is required for 
 
 the word "securities" includes "effects."' funds in Court and transcripts, see 
 
 For forms of request and certificate, 2 Dan. Ch. Fr. 1635, 1636. For forms 
 
 see Appendix V. Nos. 2, 3. of request and certificate, see post, 
 
 (c) See write, p. 8, n. (i). Appendix V., Nos. 4—6. 
 
 (d) Chan. FundsRules, 1872, No. 30. (e) Chan. Funds'Rules, 1872,No. 32. 
 On the certificate is to be notified the For form of request, see Appendix V., 
 dates of any orders restraining the No. 7. 
 
 dealingwith money, securities, or effects, (/) See post, pp. 12 — 14. 
 
 and any charging orders affecting the (g) As to negative certificates, see 
 
 same of which notice has been given ; 2 Dan. Ch. Pr. 1635. For form of 
 
 and if the cause or matter has been request and certificate, see Appendix V., 
 
 inserted in the list of dormant accounts Nos. 8, 9. 
 
 (as to which see Chan. Funds Rules, (A) Chan. Funds Rules, 18^2, No. 2. 
 
 1872, No. 54, post, p. 10), that fact (i) The account is not to be kept 
 
 must also be notified therein; Chan. causewise; see the Court of Chancery 
 
 Funds Rules, 1872, No. 30. The (Funds) Act, 1872 (35 & 36 Vic. c. 44), 
 
 request must state the title of the cause s. 13, and see ibid, as to indemnity of 
 
 or matter, and of any particular ac- Bank of England. 
 
 countasto which the certificate or trans- (h) Chan. Funds Roles, 1872, No. 
 
 script is required. As to certificates of 49. 
 
10 
 
 THE PAYMASTER-GENERAL 
 
 Ch. II. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 54. 
 
 List of dormant 
 accounts. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 55. 
 Transfer of 
 small balances 
 to National 
 Debt Commis- 
 
 Name and ad- 
 dress of a soli- 
 citor to be on all 
 documents used 
 at Chancery Pay 
 Office. 
 
 Limitation of 
 length of title of 
 account. 
 
 Statutory decla- 
 rations may be 
 received by 
 Paymaster- 
 General instead 
 of affidavits. 
 
 current payments, the Commissioners will cause such amount as 
 the Paymaster-General may require to be placed to his credit (T). 
 
 After the 1st of October, 1873, and in every third year there- 
 after, lists of dormant accounts are to be exhibited in the offices 
 of the Court, and no information will be given at the Chancery 
 Pay Office respecting any such account, except upon the written 
 application of a solicitor, mentioning the name of the person, on 
 whose behalf he applies, and that in his opinion the applicant is 
 beneficially interested therein (m). 
 
 As soon as convenient after the 1st of October, 1873, and after 
 the same day in each year, money and securities, not together 
 amounting to £5 (w), standing to an account which has not been 
 dealt with during the preceding twelve months, will be transferred 
 to the account of the Commissioners for the Eeduction of the Na- 
 tional Debt, without prejudice to any person to whom such money 
 or securities may be ordered to be paid or transferred obtaining on 
 application to the Treasury payment or transfer thereof, together 
 with any dividends which would have accrued thereon (o). 
 
 Every document left at the Chancery Pay Office, or required to 
 be retained there, is to have legibly written thereon the name and 
 address of a solicitor (p). 
 
 The length of the title of any account (except in the case of an 
 account directed to be raised by an order made before the 7th of 
 January, 1872 (q); is not to exceed thirty-six words (r), exclusive 
 of the reference to the record, four figures in such title being 
 reckoned as one word («). 
 
 "When evidence is required by the Paymaster-General for carry- 
 ing into effect an order or otherwise, statutory declarations under 
 the 5th and 6th Will. IY. s. 62, may, unless otherwise directed by 
 the order, be received and acted upon instead of affidavits, and 
 such declarations are, if so required by the Paymaster-General 
 to be filed at the Eeport Office (t). 
 
 (Z) Chan. FundsRules, 1872,No. 50. 
 
 (m) Chan.FundsRules,1872,No.54. 
 The provisions contained in the 16 & 
 17 Tic. a. 98, -with respect to dormant 
 accounts are repealed ; the Court of 
 Chancery (Funds) Act, 1872 (35 & 
 36 Tic. c. 44), s. 26, Schedule 2, Pt.II. 
 In any petition relating to such a fund, 
 the fact of its insertion in the list must 
 be stated ; Chan. Funds Ords. 1872, 
 No. 7. For former practice -with re- 
 spect to dormant accounts, see 2 Dan 
 Ch. Pr. 1671, 1672. 
 
 (n) The expense of obtaining an order 
 for the payment or transfer of this 
 amount would .usually exceed that sum. 
 
 (o) Chan. Funds Rules, 1872, No. 55. 
 These provisions do not apply, where 
 a cheque has been signed but not 
 delivered out ; see Chan. Funds Rules, 
 1872, No. 56. 
 
 (p) Chan. Funds Rules, 1872, No. 
 58. For forms, see Dan. Ch. Forms, 
 Nos. 3—5. 
 
 (q) The date of the commencement 
 of the Act ; see Chan. Funds Rules, 
 1872, No. 1. 
 
 (r) Half a folio. 
 
 (s) Chan. FundsRules, 1872, No. 59. 
 
 (t) Chan. Funds Rules, 1872, No. 
 57. For former practice in the Ac- 
 countant-General's office as to evidence, 
 
AND THE CHANCERY PAY OFFICE. 11 
 
 All documents by the Chancery Funds Rules, 1872, directed Ch. n.. 
 
 to be filed, are to be filed in the Eeport Office, and an Index ill documents 
 
 thereof made and kept there (w); filed at the 
 
 A form is prescribed for the reference to the record (t<), and Eeport 0ffice> , 
 
 the marking it on all the proceedings in a cause (other than m r ^keYwith t0 re^ 
 
 a notice of motion), in accordance with the 48th and 51st ference to the 
 
 rules of the 1st Consolidated Order, is enforced by more stringent reoord - 
 provisions (a). 
 
 Solicitors are entitled to the same fees on proceedings under Solicitors' fees. 
 the Chancery Funds Rules, 1872, as are set forth in the regu- 
 lations as to solicitors' fees subjoined to the Consolidated Orders 
 in respect to business of a similar or analogous description («/). 
 
 see 2 Dan. Ch. Pr. 1663. For form of (v) Viz., A. v.B. 1872, A. 100 ; Ch. 
 
 statutory declaration, see Appendix Funds Rules, 1872, No. 2 ; see post, 
 
 V., No. 10. Appendix V., No. 1. As to the 
 
 («) Chan. Funds Rules, 1872, No. reference to the record, see Dan. Ch. 
 
 60. Office copies of such documents, Forms, No. 1, ib. , n. (a). 
 which will be received as evidence (the (x) Chan. Funds Orders, 1872,No.lO. 
 
 charge for which is id, per folio. (y) Chan. Funds Ord., 1872, No. 11. 
 
 Regul. to Ord. , Sched. 4 ; Dan. Ch. For tables of solicitors' fees, see K«gul. 
 
 Forms, No. 1554) (5), may be obtained to Ords. ; Dan. Ch. Forms, Nos. 1546 
 
 from the Report Office. — 1568. 
 
( 12 ) 
 
 CHAPTER III. • 
 
 BRINGING MONEY, SECURITIES, AND EFFECTS INTO COUET. 
 
 Former practice 
 on bringing 
 money or securi- 
 ties into Court. 
 
 Mode of bring- 
 ing funds or 
 securities into 
 Court. 
 
 Documents left 
 when funds 
 brought in 
 under an order. 
 
 According to the former practice of the Court, money, securi- 
 ties, and effects could (except in a few cases) be brought into 
 Court only under an order for that purpose (a) ; now, however, 
 they may be brought in on a direction to be obtained from the Pay- 
 master-General without any order, unless they have been directed 
 to be brought in by an order, or consist of money or securities 
 payable or transferable into Court in pursuance of an Act of 
 Parliament, or a general order of the Court by which some parti- 
 cular authority is required to enable the payment or transfer to 
 be made ; the direction of the Paymaster-General is obtained on 
 the written request of the person desirous of bringing in the 
 money or securities, or of his solicitor; but no money or securities 
 are to be brought in upon a direction so obtained to a separate 
 account in a cause (except to a security for costs' account), unleBS 
 such separate account has been directed to be opened by an 
 order (£). 
 
 When it is intended to bring money, securities, or effects (c) 
 into Court, the payment, transfer, or deposit is made with the 
 privity of the Paymaster-General (d), and the documents autho- 
 rising or directing the operation must be left at the appropriate 
 division of the Chancery Pay-Office (e), and a direction (/) for 
 the payment, transfer, or deposit bespoken. The following 
 are the documents required in the particular cases enume- 
 rated : — If the money or securities are to be brought into 
 Court pursuant to an order, the order, or an office copy thereof 
 (g), together with (in case the order is not complete in itself) 
 
 (a) See 1 Dan. Chan. Pr., 1636. For 
 list of the exceptional cases, see ih. 
 n. (/). 
 
 . (6) Chan. Funds Rules, 1872, No. 
 10. The rules do not specify effects ; 
 but under the term securities, which is 
 therein made use of, effects are included; 
 see the Court of Chancery Funds Act, 
 1872 (35 & 36 Vict. c. 44), s. 3, Chan. 
 Funds Rules, 1872, No. 2. 
 
 (c) See supra, n, (6). 
 
 (d) See Chan. Funds Rules, 1872, 
 Nos. 9 and 15. 
 
 (e) See ante, p. 8. 
 
 (/) See Chan. Funds Rules, 1872, 
 Nos. 9 and 15 ; as to the form of direc- 
 tion, see Hid. 
 
 (j) See ante, p. 8, and ii. n. («) 
 See as to the form of orders relating to 
 money or securities to be brought 
 into, or dealt with while in, or to be 
 paid or transferred out of Court. 
 
BRINGING MONEY, SECURITIES, AND EFFECTS INTO COURT, 
 
 13 
 
 any other necessary documents (h) ; if the funds are to be Ch. III. 
 brought in under the Trustee Belief Act («'), an office copy of under Trustee 
 the trustees' affidavit (A) ; if under the Land Clauses Consolidation Belief Act. 
 Act, 1845 (/), a Queen's printer's copy of the special Act, and a Under Lands 
 request signed by the person desiring to make the payment in, or Cla ;™ s ^ Con " 
 his solicitor, and stating the title of the special Act, the section 
 of the Lands Clauses Consolidation Act under which the pay- 
 ment in is to be made, the name of the person making the 
 payment, the amount to be paid in, the account to which the 
 money is to be placed, and the nature of the disability or the 
 other circumstances on which the payment in is grounded (m) ; 
 if under the Parliamentary Deposits Act (ri) a warrant from one Under Par- 
 of the Clerks in the Office of jthe Clerks of .Parliament, or of the Manumtary 
 Private Bill Office (o) ; if under the Legacy Duty Act (p), a cei*- * ^° SI 
 tificate, issuecl under the authority of the Act, from the Legacy Duty Act." 
 Duty Office of the payment of the duty, with a statement thereon 
 specifying the circumstances under which payment in is to be 
 made, and the amount to be paid in, which must be signed by 
 the person desiring to make the payment in or his solicitor (q) ; 
 if under the Copyhold Acts (r), a request signed by the person rjnder Copy- 
 desiring to make the payment in, or his solicitor, stating the told Acts. 
 name of the person to make the payment, the amount to be paid 
 in, and the account to which it is to be placed, with the name and 
 locality of the manor, and the circumstances under which the 
 payment in is to be made (s) ; if under the Tramways Act, 
 
 Ord. XXIII. 3—5 (Dan. Ch. Pr. 865 
 —868, 1633, 1634, 1658—1660). 
 Chan. Funds Rules, 1872, Nos. 5—8 
 (post, pp. 60 — 62). In consequence 
 of the new rules, the forms of orders 
 directing money and securities to be 
 brought into Court have been altered. 
 For forms now in use, see Appendix, 
 No. V., Nos. 11—13. 
 
 (h) Such as taxing master's or a chief 
 clerk's certificate or any affidavit or 
 statutory declaration (see Chan. Funds 
 Rules, 1872, No. 57, ante, p. 10), 
 which may be required to carry out the 
 directions of the order under which 
 the money or securities are to be 
 brought in. For form of affidavit of 
 amount to be paid, see Dan. Ch. Forms, 
 No. 1892. 
 
 (i) 10 & 11 Vict. c. 96 ; for the 
 practice under this Act, see 2 Dan. 
 Ch. Pr. 1784—1797. 
 
 (k) Ord. XLI. 2. See 2 Dan. Ch. 
 Pr. 1787. 
 
 {I) 8 & 9 Vict. c. 18. For the prac- 
 
 tice under this Act, see 2 Dan. Ch. 
 Pr. 1861—1886. 
 
 (m) See Chan. Funds Rules, 1872, 
 No. . 13. For form of request, see 
 Appendix V, No. 14. 
 
 («) 9 & 10 Vict. c. 20, a. 2. For 
 the practice under this Act, see 2 Dan. 
 Ch. Pr. 1856—1861. 
 
 (o) WWirVict. c. 20, s. 2 ; 2 Dan. 
 Ch. Pr. 1857. 
 
 (p) 36 Geo. IV. c. 52. For practice 
 under this Act, see 2 Dan. Ch. Pr. 
 1911—1914. 
 
 (q) 2 Dan. Ch. Pr. 1912. For 
 form of request, see Appendix V., 
 No. 15. 
 
 (r) 4 & 5 Vict. c. 35 ; 6 & 7 Vict. 
 »mM ; 15 & 16 Vict. c. 51 ; 21 & 22 
 Vict. c. 94. For the practice under 
 these Acts, see 2 Dan. Ch. Pr. 1928 
 —1930. 
 
 (s) See Ch. Funds Rules, 1872, 
 No. 14. For form of request, see Ap- 
 pendix V., No. 16. 
 
 N.10 
 
 £. 13 
 
14 
 
 Ch. III. 
 
 Under Tramway 
 and Life Assur- 
 ance Acts. 
 On request 
 without order. 
 
 Direction when 
 ready. 
 
 Return of docu- 
 ment left. 
 
 Mode of making 
 payments into 
 or deposits in 
 Court. 
 
 BRINGING MONEY, SECURITIES, 
 
 1870 (ft, or the Life Assurance Acts, 1870, 1871, or 1872 («), 
 a warrant from the Board of Trade. If money, securities, or 
 effects (as) are intended to be brought into Court without an 
 order (y), a written request signed by the person desiring to brmg 
 in the same or his solicitor, and containing, if they are to be 
 placed to the credit of a cause commenced since the 1st of 
 November, 1852, the reference to the record authenticated as to 
 its correctness by the official seal of the Eecord and Writ Clerks' 
 Office (a), must be left at the Chancery Pay Office (a). If the 
 account to the credit of which it is desired to pay the money or 
 transfer or deposit the securities has been directed by an order to 
 be opened, and has not been opened, the order or an office copy 
 thereof must be produced when the request for the direction -is left- 
 ' The direction is usually ready on the second day after it is 
 
 bespoken (5). . 
 
 The request, warrant of the Clerks of the Private Bill Office, 
 certificate of the Legacy Duty Office, or warrant of the Board of 
 Trade will be retained permanently ; and in the case of applica- 
 tions under the Trustee Belief Act, the trustees' affidavit will 
 be retained until the funds are brought into Court; but any 
 other documents left, will, when the direction has been prepared, 
 be returned to the person who left them, on his applying for 
 them (c). 
 
 The direction having been obtained, the money (d) or the 
 securities («), if passing by delivery, must be paid into or de- 
 
 ft) 33 & 34 Vict. c. 78. 
 
 (»)' 33 & 34 Yict. c. 61 ; 34 & 35 
 Vict. c. 58 ; 35 & 86 Vict. c. 41. 
 
 (a;) See ante, p. 12, n. (6). 
 
 \y) See Chan. Funds Rules, 1872, 
 No. 10 ; ante, p. 12. 
 
 (z) Chan. Funds Rules, 1872, No. 
 11. 
 
 (a) The request is subsequently filed 
 in the Report Office, whence an office 
 copy can be obtained ; Chan. Funds 
 Rules, 1872, No. 10. For form of 
 request, see Appendix V. , No. 17. 
 
 (6) See Chan. Funds Rules, 1872, 
 No. 12, post, pp. 16, 17, -which pro- 
 vides for the lodgment of money at the 
 Bank in urgent cases. 
 
 (c) See ante, p. 8. 
 
 (d) Cheques will be received at the 
 Bank, but they must be paid in at least 
 two days before the expiration of the time 
 ■within -which the money is to be paid 
 in, so as to allow time for their passage 
 through the clearing-house, and the 
 receipt for the money will not be deli- 
 
 vered out until the cheque has been 
 cleared. For former mode of payment 
 into the Bank, see 2 Dan. Ch. I*r. 
 1636, 1637. 
 
 (e) The securities which may be 
 transferred into Court include Govern- 
 ment Stocks and Bank of England 
 Stock, and those Indian and Colonial 
 Stocks, and stocks of bodies corporate 
 or of public companies, the transfer 
 books of -which are kept in England ; 
 the securities which may be depo- 
 sited in Court include Exchequer bills 
 and bonds, the bonds of Foreign States 
 or of any part of Her Majesty's domi- 
 nions out of the United Kingdom, and 
 of bodies corporate or of public com- 
 panies. A list of the securities which 
 may be thus brought into Court cannot 
 at present be furnished ; it will there- 
 fore be prudent to make inquiry on the 
 subject at the Chancery Pay Office 
 previously to an application for an 
 order or to the preparation of a request 
 for such transfer or deposit. A 
 
AND EFFECTS INTO COURT. 15 
 
 posited at the Bank of England (/) to the credit of the Chancery Oh, III. 
 Pay Office Account, and the direction left there ; a receipt will v " ' 
 then be given for the money or the securities, and the direction 
 with a certificate thereon, that the money or securities have been 
 received and placed to the credit of the Chancery Pay Office Ac- 
 count, will be sent by the Bank to the Chancery Pay Office (ft) -, T ^ nBfar . ^ 
 if the securities are transferrable, they are transferred in the Court, how 
 ordinary manner («') to the account of the Paymaster-General for effected, 
 the time being on behalf of the Court of Chancery, and' upon 
 such securities being so transferred, the direction, with a certifi- 
 cate thereon that the transfer has been made, is sent to the 
 Chancery Pay Office by the Bank of England, or body corporate 
 or company, in whose book% the transfer is made or regis- 
 tered (&). When the direction with the certificate thereon of the Paymaster-Gene- 
 payment in transfer or deposit has been received at the Chancery ™ inpayment 
 Pay Office, a certificate of such payment, transfer, or deposit, or transfer into 
 stating the title of the cause or matter to which such money or Qo^5 >osit m 
 securities have been placed in the books at that office, will be 
 made and filed (T) in the Report Office (m), whence office copies, Office copies 
 which will be received as evidence of the payment, or transfer toereof - 
 into, or deposit in Court (n), may be obtained. 
 
 The person making a transfer, payment, or deposit, upon chancery Funds 
 request, must forthwith, in the case of a cause, give notice thereof Orders, 1872, 
 to the solicitors on the record, or in the case of a matter, to the jj°^ of 
 persons interested, or their solicitors, stating in such notice what ment, transfer, 
 the money or securities so paid, transferred, or deposited repre- or de P° sl *> ° n 
 sent, and for what purpose such payment, transfer, or deposit has ^ T en. ' 
 been made, and such notice may be sent by post (o). 
 
 If securities, the transfer or deposit of which into or in Court 
 under the provisions before described (p) will not be accepted at 
 
 list of the securities now in Court in cent, paid to the stockbroker for identi- 
 
 Lunacy matters, will be found in Ap- fying the person to make the transfer 
 
 pendix VI., post. Great care must be has been allowed : Davenport v. 
 
 taken to specify accurately in the order Powell, 14 Sim. 275 ; ami see Jones v. 
 
 or request the description of the dif- Powell, 6 Beav. 488, 492. 
 ferent securities, and the number and (Jc) Chan. Funds Rules, 1872, No. 
 
 amount of each. 15. 
 
 (/) Money payable into Court will be (?) Chan. Funds Rules, 1872, No. 
 
 received at any branch of the Bank of 16. For form of certificate, see Ap- 
 
 England ; but the recommendation of pendix V., No. 18. 
 the Chancery Funds Commission, that (m) Chan. Funds Rules, 1872, No. 
 
 money in Court should be payable out 60 ; cmte, p. 11. 
 at any such branch, cannot be carried (n) Chan. Funds Rules, 1872, No. 
 
 into effect until arrangements for that 16. 
 
 purpose have been made by the Trea- (o) Chancery Funds Ord. 1872, 
 
 sury with the Bank. No. 4. For form of notice, see Appen- 
 
 {h) Chan. Funds Rules, 1872, No. 9. dix V., Nq. 19. 
 
 (i) A commission of Is. 3d. per (p) See supra. 
 
16 
 
 BRINGING MONET, SECURITIES, 
 
 Ch. III. 
 
 Mode of de- 
 posit of effects. 
 
 Paymaster-Gene- 
 ral's certificate 
 of deposit. 
 
 Office copies 
 thereof. 
 
 Mode of bring- 
 ing under the 
 provisions of 
 The Chancery 
 (Funds) Act, 
 1872 
 
 securities pre- 
 viously de- 
 posited. 
 
 Account to I 
 which money J 
 paid in under I 
 The Lands 
 Clauses Act is t6 
 be placed. l i 
 
 J 
 Account to 
 which money 
 paid in under 
 Copyhold Acts is 
 to be placed. 
 
 the Bank, or effects' (q), such as jewels, plate, or other articles of 
 an unascertained value, are to be brought into Court, such secu- 
 rities or effects are usually placed in a labelled box, which- is to be 
 deposited in the Bank of England (r). A direction to make the 
 deposit must be obtained from the Chancery Pay Office in the 
 same manner as a direction to pay in money (s). The box is 
 then deposited at the Bank of England, and the direction left 
 there, when a receipt will be given for the box, and the direction 
 sent by the Bank to the Chancery Pay Office, with a certificate 
 thereon of the deposit of the box (t). When this certificate has 
 been received at the Chancery Pay Office, a certificate of the de- 
 posit, stating the title of the cause or matter to which the box 
 has been placed in the books at that office, will be made and 
 filed (u) in the Keport Office (x), whence office copies, which will 
 be 'evidence that the deposit has been made («/), may be obtained. 
 
 When a box containing securities, which might be deposited in 
 Court under The Chancery Funds Act, 1872 (2), has been deposited 
 in Court under the previous practice (a), and it is desired that the 
 securities should be brought into Court under the Act, an appli- 
 cation should be made at Chambers for an order for the delivery 
 out of the box, and the deposit of the securities in Court, pur- 
 suant to the provisions of the Act (b). 
 
 Where money is paid into Court pursuant to the 69th section of 
 the Lands Clauses Consolidation Act, 1845 (c), there are to be 
 added to the title of the account mentioned in that section some 
 words briefly indicating the nature of the disability as stated in 
 the request for the direction (d). 
 
 Money paid into Court pursuant to the Copyhold Acts is to 
 be placed to the credit of Exparte the Copyhold Commissioners, 
 as directed by those Acts, and also to the account of the par- 
 ticular manor in respect of which the money is paid in («). 
 
 In urgent cases money may be lodged at the Bank of England, 
 
 (g) See ante, p. 12, n. (V). 
 
 (»•) For form of order for deposit in 
 such a ease ; see Appendix V., No. 
 13 b. 
 
 (s) See ante, p. 12. 
 
 (t) Chan. Funds Rules, 1872, No. 
 9.. 
 
 («) See Chan. Funds Rules, 1872, 
 No. 16. For form of certificate, see 
 Appendix V., No. 20. . 
 
 (x) Chan. Funds Rules, 1872, No. 
 60, ante, p. 11. 
 
 (y) Chan. Funds Orders, 1872, No. 16. 
 
 (a) 35 & 36 Vic. c. 44. 
 
 (a) See, for former practice, 2 Dan. 
 
 Ch. Pr. 1638, 1639; Rep. Chan. Funds 
 Com. xx.; Seton, 58, 59, 66. 
 
 (o) For form of summons, see Ap- 
 pendix V., No. 21. 
 
 (c) For this section, see 2 Dan. Ch 
 Pr. 1862, 1863. For the practice under 
 the Lands Clauses Consolidation Act, 
 1845, see 2 Dan. Ch. Pr. 1861—1886. 
 
 (d) Chan. Funds Rules, 1872, No. 
 
 13. As to this direction, see ante, p. 
 lo. 
 
 (c) Chan. Funds Rules, 1872, No. 
 
 14. For the practice under the Copy- 
 hold Acts, see 2 Dan. Ch. Pr., 1928— 
 1930. 
 
AND EFFECTS, INTO COURT. 17 
 
 to the credit of a Chancery Suspense Account, upon a written Ch. in. 
 application addressed to the Bank, and signed by the person ™ " V . "' 
 
 j • • j.11 •. i i ■ , . . . , - . (Jnancery Funds 
 
 desiring to lodge it, or by his solicitor (/), and thereupon a Rules, 1872, 
 certificate of the lodgment will be given ; a direction for S-° d 12 f , . 
 the Bank to receive the money should be forthwith obtained moneVinth^ 
 from the Chancery Pay Office, in the manner before described {g), Bank » urgent 
 and, upon production at the Bank of the direction and the cases ' 
 certificate of the lodgment, the money will be transferred to 
 the Chancery Pay Office Account, and placed in the books at 
 the Chancery Pay Office to the credit of the cause or matter 
 mentioned in the direction, and a receipt for the money will be 
 given (A). 
 
 The last mentioned provisions, enabling money to be paid Utility of pro- 
 into Court in urgent cases, will, it is believed, be found to be viBi<m sas.to 
 very useful in cases in which, the granting or refusal of an in- urgent 
 
 junction, is made contingent upon the previous payment of a 
 sum of money into Court. 
 
 The dividends on all securities in Court of which a certifi- The Chancery 
 cate has been sent from the Chancery Pay Office to the Bank ^S^^ \ a }' 
 of England, are received by the Bank, which also receives any Dividends oil 
 principal money payable in respect of any such securities, and securities in 
 all money so received is placed to the credit of the Chancery Pay by^JaXoOIng- 
 Office Account (t). land. 
 
 The Chancery Funds Eules and Orders, 1872, do not contain 
 any provisions expressly dispensing with the usual order for the 
 completion of his purchase, heretofore obtained by each purchaser 
 of property sold with the approbation of the Judge (k) : it is 
 therefore assumed that, if a purchaser requires notice to be given Stop order on 
 to him of any application for dealing with his purchase-money P^^hase-money 
 which has been paid into Court on request (Z), an order for request, 
 that purpose will have to be obtained and registered in the Chan- 
 cery Pay Office (m). 
 
 Effects of suitors, consisting of jewels or plate, or other articles Jewels, &c. not 
 
 (/) The application must specify the 1886. 
 
 amount of the money and the title of (i) 35 & 36 Vic. c. 44, s. 10 ; post, 
 
 the cause or matter to which it is to be p. 44. See as to the receipt of interest 
 
 lodged. For form of application see on and exchange of exchequer bills, Ord. 
 
 Appendix V., No. 22. 28 Aug. 1828 ; Prel. Ord. I. (3), Ord. 
 
 (g) See ante, p. 12. For form of I., 13 : 2 Dan. Ch. Pr. 1638, 1639. 
 
 certificate of payment in, see Appen- (k) See 2 Dan. Ch. Pr., 1168 — 1171, 
 
 dix V., No. 23. 1176—1178. 
 
 (h) Chan. Funds Rules, 1872, No. (Z) Under Chan. Funds Rules, 1872, 
 
 12; post, p. 63. This rule is adapted No. 10, (see post, p. 62); ante, pp. 12, 
 
 from the Lands Clauses Consolidation 14. 
 
 Act, 1845(7 &8 Vic. c. 18), s. 88, im) See 2 Dan. Ch. Pr., 1176— 1178, 
 
 for which see 2 Dan. Ch. Pr. 1885, 1235, 1236, 1657. 
 
18 
 
 BRINGING MONEY, SECURITIES, AND EFFECTS INTO COURT. 
 
 Ch. III. 
 \ , / 
 
 to be deposited at 
 Record and 
 Writ Clerks' 
 Office. 
 
 Enforcing direc- 
 tions for bring- 
 ing property 
 into Court. 
 
 Non-compulsory 
 orders for pay- 
 ment in. 
 
 of a like nature, or negotiable securities, will not be received at 
 the Eecord and Writ Clerks' Office (w). 
 
 An order directing money, securities, or effects to be brought 
 into Court is enforced like any other order of the Court (p). The 
 default is proved by the production of an affidavit of due service 
 of the order (p), and of the Paymaster-General's negative certifi- 
 cate (q) that the payment in, transfer, or deposit, has not been 
 made. 
 
 Where an order for bringing money or securities into Court 
 is not intended to be compulsory, it merely gives liberty to 
 the person named to bring them in (r) ; but as money and 
 securities can now be brought in on the request of the person 
 desiring to bring them in (s), it is conceived that such orders will) 
 as a general rule, be only required, in future, where the fund to 
 be brought in, is to be placed to a separate account in a cause, 
 which is to be raised for the first time. 
 
 (») Chan. Funds Ord., 1872, No. 9; 
 post, p. 80. This order does not extend 
 to mortgage securities, which are de- 
 posited in the same manner as docu- 
 ments. For the mode of depositing 
 documents, see 2 Ban. Ch. Pr. 1698, 
 ib. n. (b). 
 
 (o) See 1 Dan. Ch. Pr. 903—938; 
 and see Ord. XXIII. 10 ; Ord. 7. Jan. 
 1870 (L. R. 5 Ch. xxriii.— xl.). For 
 forms of sequestration or attach- 
 ment process for, and indorsement, see 
 Dan. Chan. Forms, No. 1895. For a 
 case in which the order was enforced by 
 
 committal, see Rogers v. Rogers, W. N. 
 (1871), 11, 18 ; 19 W. R. 317, 374, 
 M.R. 
 
 (p) For form of affidavit of service, 
 see Dan. Ch. Forms, No. 929. 
 
 (q) See ante, p. 9. For forms oE 
 request and certificate, see Appendix V., 
 Nos. 8, 9. 
 
 (r) See Seton, 61 ; 2 Dan. Ch. Pr. 
 1645. 
 
 (s) See Chan. Funds Rules, 1872, 
 No. 10 ; ante, pp. 12, 14 ; post, p. 
 62. 
 
( 19 ) 
 
 CHAPTER IV. 
 
 PLACING ON DEPOSIT AND INVESTING MONET IN COURT, AND CON- 
 VERTING GOVERNMENT SECURITIES INTO CASH. 
 
 There are two modes in which money in Court may be made Modes of making 
 to bear interest, viz., by placing it on deposit, and by investing it money in Court 
 in Bank or East India, Stock, Government securities, or upon P roductive - 
 mortgage of freehold or copyhold estates, in England or Wales (a). 
 
 The practice of placing money on deposit, was introduced by 
 the Court of Chancery (Funds) Act, 1872 (b), but it does not apply r ep ° sl ' 
 to money paid in under the Parliamentary Deposits Act (c), or 
 under the Trustees' Relief Act (except where the trustee's affidavit, no t p^cedin 
 on which the money has been paid in, states that it is unnecesary deposit, 
 that it should be invested (d) ), or to money paid into the Appeal 
 Deposit Account (e), nor does it apply to money paid in (/) before 
 the 7th of January, 1873 (g), under the Copyhold Acts (h), or the 
 69th section of the Lands Clauses Consolidation Act, 1845 («), 
 and money will not be placed on deposit, where the order (h) under 
 which the money is paid in contains a direction that the money is 
 to be invested or dealt with otherwise than by being placed on 
 deposit, or where any other order containing a similar direction 
 with regard to the money is brought under the Paymaster-Gene- 
 ral's notice, or where a request in writing by a solicitor acting on 
 behalf of a person claiming to be interested in the money, that it 
 may not be placed on deposit, is left at the Chancery Pay Office (T). 
 
 (a) See, as to these investments, 2 
 Dan. Ch. Pr. 1641—1644. 
 
 <b) 35 & 36 Vic. c. 44, ss. 14—17 ; 
 i?os«,pp.45,46; Chan.FundsRules,1872, 
 Nos.33— 48, 52; post, pp. 70—74, 75. 
 
 (c) 9 & 10 Vic. c. 20 ; Chan. Funds 
 Rules, 1872, No. 36 ; post, p. 71. For 
 practice under this Act, see 2 Dan. Ch. 
 Pr. 1856—1861. 
 
 (d) 10 & 11 Vic. c. 96. For practice 
 under this Act, see 2 Dan. Ch. Pr. 1784 
 —1797. 
 
 (c) Chan. Funds Rules, No. 36 ; post, 
 p. 71. As to the appeal deposit account, 
 see 2 Dan. Ch. Pr. 1350. 
 
 (/) See Chan. Funds Rules, 1872, 
 No. 33 ; post, p. 70. 
 
 (a/) The day of the commencement of 
 
 the Court of Chancery (Funds) Act, 1872 
 (35&36Vic.c.44); Chan. Funds Rules, 
 1872, No. 1 ; post, p. 59. 
 
 (A) 4 & 5 Vic. c. 35 ; 6 & 7 Vic. u. 
 23 ; 15 fc 16 Vic. c. 51 ; 21 &22 Vic. c. 
 94 ; Chan. Funds Rules, 1872, No. 33 ; 
 post, p. 70. For practice under these 
 Acts, see 2 Dan. Ch. Pr. 1928—1930. 
 
 (i) 8 & 9 Vic. c. 18 ; Chan. Funds 
 Rules, No. 33; post, p. 70. For prac- 
 tice under this Act, see 2 Dan. Ch. Pr. 
 1861—1886. 
 
 (fc) The word "order" in the Rule 
 includes " a decree; " see Chan. Funds 
 Rules, 1872, No. 2, post, p. 59. 
 
 (I) Chan. Funds Rules, 1872, No. 34; 
 post, p. 70. For form of request, see 
 App. V., No. 24. 
 
 o 2 
 
20 
 
 PLACING ON DEPOSIT AND INVESTING MONET IN COURT, 
 
 Ch. IV. 
 
 When placed on 
 deposit on 
 request. 
 
 When placed on 
 deposit without 
 request. 
 
 Sums under £3 
 placed on de- 
 posit. 
 
 Request not 
 necessary where 
 Government 
 Securities con- 
 verted. 
 
 Withdrawal of 
 request not to 
 place money on 
 deposit. 
 
 Except as above pointed out, money paid into Court before the 
 7th of January, 1873(m), and money arising by the sale, conversion, 
 or payment off of securities in Court, whether brought in before 
 or after the 7th of January, 1873 (m), and dividends accruing on 
 securities in Court, whether brought in before or after the 7th of 
 January, 1873 (m), and money brought over from the credit of some 
 other cause or matter, or otherwise placed, either before or after 
 the 7th of January, 1873 (m), to the credit of a cause or matter in 
 the books at the Chancery Pay Office, and money or dividends 
 which have been paid in under the Trustees' Eelief Act (re) upon 
 an affidavit containing a statement that it is unnecessary that the 
 same should be invested (o), will be placed on deposit on a 
 request in writing signed by any person claiming to be interested 
 in the money, or his solicitor (oo) ; and in every other case money 
 paid in after the 7th of January, 1873 {ni), will be placed 
 on deposit without any request (p), but (except in the case of 
 money paid into Court to the credit of a cause or matter to the 
 credit of which money on deposit is already standing) a sum of 
 money less than £3 will not be placed on deposit or allowed to 
 remain on deposit (q). 
 
 Cash arising by the conversion of Government Securities in 
 Court and directed by the order for conversion to be placed on 
 deposit, will be so placed without any request, and will be deemed 
 to have been so placed on the day on which the securities were 
 transferred to the Commissioners for the Eeduction of the 
 National Debt (r). 
 
 A person who has requested that money in Court should not be 
 placed on deposit, may at anytime withdraw such request, and by 
 a like request in writing, require the money to be placed on 
 deposit (s). 
 
 When money in Court (except money arising from the conver- 
 sion of stock (t) ) is to be placed on deposit in pursuance of a 
 
 (m) The day of the commencement 
 of the Court of Chancery (Funds) Act, 
 1872 (35 & 36 Vic. c. 44) ; Chan. 
 Funds Eules, 1872, No. 1; post, p. 59 ; 
 
 (m) 10 & 11 Vic c. 96. For prac- 
 tice under this Act, see 2 Dan. Ch. Pr. 
 1784—1797. 
 
 (o) See post, p. 21. 
 
 (oo) For form of request, see Appen- 
 dix V, No. 25. 
 
 (p) Chan. Funds Eules, 1872, No. 
 33; post, p. 70 ; and see 35 & 36 Vic. 
 c. 44, ss. 14, 15 ; post, pp. 45, 46. 
 
 (?) Chan. Funds Eules, 1872, No. 
 37 ; post, p. 71. The sum of £3 is the 
 lowest amountwhichwill carry a month's 
 
 interest at the rate of two per cent, per 
 annum. 
 
 (r) Chan. Funds Eules, 1872, No. 
 52; post, pp. 74, 75. As to the conver- 
 sion of securities, see the Court of 
 Chancery Funds Act, 1872 (35 & 36 
 Vic. c. 44), s. 16 ; post, p. 46 ; Chan- 
 cery Funds Eules, 1872, Nos. 52, 53, 
 post, pp. 25—27, 74, 75. 
 
 (s) Chan. Funds Eules, 1872, No. 
 34 ; post, p. 70. For form of with- 
 drawal and of request to place the 
 money on deposit, see Appendix V., 
 No. 26. . 
 
 (0 See Chancery Funds Eulos, 
 1872, No. 52 ; post, p. 74, 75. 
 
AND CONVERTING GOVERNMENT SECURITIES INTO CAS A. 21 
 
 direction in an order (u), it is the duty of the solicitor for the Ch. IV. 
 person haying the carriage of the order, to leave it at the Chancery How laoedon" 
 Pay Office without unnecessary delay, together with a written deposit in pur- 
 request that the money may be so placed, and the Paymaster- su ™ce of an 
 General will defer giving effect to such direction, until the re- 
 quest has been left (x). 
 
 Money in Court will be placed on deposit as soon as convenient Chancery Funds 
 after it has been paid in, or if a request is necessary, as soon as ^f^g 1872 ' 
 convenient after the request has been left, but the placing on de- Time of placing 
 posit will not be deferred beyond the last day of the month, in on de P osit - 
 which the money is paid into Court or the request left (z). 
 
 Money or dividends on securities brought into Court under the Funds brought 
 Trustees' Eelief Act(«) and accumulations of such dividends are not Sunder Trustees 
 affected by the Chancery Funds Kules, 1872, and will continue to be affected by 
 invested, as provided by the 3rd rule of the forty -first of the Conso- Chancery Funds 
 lidated Orders, without any request (b), except that where the trus- u es ' 
 tee's affidavit on which the funds are brought in contains a state- 
 ment that it is unnecessary that the money or dividends should be 
 invested (c), they may be placed on deposit, on a request for that 
 purpose being left at the Chancery Pay Office (d). 
 
 Money paid into Court under the Legacy Duty Act (e) will be Money paid in 
 placed on deposit without a request (/), but when it amounts to Duty^dfplaced 
 or exceeds £100 it will upon the written request of the person on deposit, but 
 paying it in, or his solicitor, or upon a written request made by or "J^yesteT 613 * 
 on behalf of any person claiming to be interested therein, be in- chancery Funds 
 vested without an order for that purpose in Consolidated £3 per Rules, 1872, 
 centum Annuities, and the dividends on the annuities and all No " 40, 
 accumulations will, upon a like request (subject to the rule as to 
 the investment of sums less than £100 (g) ), be invested in like 
 manner, without an order, and if the money has been placed on 
 deposit before the request is left at the Chancery Pay Office, the 
 
 (u) See ante, p. 19, n. tffc). (e) 30 Geo. 3, c. 52, s. 32. For the 
 
 (x) Chan. Funds Rules, 1871, No. practice under this Act, see 2 Dan. 
 
 23 ; post, p. 64. For form of request, Ch. Pr. 1911—1914. 
 see Appendix V., No. 27. (/) Ord. I., 11 (for which see 2 
 
 (2) Chan. Funds Rules, 1872, No. Dan. Ch. Pr. 1912), is abrogated, but 
 
 35 ; post, p. 71 the dividends on securities purchased 
 
 (a) 10 & 11 Vic c. 96. For the thereunder previous to the 7th of 
 
 practice under this Act, see 2 Dan. Ch. January, 1873, may (subject to Chan- 
 
 Pr. 1784 1797. eery Funds Rules, 1872, No. 38, for 
 
 (J) See 2 Dan. Ch. Pr. 1788 ; and which see post, p. 71), be invested as 
 
 see the Court of Chancery (Funds) Act, if the said Rule 11 had not been 
 
 1872 (35 & 36 Vic. c. 44), s. 15 ; post, abrogated ; Chan. Funds Rule, No. 40 ; 
 
 pp. 45, 46. post, 72. 
 
 (c) See 2 Dan. Ch. Pr. 1878. (g) See Chan. Funds Rules, 1872, 
 
 (d) For form of request, see Appen- No. 38 ; post, pp. 25, 71. 
 dixV.,No. 28. 
 
22 
 
 PLACING ON DEPOSIT AND INVESTING MONEY IN COURT, 
 
 eh. iv. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 41. 
 
 Discontinuance 
 on request of 
 placing on 
 deposit. 
 
 Rate of Interest. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 43. 
 
 Amounts on and 
 times for which 
 it is computed. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 44. 
 Interest when 
 credited to the 
 cause or matter. 
 
 How computed 
 when money 
 withdrawn from 
 fund made up 
 of sums paid in 
 at different 
 times. 
 
 money and any interest thereon will, upon a like request, be with-, 
 drawn from deposit and invested as before mentioned (h). 
 
 The Paymaster-G-eneral may, at the written request of the soli- 
 citor of any person claiming to be interested in money or secu- 
 rities in Court, discontinue placing on deposit the dividends or 
 interest on any securities or money on deposit specified in the 
 request, until he has had notice that some order in that behalf 
 has been made (i). 
 
 Money placed on deposit bears interest to the suitors at the rate 
 of two per cent, per annum clear of income-tax (k). 
 
 The interest will not be computed on any fraction of one pound, 
 that is to say, shillings and pence of the money on deposit will be 
 excluded in the calculation of the interest (J) ; it accrues by 
 calendar months, and will not be computed for a broken period 
 of a calendar month, and will begin on and be computed for the 
 first day of the calendar month next after the money was placed 
 on deposit, and be computed up to and inclusive of, and will 
 cease on the last day of the calendar month preceding the day 
 on which the money is withdrawn from deposit (m). 
 
 Interest due on the 31st of March and 30th of September in 
 every year on money then on deposit will be credited to the cause 
 or matter on which such money is standing on or before the 20th 
 day of the following month, and when any money on deposit is 
 withdrawn (except it is withdrawn during the months of April 
 and October), the interest accrued, but not credited, on the money 
 withdrawn, will be credited, at the time of withdrawal, to the cause 
 or matter to the credit of which the money is standing at the 
 time of withdrawal (ri) 
 
 When money has to be withdrawn from deposit for the purpose 
 of executing an order, and the money on deposit consists of sums 
 so placed at different times, the sums last so placed will, for the 
 purpose of computing interest, be regarded as so withdrawn ex- 
 cept the order otherwise directs (o). 
 
 The interest credited in April and October" in respect of money 
 
 (h) Chan. Funds Rules, 1872, No. 
 40 ; post, p. 72. For forms of request to 
 invest and to withdraw from deposit 
 and invest, see Appendix V. . Nos. 29, 
 30. 
 
 (i) Chan. Funds Rules, 1872, No. 
 41 ; post, p. 72. The request must be 
 left at the proper division of the Chan- 
 cery Pay Office. For form of request, 
 see Appendix V, No. 31. 
 
 (£) The Court of Chancery (Funds) 
 Act, 1872 (35 & 36 Vic. c. 44), s. 14 ; 
 post, 45. 
 
 (I) Chan. Funds Rules, 1872, No. 42: 
 post, p. 73. 
 
 (m) Chan. FundsRules, 1872, No. 43; 
 post. p. 73. 
 
 (ri) Chan. Funds Rules, 1872, 
 No. 44. ; post, p. 73 ; and see Chan. 
 Funds Rules, 1872, No. 51, (post, p. 
 74), as to the crediting by the National 
 Debt Commissioners of the account of 
 the Paymaster-General, with the Interest 
 of the money on deposit. 
 
 (o) Chan. Funds Rules, 1872, No 
 45 ; post, p. 73. 
 
AND CONVERTING GOVERNMENT SECURITIES INTO CASH. 
 
 23 
 
 on deposit (p) -will (until a direction in an order (q) dealing with 
 the. interest has been brought under the Paymaster-General*s 
 notice, and subject to the provisions, with respect to the placing 
 on deposit of sums less than £3 (r) ), be placed on deposit and 
 regarded as so placed on the day on which it is due (s). 
 
 When money which has been directed by an order to be in- 
 vested, is, after the date thereof, placed on deposit, the interest 
 may be applied in the same manner as the dividends arising from 
 the investment were directed to be applied (t). 
 
 "When an order (u) containing directions dealing with money on 
 deposit, or with money placed on deposit after the date of the 
 order, is brought to the Chancery Pay Office to- have the 
 directions acted upon, the money, or a sufficient part thereof, 
 will, on a request in writing signed by a person interested, or by 
 his solicitor, be withdrawn from deposit and applied as directed 
 by the order, but so, nevertheless, that no sum less than £100 
 will be invested, unless the order directs it to be invested " not- 
 withstanding that it does not amount to £100 "(y). The with- 
 drawal will be made as soon as practicable after the request is left, 
 but it is not to be deferred beyond a week (z). 
 
 Applications for placing cash on deposit, and for dealing with 
 interest on money on deposit, may be made by summons at 
 Chambers (a). 
 
 "When money in Court is expected to be distributed within 
 two years, it is believed that it will be found more advantageous 
 that it should be placed on deposit, than invested in securities, 
 as all risk of loss by the variation of the market on realization 
 will be avoided, and the expenses attending the investment 
 and sale will be saved. 
 
 Money in Court will (except it has been paid in under the 
 Trustees Relief Act (J), or under the Legacy Duty Act (c) ) not 
 
 Cli. IV. 
 
 Interest ■when 
 placed on 
 deposit. 
 
 Interest applied 
 in same manner 
 as dividends. 
 
 Chancery Funds 
 Rules, 1872, 
 Nos. 38, 39, 48. 
 Withdrawal and 
 dealing with 
 money placed 
 on deposit. 
 
 Time for with- 
 drawal from 
 deposit. 
 
 Applications for 
 placing cash on 
 deposit and 
 dealing with in- 
 terest on money 
 how made. 
 
 When more 
 advantageous to 
 place money on 
 deposit than 
 invest it. 
 
 (p) See Chan. Funds Rules, 1872, 
 No. 44, ante, p. 22 ; post, p. 73. 
 ( g) See ante, p. 19, n. (k). 
 (r) See Chan. Funds Rules, 1872, No. 
 
 37, ante, p. 20 ; post, p. 71. 
 
 (s) Chan. Funds Rules, .1872, No. 
 46 ; post, p. 73. 
 
 (0 Chan. Funds Rules, 1872, No. 
 47 ; post, pp. 73, 74. As to investing 
 money in court, see post, pp. 24 — 26. 
 
 (w) See ante, p. 19, n. (fc). 
 
 (y) Chan. Funds Rules, 1872, 
 Nos. 38. 39 ; post, pp. 71, 72 ; as to 
 the investment of sums under £100, 
 see Chan. Funds Rules, 1872, No. 
 
 38, post, p. 25, 71. Forform of request, 
 
 see Appendix V., No. 32. 
 
 («) Chan. Funds Rules, 1872, No. 48; 
 post, p. 74. 
 
 (a) Chan. Funds Ord., 1872, No. 6; 
 post, p. 79. For the practice on sum- 
 mons, see 2 Dan. Ch. Pr. 1050—1070. 
 For forms of summons, see Appendix 
 V., Nos. 33, 34. 
 
 (5) See as to investing money paid in 
 under the Trustee Relief Act, ante, p. 
 21 ; 2 Dan. Ch. Pr. 1788 ; Ord. 
 XLI. 3. 
 
 (c) See as to investing money paid in 
 under the Legacy Duty Act, ante, pp. 
 21, 22; Chan. Funds Rules, 1872, No. 
 40 ; post, p. 72. 
 
24 
 
 PLACING ON DEPOSIT AND INVESTING MONEY IN COUBT, 
 
 Ch. IV. 
 
 Chancery Panda 
 Rules, 1872, 
 No. 17. 
 Investment of 
 money in Court. 
 Direction in 
 that behalf 
 necessary. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 23. 
 
 Investment may 
 be deferred till 
 requested. 
 
 Mode of procur- 
 ing investment 
 under an order. 
 
 Chancery Funds 
 Pules, 1872, 
 No. 24. 
 
 be invested unless in pursuance of an order (d). If therefore it 
 is desired that money about to be brought into Court in pur- 
 suance of an order should be invested and not placed on deposit, 
 a direction to that effect, and for the investment and accumula- 
 tion, if so desired, of the future dividends, should be inserted in 
 the order ; if no such direction has been given, an order for its in- 
 vestment may be obtained on motion, or by summons at Chambers (e). 
 The notice of motion or summons must, in general, be served upon 
 all the other parties to the suit or proceeding who are interested 
 in the fund (««). 
 
 "When an order (/) directing the investment of money in Court 
 has been made, it is the duty of the solicitor for the person having 
 the carriage of the order to leave it, without unnecessary delay, 
 at the Chancery Pay Office, together with a request in writing 
 that the investment be made, and the Paymaster-General will 
 defer making the investment until such request has been left (g). 
 
 In order to procure the investment, pursuant to an order, of 
 money in Court, the order or an office copy (A) thereof must be 
 left at the Chancery Pay Office, together with a written request 
 signed by a solicitor stating the amount of money to be invested, 
 the account to which it stands, the securities in which it is to be 
 invested, and the account to which they are to be placed (») ; the 
 Paymaster- General then causes the money to be paid to the 
 broker conditionally upon the securities being transferred or 
 deposited to the account of the Paymaster-General for the time 
 being on behalf of the Court of Chancery, and the Bank of Eng- 
 land, or Body Corporate, or Company, in whose books, or with 
 whom the transfer or deposit of the securities is made or regis- 
 tered, issues a certificate of the transfer or deposit, which is 
 sufficient evidence for all purposes that the transfer or deposit 
 has been made, and the securities will be placed in the Books of 
 the Chancery Pay Office to the same credit as that to which the 
 money was standing, unless otherwise directed by the order (A). 
 The certificate of the transfer or deposit is sent to the Chancery 
 Pay Office, and the Paymaster-General may in his discretion, 
 
 (d) Chan. Funds Pules, 1872, No. 
 17 ; ^os«,pp.64,65. The word "order" 
 includes "decree ;" Chan. Funds Rules, 
 1872, No. 2 ; post, p. 59. 
 
 (e) Seton, 64. For the practice on 
 /Lfi"] motion, see 2 Dan. Ch. Pr. 348?— 1451; 
 
 ' on summons, see 2 Dan. Ch. Pr. 1050 
 — 1070. For forms of notice of motion 
 and summons and order for investment, 
 see Appendix V., Nos. 35 — 37. 
 
 (ee) See 2 Dan. Ch. Pr. 1640. 
 
 (/) See ante, p. 19, n.(fc), and supra, 
 
 u. (d). 
 
 (g) Chan. Funds Rules, 1872, No. 23; 
 post, pp. 6"6. It is understood that in 
 practice the investment will not be made 
 until requested ; and see Re Woodcock, 
 L. R, 13 Eq. 183, V.C.W. 
 
 (h) See ante, p. 8, ib. n. (z). 
 
 (£) For form of request, see Appen- 
 dix V, No. 38. 
 
 (k) Chan. Funds Rules, 1872, No. 
 24 ; post, pp. 66, 67. As to the receipt 
 of the dividends on the securities, and 
 
AND CONVERTING GOVERNMENT SECURITIES INTO CASH. 
 
 25 
 
 upon a request in writing on behalf of any person claiming to be 
 interested, issue a certificate of the purchase of the securities (l). 
 
 The order left on bespeaking the inTestment will, as soon as 
 the investment has been made, be returned to the person who 
 left it, on his application. 
 
 A sum of money in Court less than £100 will not be invested 
 iu pursuance of an order (m) made after the 6th of January, 
 1873 (m), unless the order directs the investment to be made 
 " notwithstanding that the sum does not amount to £100 (o)." 
 
 Where dividends accruing- on securities in Court have been 
 directed by an order to be invested and accumulated, and a re- 
 quest to invest and accumulate the same has been left (p), such 
 dividends will be inyest^d accordingly, if they amount half-yearly 
 to £100 or upwards ; but if they do not amount half-yearly to 
 £100, and are not less than £3 (q), they will be placed on deposit, 
 until by accumulation they amount to £100, when they will, on a 
 written request on behalf of a person claiming to be interested 
 therein, be withdrawn from deposit and invested as directed by 
 the order (r). "Where no order for the investment and accumula- 
 tion of dividends accruing on securities in Court has been made, 
 such dividends may,. when they amount to or exceed £3 (q), be 
 placed on deposit on a written request on behalf of any person 
 claiming to be interested therein (s), such request must, however, 
 be repeated from time to time. 
 
 After an investment of dividends has once been made, the 
 Paymaster-General will, if the order so directs, and a request to 
 that effect is inserted in the original request, where the 'dividends 
 half-yearly amount to £100 or upwards (t), continue to make like 
 investments of the dividends and accumulations without further 
 request, until he receives notice of a direction in an order (m) 
 to the contrary (u). 
 
 The Paymaster-General may, on the written request of the 
 solicitor of any person claiming to be interested in money or 
 
 Oh. IV. 
 
 Return of docu- 
 ments left. 
 
 Restriction as to 
 inTestment of 
 sums less than 
 £100. 
 
 Dividends when 
 invested. 
 
 When placed on 
 deposit. 
 
 Investment con- 
 tinued without 
 further request. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 41. 
 
 any principal payable in respect thereof, 
 see ante, p. 17, the Court of Chancery 
 (Funds) Act, 1872 (35 & 36 Vic. c. 44), 
 s. 10 ; post, p. 44. 
 
 (0 Chan. Funds Rules, 1872, No. 
 31 ; post, p. 70. For forms of request 
 and certificate, see Appendix V., Nos. 
 39, 40. 
 
 (m) See ante, p. 19, n. (Jc). 
 
 (n) The day previous to the com- 
 mencement of the Rules, see Chan. 
 Funds Rules, 1872, No. I. ; ante, p. 1; 
 post, p. 59. 
 
 (o) Chan. Funds Rules, 1872, No. 
 
 38; post, p. 71. 
 
 (p) See Chan. Funds Rules, 1872, 
 No. 23 ; ante,?. 23, n. (g); post,?. 66. 
 
 (q) See Chan. Funds Rules, 1872, 
 No. 37 ; ante, p. 20 ; post, p. 71. 
 
 (r) Chan. Funds Rules, 1872, No. 38; 
 post, p. 71. As to placing money on. 
 deposit, see ante, pp. 19 — 23 ; for form 
 of request, see Appendix, No. 41. 
 
 (s) See Chan. Funds Rules, 1872, 
 No. 33 ; ante, p. 20 ; post, p. 70. For 
 form of request, see Appendix V, No. 42. 
 
 (t) See supra. 
 
 (it) Ord. 1. 12.; 2 Dan. Ch. Pr. 1640. 
 
26 
 
 PLACING ON DEPOSIT AND INVESTING MONEY IN COURT, 
 
 Ch. IV. 
 
 •• ^, i 
 
 Discontinuance 
 of investment 
 on request. 
 
 Securities in 
 Court may be 
 ordered to be 
 converted and 
 proceeds placed 
 on deposit 
 account. 
 
 Form of order 
 for realising 
 Government 
 Securities over 
 £1000. 
 
 Mode of working 
 out the order. 
 
 Mode of procur- 
 ing transfer for 
 purposes of 
 conversion. 
 
 securities in Court, discontinue investing the dividends or interest 
 on any securities or money on deposit specified in such notice 
 until he has had notice that some order in that behalf has been 
 made (s). 
 
 Securities in Court may be directed, by an order {(), to be con- 
 verted into cash, and the cash may be directed to be placed on de- 
 posit (w) ; and when a specific amount of Government securities 
 in Court, consisting of not less than £1000 Consols or £1000 
 Reduced or New Three per Cents., is required to be realised, the 
 order, instead of directing a sale of such securities, is to direct 
 the same to be converted into cash, unless the Court on pro- 
 nouncing the order otherwise directs, and thereupon such securi- 
 ties are to be transferred to the Commissioners for the Reduction 
 of the National Debt on behalf of the Court of Chancery (x), and 
 the account to which the securities were standing credited with 
 the value of the securities on the day of the transfer (y). No 
 conversion is to be made of an amount less than £1000 of the 
 above-mentioned securities, except for the purpose of placing on 
 deposit the value of such securities (z). 
 
 In order to effect the transfer of the securities, the order direct- 
 ing the conversion, or an office copy thereof («), must be left at 
 the Order of course seat at the Registrar's Office, and a Regis- 
 trar's certificate (b) for the transfer bespoken (c). The certificate 
 when obtained must be left at the Chancery Pay Office, to- 
 gether with the order directing the conversion, or an office copy 
 thereof (d), and the transfer will then be effected (e). When the 
 operation has been performed the order will, on the application of 
 the person who left it, be returned to him, and a certificate of the 
 conversion, and that the amount, which is the value of the secu- 
 
 (s) Chancery Funds Rules, 1872, No. 
 41 ; post, p. 72 . For form of request, 
 see Appendix V., No. 43. 
 
 (i) The word used in the Court of 
 Chancery (Funds) Act (35 & 36 Vic. 
 c. 44, is "order," but this word, by 
 s. 3 {see post, p. 40), and Chan. Funds 
 Rules, 1872, No. 2 (see post, p. 59), 
 includes " decree. " 
 
 (u) The Court of Chancery (Funds) 
 Act, 1872 (35 & 36 Vic. u. 44), s. 16 ; 
 post, p. 46. 
 
 (x) Chan. Funds Rules, 1872, No. 
 28 ; post, pp. 68, 69. 
 
 (y) Chan. Funds Rules, 1872, No. 
 52; post, pp. 74, 75. For mode of ascer- 
 taining the value, see Chan. Funds Rules, 
 1872, No. 53 ; post, p. 75. 
 
 (z) Chan. Funds Rules, 1872, No. 
 28; post, pp. 68, 69. 
 
 (a The office copy will not be ac- 
 cepted unless the absence of the origi- 
 nal order is satisfactorily accounted for ; 
 Chan. Funds Rules, 1872, No. 29 : post, 
 p. 69. 
 
 (b) The certificate will not, without 
 a special direction of a judge, be is- 
 sued during a vacation in the Registrar's 
 Office; Chan. Funds Ord., 1872, No. 
 5 ; post, p. 79. As to the forms of the 
 certificate, see Chan. Funds Rules, 1872, 
 No. 29; post, p. 6fl. For form of cer- 
 tificate, see Appendix V., No. 44. 
 
 (c) Chan. Funds Rules, 1872, No. 
 52; post, pp. 74, 75. * 
 
 (d) See ante, p. 8, ib., a. (z). 
 
 (e) Chan. Funds Rules, 1872, No. 
 52 ; post, pp. 74, 75 ; and see ib. for 
 the mode in which the transfer is 
 effected. 
 
AND CONVERTING GOVERNMENT SECURITIES INTO CASH. 27 
 
 rities, has been placed to the credit of the cause or matter on Ch. IV. 
 which the securities were standing, may, in the discretion of cha^rylwds' 
 the Paymaster-General, be issued upon a written request on be- Rules, 1872, 
 half of any person claiming to be interested in the fund (/). *J°- j^^ of 
 
 When the whole of the proceeds arising from the realization of dividends on 
 any securities in Court, is' directed to be paid out or carried over securities 
 
 , . , , ,...,, . , ordered to be 
 
 in one sum, or in aliquot parts, any dividends accruing on such realised. 
 securities subsequent to the date of the order (g) directing the 
 realization, if the amount of such securities is specified therein 
 or if the amount is not so specified any dividends accruing sub- 
 sequent to the time when such amount is ascertained, are to be 
 added to such proceeds and applied therewith unless otherwise 
 directed (A). 
 
 Applications for the conversion of Consols, and Eeduced and Applications for 
 New Three per Cents, into cash, may be made by summons at g"^^^"^ £ ow 
 Chambers («'). made. 
 
 When an order is made for the distribution of money in Court, Where a share 
 and any share may not be immediately receivable by reason of P P a y able t0 an 
 
 i . . J , J J infant or person 
 
 the recipient being beyond seas or an infant, a direction may be beyond seas. 
 inserted in the order that the share be carried over to a separate 
 account and placed on deposit, and be, with any interest to accrue 
 thereon, paid to the recipient, if beyond seas, when applied for, 
 or if an infant, whose age is proved, on or after the day (speci- 
 fying it) on which he will attain twenty-one (A). 
 
 (/) See Chan. Funds Rules, 1872, (k) See 2. Dan. Ch. Pr. 1650 ; 
 
 No. 31 ; ante, p. 8; post, p. 70. For Fielden v. Hornby, W. N. (1870), 213; 
 
 forms of request and certificate, see Ap- Reg. Lib. 1870, A. 2056, V. C. S. ; 
 
 nendixV., Nos. 45, 46. Re Procter, 18 Mar. 1870. Reg. Lib. 
 
 (a) Seearafe, p. 19, n. (*). 1870 B. 745, V. C. S. ; Ee Hay, 9 
 
 (A) Chan. Funds Rules, 1872, No. July, 1870, Reg. Lib. A. 1915, M. R. 
 
 27 ; post, p. 68. For form "*"""'' TTtinTi fiPft A rr OTW 1iS 
 
 (j) Chan. Funds Ord., 1872, No. 6 ; Vj %, 4S /Vnr t,Ti H practice on sum-\ 
 post, p. 73 _* For form of summons, see — ^-lnons. see 2 Dan. Ch. Pr. 1050— 1070^/ 
 Appendix T^IToT 47. 
 
( 28 ) 
 
 CHAPTER V. 
 
 PAYMENT, TRANSFER, AND DELIVERY OF MONEY AND SECURITIES 
 OUT OF COURT. 
 
 Chancery Funds 
 Rules, 1872, 
 Nos. 17, 23. 
 Money and 
 securities only 
 paid, sold, trans- 
 ferred, or de- 
 livered out 
 under an 
 order, and re- 
 quest must be 
 left at Chancery 
 Pay Office. 
 
 Securities and effects (a) in Court will not be sold, trans- 
 ferred, or delivered out, and money in Court will not be paid out, 
 and money or securities in Court will not be carried over, except 
 in 'pursuance of an order (J) intituled in the cause or matter 
 whereon the money or securities are standing (c), and it is the 
 duty of the solicitor for the person having the carriage of an 
 order (&) dealing with money securities or effects in Court to leave 
 it without unnecessary delay at the Chancery Pay Office, together 
 with a written request, where necessary, that effect may be given 
 to the directions of the order, and the Paymaster-General is at 
 liberty to defer giving effect to the directions until a request 
 has been left(e). 
 
 (a) " Securities " only are mentioned 
 in Chan. Funds Rules, 1872, No. 17, 
 {see post, pp. 64, 65,) tut under that 
 word "effects" are included; seethe 
 Chancery (Funds) Act, 1872 (35 & 36 
 Vic. c. 44), s. 3 (see post, p. 40); 
 and Chan. Funds Rules, 1872, No. 2 
 (see post, p. 59). 
 
 (5) Under the word " order" is in- 
 cluded a " decree," Chan. Funds Rules, 
 1872, No. 2; see post, p. 59. 
 
 (c) Chan. Funds Rules, 1872, No.17; 
 post, pp. 64, 65 ; see also the Court of 
 Chancery (Funds) Act (35 & 36 Vic. c. 
 44), ss. 10—16; post, pp. 43—46. 
 When an application is madefor an order 
 in a cause or matter the title of which 
 differs in name, hut not in suhstancefrom 
 the title in the books at the Chancery Fay 
 Office, the funds should be expressed 
 to be "to the credit of this cause" 
 (or "matter") under the title of (as 
 in the Paymaster-General's certificate). 
 For mode of intituling orders dealing 
 with money or securities in Court, of 
 describing the money or securities, or 
 the source whence they are derived, 
 
 or the interest thereon, and the per- 
 sons to whom payments, transfers, or 
 deliveries out are to be made, Chan. 
 Funds Rules, 1872, Nos. 5—8, 22 (post, 
 pp. 60—62. 66), and Ord. XXIII. 3, 9 
 (Dan. Ch. Pr. 865—868, 1633, 1634, 
 1658 — 1660). In consequence of Chan. 
 Funds Rules, 1872, No. 6 (see post, 
 p. 61), directions in an order to appor- 
 tion by affidavit, or to calculate subse- 
 quent interest by affidavit, and pay the 
 amounts so verified, cannot be acted on 
 in the Chancery Pay Office. For forms 
 of orders for payment, transfer, or 
 delivery out of Court, and for car- 
 riage from one account to another, 
 see Appendix V., Nos. 49—52. As to 
 prospective orders for payment out of 
 Court, see 2Dan.Ch.Pr.,1650 ; Fielden 
 v. Hornby, W.N. (1870), 213, Reg. Lib. 
 A.1870, A.2056;Me Procter, 18March, 
 1870, Reg .Lib. 1870, B. 745, V.C.S., 
 and Re Say, 9 July, 1870, Reg. Lib. 
 1870, A., 1915. M. R. For form of/ 
 such order, see Appendix V., No. 48. *r 
 (e) Chan. Funds Rules, 1872, No. 23^i 
 post, p. 66. 
 
PAYMENT OF MONEY, ETC., OUT OF COUKT. 29 
 
 Dealings with money or securities in Court are frequently Ch. V. 
 directed to be conditional on the performance of some act or the Evident when ^ 
 happening of some event ; in such a case, when the operation is required by Pay- 
 bespoken, evidence that the act has been performed, or that the m^r-General 
 event has happened, must be left at the Chancery Pay Office : if anoe of the 
 the operation is contingent upon the execution of some document operation, 
 the evidence to be left is an office copy of a chief clerk's certificate 
 of the execution, unless the execution has been ordered to be 
 otherwise proved (/), in other cases, the evidence to be left is an 
 affidavit or statutory declaration (g) of the performance of the 
 act, or the happening of the event (A). 
 
 Dividends accruing subsequently to the date of the order directing Subsequent 
 the transfer or delivery of securities are (where the amount of the divid ? nds 011 
 securities to be transferred or delivered has been specified in the directed to be 
 order, or if not so specified, then dividends accruing subsequently transferred or 
 to the time when the amount of the securities is ascertainedjto company the 
 be paid to the persons to whom the securities are to be trans- securities, 
 ferred or delivered, unless the order otherwise directs, and when R 1 X a oe i872 Un s 
 dividends have been invested which would have been payable to No. 27. 
 the persons to whom the securities on which they have accrued 
 are directed to be transferred or delivered, the securities pur- 
 chased with such dividends, and any dividends accrued in respect 
 thereof, are, unless otherwise directed to be transferred, or de- 
 livered, or paid to the same persons (i) ; and where any dividends Order, 25 Feb., 
 on securities in Court are so dealt with by an order, that the same 1868, 
 ought not to be invested, but subsequently to the order, the 
 dividends,' or any portion thereof, have been invested, the secu- 
 rities in which such investment has been made are to be sold and 
 the produce of the sale applied in such manner as the dividends 
 were directed to be applied (k). 
 
 If the money, securities, or effects in Court are chargeable with Provision to be 
 Succession (Z) or Legacy (ot) duty, they will not be paid, trans- ™entof r Succes- 
 
 sion and Legaey 
 
 (/) Chan. Funds Rules, 1872, No. 7; (£) Ord. 25 Feb. 186S (L. E. 3 Chan. Duty. 
 
 post, p. 61. For forms of Chief Clerk's xlviii) ; 2 Dan. Ch. Pr. 1644. As to sale 
 certificates of execution, see Dan. Ch. of securities, see^osi, pp. 33 — 35, the 
 Forms, Nos. 1278, 1280, 1349, 1364. Paymaster-General's certificate of the 
 
 (g) See Chan. Funds Rules, No. 57, investment must be produced when the 
 ante, pp. 4, 10 ; post, p. 77. Registrar's certificate for the sale is be- 
 
 (h) For former practice in the Ac- spoken (Ord. 25 Feb. 1868, L. R. 3, 
 countant-General's Office as to evidence, Ch. xlviii). For form of certificate for 
 see 2 Dan. Ch. Pr. 1663. the sale, see Appendix V., No. 54. 
 
 (i) Chan. FundsRules, 1872, No. 27 ; (I) 16 & 17 Vie. c. 51 ; and see 24 
 
 post, p. 68. As to the transfer or de- & 25 Vic. c. 92 ; 28 & 29 Vic. 
 . livery out of securities, see, post, pp. u. 104. 
 
 33—35. For form of Registrar's cer- (m) 36 Geo. Ill, c. 52; 37 Geo. III. 
 
 fc Jificate for the transfer or delivery c. 135; 39 Geo. III. c. 73; 42 Geo. 
 /f such securities, see Appendix V., III. c. 99; 45 Geo. III. c. 28 ; 55 Geo. 
 No. 53. 
 
30 
 
 PAYMENT, TRANSFER, AND DELIVERY OF MONEY 
 
 Amount should 
 
 be inserted in 
 
 order, 
 
 or directed to 
 
 be verified by 
 
 affidavit. 
 
 If payable at a 
 future time it 
 should be com- 
 muted. 
 
 Ch. V. ferred, or delivered out,' until the duty has been paid, and where 
 
 ' the income of a fund in Court is directed to be paid out, or a part 
 of it is directed to be applied for maintenance or otherwise, pro- 
 vision must be made for the payment of the duty (n). If practicable, 
 the duty should be assessed, and on production to the Registrar 
 of the assessment signed by the Comptroller of Inland Revenue, 
 the assessed amount will be inserted in the order directing the 
 fund to be dealt with, at the time of its being drawn up. Cases 
 have occurred in which, the fund to be dealt with being subject 
 to the payment of unascertained costs, the Commissioners of 
 Inland Revenue have allowed a fixed sum to be deducted for esti- 
 mated costs, and assessed the duty on the residue so as to admit 
 of the amount of the duty being inserted in the order for the dis- 
 posal of the fund (o) ; but usually where the amount of the duty 
 is not ascertainable at the time of drawing up the order, the duty 
 should be directed to be assessed and the amount verified by 
 affidavit or statutory declaration (p). 
 
 Where the duty is payable at a future time, the better course is 
 to get it commuted by a present payment, and not to retain a 
 fund in Court to provide for the payment of it when it becomes 
 due (q). 
 Duty how paid. Where provision is made in an order (r) for the payment of 
 the duty, the amount of it (whether inserted in the order or 
 directed to be assessed and verified by affidavit or statutory 
 declaration (p) ) is ordered to be transferred to the account of the 
 Receiver-General of the Inland Revenue at the Bank of Eng- 
 land (s), and when the order is left at the Chancery Pay Office for 
 the purpose of carrying such direction into effect, there must be 
 left with it a requisition from the Commissioners of Inland 
 Revenue showing the amount of the duty and requesting the 
 transfer thereof to the Inland Revenue, the Paymaster-General 
 then sends to the Bank of England a certificate for the transfer of 
 
 III. u. 184; 8 & 9 Vic. e. 76 ; 13 & 14 
 Vic. c. 97, and see 16 & 17 Vic. c. 51 ; 
 24 & 25 Vic. c. 92 ; 28 & 29 Vic. 
 c. 104 ; 31 & 32 Vie. c. 124. 
 
 (n) 2Dan.Ch.Pr.l659;1600,andsee 
 16 & 17 Vic. c. 51, s. 53 ; Ord. XXIII. 
 9 ; Trevor's Taxes on Succession, 243 ; 
 Seton, 82 ; Reg. Regul. 15 Mch, 1860, 
 r. 18, (6 Jur. N. S. Pt. II. 112). The 
 Registrars have received directions to 
 provide for the payment of the duty 
 where the fund is carried to a separate 
 account, see Ord. XXIII. 9 ; 2 Dan. 
 Ch. Pr. 1659. 
 
 (») In Taylor v. Bv/rton, 23 March, 
 
 1872, Reg. Lib. 1872, B. 1291 
 where the duty at £3 per cent, on 
 £30,789 amounted to £923, £780 was 
 allowed for estimated costs of the suit 
 and the charges and expenses of admin- 
 istration on the Bill of Costs as made 
 out for taxation being produced to the 
 Comptroller of Inland Revenue. 
 
 (2?) i See Chan. Funds Rules, 1872. 
 JVo 57 ; ante, p. 10 ; post, p. 77 
 
 V $ > - K BaiUy v- nndall > 18 Jur! 668, 
 
 v'Kt r 55,°56: dera ' SeeApPendis 
 (s) Ord. 10 Jan. 1870, r. 1, (L.R. 5 ; 
 
AND SECURITIES OUT OF COURT. 
 
 31 
 
 Ch. V. 
 
 the amount of the duty from his account to the account of the 
 Beceiver-General (t), and the Bank of England transfers the 
 amount accordingly (w). 
 
 In order to procure the carrying over of money or securities Carrying over of 
 from one account to another account, the solicitor having the car- ^^^ m ' 
 riage of the proceedings must, without unnecessary delay, leave effected, 
 the order directing the carrying over, or an office copy thereof (x), 
 and any other necessary documents (s), at the proper division of 
 the Chancery Pay Office, together with a written request for the 
 carrying over (a). The carrying over will then he effected, and a 
 certificate that it has been effected may, in the discretion of the 
 Paymaster-General, be issued, upon a request in writing on 
 behalf of any person claiming to be interested in the money or 
 securities (J). 
 
 In order to obtain the payment of money out of Court, the Payment out 
 solicitor having the carriage of the precedings must) without un- how oWained - 
 necessary delay, leave the order directing the payment out or 
 an office copy of it (x), and any other necessary documents (z), 
 at the proper division of the Chancery Pay Office (/),and bespeak 
 cheques (ff) for the amounts to be paid. If the money is pay- 
 able to any official persons for whom an account is kept at the j n case f ffi c ; a i 
 Bank of England (such as the Ecclesiastical Commissioners for persons. 
 England, the Official Trustees of Charitable Funds, the Official 
 
 1870, 
 
 2 (L. R. 
 
 3 (L. R. 
 
 , ib. n. (z). The 
 possession of the 
 be ordered 
 
 Ch. xliv), 2'Dan. Ch. Pr. 1659, 1660. 
 For forms of orders providing under 
 the former practice for the payment of 
 the duty, see Seton, 82, 83. 
 
 (<) Ord. 10 Jan. 1870, r. 
 5 Ch. xliv). 
 
 (u) Ord. 10 Jan. 
 5 Ch. xliv). 
 
 (x) See ante, p. 
 solicitor who has 
 order will, if 
 to attend and produce it ; see Benyon 
 t. Amphlett, 8 Jur. N. S. 759, M. R. 
 and Zechmere v. Brazier, 1 Russ. 72, 
 76. 
 
 (z) Such as an office copy of a Chief 
 Clerk's or a Taxing Master's certificate, 
 or of an affidavit, or a statutory declara- 
 tion (see Chan. Funds Rules, 1872, 
 No. 57, ante, p. 10 ; post, p. 77), 
 specifying the amount and the account 
 to which the fund is to he carried 
 over, or proving the doing of the act, 
 or the happening of the event on 
 which the carrying over is to be made, 
 see ante, pp. 28, 29. 
 
 (a) See Chan. Funds Rules, 1872, 
 
 No. 23; post, p. 66. The solicitor's 
 fee for preparing the request is 2s. 6d.; 
 for form of request, see Appendix V., 
 No. 57. 
 
 (5) Chan. Funds Rules, 1872, No. 
 31 ; post, p. 70. For form of request 
 for, and of certificate of the carry- 
 ing over, see Appendix V., Nos. 58, 
 59. 
 
 (/) Chan. Funds Rules, 1872, No. 
 23 ; post, p. 66. 
 
 (g) As to the form of the cheque, 
 see Chan. Funds Rules, 1872, No. 18 ; 
 post, p. 65. The 16 & 17 Tic. c. 59, 
 s. 16, extends to the cheque, see the 
 Court of Chancery (Funds) Act, 1872 
 (35 & 36 Vic. c. 44), s. 11 ; post, p. 
 44 ; the cheque is exempt from stamp 
 duty, 33 & 34 Vic. c. 97, Sched. (Bill 
 of Exchange). "Where cheques signed 
 by the Accountant-General have not 
 been paid previously to the 7th Jan., 
 1873 (the date of the commencement 
 of the Rules, see Chan. Funds Rules, 
 1872, No. 1, post, p. 59), such cheques 
 may, without any other authority being 
 produced, be renewed by the Paymaster- 
 
32 
 
 PAYMENT, TRANSFER, AND DELIVERY OF MONEY 
 
 Ch. V. 
 
 Paymaster-Gene- 
 ral's cheque 
 when ready. 
 
 In case of cre- 
 ditors. 
 
 Cheques not 
 exceeding £25, 
 how made. 
 
 Periodical pay- 
 ments, how- 
 made. 
 
 Liquidator of any Company, or the Commissioners for the Keduc- 
 tion of the National Debt), a requisition (h) for the transfer of 
 the amount (stating it) from the Chancery Pay Office Account to 
 the account (citing it) of such official persons at the Bank 
 must be left with the other documents, and the amount payable 
 will then be directed to be written off the Chancery Pay Office 
 Account, and placed to the credit of the account of such offi- 
 cial person, and will be debited to the proper account in the 
 Paymaster-General's Books (k). 
 
 The cheque, which is generally ready on the next day but one 
 after it has been bespoken, must be received and indorsed by the 
 person in whose favour it is drawn (I), or his duly appointed attor- 
 ney (rri), and if the person receiving the cheque is not known in 
 the Chancery Pay Office, he must be identified by some solicitor 
 who is known there. Where an order is made for payment out 
 of Court to creditors, the party prosecuting the order is to send 
 to each creditor, or his solicitor (if any), a notice that his cheque 
 may be received (m). 
 
 If the cheque is for an amount not exceeding £25 (ri), it will 
 be cashed at an office which has been provided (o) adjoining to 
 the Chancery Pay Office in Chancery Lane. If the cheque exceeds 
 that amount, and is not cashed through a bank, it must 
 be taken to the Public Drawing Office at the Bank of 
 England, where the amount of the cheque will be paid to the 
 bearer (p). 
 
 The mode of paying the first dividend on securities is similar 
 to that adopted in paying principal money. 
 
 General, Chan. Funds Rules, 1872, 
 No. 20 ; see post, p. 65. 
 
 (h) For form of requisition, see Ap- 
 pendix V., No. 60. 
 
 (Jc) Chan. Funds Rules, 1872, No. 
 21 ; post, pp. 65, 66. 
 
 (I) See Chan. Funds Rules, 1872, 
 No. 18 ; post, p. 65. The cheque so en- 
 dorsed is a good discharge to the Pay- 
 master-General for the amount therein- 
 mentioned, Chan. Funds Rules, 1872, 
 No. 18 ; post, p. 65. 
 
 (m) Ord. 27 May, 1865, r. 12 (11 
 Jur. N. S. Pt. II. 233). The notice 
 may be sent by the post prepaid, Ord. 
 27 May, 1863, r. 13 (11 Jur. N. S. 
 Pt. II. 233). The solicitor conducting 
 the proceedings will, if necessary, on 
 an application at Chambers, be ordered 
 to attend and produce the order, see 
 t. Amphlett, 8 Jur. N. S. 
 
 759,M.R. and see Zechmere v. Brazier, 
 1 Russ. 72, 76, and see 2 Dan. Ch. Pr 
 1094—1096, 1661. For former form 
 of notice, see Ord. 27 May, 1865, Sched. 
 2, No. 7 (11 Jur. N. S. Pt. II. 235) ; 
 Dan. Ch. Forms, No. 1899. For 
 present form of notice, see AppendixV 
 No. 61. 
 
 (m) The nominal limit of the amount 
 paid in cash at the Paymaster's Office 
 is £25, but this limit is not ordi- 
 narily adhered to where the money 
 in the till on each day will admit of 
 payments to a larger amount being 
 made. 
 
 (o) Under the Court of Chancery 
 (Funds) Act, 1872, (35 & 36 Vice. 44), 
 b. 8, see ante, pp. 3, 4, 7, n. (k), and 
 post, p. 43. 
 
 (p) See Rep. Chan. Funds Com. 
 ixiii. 
 
AND SECURITIES OUT OF COURT. 33 
 
 Cheques for dividends, and other periodical payments as annui- Ch. V. 
 ties, and money for maintenance, are after the first payment drawn ™" ~J ' 
 without being bespoken (q). The delivery of cheques for divi- Wtownand 
 dends oh Government securities commences on the day the issuea ' 
 payment of the dividend is begun at the Bank of England- Evidence where 
 Many of the orders for these payments contain conditions to be tXT 1 
 fulfilled before payment can be made, in such cases evidence is 
 required by affidavit or statutory declaration (r) to show that the 
 condition, whatever it may be, has been fulfilled. If the cheque 
 is to be received under a power of attorney, the existence of the 
 payee's life has to be proved ; this is done by a request signed by 
 the payee under which is written a certificate, from the minister 
 and one of the churchwardens of the parish in which he resides, 
 or, in the absence of the minister, from both the churchwardens, 
 that he was alive on the day the payment became due, or by an 
 affidavit or statutory declaration (r) to the same effect (s). 
 
 The Chancery Funds Eules (1872) do not contain any pro- * ractice " t 
 visions with respect to the payment of money out of Court under out under powers 
 powers of attorney. It is therefore assumed that the former of attorney 
 practice (t) in this behalf will be continued until other supple- ccn mue ' 
 mentary provisions are made with respect to this and other kindred 
 subjects, as recommended by the Keport of the Chancery Funds 
 Commission. 
 
 In order to procure the sale, transfer, or delivery out of securi- Sale of and 
 ties or effects (w), the solicitor having the carriage of the proceed- ^ sfe o U tof °" 
 ings must leave the order directing the securities to be dealt securities and 
 with, or an office copy of it (x), as well as any other necessary effects. 
 documents («/), with one of the two Order of Course clerks in the Registrar's cer- 
 Eegistrar's Office, and bespeak a certificate for the sale, transfer, JjJ** ueces "- 
 or delivery out of the securities or effects (2). A certificate (a\ 
 
 (q) Where such periodical payments (x) The office copy will onlybeac- 
 
 were payable before the 7th of Jan. cepted if the absence of the original 
 
 1873 (the date of the commencement order is satisfactorily accounted for ; 
 
 of the Chan. Funds Rules, 1872, see Chan. Funds Rules, 1872, No. 29 ;post, 
 
 Chan. Funds Rules, 1872, No. 1 ; ante, p. 69. 
 
 p. 1 • ' post, p. 59), the Paymaster- (y) Such as in some cases the .Fay- 
 General will'continue such payments on master-General's certificate of the trans- 
 the authority of documents made use of fer in or carrying over of the securities 
 bvthe Accountant-General; Chan. Funds which are to be dealt with. 
 Rules 1872 No. 19 ; post, p. 65. (z) See the Court of Chancery (Funds) 
 
 (r)'Chan. Funds Rules, 1872, No. Act, (35 & 36 Vic. c 44), s. 10; mt, 
 
 V. 7 ante tip 10, 28, 29; post, p. 77. pp. 43, 44; Chan. Funds Rules, 1872, 
 
 (s) \ See Rep Chan. Fund? Com. Nos. 17, 26, 29,post, pp. 64, 65, 67, 69. 
 
 xxiv For forms of request, certifi- (a) As to the form of the certificate, 
 
 cate' affidavit, and statutory declara- see Chan. Funds Rules, 1872, No. 29 ; 
 
 turn see Appendix V„ Nos. 62-65. post, p. 69, and see Reg. Regul. 15 
 
 (0 For the former practice, see 2 March, 1860,r.39, (6 Jur. N.S. Pt. II., 
 
 Dan' Ch. Pr. 1665, 1666. 118); Seta, 78-82 For forms, see 
 
 (m) See ante, p. 28, n. (a). Appendix V., Nos. 66-68. 
 
34 
 
 PAYMENT, TRANSFER, AND DELIVERY OF MONEY 
 
 Ch. V. 
 
 Sale how- 
 effected. 
 
 Transfer how 
 effected. 
 
 signed by one of the Eegistrars, will then be issued. The 
 certificate will not, without a special direction of a judge, be 
 issued during any vacation in the Eegistrar's Office (c). The 
 order, or an office copy thereof (d), and the Eegistrar's certifi- 
 cate, are then, together with any other necessary documents (e), 
 left at the proper division of the Chancery Pay Office, and the 
 operation will be effected 
 
 In the case of a sale the Paymaster-General issues a direction (g) 
 to the Bank of England to receive the proceeds of such sale and place 
 them to the Chancery Pay Office Account, and upon production of 
 a receipt from the Bank of England for the proceeds of the sale 
 and of the Eegistrar's certificate, countersigned by the Paymaster- 
 General, the Bank of England, or the Body Corporate or Com- 
 pany in whose books or with whom the securities or effects («') 
 are standing or deposited, is to cause the transfer or delivery of 
 the securities necessary to complete the sale to be made (k). A 
 certificate of the sale having been made may be issued by 
 the Paymaster-General upon a written request on behalf of 
 any person claiming to be interested in the securities or 
 effects (I). 
 
 In the case of a transfer out of Court the solicitor having the 
 carriage of the proceedings must, before leaving the papers at the 
 Chancery Pay Office, sign in his own name (and not in the 
 name of his firm), at the foot of the Eegistrar's certificate, a 
 memorandum stating the name, address, and description of the 
 person into whose name the transfer is to be made. A direc- 
 tion for the transfer will then be issued, and upon receiving it, 
 and the Eegistrar's certificate, countersigned by the Paymaster- 
 General, the Bank of England, or Body Corporate or Company, 
 in whose books the securities are standing, are to cause the trans- 
 fer to be made, and send such direction to the Chancery Pay Office, 
 with a certificate thereon that the transfer therein mentioned has 
 been made (m). A certificate of the transfer having been effected 
 may, in his discretion, be issued by the Paymaster-General, upon 
 
 (c) Chan. Funds Orders, 1872, No. 5, 
 post, p. 79. 
 
 (d) See ante, p. 8, ib. n. (a). 
 
 (e) Such as an office copy of a Chief 
 Clerks' certificate, or of an affidavit, or 
 statutory declaration, (see Chan. Funds 
 Rules, 1872, No. 57 ; post, p. 77), 
 specifying the amount to be sold, or 
 proving the performance of the act, or 
 the happening of the event on which 
 the sale is to be made, or specifying the 
 persons to whom the proceeds of the 
 sale are to be paid, and see ante, pp. 28, 
 
 29. 
 
 (g) As to the form of the direction 
 see Chan. Funds Rules, 1872. No 25 '• 
 post, p. 67. 
 
 (i) See ante, p. 28, n. (a). 
 
 (k) Chan. FundsRules, 1872,No 25- 
 post, p. 67. ' 
 
 (0 Chan. Funds Rules, 1872, No 
 31 ; post, p. 70. For forms of request 
 and certificate of sale, see Appendix V 
 Nos. 69, 70. «"«"*!., 
 
 (ro) Chan. Funds Rules, 1872, No 
 26 ; post, pp. 67, 68. 
 
AND SECURITIES OUT OF COURT. 
 
 35 
 
 a written request on behalf of any person claiming to be interested 
 in the securities (o). 
 
 When securities transferable by delivery or effects deposited in 
 Court are to be delivered out, the Paymaster-General issues a 
 direction (p) for the delivery out which, together with the Regis- 
 trar's certificate, is given to the person to whom the delivery is 
 to be made, who must attend and be identified at the Chancery 
 Pay Office, as if he were receiving a cheque (#). If he cannot 
 attend personally he must give a power of attorney to some one 
 to receive the Registrar's certificate for him. A receipt is then 
 given for the certificate. The direction and the Registrar's 
 certificate, countersigned by the Paymaster-General, must then be 
 taken to the Bank of England, and upon production of the direction 
 and certificate the Bank of England is to cause the delivery of the 
 securities or effects to be made accordingly, and to return the direc- 
 tion to the Chancery Pay Office with a certificate thereon that the 
 delivery therein mentioned has been made (s). A certificate of the 
 delivery having been effected may, in his discretion, be issued by 
 the Paymaster-General, upon a written request on behalf of any 
 person claiming to be interested in the securities or effects (t). 
 
 Where a person to whom money in Court is payable, or securi- 
 ties or effects (u) in Court are transferable or deliverable in 
 pursuance of an order (x), is dead, and he is not expressed therein 
 to be entitled as a trustee, executor, or administrator, or in any 
 character other than in his own right, such money, securities, or 
 effects, or any portion thereof, for the time being unpaid or un- 
 transferred, or undelivered, may, on proof of the death of such 
 person, be paid, transferred, or delivered to the legal personal 
 representatives of such deceased person or to the survivors or 
 survivor of them ; and when money in Court is directed by an 
 order (a) to be paid to any persons described in an order , or Chief 
 Clerk's certificate as partners, such money may be paid to any one 
 or more of such partners (y). 
 
 Where any money is directed to be paid out cf Court to 
 
 Ch. v. 
 
 Delivery out of 
 securities and 
 effects. 
 
 Chancery Funds 
 Rules, 1872, 
 No. 22. 
 
 Payment or 
 delivery to re- 
 presentatives 
 of deceased 
 persons. 
 
 Money payable 
 to one partner. 
 
 Order I., 4, 5. 
 Money payable 
 
 (o) Chan. Funds Rules, 1872, No. 
 31; post, p. 70. For forma of request 
 and certificate, see Appendix V., Nos. 
 71, 72. 
 
 (p) As to the form of the direction, 
 see Chancery Funds Rules, 1872, No. 
 26; post, pp. 67, 68. 
 
 (q) See ante, p. 32. 
 
 (s) Chan. Funds Rules, 1872, No. 
 26; post, pp. 67, 68. 
 
 (0 Chan. Funds Rules, 1872, No. 
 31 ; post, p. 70. For form of request and 
 certificate, see Appendix V., Nos. 73, 74. 
 
 (it) See ante, p. 28, n. (a). 
 
 (x) See ante, p. 8, ib. n. (z). 
 
 \y) Chan. Funds Rules, 1872, No. 22; 
 post, p. 66. This rule will be construed 
 strictly, e.g. where a person entitled as 
 rector to the dividends of a fund in court 
 dies after a dividend is due, such dividend 
 will not be paid according to this rule, 
 as he was not entitled in his own 
 right. For former practice, see Ord. 
 I., 6, 10 ; 2 Dan. Chan. Pr. 1663, 
 1664. 
 
 d 2 
 
36 
 
 Ch. V. 
 
 to personal re- 
 presentatives 
 may be paid to 
 survivors of 
 them. 
 
 Evidence of 
 death required 
 by the Pay- 
 master-General. 
 
 Ord. I, 8, 9. 
 
 Payment not 
 made without 
 further order to 
 personal repre- 
 sentatives under 
 a grant made 
 more than sir 
 years after order 
 for payment or 
 last receipt of 
 interest or 
 dividends. 
 
 Ord. I., 7, 8. 
 Transfer or de- 
 livery out of 
 securities to 
 legal personal 
 representatives 
 of deceased 
 persons or the 
 survivors of 
 them. ■ 
 
 PAYMENT, TEANSFEB, AND DELIVEKY OF MONEY 
 
 persons to be named in a Chief Clerk's certificate, and a sum is 
 certified to be due to any persons as legal personal representa- 
 tiTes, the same or any portion thereof for the time being remain- 
 ing unpaid may, upon proof to the Paymaster-General of the 
 death of any of them, be paid to the survivor of them (*) ; and 
 where any money is directed to be paid out of Court to the legal 
 personal representatives of any person, or to any persons as legal 
 personal representatives, the same or any portion thereof for the 
 time being remaining unpaid may, upon proof to the Paymaster- 
 General of the death of any such legal personal representatives, 
 be paid to the survivors or survivor of them («/). 
 
 The Paymaster-General, requires the same proof of death and 
 representation as is required by the Court — that is, the produc- 
 tion of the probate or letters of administration, or an official copy 
 of the grant thereof, under the seal of the Court of Probate (s), 
 and an office copy of an affidavit, to which the probate, or 
 letters, or official copy, together with a certificate of the per- 
 son's death or burial (a) are made exhibits, and which iden- 
 tifies him as the person named therein, and in the decree, order, 
 Taxing Master or Chief Clerk's certificate, affidavit, or other 
 document under which the payment is to be made (b). 
 
 No principal sum of money will be paid out of Court to the 
 legal personal representatives of any person under any probate or 
 letters of administration purporting to be granted at any time 
 subsequent to the expiration of six years from the day of the 
 date of the decree or order (c), and no interest or dividend will be 
 paid out of Court to the legal personal representatives of any 
 person under any probate or letters of administration purporting 
 to be granted at any time subsequent to the expiration of six 
 years after the day of the date of the decree or order directing the 
 payment, or after the last receipt of the interest or dividends 
 under the decree or order which shall last happen (d). 
 
 When securities are directed to be transferred or delivered out 
 . of Court to the legal personal representatives of any person, or to 
 any persons as legal personal representatives of any person, the 
 Registrar may, upon proof of the death of any such representa- 
 tives, issue a certificate authorising the transfer or delivery of 
 such securities to the survivors or survivor of them ; and if any 
 
 (x) Ord. I. 4. 
 (y) Ord. I. 5. 
 («) See 1 Dan. Ch. Pr. 773, n. (n). 
 
 (a) See 1 Dan. Ch. Pr. 761. 
 
 (b) The practice stated in Clayton v. 
 Greaham, 10 Ves. 288, is not now fol- 
 lowed. For forms of affidavit, see Dan. 
 Ch. Forms, Nos. 1915—1917. In the 
 
 absence of a burial certificate an affida- 
 vit made by a person to the effect that 
 he saw the deceased person dead, or 
 attended his funeral, will be received 
 as evidence of his death. 
 
 (c) Ord. I. 8. 
 
 (d) Ord. I. 9. 
 
AND SECURITIES OUT OF COURT. 37 
 
 securities are directed to be transferred or delivered out of Court Ch. V. 
 
 to any person, or his legal personal representatives, the Registrar ^~ — ~ ' 
 
 may, upon proof of the death of such person, isBue a certificate 
 authorising the transfer or delivery of such securities to such 
 legal personal representatives, or the survivors or survivor of 
 them (e), but no securities are to be transferred or delivered out 
 of Court to the legal personal representatives of any person, under 
 any probate or letters of administration purporting to be granted 
 at any time subsequent to the expiration of six years from the 
 day of the date of the. decree or order (/). 
 
 Previously to issuing in such cases, certificates for the transfer Registrar's cer- 
 or delivery of securities, the following evidence is required to be ^^ r for sucl1 
 produced :— (I.) If the order directs such transfer or delivery to delivery. 
 the legal personal representatives of a deceased person named in 
 the order, but without naming such representatives in the order, 
 and any of such representatives are dead, leaving survivors or a 
 survivor, the probate or letters of administration of the deceased 
 person named in the order, and an office copy of an affidavit of his 
 identity, a certificate of the burial of the deceased representative, or 
 an official extract from the register of deaths (g) of his death and 
 an affidavit of his identity; (II.) If the order directs such transfer 
 or delivery to any persons named in an order as the legal personal 
 representatives of a deceased person, and any of such repre- 
 sentatives are dead, leaving survivors or a survivor, a certificate 
 of the burial of such deceased representative, or an official extract 
 from the register of deaths (ff) of his death, and an office copy of 
 an affidavit of his identity ; (III.) If the order directs such transfer 
 or delivery to any person named in the order, or bis legal personal 
 representatives, and such person is dead, the probate or letters of 
 administration, a certificate of the burial of such deceased person, 
 or an official extract from the register of deaths (g) of his death, 
 and an office copy of an affidavit of his identity, and if any of the 
 legal personal representatives are also dead, leaving survivors or a 
 survivor, the further evidence required in the first mentioned case (h) . 
 
 Applications under the Copyhold Acts (I) respecting any secu- Applications 
 rities or money in Court are to be made by summons at Chambers ™der Copyhold 
 
 (e) Ord. I. 7. 40, n. (6 Jur. N. S. Pt. II. 114). For 
 
 (/) Ord I 8. forms of affidavits, see Reg. Regul. 15 
 
 (g) Under the seal of the General Mch. 1860, r. 40, (6 Jur. N. S. Pt. II. 
 
 Register Office, see 1 Dan. Ch. Pr. 114), and Dan. Ch. Forms, Nos. 
 
 p. 761. 1915—1917. 
 
 (k) Reg. Regul. 15 Mch. 1860, r. (Z) 4 & 5 Vic. c. 35 ; 6 & 7 Vic. c. 
 
 40, (6 Jur. N. S. Pt. II. 113). The 23 ; 15 & 16 Vic. c. 51 ; 21 & 22 Vic. 
 
 affidavits must not be made by or sworn c. 94. For former practice under these 
 
 before one of the executors or adminis- Acts, see 2 Dan. Ch. Pr. 1928 — 1930. 
 
 tratovs; Reg. Regul. 15 Mch. 1860, r. 
 
38 
 
 PAYMENT, TRANSFER, AND DELIVERY OF MONEY, ETC. 
 
 Ch. V. 
 
 Acts to be made 
 at Chambers. 
 Chancery Funds 
 Orders, 1872, 
 No. 7. 
 
 Form of petition 
 respecting fund 
 in list of dor- 
 mant accounts. 
 
 and notice of such application is not to be given to the Copyhold 
 Commissioners except when directed by the Judge (m). 
 
 When a cause or matter has been inserted in the list of ac- 
 counts, undealt with for fifteen years and upwards, the fact is to 
 be stated in any petition to the Court affecting money or secu- 
 rities on the credit of such cause or matter (n). 
 
 (m) Chan. Funds Ord. 1872, No. 8; 
 post, p. 79; which also provides that 
 this order is to be deemed an additional 
 article to Ord. XXXV. 1. For forms of 
 summons see Appendix V.,Nos. 75, 76. 
 
 (n) Chan. Funds Ord. 1872, No. 7 ; 
 post, p. 79; see as to such list, ante, 
 p. 10, and Chan. Funds Rules, 1872, 
 No. 51; post, pp. 75, 76. 
 
( 39 ) 
 
 APPENDIX I. 
 
 THE COURT OV CHANCERY (FUNDS) ACT, 1872 (35 & 36 VIC. C. 44). 
 
 An Act to abolish the office of Accountant- General of the High 
 Court of Chancery in England, and to amend the law respect- 
 ing the investment of money paid into that Court, and the 
 security and management of the moneys and effects of the suitors 
 thereof. * [Royal Assent, 6th August, 1872.] 
 
 Whereas it is expedient to abolish the office of the Ac- 
 countant-General of the High Court of Chancery in England, 
 and to make provision respecting the transaction of the business 
 of the office of the said Accountant-General, and the securing on 
 the Consolidated Fund and managing the moneys, effects, and 
 securities of the suitors of the said Court : 
 
 And whereas the Commissioners acting under a commission 
 issued by Her Majesty to inquire amongst other matters into the 
 provisions for the custody and management of the stocks and 
 funds of the Court of Chancery of England, and to suggest im- 
 provements therein, by their report, dated the seventeenth of 
 February, one thousand eight hundred and sixty-four, reported 
 that it was expedient to establish a deposit account for suitors' 
 moneys in the Court of Chancery, and to allow to the suitors in- 
 terest at the rate of two per cent, per annum upon the moneys 
 belonging to them whilst in the custody of the Court, but with- 
 out depriving them of the right to require the investment thereof 
 at any time on their own behalf and at their own risk (a) ; ■ 
 
 And whereas it is expedient to provide for the establishment of 
 such deposit account : 
 
 Be it 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 ; (that is to say,) 
 
 1. This Act may be cited as " The Court of Chancery (Funds) short titie. 
 Act, 1872." 
 
 (a) For this Report, see 10 Jur. N.S, Pi It. 127—130 ; Solicitors' Journal 
 for 1864, 409. 
 
40 
 
 THE COUET OF CHANCERY (FUNDS) ACT, 1872. 
 
 Appendix I. 
 
 See. 2. 
 Commencement 
 of Act. 
 
 Sec. 3. 
 Definitions. 
 
 2. This Act shall, save as regards the making of rules and 
 general orders as hereinafter mentioned, come into operation upon 
 a day to be fixed by a rule to be made under this Act in that 
 behalf (c), which day is hereinafter referred to as the commence- 
 ment of this Act, and as to the making of any rules and general 
 orders thereunder this Act shall come into operation on the day 
 of the passing thereof. 
 
 3. In this Act— (d) 
 
 The term " the Treasury" means the Commissioners of Eer 
 Majesty's Treasury for the time being, or any two or more 
 of them : 
 
 The term "Court of Chancery" means the High Court of 
 Chancery of England, and includes the Lord Chancellor and 
 any other judge intrusted with the care and commitment of 
 the custody of the persons and estates of persons found idiot, 
 lunatic, or of unsound mind : 
 
 The term "order of the Court of Chancery" means such order, 
 decree, report, certificate, or direction of the Court of Chan- 
 cery as defined by this Act, or any judge or officer thereof, 
 as may be prescribed by a rule made under this Act (e) : 
 
 The term "general order of the Court of Chancery" means a 
 general order made by the Lord Chancellor, either alone or 
 with the assistance of other judges, and either in Chancery 
 or in Lunacy : 
 
 The term " person " includes a body corporate and company : 
 
 The term " dividends " includes interest or other periodical 
 produce : 
 
 The term " Government securities " means any annuities, ex- 
 chequer bonds, exchequer bills, and other parliamentary 
 securities of the Government of the United Kingdom : 
 
 The term " securities " includes Government securities, and any 
 security of any foreign state, any part of Her Majesty's 
 dominions out of the United Kingdom, or any body corporate 
 or company, or standing in bookB kept by any body corpo- 
 rate, company, or person in the United Kingdom, and all 
 stock funds and. effects (/) : 
 
 The term " securities in court " means any securities as defined 
 by this Act standing or deposited in the name or to the 
 credit or account of the Accountant- General of the Court of 
 
 (c) The 7th Jan. 1873, was fixed as 
 the day for the commencement of the 
 Act, Chan. Funds Rules, 1872, No. 1; 
 ante, p. 1 ; post, p. 59. 
 
 {d) See Chan. Funds Eules, 1872, 
 No. 2 ; post, p.p 59, 60 ; Chan. Funds 
 Orders, 1872, No. 2 ; post, p. 78. 
 
 (e) See Chan. Funds Eules, 1872, 
 No. 2 ; ante, pp. 19, u. (k), 24, n. (d), 
 26, n.(«), 28, n. (6) ; post, p. 59. 
 
 (/) Ante, pp. 8, n. (6), 12, n. (5), 
 28, n. (a) ; Chan. Funds Rules, 1872, 
 No. 2 ; post, p. 59. 
 
35 & 36 vie. chap. 44. 41 
 
 Chancery or of the Paymaster-General on behalf of the Court Appendix I. 
 
 of Chancery, or placed to the credit of a cause, matter, or " ' 
 
 account in that Court : 
 The term "money in Court" means any sum of money paid 
 into the Bank of England with the privity of the Accountant- 
 General of the Court of Chancery or of the Paymaster-Gene- 
 ral on behalf of the Court of Chancery, or placed to the credit 
 of any cause, matter, or account in the Court of Chancery, 
 and includes dividends on securities in court and interest on 
 money on deposit. 
 
 Accountant- General's Office. 
 
 4. On the commencement of this Act the office of the Accoun- Sec. 4. 
 tant-General of the Court of Chancery shall be abolished, and ^^ c °f 
 Her Majesty's Paymaster-General (in this Act referred to as the countant-Gene- 
 Paymaster-General) for the time being shall perform all the ™l of the Court 
 duties and exercise all the powers and authorities which before performance oT 
 the commencement of this Act were performed by or vested in or duties by Pay- 
 capable of being exercised by the Accountant-General of the ma * ter GeneraJ - 
 Court of Chancery : Provided that nothing in this Act shall 
 
 render the Paymaster-General incapable of being elected to or 
 sitting or voting in the House of Commons, or cause a member 
 of the House of Commons upon becoming Paymaster-General to 
 vacate his seat. 
 
 The Paymaster-General may do any act, sign or execute any 
 instrument, and exercise any authority required or authorised to 
 be done, signed, executed, or exercised by him for the purposes 
 of this Act, or any rule made thereunder, by a deputy or deputies 
 appointed by him in writing under his hand {g). 
 
 5. The Consolidated Fund of the United Kingdom shall be Sec. 5. 
 liable to make good to the suitors of the Court of Chancery all ^ff^ 7 , "1 Con " 
 money in Court and all securities in Court, whether the same f or default of 
 have been paid, transferred, or deposited into or in Court before Paymaster- 
 
 or after the commencement of this Act, and all money and secu- enera ' 
 rities vested in the Paymaster-General for the time being by or in 
 pursuance of this Act ; and if the Lord Chancellor, either with 
 or without a representation made to him by any suitor of the 
 Court of Chancery, certifies to the Treasury in writing that the 
 Paymaster-General has failed to pay any money in Court, or 
 transfer or deliver any securities in Court, required by any order 
 of the Court of Chancery to be paid, transferred, or delivered 
 from his account, or has been guilty of any default with respect 
 
 (g) Ante, pp. 2, 6. 
 
42 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 Sec. 6. 
 Construction of 
 Acts, &c. 
 referring to 
 Accountant- 
 General. 
 
 Appendix I. to such money or securities, the Treasury shall cause to be paid 
 out of the growing produce of the Consolidated Fund into the 
 Bank of England, to the credit of the Paymaster-General for the 
 time being on behalf of the Court of Chancery, such sum of 
 money as may be certified by the Lord Chancellor in writing to 
 be required to pay the money so required to be paid, or to replace 
 the securities so required to be transferred or delivered, or make 
 good such default (h). 
 
 6. Where under any Act (whether passed before or after the 
 commencement of this Act), or otherwise, any money or secu- 
 rities would, if this Act had not passed, be capable of being paid, 
 transferred, or deposited to or into or in the name of or to the 
 account or credit of or with the privity of the Accountant-General 
 of the Court of Chancery, or the Accountant-General of the Court 
 of Exchequer, or to or into or in the Court of Chancery, the same 
 shall after the commencement of this Act be paid, transferred, or 
 deposited to the credit or account of or with the privity of the 
 Paymaster-General for the time being on behalf of the Court of 
 Chancery, and shall be subject to the like trusts, orders, direc- 
 tions, powers, and provisions as if he were the Accountant-Gene- 
 ral of the Court of Chancery or Court of Exchequer, as the case 
 may be, and the orders of the Court of Chancery relating thereto 
 shall have the same effect as the like orders of the Court of 
 Chancery or Court of Exchequer would have had if this Act had 
 not passed. 
 
 All Acts of Parliament, all rules and orders made in pursuance 
 of any Act of Parliament, all general orders of the Court of 
 Chancery, all orders of the Court of Chancery, and all instru- 
 ments and proceedings of every description referring to the 
 Accountant-General of the Court of Chancery or Court of Ex- 
 chequer, shall, subject to the provisions of this Act and 
 of any rule made thereunder, be construed and put into execu- 
 tion as if the Paymaster-General for the time being were 
 therein named or referred to in place of such Accountant-General, 
 so however that all money and securities shall be paid, trans- 
 ferred, or deposited to the credit or account of the Paymaster- 
 General for the time being on behalf of the Court of Chancery, 
 and not into the name of the person who is such Paymaster- 
 General.. 
 
 Provided that nothing iu this section shall affect the Queen's 
 Eemembrancer, or the performance by him of any duties formerly 
 performed by the Accountant-General of the Court of Exchequer, 
 
 (h) Antc,vp. 2, 6, n. (c). 
 
35 & 36 vie. chap. 44. 43 
 
 or apply to any act, rule, order, instrument, or proceeding relating Appendix I. 
 to such duties («'). " ' 
 
 7. All general orders of the Court of Chancery, and all orders Sec. 7. 
 of the Court of Chancery, and all instruments and proceedings ^tos^ "* 
 relative to business of the Conrt of Chancery to be transacted by 
 
 the Paymaster-General in pursuance of this Act (in this Act re- 
 ferred to as Chancery business) shall, after the commencement of 
 this Act, be framed and expressed in such manner as may be 
 necessary for carrying the provisions of this Act with respect to 
 the Accountant-General and Paymaster-General into effect (/). 
 
 8. The Treasury shall cause the Paymaster-General to keep, in Sec. 8. 
 the neighbourhood of the place where the Court of Chancery ordi- master^neral 
 narily holds its sittings, an office for the purpose of carrying on for Chancery 
 Chancery business, and for making for the purpose of Chancery busmess - 
 business payments of small amount in cash, and shall from time 
 
 to time provide such clerks and officers as are necessary for con- 
 ducting sueh business and making such payments (Jc). 
 
 9. All securities and money vested in the Paymaster-General in Sec. 9. 
 pursuance of this Act shall vest in the Paymaster-General for the Vesting °^ P r °- 
 time being on behalf of the Court of Chancery without any con- master-General 
 veyance, assignment, or transfer, notwithstanding the death or for time being. 
 removal from office of the person who is Paymaster-General, and B . 7. '54' <j' 3.' 
 shall be held by him in trust to attend the orders of the Court of »■ !<■ 
 Chancery, and all acts done by the Paymaster-General with refer- 
 ence to such securities and money in pursuance of an order of the 
 
 Court of Chancery shall be valid and effectual (I). 
 
 10. All securities from time to time transferred, standing, or Sec. 10. 
 deposited into, in, or to the account of the Paymaster-General in Tran ^ r of 
 pursuance of this Act, shall be held by the Paymaster-General in receipt of 
 trust in the several causes and matters in which such securities dividends. 
 are transferred, standing, or deposited respectively, and shall not 
 
 be transferred, sold, or delivered out except in pursuance of an 
 order of the Court of Chancery, but the certificate of a registrar 
 of the Court of Chancery or of a master or registrar in lunacy 
 countersigned by the Paymaster-General shall be sufficient evi- 
 dence of the order referred to in the certificate, and of the 
 directions contained in such order, and shall be a necessary and 
 sufficient authority to the Governor and Company of the Bank of 
 England and every person for transferring on sale or otherwise 
 or delivering out any securities standing in the books of or 
 deposited with such bank or person to the credit or account of 
 the Paymaster-General for the time being on behalf of the Court 
 
 (t) Ante, p. 7; and see Chan. Funds . (7c) Ante, pp. 3, 4, 7, 32. 
 Rules, 1872, No. 4 ; post, p. 60. (I) Ante, p. 6, n. (c). 
 
 (f) Ante, p. 6, u. (c). 
 
44 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 Appendix I. 
 
 Sec. 11. 
 Application of 
 16 & 17 Vict, 
 c. 59, to 
 cheques, &c. of 
 Paymaster- 
 General. 
 
 Sec. 12. 
 Forgery of signa- 
 ture of Pay- 
 master-General 
 or his deputy. 
 24 & 25 Vict, 
 c. 98. ». 33. 
 
 "\ 
 
 of Chancery, and the securities directed by any such certificate to 
 be transferred or delivered out shall be transferred or delivered out 
 accordingly on behalf of the Paymaster-General by some officer of 
 such bank or person (rn). 
 
 The Governor and Company of the Bank of England shall, by 
 one of their cashiers or some other proper officer, from time to 
 time receive all dividends accruing due on all securities which 
 are standing to the account of the Paymaster-General for the 
 time being on behalf of the Court of Chancery, of which a certi- 
 ficate has been sent to them by the Paymaster-General, and shall 
 also receive any principal money payable in respect of any of such 
 securities, and the said certificate shall be a sufficient authority to 
 them to receive such dividends and principal money ; and any 
 receipt given by the said Governor and Company, or one of their 
 cashiers or other proper officer, for any dividends on any securities 
 standing to the said account, or any principal money payable in 
 respect of any such securities, shall be a good discharge for the 
 same ; and the said Governor and Company shall place all money 
 received by them in pursuance of this section to the credit of the 
 Paymaster-General for the time being, on behalf of the Court of 
 Chancery (n). 
 
 11. Section nineteen of the Act of the session of the sixteenth 
 and seventeenth years of the reign of Her present Majesty, 
 chapter fifty-nine, intituled "An Act to repeal certain stamp 
 " duties, and to grant others in lieu thereof, to amend the laws 
 " relating to stamp duties, and to make perpetual certain stamp 
 " duties in Ireland," (which section relates to the endorsement 
 of drafts or orders drawn upon bankers for the payment of 
 money,) shall extend to any document issued by the Paymaster- 
 General in pursuance of this Act, which authorises the payment 
 of money (o). 
 
 IS. The provisions of the Act of the twenty-fourth and twenty- 
 fifth years of the reign of Her present Majesty, chapter ninety- 
 eight, intituled " An Act to consolidate and amend the Statute 
 " Law of England and Ireland relating to indictable offences by 
 " forgery," which have reference to the forging or altering of any 
 instrument made or purporting to be made by the Accountant- 
 General of the Court of Chancery, shall apply to every instrument 
 made, signed, or countersigned, or purporting to be made, signed 
 or countersigned, by the Paymaster-General, or any deputy clerk 
 or officer of the Paymaster-General, and to the forgery and altera- 
 {m) Ante pp. 6, n. (c), 28, n. (c), 5, post, p. 79. 
 
 25—29, 52 ; post, pp, 
 
 ■, 67-69, 
 
 74, 75. Chan. Funds Ord. 1872, No 
 
 (o) Ante, p. 6, a. («), 28, a. (c), 3l| 
 
35 & 36 VIC. chap. 44. 
 
 45 
 
 ec. 13. 
 Indemnity to 
 Bank of 
 England. 
 
 tion of any signature or countersignature of such Paymaster- Appendix I. 
 General, deputy, clerk, or officer (p). 
 
 13. Nothing in this Act shall be deemed to require the Governor 
 and Company of the Bank of England to keep the account of the 
 Paymaster-General on behalf of the Court of Chancery cause- 
 wise (g), and the Governor and Company of the Bank of England 
 are hereby indemnified for all acts and things done or permitted 
 to be done in pursuance of this Act, or of any rule purporting to 
 be made thereunder, or of any order of the Court of Chancery 
 made or purporting to be made in pursuance of this Act or of 
 any such rule, or done or permitted to be done in pursuance of 
 any certificate signed and countersigned as directed by this Act, 
 and such acts and things respectively shall not be questioned or 
 impeached in any court of law or equity to the detriment of such 
 Governor and Company (r). 
 
 Deposit Account. 
 
 14. Save as otherwise provided by any rule made under this Sec. 14. 
 Act, all money in Court paid in either before or after the com- ^^d^ori*"* 
 mencement of this Act shall, subject to the provisions of this Act account. 
 
 and of any rule made thereunder, be placed on deposit (s), and in 
 the case of money in Court paid in after the commencement of 
 this Act without any application or request for that purpose, and 
 when so placed on deposit shall bear interest at the rate of two 
 per cent, per annum together with any income tax chargeable 
 thereon. 
 
 Any money which may at any time be standing to the credit of 
 the Paymaster-General on behalf of the Court of Chancery beyond 
 the amount which the Paymaster-General considers to be required 
 for meeting current demands shall be placed in the hands of the 
 Commissioners for the Eeduction of the National Debt, who shall 
 from time to time pay to the credit of the Paymaster-General on 
 behalf of the Court of Chancery such sum as, with the money to 
 the like credit, may be certified by him to be required to meet 
 current demands, and the Consolidated Fund of the United King- 
 dom shall be liable to make good all money so placed in the hands 
 of the Commissioners for the Eeduction of the National Debt, and 
 the interest payable on sums placed on deposit, in like manner as 
 it is liable to make good money in Court {t). 
 
 15. Any money in Court paid in either before or after the com 
 
 (p) Ante, p. 6, u. (c), 28 n. (c). 
 {q) Ante, p. 9, u. (i). 
 (r) Ante, p. 9, n. (i) 28, n. (c). 
 (s) As to placing money on deposit, 
 see ante, pp. 3, 19—23. Chan. Funds 
 
 Rules, 1872, Nos. 33—48, 51, 52 ; post, 
 pp. 70—75. 
 
 (t) Ante, pp. 9, 10; Chan. Funds 
 Rules, 1872, Nos. 49, 50; post, p. 74. 
 
 Sec. 15. 
 Saving for in- 
 vestments made 
 
46 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 Appendix I. 
 
 under order of 
 Court. 
 
 Sec. 16. 
 Conversion of 
 stock and trans- 
 fer of value 
 thereof to de- 
 posit account. 
 
 Sec. 17.- 
 Application of 
 money placed in - 
 the hands of the 
 Commissioners 
 for the Reduc- 
 tion of the 
 National Debt. 
 
 mencement of this Act which under any general order of the Court 
 of Chancery, or rule under this Act, or under an order of the 
 Court of Chancery, is required to be laid out in any particular 
 investment, shall, subject to any rule made under this Act, be so 
 laid out notwithstanding anything in this Act (it). 
 
 16. Where any securities, whether transferred, deposited, or 
 purchased before or after the commencement of this Act, are 
 standing to the account of the Paymaster-General for the time 
 being on behalf of the Court of Chancery, an order of the Court 
 of Chancery made in the cause or matter in which such securities 
 are standing may, if it be deemed expedient, direct the same to be 
 converted into cash, and also direct such cash to be placed on de- 
 posit as money in Court. 
 
 Where such order refers to Government securities, such securities 
 shall, unless it is otherwise directed by such order, be transferred 
 to the Commissioners for the Eeduction of the National Debt and 
 be deemed to be so transferred as at the value on the day of such 
 transfer, ascertained as prescribed by a rule under this Act, and on 
 such transfer taking place such value shall be deemed to be money 
 placed in the hands of the said Commissioners, and the securities 
 so transferred shall be deemed to be securities purchased by the 
 Commissioners with the money so placed in their hands (»). 
 
 17. The Commissioners for the Eeduction of the National Debt, 
 subject to the directions of the Treasury, shall from time to time 
 invest all money placed in their hands in pursuance of this Act in 
 Government securities, and shall, out of the dividends arising on 
 the securities purchased with money so placed in their hands, and 
 on the securities (if any) purchased with the accumulation of such 
 dividends, pay the sums payable by them under this Act, and in- 
 vest any residue thereof in Government securities, and may from 
 time to time change any such securities into Government securities 
 of another description of equivalent value. 
 
 If at any time the money in the hands of the Commissioners for 
 the Eeduction of the National Debt under this Act is insufficient 
 to pay the amount payable by them in pursuance of this Act, the 
 Treasury either shall direct the said Commissioners to realise a 
 sufficient portion of the securities so purchased as aforesaid, and 
 apply the proceeds of such realization in paying the amount so 
 payable by them, or shall cause the required sum to be issued to 
 the said Commissioners out of any money applicable to the 
 
 (u) Ante, p. 19, 21, n. (6). 
 (•x) As to conversion of securities, see 
 ante,\ pp. 3, 20, u. (r), 26, 27, 28. 
 
 Chan. Funds Rules, 1872, Nos. 28 52 
 53; post, pp. 68, 69, 74, 75; Chan' 
 Funds Ord., 1872, No. 6, post, p. 79. 
 
35 & 36 vie, chap. 44. 47 
 
 sinking fund, or out of the growing produce of the Consolidated Appendix I. 
 Fund. ' ' 
 
 Rules and Accounts. 
 18. The Lord Chancellor, with the concurrence of the Treasury, Sec. 18. 
 may from time to time make rules (a) for carrying this Act into ^ting proceed"-' 
 effect, and regulating the deposit, payment, delivery, and transfer ings. 
 in, into, and out of the Court of Chancery of money and securities See 12 G. 1. 
 wbich belong to the suitors of that Court, or are otherwise capable g 3 3 yi j!' n * 3 9 2 1 . & 
 of being deposited in or paid or transferred into that Court, or in 
 or into the Bank of England with the privity of the Paymaster- 
 General, or are under the custody of the Court of Chancery, and 
 the evidence of such deposit, payment, delivery, or transfer, and 
 the investment of and other dealing with money and securities in 
 Court in pursuance of the orders of the Court of Chancery, and 
 the execution of the orders of the Court of Chancery and the 
 powers and duties of the Paymaster-General with reference to 
 such money and securities, and in particular for doing all or 
 any of the following things : 
 (1.) Carrying into effect the transfer of the office of the Ac- 
 
 countant-General to the Paymaster-General : 
 (2.) Regulating the mode in which the Paymaster General is to 
 deal with money and securities in pursuance of the orders 
 of the Court of Chancery, and the mode in which effect is 
 to be given to an order of the Court of Chancery which is 
 to be executed by or through the office'of the Paymaster- 
 General for Chancery business, and generally the arrange- 
 ments between that office and the Court of Chancery and 
 the officers thereof, and the certificates and information 
 to be given by the Paymaster-General with reference to 
 Chancery business (J): 
 (3.) Eegulating the deposit, payment, sale, transfer, and deli- See 12 G. l. 
 very with, to, and by the Paymaster-General of the said 
 money and securities, and the proceedings, evidence, and 
 duties of persons in relation thereto (c): 
 (4.) Determining the mode of ascertaining the value of Govern- 
 ment securities transferred to the Commissioners for the , 
 Reduction of the National Debt, or otherwise ordered to 
 be dealt with by the Paymaster-General (d) : 
 
 (a) For the Rules, see Chan. Funds (c) See Chan. Funds Rules, 1872, 
 
 Rules, 1872, post, Appendix II. pp. 59 Nos. 9—32, 57—60, cmte, pp. 2, 3, 4, 
 
 _77.' 12— 17,28— 37; post, pp. 62— 70, 77. 
 
 (6) See Chan. Funds Rules, 1872, (d) See Chan. Funds Rules, 1872, 
 
 Nos 16, 23, 24, 30—32, 57— 6Q ; ante, Nos. 52, 53, ante, pp. 3, 20, 26 ; post, 
 
 pp. 8, 9, 10, 11, 15, 24, 28, 31, 33, 34, pp. 74, 75. 
 35: post, pp. 64, 66, 67, 69, 70, 77. 
 
48 THE COURT OF CHANCERT (FUNDS) ACT, 1872. 
 
 Appendix I. (5.) Regulating the placing on and withdrawal from deposit of 
 " " ""' money in Court, whether paid in before or after the com- 
 
 mencement of this Act, and the payment or crediting of 
 interest on money placed on deposit (e): 
 (G.) Determining the smallest amount which is to be invested 
 in securities, unless directed to be invested notwith- 
 standing the smallness of the amount, and determining 
 the smallest amount which is to be placed or remain on 
 deposit, and the smallest amount of money on deposit 
 on which interest in pursuance of this Act is to be 
 credited to an account to which money placed on deposit 
 belongs (/): 
 (7.) Determining the time at which money in Court is to be 
 placed on deposit, and at which interest on money so 
 placed on deposit is to begin and cease, and the mode of 
 computing such interest (g): 
 (8.) Determining the cases in which interest on money placed 
 on deposit, and the dividends on any securities standing 
 to the account of the Paymaster-General on behalf 
 of the Court of Chancery, is or are to be placed on 
 deposit (A): 
 (9.) Dealing with accounts on which the balance of money 
 and securities together is less than five pounds, and 
 providing for the periodical publication of a list of the 
 accounts not dealt with for a period of at least fifteen 
 years (*) : 
 (10.) Regulating the mode of framing and expressing orders 
 of the Court of Chancery, instruments and proceedings 
 relative to the Chancery business of the Paymaster- 
 General (k) : 
 (11.) Abrogating any general orders of the Court of Chancery 
 
 relative to the matters aforesaid {I) : 
 (12.) Revoking and altering any rules previously made. 
 Every rule purporting to be made in pursuance of this section 
 shall come into operation at the date of such rule or any later 
 date therein in that behalf mentioned, and have effect as if it 
 were enacted in this Act (m). 
 
 (e) See Chan. Funds Rules, 1872, Nos. 38, 40, 46 ante tro <? 99 9S 
 
 Nos. 33-48, 52, ante, pp. 3, 19-23 25 ; post, pp. 71, 72 if' ' ' ' 
 
 25 26 j post pp. 70-74 75. (/ S ee Chan. Fund Mes, 1872 *» 
 
 Jll SeeChan - Fimds Rul< *> 1872, 54-56,^^4 10- B St,nK5fi 
 
 37, 38 42, ante, pp. 20,22,23; post, pp. (*> S ' ee ChSunds kZ%i S 
 
 to) See Chan. Funds Rules, 1872, ®?'3 pf'eO-^'e? W ' ™' *' 
 
 s»7i%r- - »- « »K s is?r-^^ ™. 
 
 (h) See Chan. Funds Rules, 1872, (») A nie, v . 1,'ib. n. (J) ; post, p. 59. 
 
35 & 36 VIC chap. 44. 49 
 
 19. The Lord Chancellor, with the advice and assistance as Appendix I. 
 regards lunacy of the Lords Justices of the Court of Appeal in " j^T~19 " 
 Chancery, or one of them, and as regards Chancery of the Master General orders. 
 of the Rolls, the said Lords Justices, and the Vice-Chancellors, 
 
 or any two of them, may from time to time make general orders 
 for regulating the procedure and practice of the Court of Chan- 
 cery for the purpose of carrying into effect this Act and any 
 rules made thereunder, and may from time to time revoke and 
 alter any orders previously made under,, this section. Every 
 such order shall have effect as a general order of the Court of 
 Chancery (w). 
 
 Every rule and general order purporting to be made in pur- Laying of rules 
 suance of this Act shall immediately after the making thereof be an f s 9 " 51 ? 1 
 
 ^ ° orders before 
 
 laid before both Houses of Parliament, if Parliament be then Parliament, 
 sitting, or if Parliament be not then sitting within seven days 
 after the then next meeting of Parliament ; and if either House 
 of Parliament, by a resolution passed within one month after 
 such rule or general order has been so laid before the said House, 
 resolve that the whole or any part of such rule or general order 
 oUght not to continue in force, the same shall, after the date of 
 such resolution, cease to be of any force, without prejudice never- 
 theless to the making of any other rule or general order in its 
 place, or to anything done in pursuance of such rule or general 
 order before the date of such resolution ; but, subject as afore- 
 said, every such rule or general order purporting to be made in 
 pursuance of this Act shall after the expiration of the said month 
 be deemed to have been duly made, and to have been within the 
 powers of this Act (o)'. 
 
 20. The Treasury shall cause to be kept by such persons and Sec. 20. 
 in such manner as they may from time to time direct accounts f^™* 8 and 
 for the purposes of this Act, including all such accounts as may 
 
 be necessary for carrying into effect the orders of the Court of 
 Chancery, and shall cause separate accounts to be kept of the 
 transactions under this Act of the Paymaster-General and the 
 Commissioners for the Eeduction of the National Debt, and of 
 the liability of the Consolidated Fund under this Act, and shall 
 cause all accounts kept in pursuance of this section, or such of 
 them as the Treasury may from time to time think practicable, to 
 be audited as public accounts in such manner as the Treasury 
 may from time to time direct, by or under the direction of the 
 Controller and Auditor General : Provided that no question need 
 
 (n) For the orders, see Chan. Funds (o) See ante, p. 1, n. (i). 
 
 Ord., 1872, post, pp. 78-80. 
 
Sec. 21. 
 Transfer of 
 buildings. 
 15 GK 3, o. 22. 
 15 G. 3, c. 56. 
 5 & 6 Vict. 
 o. 103, s. 29. 
 28 & 29 Vict. 
 o. 48, s. 23. 
 See 52 G. 3, 
 o. liv. (L. & 
 P.) s. i. 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 be raised in such audit with respect to transactions before the 
 commencement of this Act, or such later date as the Treasury 
 may direct. 
 
 Every minute of the Treasury containing any direction with 
 respect to the audit of such accounts shall be laid before both 
 Houses of Parliament within one month after it is made, if Parlia- 
 ment be then sitting, or if Parliament be not then sitting within 
 one month after the then next meeting of Parliament. 
 
 The Controller and Auditor General shall in every year pre- 
 pare and send to the Treasury a report on the accounts audited 
 by him in 'pursuance of this Act, together with a balance sheet 
 of the receipts and expenditure during that year of the Pay- 
 master General on behalf of the Court of Chancery, and the 
 Treasury shall cause such report and balance sheet, together 
 with a general statement of the securities and money in court, to 
 be sent to the Lord Chancellor and laid before both Houses of 
 Parliament (j>). 
 
 Buildings. 
 
 21. All land and buildings vested in the Accountant-General 
 of the Court of Chancery upon trust for the offices of the 
 Accountant-General and Kegistrars or otherwise in trust for any 
 offices of the Court of Chancery, and all land and buildings 
 purchased as additions to the office of the Accountant-General 
 or the Kegistrars, whether vested in the Accountant-General or 
 in Her Majesty, shall on the commencement of this Act vest in 
 the Commissioners of Her Majesty's Works and Public Buildings 
 as incorporated by the Act of the session of the fifteenth and 
 sixteenth years of the reign of Her present Majesty, chapter 
 twenty-eight, intituled " An Act to amend an Act of the four- 
 " teenth and fifteenth years of Her present Majesty for the 
 " direction of public works and buildings, and to vest the 
 " buildings appropriated for the accommodation of the supreme 
 " courts of justice in Edinburgh in the Commissioners of Her 
 " Majesty's Works and Public Buildings," to be held by them 
 for the public service, as if they were lands and buildings vested 
 in them by that Act, and discharged, except as mentioned in this 
 section, from all subsisting trusts declared with respect thereto : 
 Provided that — 
 (1.) The said Commissioners shall not take possession of any 
 part or parts of the said land and buildings that are 
 at the commencement of this Act occupied for legal 
 
 (p) Ante, p. 6, n. (c). For balance in Court on 1st Oct., 1S72 see vosl 
 sheet, showing the securities and money 
 
 in Court on 1st Oct., 1S72, ... 
 Appendix VI* J>«f> ■'//£->'/£/ 
 
35 & 30 vie. chap. 44. 
 
 51 
 
 purposes until the Lord Chancellor certifies to the 
 said Commissioners in writing that in his opinion such 
 part or parts is or are no longer required for such 
 purposes : 
 (2.) The said Commissioners shall hold the said land and 
 buildings subject to the provisions of section twenty- 
 three of the Courts of Justice Building Act, 1865, or 
 such of them as may be applicable thereto (q). 
 
 Appendix J. 
 
 28 & 29 Vict, 
 c. 48. 
 
 Temporary Provisions. 
 
 22. The person who at the passing of this Act is the Accountant- 
 General of the Court of Chancery shall, after the commencement 
 of this Act, receive during his life by way of retiring pension such 
 amount as the Lord Chancellor shall, with the approval of the 
 Treasury, deem proper under the special circumstances of the case, 
 provided that such amount shall not exceed the present salary and 
 emoluments of the said office (r). 
 
 23. All clerks and officers who at the commencement of this 
 Aet are attached tb the office of the Accountant-General of the 
 Court of Chancery, shall, on the commencement of this Act, be 
 transferred to the office of the Paymaster-General for Chancery 
 business, and shall hold their offices under the Treasury upon the 
 like terms and conditions as to rank, promotion, tenure, salaries, 
 and pensions (if any), as at the commencement of this Act they 
 held the same under the Accountant-General or the Lord Chan- 
 cellor, but subject to the directions of the Treasury they shall be 
 under the control of the Paymaster-General in like manner as 
 other clerks and officers in the office of the Paymaster-General, 
 and shall perform such duties in relation to any business in that 
 office as the Treasury may from time to time direct («). 
 
 24. On the commencement of this Act all securities and money 
 (except the Bank annuities hereinafter directed to be transferred 
 to the Commissioners for the Eeduction of the National Debt, and 
 the dividends on such annuities) then vested in the Accountant- 
 General of the Court of Chancery as such, and all books and pro- 
 perty appertaining to the office of the said Accountant-General, 
 shall, without any conveyance, assignment, or transfer, and with- 
 out any draft from the said Accountant-General or act to be done 
 by him, vest in the Paymaster-General; and the Governor and 
 Company of the Bank of England and all other persons shall 
 
 {q) Ante, p. 6, n. (e). 
 (r) Ante, p. 6, n. (c). 
 
 («) Ante, p. 7. 
 
 Sec. 22. 
 Pension to pre- 
 sent Accountant- 
 General. 
 
 Sec. 23. 
 Existing officers 
 of Accountant- 
 General. 
 
 Sec. 24. 
 Transfer of 
 securities to 
 Paymaster-Gene- 
 ral and altera- 
 tion of accounts 
 at Bank of 
 England, &c. 
 
 E 2 
 
52 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 Appendix I. 
 
 Sec. 25. 
 Provision as to 
 certain slave 
 compensation 
 funds standing- 
 in the name of 
 the Accountant- 
 General. 
 
 make such alterations in any books kept by them as may be 
 directed by the Treasury for the purpose of substituting the 
 account of the Paymaster-General for the time being on behalf of 
 the Court of Chancery for the name of the Accountant-General of 
 the Court of Chancery. Such of the books containing the accounts 
 of the suitors of the Court of Chancery, which in pursuance of 
 any Act of Parliament have been kept in the Chancery Office at 
 the Bank of England, as the Treasury may from time to time 
 require, shall be delivered to such person in such manner and 
 under such regulations and upon such terms as may be agreed on 
 between the Treasury and the Governor and Company of the 
 
 Bank of England (0- 
 
 25. Whereas under the provisions of the Acts specified in 
 Schedule One to this Act certain sums awarded for compensation 
 for slaves upon the abolition of slavery, which were subject to 
 claims or. proceedings before the courts of judicature in the 
 colonies, or before any court or courts of judicature or of appeal 
 in the United Kingdom, were paid over to the Accountant- 
 General of the Court of Chancery and invested by him in three 
 per cent, consolidated Bank annuities, or were transferred into 
 the name of the Accountant-General in equivalent amounts of 
 three pounds ten shillings per cent, reduced Bank annuities, but 
 all dividends on the said Bank annuities have since the passing 
 of the Act of the session of the fourth and fifth years of the 
 reign of Her present Majesty, chapter eighteen, ceased to be 
 applied to augment the capital of the said annuities, and have 
 been from time to time by warrant from the Treasury paid 
 over to the Commissioners for the Reduction of the National 
 Debt. 
 
 And whereas certain of the said sums of Bank annuities have 
 not been dealt with for many years, and are still standing in the 
 name of the Accountant-General of the Court of Chancery, but 
 are subject to any claims made in pursuance of any decree, order, 
 or judgment of the Court in which such proceedings are pending : 
 Be it therefore enacted, that as soon as may be after the com- 
 mencement of this Act the Treasury shall issue their warrant to 
 the Governor and Company of the Bank of England, requiring 
 them to transfer to the account of the Commissioners for the 
 Reduction of the National Debt all sums of Bank annuities and 
 cash which may be standing in the name of the said Accountant- 
 General to the credit of any account in pursuance of the Acts 
 mentioned in Schedule One to this Act, and all dividends which 
 
 {t) Ante, p. 6. 
 
35 & 36 VIC. CHAP. 44. 53 
 
 may then be due on any such Bank annuities, and the Governor Appendix I. 
 and Company of the Bank of England shall make the transfer so v " ' 
 required, and thereupon such sums of Bank annuities shall be 
 
 •cancelled by some officer of the said Governor and Company, and 
 the Commissioners for the Eeduction of the National Debt shall 
 apply all cash transferred to them in pursuance of this section 
 in reduction of the National Debt in the same manner as if such 
 cash were a surplus of the annual revenue. 
 
 The Consolidated Fund shall, to the same extent as the Bank 
 annuities so transferred, be liable to make good all sums required 
 to meet the claims on such annuities under any decree, order, or 
 judgment of any Court, and the Treasury shall from time to time 
 cause to be issued to the Paymaster-General out of the growing 
 produce of the Consolidated Fund such sums as may be required 
 for the purposes of this section, but not to any greater amount 
 than the value of the Bank annuities at the date of such issue, 
 ascertained as directed by a rule under this Act made with respect 
 to securities transferred to the Commissioners for the Eeduction 
 
 ' of the National Debt ; and every Court may make the like order 
 with respect to such Bank annuities as it might have done if this 
 Act had not passed (w). 
 
 26. The Acts specified in the first part of Schedule Two to this & c - 26. 
 Act are hereby repealed, and the Acts specified in the second part epe ° c s ' 
 of the same schedule are hereby repealed to the extent in the third 
 column in that part of the schedule mentioned (x). 
 
 Provided that this repeal shall not — 
 
 (1.) Affect anything done or suffered before the commencement 
 of this Act, or any right acquired or accrued before the 
 commencement of this Act, or any order made before 
 the commencement of this Act, under the said Acts or 
 any of them, or revive any oflice or right thereby 
 abolished; or, 
 
 (2.) Affect the title to, or estate in, any land purchased in 
 pursuance of the said Acts or any of them, or the appli- 
 cation of any compensation money paid in respect of 
 such land, or any easements or privileges, or payable 
 under the Acts mentioned in Schedule One to this 
 Act ; or, 
 
 (m) Ante, p. 6; See Chan. Funds (x) Ante, p. 10, n. (m). 
 
 Rules, 1872, No. 52; post, pp. 74, 75. 
 
54 THE COUET OF CHANCERY (FUNDS) ACT, 1872. 
 
 Appendix I. (3,) Affect the right of any person to receive or obtain such 
 salary, compensation, retiring annuity, pension, super- 
 annuation allowance, or emolument as he might have 
 received or obtained if this Act had not passed, or the 
 duty of any person to perform, if required, the same acts 
 or duties as he might have been required to perform if 
 this Act had not passed. 
 
35 & 36 vie. chap. 44. 
 
 SCHEDULES. 
 
 SCHEDULE ONE. 
 
 ACTS KELATING TO SLAVE COMPENSATION. 
 
 Session and Chapter. 
 
 Title of Act. 
 
 3 & 4 Will. 4, c. 73. 
 
 5& 
 6& 
 
 6& 
 
 4<S 
 
 6 Will. 4, c. 45. 
 
 7 Will 4, c. 5. 
 
 7 Will. 4, c. 82. 
 c 5 Vict. c. 18. 
 
 An Act for the abolition of slavery throughout the British colonies, 
 for promoting the industry of the manumitted slaves, and for 
 compensating the persons hitherto entitled to the services of 
 such slaves. 
 
 An Act to carry into further execution the provisions of an Act 
 passed in the third and fourth years of His present Majesty for 
 compensating owners of slaves upon the abolition of slavery. 
 
 An Act for carrying into further execution two Acts of His 
 present Majesty relating to the compensation for slaves upon 
 the abolition of slavery, and for facilitating the distribution and 
 payment of such compensation. 
 
 An Act to carry into further execution an Act for compensating 
 owners of slaves upon the abolition of slavery, and for com- 
 pleting the full payment of such compensation. 
 
 An Act to make further provision for facilitating and completing 
 the distribution and payment of compensation for slaves upon 
 the abolition of slavery. 
 
 SCHEDULE TWO. (*) 
 
 Portions of Acts which have already been specifically repealed are included in the repeal 
 in this schedule, in order to preclude henceforth the necessity of looking back to 
 previous Acts. 
 
 PART I. 
 
 ACTS WHOLLY KEPEALED. 
 
 Session and Chapter. 
 
 Title of Act. 
 
 12 Geo. I, c. 32. 
 
 An Act for better securing the moneys and effects of the suitors 
 of the Court of Chanoery, and to prevent the counterfeiting of 
 East India Bonds and indorsements thereon, as likewise indorse- 
 ments on South Sea Bonds. 
 
 (z) Ante, p. 10, n. (m). 
 
56 
 
 THE COURT OF CHANCERY (FUNDS) ACT, 1872. 
 
 Session and Chapter. 
 
 Title of Act. 
 
 12 Geo. 1, c. 33. 
 32 Geo. 3, c. 42. 
 
 37 Geo. 3. c. 135. 
 
 52 Geo. 3, c. liv. 
 (Local.) 
 
 54 Geo. 3, c. 14. 
 
 55 Geo. 3. c. lxiv. 
 (Local.) 
 
 58 Geo. 3, c. lxxx. 
 
 (Local.) 
 
 59 Geo. 3, c. xxvii. 
 
 (Local.) 
 
 5&6WU1. 4, c. 45. 
 6 & 7 Will. 4, c. 5. 
 
 6 & 7 Will. 4, c. 82. 
 4 & 5 Vict. c. 18. 
 9 & 10 Vict. c. 81. 
 
 An "Act for relief of the suitors of the High Court of Chancery. 
 
 An Act to empower the High Court of Chancery to lay out a 
 further sum of the suitors' money upon proper securities, and 
 for applying the interest towards discharging the expenses of 
 the office of the Accountant-General, and for building offices 
 for the Masters in Ordinary in Chancery, and a public office 
 for the suitors of the said Court, and offices for the secretaries 
 of bankrupts and lunatics, and for building repositories for 
 securing the title deeds of the suitors of the said Court and the 
 records and proceedings of the Commissioners of Bankrupts 
 and Lunatics. 
 
 An Act to explain and amend an Act passed in the thirty-sixth 
 year of His Majesty's reign, intituled " An Act for repealing 
 " certain duties on legacies and shares of personal estate, and 
 " for granting other duties thereon in certain cases." 
 
 An Act for making further provision for the clerks in the office 
 of the Accountant-General of the Court of Chancery after a 
 certain length of service. 
 
 An Act to provide that property vested in the Accountant-General 
 of the High Court of Chancery as such shall upon his death, 
 removal, or resignation, vest from time to time in those who 
 shall succeed to the office. 
 
 An Act for making further provision for the secretary and usher 
 to the Vice-Chancellor of England, and for the clerks in the 
 office of the Accountant-General of the High Court of Chancery, 
 and for providing additional clerks for the said office. ■ 
 
 An Act to provide additional salaries to the present clerks in the 
 Eeport Office of the High Court of Chancery, and to provide 
 additional clerks for the said office, and for making further pro- 
 vision for the clerks in the said office. 
 
 An Act to alter and amend two Acts of His present Majesty's 
 reign for making further provision for certain officers of lie 
 High Court of Chancery. 
 
 An Act to carry into further execution the provisions of an Act 
 passed in the third and fourth years of His present Majesty for 
 compensating owners of slaves upon the abolition of slavery. 
 
 An Act for carrying into further execution two Acts of His 
 present Majesty relating to the compensation for slaves upon 
 the abolition of slavery^ and for facilitating the distribution and 
 payment of such compensation. 
 
 An Act to carry into further execution an Act for compensating 
 owners of slaves upon the abolition of slavery, and for com- 
 pleting the full payment of such compensation. 
 
 An Act to make further provision for facilitating and completing 
 the distribution and payment of compensation for slaves upon 
 the abolition of slavery. 
 
 An Act for regulating the deduction at the Bank of England of 
 Income Tax Duty in respect of certain offices. 
 
35 & 36 vie. chap. 44. 
 
 57 
 
 PART II. 
 
 ACTS PARTLY REPEALED. 
 
 A description of part of an Act is inclusive of the words and sections first or last men- 
 tioned, or referred to as forming the heginning or end of the portion described. 
 
 Portions of Acts not expressly repealed are sometimes excepted from repeal in this part 
 of this schedule, although they may either wholly or in part have become obsolete 
 or otherwise have ceased to be in force. 
 
 Session and Chapter. 
 
 Title of Act. 
 
 Extent of Repeal. 
 
 36 Geo. 3. c. 52. 
 
 3 Geo. 4, c. 69. 
 
 3&4Will. 4, c. 73. 
 
 5 Vict. c. 5. 
 
 10 & 11 Vict. c. 96. 
 
 An Act for repealing certain duties on 
 legacies and shares of personal estates 
 and for granting other duties thereon in 
 certain cases. 
 
 An Act to enable the Judges of the several 
 Courts of Record at Westminster to make 
 regulations respecting the fees of the 
 officers, clerks, and ministers of the said 
 Courts. 
 
 An Act for the abolition of slavery through- 
 out the British colonies, for promoting 
 the industry of the manumitted slaves, 
 and for compensating the persons hitherto 
 entitled to the services of such slaves. 
 
 An Act to make further provisions for the 
 administration of justice. 
 
 An Act for better securing Trust Funds 
 and for the relief of trustees. 
 
 So much of section 
 thirty-two as re- 
 quires the Accoun- 
 tant-General to in- 
 vest the money 
 therein mentioned 
 in the purchase of 
 Three per Cent. Con- 
 solidated Bank An- 
 nuities or to give 
 any certificate. 
 
 Section one from the 
 words " for the 
 "Lord -Chancellor" 
 down to the words 
 " Vice - Chancellor, 
 " respectively and," 
 and so much of the 
 rest of the Act as 
 relates to that part 
 of section one. 
 
 Sections twenty-four to 
 sixty. 
 
 Sections seven to six- 
 teen, and section 
 seventeen, from the 
 words " shall on the 
 " fifteenth day of 
 " October," down to 
 the words " and 
 " other proceedings," 
 and sections fifty to 
 fifty-five and fifty- 
 seven. 
 
 Section three. 
 
58 
 
 THE COUBT OF CHANCERY (FUNDS) ACT, 1872. 
 
 Session and Chapter. 
 
 Title of Act. 
 
 Extent of Repeal. 
 
 15 & 16 Vict c. 80. 
 
 15 & 16 Vict. c. 87. 
 
 16 & 17 Vict. c. 98. 
 30 & 31 Viet. c. 87. 
 32.&33 Vict, c. 91. 
 
 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. 
 
 An Act for the relief of the suitors of the 
 High Court of Chancery. 
 
 An Act for the further relief of the suitors 
 of the High Court of Chancery. 
 
 The Court of Chancery (Officers) Act, 
 1867. 
 
 The Courts of Justice (Salaries and Funds) 
 Act, 1869. 
 
 Section fifty-nine. 
 
 The whole Act, except 
 sections one, three to 
 five, fifteen, sixteen, 
 twenty-one, tweinty- 
 three to twenty-six; 
 section twenty-nine, 
 down to the words 
 " better despatch of 
 " business ; " and 
 sections thirty-five, 
 thirty-seven, thirty- 
 eight, forty, forty- 
 one, forty-two, forty- 
 six, forty - seven, 
 forty-nine, fifty-two, 
 and fifty-five. 
 
 The whole Act, except 
 section eleven. 
 
 Sections eleven and 
 twelve. 
 
 Sections four to seven. 
 
APPENDIX II. 
 
 CHANCERY FUNDS RULES, 1872. 
 Issued 21st day of December, 1872. 
 
 The Right Honorable Roundell Baron Selborne, Lord High 
 Chancellor of Great Britain, with the concurrence of the Commis- 
 sioners of Her Majesty's Treasury, doth hereby in pursuance of the 
 powers contained in "The Court of Chancery (Funds) Act, 
 1872 " (a), and of every other power enabling him in that behalf, 
 make the following rules : — 
 
 1. The Court of Chancery (Funds) Act, 1872, shall come into Rule 1. 
 operation on the 7th day of January, 1873 (b), and these rules „ f °™™ e ^ men< 
 shall come into operation on the same day, (which day is in these Rules. 
 Rules referred to as the commencement thereof), and shall be filed 
 
 in the Report Office of the High Court of Chancery, and may be 
 cited as the " Chancery Funds Bules, 1872." 
 
 2. In these Rules and in orders as herein defined, terms shall Rule 2. 
 have the same meaning as the same terms in the said Act (c) ; Interpretation 
 and the term " Court " shall mean the Court of Chancery ; and 
 
 the term " order " shall mean an order of the Court of Chancery 
 intituled in a cause or matter in the said Court, and made by a 
 Judge thereof, whether sitting in Court or at Chambers, or as to 
 payments out of the " Appeal Deposit Account " an order made 
 on a non-attendable petition presented to the Lord Chancellor ; 
 and the term "order" shall include a decree (d) and a report of a 
 Master in Lunacy confirmed by fiat ; and the term " Chief 
 Clerk's certificate " shall mean a certificate intituled in a cause 
 or matter in the said Court, and made by a Chief Clerk of a 
 Judge of the said Court, and approved and signed by a Judge 
 thereof ; and the term " title of the cause " shall, with respect 
 to causes commenced since 1st November, 1852, in these Rules, 
 mean the short title of the cause with the reference to the 
 
 (a) See 35 & 36 Vic. o. 44, s. 18; (c) See35&36Vic.c.44,s.3;'a»fe,pp. 
 
 ante, pp. 47, 48. 8, n. (b), 12, n. (J), 26, n. (t), 28, n. 
 
 (6) See 35 and 36 Vic. c. 44, s. 2 ; (a), 40, 41. 
 
 ante, pp. 1, 6, n. (6), 10, n. (q), 19, n. (d) See ante, pp. 19, n. (£), 24, n. 
 
 (g), 20, n. (m), 25, n. (n), 31, n. ( ? ), (<2), 26, n.|(i!), 28, n. (b), 40 ; post, 66. 
 33, u. (q), 40. 
 
Rule 3. 
 Abrogation of 
 certain orders 
 in Chancery 
 and in Lunacy. 
 
 Kule 4. 
 Construction of 
 existing orders. 
 
 Rule 5. 
 Mode of intitu- 
 ling certain 
 orders, and 
 
 exact titles of 
 accounts to be 
 stated. 
 
 CHANCERY FUNDS RULES, 1872. 
 
 record, as prescribed by Rule 48 of the first of the Consolidated 
 Orders of the Court, in the following form, viz. (A. V. B. 1872. 
 A. 100) (c), and the term "cause or matter" shall, in these 
 Rules, include a separate account in a cause or matter, and a 
 matter intituled merely as an account ; and the term " Bank " 
 shall mean Bank of England or Governor and Company of the 
 Bank of England ; and the term " Paymaster-General " shall 
 mean Her Majesty's Paymaster-General for the time being, or 
 his assistant for the time being acting on his behalf for 
 Chancery business ; and the term " Chancery pay office (d) " shall 
 mean the Paymaster-General's office for Chancery business ; and 
 the term " Chancery pay office account (e) " shall mean the account 
 at the bank of the Paymaster-General for the time being on 
 behalf of the Court of Chancery ; and words importing the 
 singular number shall include the' plural number, and words 
 importing the plural number shall include the singular number ; 
 and words importing the masculine gender shall include females. 
 
 ' 3. Rules 14, 15 (/), and 16 (g) of the first of the Consolidated 
 Orders of the Court, and Rule 5 (h) of the fifth of the same 
 Orders, and the 49th, 50th, and 51st (i) of the General Orders in 
 Lunacy of 7th November 1853, are hereby abrogated. 
 
 4. Orders of the Court made before the commencement of these 
 Rules, containing directions not then carried into effect, for the 
 payment of money into, or deposit of securities in, the Bank with 
 the privity of the Accountant-General to the credit of a cause or 
 matter, or for the transfer of securities into the name and with the 
 privity of the Accountant-General in trust in a cause or matter, 
 shall be read and construed as if they directed such money or 
 securities respectively to be paid or transferred into, or deposited 
 in Court to the credit of the same cause or matter ; and no de- 
 claration of trust shall be required to be made with respect to 
 any of such securities (k). 
 
 5. Every order directing money or securities in Court to be 
 dealt with, shall be intituled in the cause or matter, but not to 
 the separate account, to the credit of which such money or se- 
 curities shall be placed in the books at the Chancery pay office ; 
 and every such order shall state, in the body of such order and 
 not merely by reference to the title of it, the exact title of the 
 
 (c) See ante, pp. 4, 11; post, pp. 63, 
 77; Chan. Funds Orders, 1872, No. 10, 
 post, p. 80 ; sad post, Appendix V. No. 
 1 ; and see, as to the reference to the 
 record, Dan. Ch. Forms, No. 1, ib. n. (a). 
 
 {d) See ante, pp. 2, 7. 
 
 (e) See ante, pp. 2, 9. 
 
 (/) See 2 Dan. Ch. Pr. 1632, 1637, 
 n. (3), 1661. ' 
 
 (g) See Dan. Ch. Pr. 1666. • 
 
 (A) See 1 Dan. Chan. Pr. 339. 
 
 (i) For these orders, see 17 Jur., Pt. 
 II. 448 ; Elmer's Pract. in Lunacy, 336. 
 
 (h) See ante, pp. 7,n. (/), 42, 43." 
 
CHANCERY FUNDS RULES, 1872. 61 
 
 cause or matter and separate account, if any, to the credit of Appendix II. 
 which the money or securities dealt with shall be remaining, or 
 to the credit of which the money or securities not already in 
 Court shall be directed to be placed (I). 
 
 6. Every such order as referred to in the last preceding Rule, Rule 6. 
 shall express the exact amount of money or securities to be of^^^be 
 dealt with whenever it can be ascertained, and the amount of expressed, and 
 money or securities standing in the books at the Chancery pay sou f oes ° f " u - 
 
 J ° j r j certain funds 
 
 office, at the date of such order, to the credit of the cause or to be stated. ; 
 
 matter to which the money or securities to be dealt with may be 
 
 remaining, and not merely by reference to another order ; but 
 
 if the money or securities, or the dividends thereof, to be so 
 
 dealt with under any such, order, shall not be in Court at the 
 
 date thereof, the source from which such money or securities 
 
 will be derived shall be stated ; and in every case the exact 
 
 amount of money to be dealt with by the Paymaster-General 
 
 shall be expressed in an order, or in a Chief Clerk's certificate, or in 
 
 a certificate of a Taxing Master, or in a certificate of a Master in 
 
 Lunacy, unless the amount to be dealt with be'payable for legacy or 
 
 succession duty, or be described as dividends to accrue on securities 
 
 in Court, or as interest on money on deposit, or as money to arise 
 
 by the sale or conversion of securities in Court, or as the residue 
 
 of such dividends, interest, or money, respectively, after deducting 
 
 an amount expressed in an order or in such a certificate, or as 
 
 an aliquot part of such dividends, interest, money, or residue, 
 
 respectively (m). 
 
 7. When an order directs the payment, transfer, or delivery Rule 7. 
 of money or securities in Court, and the amounts to be ^° d c e e rtai n a,n " 
 paid, transferred, or delivered, are mentioned in a schedule to orders. 
 such order, the total of such amounts shall be expressed in 
 
 words at length in the body of the order ; and whenever the 
 dealing by the Paymaster-General with money or securities in 
 Court, is, by an order, made contingent upon the execution of 
 
 (Q See ante, pp. 2, 4, 12, n. (g), 28, rities in Court should be described as 
 
 n. (c), 48. The first part of this rule " on the credit of this cause (or matter) 
 
 doesnot,itis conceived, alter the existing " under the title of " (as in the 
 
 practice of intituling a notice of motion, certificate of the fund issued from the 
 
 petition, or summons, in the cause (or Chancery Pay Office); see also ante, p. 
 
 matter) as it stands at the time when 28, n. (c). 
 
 the application is made ; and where the (m) See ante, pp. 2, 4, 12, n. (g), 28, 
 title of the cause (or matter) has been n. (c), 48. In consequence of this rule, 
 changed since the money or securities affidavits verifying apportionments of 
 were brought into Court, the application funds in Court or computations of sub- 
 should be intituled in the changed title sequent interest will not be acted upon 
 of the cause (or matter), but for the at the Chancery Pay. Qffice ; see ante, 
 purpose of complying with the latter ■ p. 28, n. (c). K A-/L^C^H^M— 
 portion of the rule, the money or secu- 
 
62 
 
 CHANCEBY FUNDS RULES, 1872. 
 
 Appendix II. 
 
 Rule 8. 
 Period of com- 
 putation and 
 rate of interest 
 to be denned. 
 
 Rule 9. 
 
 payment and 
 deposit of 
 money and 
 securities. 
 
 Eule 10. 
 Payment, 
 deposit, and 
 transfer in, on 
 request. 
 
 some document, the document and the parties thereto by whom 
 it is to be executed shall be clearly indicated in an order, or in 
 a certificate of a Master in Lunacy, or in a Chief Clerk's cer- 
 tificate, and the execution of such document shall be certified 
 by a Chief Clerk of a Judge of the Court, or by a Master 
 in Lunacy, unless the Judge upon making the order by -which 
 such execution is required shall otherwise expressly direct (n). 
 
 8. When interest is, in pursuance of an order to be acted on 
 by the Paymaster-General, to be computed otherwise than by 
 the Chief Clerk of a Judge of the Court, or by a Master in 
 Lunacy, the order shall state the days or times from, and up 
 to which, the interest is to be computed, and the rate per cent, of 
 such interest, and whether or not income tax is to be deducted (o). 
 
 9. When money or securities are to be paid into, or deposited 
 in Court, such payment or deposit shall be made with the 
 privity of the Paymaster-General, and the Paymaster-General 
 shall issue a direction to the Bank to receive and place the same to 
 the credit of the Chancery pay office account ; and such direction 
 shall specify the title of the cause or matter to which such 
 money or securities are to be placed in the books at the Chan- 
 cery pay office, and upon such money or securities being so paid 
 or deposited, the Bank shall cause a receipt to be given for the 
 same, and shall send such direction to the Chancery pay 
 office, with a certificate thereon, that the money or securities 
 therein specified have been received, and placed to the credit of 
 the Chancery pay office account (p). 
 
 10. Money and securities may be paid or transferred into, or 
 deposited in Court, and be placed in the books at the Chancery 
 pay office to the credit of a cause or matter, on a direction to be 
 obtained from the Paymaster-General upon the written request 
 of the person desirous of so paying, transferring, or depositing, 
 or of his solicitor, without an order ; but no such payment, trans- 
 fer, or deposit shall be so made to a separate account in a cause 
 (except to a security for costs account), unlesB such separate 
 account has been directed to be opened by an order made either 
 before, or after the commencement of these Rules, and such 
 request shall be filed in the Report Office. This Rule shall 
 not apply to money, or securities, directed by an order to be 
 paid or transferred into, or deposited in Court, nor to money or 
 securities payable or transferable into Court, in pursuance of 
 an Act of Parliament, or a general order of the Court, by 
 
 (m) See ante, pp. 2, 4, 12, n. (g), p. 
 28,n.(c),48. For forms of Chief Clerk's 
 certificates of execution, see Dan. Ch. 
 Forms, Nos. 1278, 1280, 1349, 1364. 
 
 (p) See ante, pp. 3, 4, 12, 15, 16, 
 47; post, pp. 63, 64. 
 
CHANCERY FUNDS RULES, 1872. 63 
 
 which some particular authority to enable the payment, transfer, Appendix II. 
 or deposit to be made is required ( q ). v ~ ' 
 
 11. Every request for a direction for payment or transfer into, Rule 11 - 
 or deposit in Court, of money or securities to be placed to the tara^rtference 1 " 
 credit of a cause commenced since lBt November, 1852, shall to record. 
 contain the title of the cause and the reference to the record as 
 
 cited in the preceding Kule 2 (r), and the correctness of such 
 reference shall be authenticated by the official seal of the Clerks 
 of Records and Writs being impressed on such request (s). 
 
 12. When it is desired to bring money into Court without ^iVf'- 
 waiting the time necessary to obtain a direction for the Bank to money a t the 
 receive the same, it may be lodged at the Bank to, the credit of Bank m urgent 
 a Chancery suspense account, (subject to being dealt with, as cases 
 hereinafter mentioned, and not otherwise), upon a written 
 application signed by the person desiring to lodge the same, or 
 
 his solicitor, and addressed to the Bank ; and in such applica- 
 tion shall be specified the amount to be lodged, and the title of 
 the cause or matter in Chancery in respect of which the lodg- 
 ment is desired to be made, and upon such lodgment being made 
 one of the cashiers of the Bank shall give a certificate that the 
 amount has been lodged to the credit of the Chancery suspense 
 account; and in every case the person making such lodgment, or 
 his solicitor, shall forthwith bespeak the direction for the Bank 
 to receive the money in the manner provided by the preceding 
 Rule 9 (t), and produce such direction and certificate at the 
 Bank, for the purpose of having the money so previously lodged 
 transferred to the Chancery pay office account, and placed in the 
 books at the Chancery pay office to the credit of the cause or 
 matter mentioned in such direction, and the receipt mentioned 
 in the said Rule 9 (t) shall thereupon be given for such money (u). 
 
 13. Money hereafter paid into Court pursuant to the 69th Rule13 - 
 section of the "Lands Clauses Consolidation Act, 1845," in pa id in under 
 respect of lands in England or Wales, shall be placed in the sect. 69 of 
 books at the Chancery pay office to the credit of Ex parte the Act » 1845," the 
 promoters of the undertaking, in the matter of the special Act disability to he 
 (citing it), as directed by the said Lands Clauses Consolida- Btate ' 
 
 tion Act, 1845, and some words shall be added in each case 
 briefly expressive of the nature of the disability to sell and 
 
 (?) Seeante, pp.2, 4, 12, 14,17,18,47; pp.ll,n.(»),60;pos«,AppendixV.,No.l. 
 
 Chan. Funds Ord. 1872, No. 4 ; post, (t) See ante, p. 62. 
 
 p. 79. For form of request, see post, (p) Seefflmte,pp.2,14,n.(J),16,17,47. 
 
 Appendix V., No. 17. Forformof application, see pos«,Appen- 
 
 (r) See ante, p. 60. dix V., No. 22. For form of order for 
 
 [s) See ante, pp. 2, 4, 11, 14, 47, 60. injunction where money has been so 
 
 For form of reference to record, seeante, lodged, see post, Appendix V.,No.22,re. 
 
Rule 14. 
 Money paid 
 in under the 
 Copyhold Acts 
 to be placed to 
 a separate 
 account. 
 
 Rule 15. 
 Proceedings on 
 transfer of se- 
 curities into 
 court. 
 
 Rule 16. 
 Receipt and 
 certificate of 
 payment, 
 deposit, and 
 transfer. 
 
 Rule 17. 
 Funds in Court 
 not to be dealt 
 with except in 
 pursuance of an 
 order. 
 
 CHANCERY FUNDS RULES, 1872. 
 
 convey, by reason of which the money shall be so paid in, as 
 stated in the request for the direction to receive the money (x), 
 
 14. Money hereafter paid into Court pursuant to the Copyhold 
 Acts shall be placed in the books at the Chancery pay office to 
 the credit of " Ex parte the Copyhold Commissioners," as directed 
 by the said Acts, and in addition thereto, to the account of the 
 particular manor in respect of which the money shall be so paid 
 in ; and in the request for a direction to receive such money the 
 name and locality of such particular manor shall be stated («/). 
 
 15. When securities are to be transferred into Court, such 
 transfer shall be made with the privity of the Paymaster- 
 General, and the Paymaster-General shall issue a direction for 
 the transfer to be made to the account of the Paymaster-General 
 for the time being on behalf of the Court of Chancery ; and such 
 direction shall specify the title of the cause or matter to which 
 such securities are to be placed in the books at the Chancery pay 
 office ; and upon such securities being so transferred, the Bank, or 
 Body Corporate, or Company, in whose books the transfer of such 
 securities is made or registered, shall send such direction to the 
 Chancery pay office with a certificate thereon that the securities 
 therein specified have been transferred to the said account (2). 
 
 16. When any such direction as is mentioned in Bules 9 and 
 15 (a), with a certificate thereon that the amount of money or 
 securities therein mentioned has been so paid or transferred, or 
 deposited, shall be received at the Chancery pay office, the Pay- 
 master-General shall file(aa) a certificate of such payment, transfer, 
 or deposit, and shall therein state the title of the cause or matter 
 to which such amount of money or securities has been placed 
 in the books at the Chancery pay office ; and an office copy of 
 such certificate of the Paymaster-General shall be received as 
 evidence of the payment or transfer into, or deposit in Court, 
 therein mentioned having been made (6). 
 
 17. Securities in Court shall not be sold, transferred, or 
 delivered out, and money in Court shall not be paid out or 
 invested in securities (except in the case provided for by Rule 3 
 of the 41st (c) of the Consolidated Orders of the Court, and in 
 the case provided for by the 40th (d ) of these Rules), and money 
 or securities in Court shall not be carried over, and a certificate 
 
 (x) See ante,-pp. 2,13,16. For form of 
 request, see post, Appendix V., No. 14. 
 
 (y) See ante, pp. 2,13,16. Forform 
 of request, see post, Appendix V., No. 16. 
 
 (z) See ante, pp. 3, 4, 12, 15, 47. 
 
 (a) See ante, pp. 62, and supra. 
 
 (aa) In the Report Office, see Chan. 
 
 Funds Rules, 1872, No. 60 : ante, pp. 
 11, 15, 16 ; post, p. 77. 
 
 (6) Seeo»tfe,pp.3,4,15,16. Forforms 
 of certificate, see post, Appendix V 
 Nos. 18, 20. 
 
 (c) See 2 Dan. Ch. Pr. 1787, 1788. 
 
 (<<) See post, p. 72. 
 
CHANCERY FUNDS RULES, 1872. 65 
 
 shall not be issued for the sale, transfer, or delivery of securities Appendix II. 
 in Court, unless in pursuance of an order, or of a certificate of a 
 Master in Lunacy as authorised by the Lunacy Eegulation Act, 
 1853, and any general orders made thereunder (e). 
 
 18. When money in Court is to be paid out, (except in the Rule is. 
 cases hereinafter provided for,) the Paymaster-General shall cause Payment of 
 a cheque to be prepared, stating the title of the cause or matter Court ° U 
 in the books at the Chancery pay oflice to which the money paid 
 
 is to be debited, the date of the order or other authority in 
 pursuance of which, and the name of the person to whom, the 
 payment is to be made, and such other particulars of such 
 payment as the Paymaster-General may deem necessary ; and 
 such cheque, duly endorsed by the payee named therein, or his 
 lawful attorney, shall be a good discharge to the Paymaster- 
 General for the amount therein mentioned (/). 
 
 19. Money in Court periodically payable at the commencement Rule 19. 
 of these Rules, shall continue to be payable by the Paymaster- ^p^^^ 
 General in pursuance, and on the authority, of the entries of the payments, 
 cheques for periodical payments in the receipt books in the 
 Accountant-General's office, or of such other documents as the 
 Accountant-General has been accustomed to use in the prepa- 
 ration of such cheques, without the production of the orders and 
 
 other documents in pursuance whereof such payments are made, 
 being necessary ( g). 
 
 20. When cheques have been signed by the present Ac- Rule 20. 
 countant-General or by any of his predecessors, but have not ^ ne ?^ 
 been paid at the Bank previously to the commencement of these f the Acooun- 
 Eules, such cheques shall be a sufficient authority to the Pay- tent General. 
 master-General to cause payments to be made to the same 
 
 persons and of the same amounts as are named therein, with- 
 out the production of the orders or other documents in 
 pursuance whereof such cheques have been so signed, being' 
 necessary (h). ' 
 
 21. When money in Court is payable to the Ecclesiastical gl ^ t Lof 
 Commissioners for England, the Official Trustees of Charitable transfers for 
 Funds, the Official Liquidator of any company, the Commis- ^afplrsons. ' 
 sioners for the Reduction of the National Debt, or to any other 
 
 official persons for whom an account is kept at the Bank, the 
 order shall direct the amount so payable to be transferred upon 
 the requisition of the official persons to whom it is due, to the 
 proper account (citing it), at the Bank, of such official persons. 
 
 (e) See ante, pp. 4, 24, 28, 33, 44, 47. (g) See ante, p. 33, n. (q), 47. 
 
 {/) See ante, pp. 4, S3, 32, 47. (A) See ante, p. 31, n. (g), 47. 
 
 F 
 
66 
 
 CHANCERY FUNDS RULES, 1872. 
 
 Appendix II. 
 
 Rule 22. 
 Payment and 
 transfer to re- 
 presentatives 
 of deceased 
 persons. 
 
 Rule 23. 
 Paymaster- 
 General may 
 defer acting on 
 directions in 
 orders without 
 request. 
 
 Rule 24. 
 Investment of 
 money. 
 
 And the Paymaster-General shall, upon receiving such requisi- 
 -" tion, direct the Bank to write off from the Chancery pay office 
 account the amount so payable, and to place it to the account at 
 the Bank mentioned in such order, and shall debit the proper 
 account in the books at the Chancery pay office therewith (i). 
 
 22. When money in Court is payable, or securities in Court 
 are transferable or deliverable to any person named or described 
 in an order, (except to a person therein expressed to be entitled 
 as a trustee, executor, or administrator, or entitled in any charac- 
 ter other than in his own right), the same, or any portion thereof, 
 for the time being remaining unpaid or untransferred or unde- 
 livered, may, on proof of the death of such person, whether 
 before, on, or after the date of such order, be paid or transferred 
 or delivered to the legal personal representatives of such deceased 
 person, or to the survivors or survivor of them ; and when 
 money in Court is by an order directed to be paid to any persons 
 described in an order or a Chief Clerk's certificate as co- 
 partners, such money may be paid to any one or more of such 
 copartners (k). 
 
 23. When an order, or a certificate of a Master in Lunacy, 
 directs the carrying over of money or securities in Court, or the 
 investment, or placing on deposit, (subject to Bule 52 (I) ), or 
 payment out, of money in Court, the Paymaster-General may 
 defer giving effect to such direction until a request in writ- 
 ing to give effect thereto has been left at the Chancery pay 
 office, but it shall be the duty of the solicitor for the person 
 having the carriage of such order or certificate to leave it and 
 such request at the Chancery pay office without unnecessary 
 delay (m). 
 
 24. When money in Court is, in pursuance of an order, (as 
 defined by the 2nd (re) of these Rules), or of Rule 3 of the 
 41st (o) of the Consolidated Orders of the Court, or of a request 
 as provided for by the 40th (p) of these Rules, to be invested in 
 specified securities, the Paymaster-General shall direct the money 
 to be paid to the broker conditionally upon his causing such 
 securities to be transferred or deposited to the account of the 
 Paymaster-General for the time being on behalf of the Court of 
 Chancery, and the, cheque for such money shall specify the title 
 of the cause or matter to which the securities purchased are to 
 
 (i) Beejwto.pp.4,81 83,47. Foriorm 31, 47. Performs of request, M «| 
 of requisition see post, Appendix V., Appendix V., Nos. 27, 38, 57 
 
 /mo , , E ., , , .. (») See (wife, pp. 59, 60. 
 
 (J) See ante, pp. 35, lb. n. (y), 47. (o) See 2 Dani Ch. Pr. 1787 
 
 {I) See post, pp. 74, 75. 1788 ' 
 
 (m) See ante, pp. 20, .21, 24, 28, (p) See post, p. 72. 
 
CHANCERY FUNDS RULES, 1872. 67 
 
 be placed in the books at the Chancery pay office, and the Bank, Appendix II. 
 or Body Corporate, or Company, in whose books or with whom v " ' 
 
 the transfer or deposit of such securities shall be made or regis- 
 tered, shall cause a certificate of such transfer or deposit to be 
 issued, and such a certificate purporting to be, issued by the Bank, 
 or Body Corporate, or Company aforesaid, shall be sufficient 
 evidence for all purposes, that such transfer or deposit as therein 
 mentioned has been actually made ; and the securities so trans- 
 ferred or deposited shall be placed in the books at the Chancery 
 pay office to the same credit as that to which the said money was 
 standing at the time of such investment, unless the order autho- 
 rising such investment shall otherwise direct (q). 
 
 25. When securities in Court are to be sold, the Paymaster- Rule 25 - . 
 General shall issue a direction to the Bank to receive the t i es- 
 proceeds of such- sale, and to place them to the Chancery pay 
 office account, and shall specify in such direction the title of the 
 cause or matter to the credit of which such proceeds are to be 
 placed in the books at the Chancery pay office, and such title 
 shall be the title of the cause or matter to the credit of which 
 the securities were standing at the time of such sale, and the 
 Bank, or Body Corporate, or Company, in whose books, or with 
 whom, the securities to be sold are standing or deposited, shall, 
 upon the production of the receipt from the Bank for the pro- 
 ceeds of the sale, and of a certificate of a Eegistrar of the 
 Court, or a Master or Eegistrar in Lunacy, countersigned by the 
 Paymaster-General, authorising' such sale, cause the transfer or 
 delivery of the securities necessary to complete the sale, to be 
 made by their proper officer (r). 
 
 36. "When securities in Court are to be transferred or delivered Eule 26 - 
 out, the Paymaster-General shall issue a direction for such trans- seour ities out 
 fer or delivery, and specify in such direction the title of the cause of Court. 
 or matter -to the credit of which such securities shall be standing 
 in the books at the Chancery pay office, and the amount and 
 description of the securities to be transferred or delivered, and 
 the name of the person to whom the transfer or delivery is to be 
 made, and upon the receipt of such direction, and of a certificate 
 of a Registrar of the Court, or a Master or Registrar in Lunacy, 
 countersigned by the Paymaster-General, authorising such trans- 
 fer or delivery, the Bank, or Body Corporate, or Company, in 
 whose books, or with whom, such securities shall be standing or 
 
 (q) See ante, pp. 24, 47. For forms of Registrar's certificate, see 
 
 (r) See ante, pp. 4, 34, 43, 44, 47, 48. post, Appendix V., No. 66. 
 
 r 2 
 
68 
 
 Appendix II. 
 
 Rule 27. 
 Application of 
 dividends ac- 
 cruing thereon. 
 
 Rule 28. 
 Conversion of 
 securities sub- 
 stituted for 
 
 CHANCERY FUNDS RULES, 1872. 
 
 deposited, shall cause such transfer or delivery to be made by 
 their proper officer, and shall send such direction to the Chancery 
 pay office, with a certificate thereon that the transfer or delivery 
 therein mentioned has been made to the person named 
 therein (s). 
 
 27. When securities in Court are directed to be transferred or 
 delivered out, dividends accruing thereon subsequently to the 
 date of the order directing the transfer or delivery (when the 
 amount of the securities to be transferred or delivered is specified 
 in such order, or, if not so specified, then subsequently to the 
 time when the amount of such securities is ascertained,) shall be 
 paid to the persons to whom the securities are to be transferred 
 or delivered, unless such order otherwise directs. And when, 
 pursuant to a general or other previous order, dividends have 
 been invested, which, but for such investment, would, under the 
 order directing the transfer or delivery, be payable to the persons 
 to whom the securities on which they have accrued are directed to 
 be transferred or delivered, the securities purchased with such 
 dividends, and any dividends accrued in respect thereof, shall, 
 unless otherwise directed, be transferred or delivered and paid to 
 the same persons ; and the Eegistrars of the Court, and the 
 Masters and Eegistrar in Lunacy, may, upon production to 
 them of a certificate of such investment, issue certificates for 
 such transfer or delivery ; and when securities in Court are 
 directed to be realised, and the whole of the proceeds paid out 
 or carried over in one sum or in aliquot parts, any dividends 
 accruing on such securities subsequent to the date of the order di- 
 recting the realisation, if the amount of such securities is specified 
 in the order, or, if not so specified, subsequent to the time when 
 such amount is ascertained, shall be added to such proceeds, and 
 applied in like manner therewith, unless such order otherwise 
 directs (t). 
 
 28. When a specific amount of Government Securities in 
 Court (consisting of not less tha'n £1000 Consolidated £3 per 
 centum Annuities, or £1000 Eeduced £3 per centum Annuities, 
 or £1000 New £3 per centum Annuities (m),) shall be required to 
 be realised, the order, instead of directing a sale of such securities 
 shall direct the same to be converted into cash, unless the Court 
 
 (s) See am!e,pp. 4, 33, 34, 35, 43, 44, 
 47. For form of Registrar's certificate, 
 see post, Appendix V. , No. 67. 
 
 (t) See ante, p. 27, 29 44, 47. For 
 form of Registrar's certificate seepost, 
 
 Appendix V., No. 53. 
 
 (u) This description of the Govern- 
 ment securities follows the language of 
 The National Debt Act, 1870, (33 & 34 
 Vic. c. 71), 1st Sched. 
 
c&ancerY funds rules, 1872. 6! 
 
 on pronouncing snch order shall otherwise direct, and thereupon Appen dix II. 
 such securities shall be transferred to the Commissioners for the 
 Reduction, of the National Debt on behalf of the Court of Chan- 
 cery, as provided by the 52nd of these Rules (v), and no such con- 
 version shall be made of an amount less than £1000 of such 
 securities, except for the purpose of placing on deposit the value 
 of such securities (w). 
 
 29. Every certificate for the sale, transfer, or delivery of securi- Bak 29. 
 ties in Court shall express the exact amount of money to be ^ ^^f for 
 raised by sale, or the exact amount and description of securities securities. 
 
 to be sold, transferred, or delivered out ; and no such certificate 
 shall be issued by a Master in Lunacy, except on the production 
 of an office copy of the report of a Master in Lunacy confirmed 
 by fiat ; nor by the Registrar in Lunacy, except on the pro- 
 duction of an office copy of the order in Lunacy ; nor by a Registrar 
 of the Court, except on the production of the original order, or 
 an office copy thereof, if the absence of the original order shall be 
 accounted for to the satisfaction of such Registrar (x). 
 
 30. The Paymaster-General, upon a request in writing made Rule 30. 
 by or on behalf of a person claiming to be interested in money or Certificates of 
 securities standing in the books at the Chancery pay office to the 
 
 credit of a cause or matter stated in such request, may, in his 
 discretion grant, for the information of a Judge or an officer of 
 the Court, a certificate of the amount and description of such 
 money or securities, and such certificate shall have reference to 
 the morning of the day of the date thereof, and not include the 
 transactions of that day, and the Paymaster-General shall notify 
 on such i certificate the dates of any orders restraining the 
 transfer, sale, delivery out, or payment or other dealing with 
 the securities or money in Court to the credit of the cause or 
 matter mentioned in such certificate, and any charging orders, 
 affecting such securities or money, of which respectively he has 
 had notice ; and when a cause or matter has been inserted in the 
 list referred to in Rule 54 (y), the fact shall be notified on the 
 certificate relating thereto, and the Paymaster-General may also, 
 in his discretion, upon a like request, grant a transcript of the 
 account in any cause or matter in the books at the Chancery pay 
 office (z). 
 
 (v) See post, pp. 74, 75. 44, 53, 54, 66—68. 
 
 (w) See awife,pp. 3, 26, 44, 46, 47. (y) See post, pp. 75, 76. 
 
 (a;) See ante, pp. 26, 33, 43, 44, 47 ; (s) See ante, p. 9, ib. n. (d), 47. For 
 
 and see Chan. Funds Orders, 1872, No. form of request see Appendix V., Nos. 
 
 5, post, p. 79. For forms of Registrar's 4, 6 ; for form of certificate see Appen- 
 
 certifieate, see post, Appendix V., Nos. dix V., No. 5. 
 
Rule 31. 
 Certificates of 
 purchases, 
 
 sales, &.c. 
 
 Rule 32. 
 Information as 
 to transactions. 
 
 Rule S3. 
 Placing of 
 money on 
 deposit. 
 
 Rule 34. 
 Money not to 
 be placed on 
 deposit in cer- 
 tain cases. 
 
 CHANCERY FUNDS RULES, 1872. 
 
 31. When securities hare been purchased, sold, transferred, or 
 delivered out, or money or securities have been carried over, or 
 otherwise dealt with in the books at the Chancery pay office, the 
 Paymaster-General may in his discretion issue a certificate 
 thereof, upon a request in writing made by or on behalf of 
 any person claiming to be interested in such money or 
 securities (a). 
 
 32. The Paymaster-General may in his discretion, on a request 
 in writing, supply such information with respect to any trans- 
 actions in the Chancery pay office, as may from time to time be 
 required in any particular case (b). 
 
 33. Subject to any exceptions in these Eules, money in Court 
 paid in before the commencement of the Court of Chancery 
 (Funds) Act, 1872, (other than money paid in pursuant to the 
 Copyhold Acts, or to the 69th section of the Lands Clauses 
 Consolidation Act, 1845), and money arising by the sale, conver- 
 sion, or payment off of securities in Court, or dividends accru- 
 ing on securities in Court, or money brought over from the 
 credit of some other cause or matter or otherwise placed, either 
 before or after such commencement, to the credit of a cause or 
 matter in the books at the Chancery pay office, shall be placed 
 on deposit on a request in writing to the Paymaster-General 
 signed by any person claiming to be interested in such money, 
 or by his solicitor ; and, subject, as aforesaid, all money paid into 
 Court after the commencement of the Court of Chancery (Funds) 
 Act, 1872, shall be placed on deposit without a request for that 
 purpose (c). 
 
 34. If a direction in an order dealing with money in Court 
 otherwise than by directing it to be placed on deposit, whether 
 such money has been paid in before or after the commencement 
 of the Court of Chancery (Funds) Act, 1872, is brought under 
 the notice. of the Paymaster-General, or if a request in writing 
 by a solicitor, acting on behalf of any person claiming to be 
 entitled to or interested in money in Court, paid in after the 
 commencement of the same Act, that such money may not be 
 placed on deposit, is left at the Chancery pay office, such 
 money respectively shall not be placed on deposit, but the 
 person making such request may at any time withdraw the 
 
 (as) See <mfe,pp. 8, 25, 27, 31,84, 35, 47. 
 For forms of request and certificate see 
 post, Appendix V., Nos. 2, 3,39, 40,-58, 
 59, 69-74. ' ' 
 
 (b) See ante, p. 9, 47. For form of 
 
 request see post, Appendix V., No. 7. 
 (c) See ante, pp. 3, 19, 20, 25, 45, 48. 
 For form of request see post, Appendix 
 V., No. 25. 
 
CHANCERY FUNDS RULES, 1872/ 71 
 
 same, and by a like request in writing require the money to Appendix II. 
 be placed on deposit (d). 
 
 85. Money in Court shall be placed on deposit as soon as Rule 35. 
 conveniently may be after it is paid in, or, when a request to Time of placing 
 place it on deposit is required, according to the last two preceding deposit? 11 
 Rules, as soon as conveniently may be after such request is left at 
 the Chancery pay office, but the placing of money in Court on 
 deposit shall not be deferred beyond the last day of the month in 
 which the money shall be paid into Court, or in which the request 
 shall be left at the Chancery pay office (e). 
 
 36. Money in Court paid in in pursuance of the Act of the Ru } e 36 - 
 session of the ninth and tenth years of the reign of Her present m oneypaid in 
 Majesty, chapter twenty, intituled " An Act to amend an Act of ™der 9 & 10 
 "the second year of Her present Majesty, providing for the totne^Appeid 
 " custody of certain moneys paid in pursuance of the Standing Deposit Ao- 
 
 " Orders of either House of Parliament by subscribers to works or count- 
 " undertakings to be effected under -the authority of Parliament," 
 or of any Act amending the same, or money in Court paid in to 
 the Appeal Deposit Account, shall not be placed on deposit (/). 
 
 37. Except in the case of money paid into Court to the credit Rul e 37. 
 of a cause, or matter, to the credit of which money on deposit a^nt'tobe 
 shall be standing at the time of such payment, a sum of money placed on 
 less than £3 shall not be placed on deposit, nor shall a sum of de P° slt - 
 money less than £3 remain on deposit ( g ). 
 
 38. A sum of money in Court less than £100 shall not be . Kul ? 38 ' 
 invested in pursuance of an order made after the commencement aXunt'to be 
 of these Eules, unless such order shall direct the investment to invested. 
 
 be made notwithstanding that the sum shall not amount to £100. 
 This Rule shall extend to the investment of dividends accruing 
 on securities in Court, which, by an order, have been, or may 
 be, directed to be invested, and such dividends, when amounting 
 to less than £100 half-yearly, are (subject to Rule 37 (A) ) to be 
 placed on deposit until by accumulation they amount to a sum not 
 less than £100, when such sum shall, upon a request in writing by 
 or on behalf of any person claiming to be entitled thereto or in- 
 terested therein, be withdrawn from deposit and invested as directed 
 by such order («'). 
 
 39. When an order containing directions dealing with money w ^k^' of 
 on deposit, or with money which after the date of the order has m0 ney on 
 been placed and still remains on deposit, is brought to the deposit. 
 
 (d) See ante, pp. 3, 19, 20, 45, 48. (g) See ante, pp. 3, 20, 23, 25, 45, 
 For forms of request see post, Appen- 48 ; post, p. 73. 
 
 dix V., Nos. 24, 26. (h) See swpra. 
 
 (e) See ante, pp. 3, 19, 21, 45, 48. (i) See ante, p. 3, 19, 21, 25, 45, 48 
 ( f) See ante, pp. 19, 45, 46, 48. post, p\ 72. 
 
72 
 
 CHANCERY FUNDS RULES, 1872. 
 
 Appendix II. 
 
 Rule 40. 
 Money paid in 
 under 36 Seo. 3, 
 c. 52, may be 
 invested on 
 request. 
 
 Rule 41. - 
 Investing or 
 placing on de- 
 posit discon- 
 tinued on re- 
 quest. 
 
 Chancery pay. office to have such directions acted on, such 
 money, or so much thereof as may be sufficient to meet the 
 requirements of the order, may, on a request in -writing signed by 
 a person claiming to be entitled thereto or interested therein, or 
 by a solicitor acting on his behalf, be withdrawn from deposit 
 and applied as directed by the order, subject, as to investment of 
 money, to the last preceding Eule (/). 
 
 40. Eule 11 of the 1st of the Consolidated Orders of the 
 Court is hereby abrogated (k): Provided that the dividends accruing 
 on securities purchased as mentioned in such Rule, previously to 
 the commencement of these Eules, may (subject to Eule 38 (l) ) 
 be invested in like manner as if the said Eule 11 had not been 
 abrogated. 
 
 And, for the said Rule 11 so abrogated, the following Eule 
 shall be substituted : 
 
 Any money, amounting to or exceeding £100, paid into the 
 Bank pursuant to the statute 36th George 3rd, c. 52, s. 32, shall, 
 upon a written request of the person so paying it in, or his 
 solicitor, or upon a written request made by or on behalf of any 
 person claiming to be entitled thereto or interested therein, be 
 invested by the Paymaster-General, without any order for that 
 purpose, in Consolidated £3 per centum Annuities, and the 
 dividends on such annuities, and all accumulations thereon, shall 
 (subject to Eule 38) (Z) be invested in like manner, without any 
 order for that purpose ; and if such money shall have been 
 placed on deposit before such request shall be left at the Chan- 
 cery pay office, the money and any interest thereon shall, upon a 
 like request, be withdrawn from deposit, and invested as before 
 mentioned (m). 
 
 41. In all cases, upon a request in writing by a solicitor acting 
 on behalf of any person claiming to be entitled to or interested 
 in money or securities in Court, that no more dividends or 
 interest accruing on any particular securities, or on any specified 
 sum of money on deposit, may be placed on deposit, or invested, 
 being at any time left at the Chancery pay office, the Paymaster- 
 General shall be at liberty to cease to place on deposit or invest 
 any more dividends or interest accruing on such securities or on 
 such specified sum, until he has had notice that the Court has 
 made some order in that behalf (w). 
 
 0) See <wrfe,pp.3,19,23, 45,48. For 
 form of request see post, Appendix V.. 
 No. 32. ' 
 
 (k) See 2 Dan. Ch. Pr. 1912. 
 
 (I) See ante, p. 71. 
 
 (m) See ante, pp. 19, 21, 22. 23, 45, 
 
 48, 66. For forms of request see post, 
 Appendix V., Nos. 29, 30. 
 
 (n) See ante, pp. 3, 19, 22, 25, 26, 
 45. For forms of request see post, Ap- 
 pendix V., Nos. 31, 43. 
 
CHANCERY FUNDS RULES, 1872. 73 
 
 42. Interest upon money placed on deposit shall not be com- Appendix II. 
 puted on a fraction of one pound (o). Rule^ 
 
 43. Interest shall accrue by calendar months, and shall not be Limit of 
 computed for a broken period of a calendar month, and shall am ?" n * ° n 
 
 , . ,, * , „ , „ , „' , . which interest 
 
 begin on, and be computed for, the first day of the calendar is to be com- 
 
 month next after the money shall be placed on deposit, and when P uted - 
 interest shall accrue under this Rule such interest shall be Eule 43 : 
 
 computed up to, and inclusive of, and shall cease on, the last day interest is to 
 
 of the calendar month which shall next precede the day on which teg™ and 
 
 the money in respect of which it shall accrue, shall be withdrawn cease " 
 from deposit (p). 
 
 44. Interest due on the thirty-first of March and the thirtieth Eule 4 £ 
 of September in every yeaj-, on money then on deposit, shall be interest is to be 
 credited by the Paymaster-General to the cause or matter to the credited. 
 credit of which such money shall be standing, on or before the 
 
 20th day of the following month ; and when money on deposit 
 or any part thereof, shall be withdrawn from deposit, (except as 
 to money withdrawn during the months of April and October,) 
 the interest accrued, but not credited, on the money withdrawn 
 shall be credited, at the time of withdrawal, to the cause or matter 
 to the credit of which the money shall be standing at the time it 
 shall be withdrawn (q). 
 
 45. "When money on deposit standing to the credit of a cause Rule 45. 
 or matter shall consist of sums which have been placed on deposit to \e t^tedas 
 at different times, and an order shall be made for dealing with withdrawn 
 the money standing to the credit of such cause or matter, and *™ m dt *^ t f 0r 
 part of such money shall have to be withdrawn from deposit for calculating 
 the purpose of executing such order, the part or parts of such interest. 
 money last placed and remaining on deposit at the time of such 
 withdrawal, shall, for the purpose of computing interest, be 
 
 treated as so withdrawn, unless the order shall otherwise 
 direct (r). 
 
 46. Until a direction in an order dealing with interest on Rule 46. 
 money on deposit,- credited to a cause or matter as due on j^j^^ 
 either of the days mentioned in Rule 44 (s), has been brought deposit. 
 unddr the Paymaster-General's notice, such interest shall (subject 
 
 to Eule 37 (t) ) be placed on deposit, and shall be treated as 
 placed on deposit on the day on which it shall be due (u). 
 
 47. When an order directs money in Court to be invested, and Rule 47. 
 subsequently to the date of such order the money shall have been £^J^° of 
 
 money on de- 
 
 „,„-„._.„ .,£, posit directed 
 
 (o) See ante, pp. 3 19, 22 45, 48. (.) See wpr* * be inyeste(J 
 
 (p) See ante, pp. 3, 19, 22, 45, 48. (t) See ante, p. 71. 
 
 (q) See ante, pp. 3, 19, 22, 23, 45, 48. (u) See ante, pp. 3, 19, 23, 45, 48. 
 
 (r) See ante, pp. 3, 19, 22, 45, 48. 
 
74 
 
 CHANCERY FUNDS RULES, 1872. 
 
 Appendix II. 
 
 Rule 48. 
 Limit of time 
 for withdrawal 
 from deposit. 
 
 Rule 49. 
 Transfer of 
 surplus cash to 
 Commissioners 
 for Reduction 
 of National 
 Debt. 
 
 Rule 50. 
 Repayment by 
 Commissioners 
 for Reduction 
 of National 
 Debt. 
 
 Rule 51. 
 Crediting of 
 interest by 
 Commissioners. 
 
 Rule 52. 
 Conversion of 
 Government 
 securities. 
 
 placed on deposit, interest accruing in respect of such money 
 may be applied in the same manner as the dividends arising from 
 such investment are directed. to be applied (x). 
 
 •48. When money on deposit shall by an order be directed to be 
 dealt with, such money shall be withdrawn from deposit as soon 
 as may be after a request in writing for such withdrawal has 
 been left at the Chancery pay office, but such withdrawal shall 
 not be deferred beyond a week after the leaving of such re- 
 quest («/). 
 
 49. The Paymaster-General shall from time to time, but not 
 oftener than once a week, place in the hands of the Commis- 
 sioners for the Eeduction of the National Debt, any excess of 
 the common and general cash of the suitors of the Court be- 
 yond the amount which in his opinion is required for the 
 purpose of making current payments, and for that purpose the 
 Paymaster-General shall send to the Bank a direction to write 
 off from the Chancery pay office account, and to place to the 
 credit of the account of the said Commissioners on behalf of the 
 Court of Chancery, the amount of cash specified in such direction, 
 and shall send to the said Commissioners a notification thereof {£). 
 
 50. When the Paymaster-General shall require, for the pur- 
 pose of making current payments, any money placed in the 
 hands of the said Commissioners, he shall send to them a re- 
 quest in writing to pay the sum of money specified in such re- 
 quest, and the said Commissioners shall, within one week after 
 the receipt by them of such request, cause the Bank to place 
 to the credit of the Chancery pay office account the sum speci- 
 fied in such request (a). 
 
 51. The said Commissioners shall, as soon as may be after 
 the sixth of April and sixth of October in every year, credit 
 the account to be kept by them of moneys placed in their hands 
 by the Paymaster-General on behalf of the Court of Chancery 
 with such sum as the Paymaster-General shall certify to be 
 the amount of the interest which has accrued during the six 
 calendar months preceding the first of April and the first of 
 October respectively on money on deposit, and shall cause the 
 amount of Income Tax chargeable on such interest to be paid 
 over to the Receiver-General of Inland Revenue (&). 
 
 52. When Government securities in Court (consisting of Con- 
 solidated £3 per centum Annuities, or Reduced £3 per centum 
 
 (aj) See ante, pp. 3, 19, 23, 45, 48. 
 
 (y) See ante, pp. 3, 19, 23, 45, 48. 
 For form of request see post, Appendix 
 V., No. 32. ' 
 
 (a) See ante, pp. 9, 10, 45: 
 
 (a) See ante, pp. 9, 10, 45. 
 
 (b) See ante, p. 22, a. {n). 
 
CHANCERY FUNDS RULES, 1872. 75 
 
 Annuities, or New £3 per centum Annuities (J),) are by an order Appendix II. 
 directed to be converted into cash, a Eegistrar of the Court, s ~ 
 or a Master or Registrar in Lunacy, shall issue a certificate 
 for the transfer of such securities to the Commissioners for the 
 Reduction of the National Debt on behalf of the Court of Chan- 
 cery, and the Paymaster-General, upon receiving such certifi- 
 cate, shall send to the said Commissioners a notification that 
 such transfer will take place, with a request that the amount 
 of cash which is the value of such securities according to the 
 average price thereof on the day of transfer, or (if there should 
 happen to be no average price on that day) on the next following 
 day on which there shall be an average price thereof, may be 
 placed to the account to be kept by the said Commissioners of 
 money placed in their hands by the Paymaster-General, such 
 value to be determined by the said Commissioners in the manner 
 provided by the next following Rule. And the Paymaster- 
 General, upon receiving a certificate from the said Commissioners 
 that the amount of cash which is the value of such securities, 
 determined as aforesaid, has been placed to the account of money 
 due from them to him, shall credit the account in the books at 
 the Chancery pay office upon which such securities were stand- 
 ing at the time of the transfer, with such cash j and when such 
 cash shall be directed by the order to be placed on deposit, it 
 shall be deemed to have been placed on deposit, without a 
 request for that purpose, on the day on which the securities in 
 respect of which it shall be due from the said Commissioners 
 were transferred to them (c). 
 
 53. The value of Government securities of the descriptions Rule 53. 
 mentioned in the last preceding Rule shall, for the purposes of Ascertaining 
 the said Act and of these Rules, or of an order when equiva- Government 
 lent amounts are to be dealt with, be ascertained according to securities, 
 the average price of the securities appearing in the account 
 transmitted to the Comptroller-General of the said Commis- 
 sioners by the cashiers of the Bank, a copy whereof shall be 
 
 sent daily by the Bank to the Chancery pay office (d). 
 
 54. As soon as conveniently may be after the first of October, Rule 54. 
 1873, and after the same day in every succeeding third year, a ^f^^"^^ 
 list shall be prepared by the Paymaster-General, and filed in the to be trien- 
 Report Office, and a copy thereof shall be inserted in the London niailyma.de and 
 Gazette, and exhibited in the several offices of the Court, of the 
 
 titles of the causes and matters in the books at the Chancery pay 
 
 (6) Thisdescriptionof the Government (c) See ante, pp. 3, 19, 20, 26, 44, 46, 
 
 securitiesfoUo-ws,tlie language of TheNa- 47, 66, 69. 
 
 tionalDebt Act, 1870, (33 & 34 Vic. c. (d) See ante, pp. 26, n. (y), 46, 47. 
 71) 1st Sched. 
 
Rule 55. 
 Transfer of 
 small balances 
 to National 
 Debt Commis- 
 sioners. 
 
 Rule 56. 
 Certain ac- 
 counts ex- 
 cepted there- 
 from. 
 
 CHANCERY FUNDS RULES, 1872. 
 
 office (other than the causes or matters referred to in the next 
 following Eule), whereon money, or securities, may be standing, 
 and which causes and matters have not been dealt with by the 
 Accountant-General or by the Paymaster-General, (otherwise 
 than by the continuous investment or placing on deposit of 
 dividends), during the fifteen years immediately preceding such 
 first of October, and no information shall be given by the 
 Paymaster-General respecting the funds standing to the credit of 
 a cause or matter contained in any such list until he has been 
 furnished with a statement in writing by a solicitor requiring 
 such information, of the name of the person on whose behalf he 
 applies, and that, in such solicitor's opinion, the applicant is 
 beneficially interested in such funds (e). 
 
 55. As soon ast conveniently may be after the first of October, 
 1873, and the same day in each succeeding year, the Paymaster- 
 General shall carry over, to an account in the books at the Chan- 
 cery pay office, entitled, " Account of suitors' balances under £5," 
 the money and securities standing in such books to the credit of 
 the causes or matters where the money and securities shall not 
 together amount to £5, and on which the money or securities 
 shall not have been dealt with during the preceding twelve calen- 
 dar months. 
 
 The Bank upon an order of the Lord Chancellor and without 
 a cheque of the Paymaster-General as to money, but on a certifi- 
 cate of a Kegistrar of the Court, countersigned by the Paymaster- 
 General, as to Government securities, shall transfer to the account 
 of the Commissioners for the Eeduction of the National Debt such 
 amounts of money and Government securities as may appear by a 
 certificate of the Paymaster-General (a duplicate whereof shall be 
 filed) to have been so carried over, and the said Commissioners 
 shall apply all money transferred to them in pursuance of this 
 Eule in the same manner as if such money were a surplus of annual 
 revenue ; but such carrying over and application shall be without 
 prejudice to the right of any person to whom such money or secu- 
 rities may be ordered to be paid or transferred, to apply to the 
 Treasury for, and to obtain payment or transfer thereof, together 
 with any dividends that shall have accrued on such securities (/). 
 
 56. The provisions of the last preceding Eule are not to extend 
 to the causes or matters to the credit of which there is money for 
 which a cheque has been signed by the Accountant-General, or 
 may have been Bigned by the Paymaster-General, although such 
 cheque may not have been delivered out (g). 
 
 (e) See ante, pp. 4, 9, n. (d), 10, 38, 
 48, 69. Chan. Funds Ord., 1872, No. 7, 
 post, p. 79. 
 
 (/) See ante, pp. t, 10, 48. 
 (?) See ante, pp. 4, n. (h), 10, n. 
 (°), 48. 
 
CHANCERY FUNDS RULES, 1872. 77 
 
 57. When evidence is required by the Paymaster-General for Appendix II. 
 carrying into effect a direction in an order, or otherwise, statutory eTT^7 ' 
 declarations under the Act of fifth and sixth William the Fourth, Statutory de- 
 chapter sixty-two, may, unless the order shall otherwise direct, be cations sub- 
 received and acted on instead of affidavits, and such statutory affidavits. 
 declarations shall be filed in the Keport Office when the Paymaster- 
 General shall consider it necessary (h). 
 
 58. Every order or request that may be left at the Chancery pay Rule 58. 
 office, and every statutory declaration or other document required S ^ '* ^ 8 to in ' 
 
 i ■ i i ni n ■■ «. B8r " their names 
 
 to be retained there for the purpose of carrying into effect an and addresses 
 
 order, shall have legibly written thereon the name and address of on „ documents 
 
 .. .. ,., 5 J left in the 
 
 a solicitor (»). Chancery pay 
 
 59. The length of the title of any account hereafter directed or office, 
 requested to be raised in the books at the Chancery pay office is . Rule 59. 
 not to exceed thirty-six words, exclusive of the reference to the n * t ^exceed" 1 S 
 record, as defined in Eule 2 (7c), and four figures in such title are limited number 
 to be reckoned as one word ; but this rule shall not apply to any of word8, 
 account which has been directed to be raised by an order made 
 
 before the commencement of these Eules (I). 
 
 60. All documents by these Eules directed to be filed shall be Rule 60. 
 filed in the Eeport Office of the Court, and an index thereof shall j^X* *" 
 be made and kept there (m). Report Office. 
 
 Selborne, C. 
 
 We certify that these Eules are made with the concurrence of 
 the Commissioners of Her Majesty's Treasury. 
 
 E. Lowe. 
 
 W. H. Gladstone. 
 
 (h) See ante, pp. 4, 10, 13, n. (h), of indorsement see Dan. Ch. Forms, 
 
 29, 31, n. (z), 33, n. (fl>),34,n. (e),i7. Nos. 3—5. 
 
 For form of declaration see post, Ap- (k) See ante, p. 60. 
 
 pendix V., No. 10. (1) See ante, pp. 5, 10, 47. 
 
 (t) See ante, pp. 4, 10, 47. For forms (m) See ante, pp. 11, 15, 16, 47. 
 
( 78 ) 
 
 APPENDIX III. 
 
 CHANCERY FUNDS ORDERS, 1872. 
 
 Issued 23rd December, 1872. 
 
 Order 1. 
 Commencement 
 of Orders. 
 
 Order 2. 
 Interpretation 
 of terras. 
 
 The Eight Honorable Roundell Baron Selborne, Lord High 
 Chancellor of Great Britain, by and with the advice and assist- 
 ance of the Right Honorable John Lord Romilly, Master of the 
 Bolls, the Right Honorable the Lord Justice Sir William Mil- 
 bourne James, the Right Honorable the Lord Justice Sir George 
 Mellish, the Honorable the Vice-Chancellor Sir Richard Malins, 
 the Honorable the Vice-Chancellor Sir James Bacon, and the 
 Honorable the Vice-Chancellor Sir John Wickens, doth hereby, 
 in pursuance of the powers contained in " The Court of Chancery 
 (Funds) Act, 1872 " (a), and of all other powers and authorities 
 enabling him in ihat behalf, order and direct in manner follow- 
 ing :— 
 
 1. These Orders shall come into operation on the 7th day of 
 January, 1873 ; and may be cited as -the " Chancery Funds Orders, 
 1872 " (b). 
 
 2. In these Orders, and in orders as herein denned, terms shall 
 have the same meaning as the same terms in the Court of Chan- 
 cery (Funds) Act, 1872 (c), and as prescribed by the Chancery 
 Funds Rules, 1872 (d) ; and the term " Court " shall mean the 
 Court of Chancery, and include a Judge thereof, whether sitting 
 in Court or at Chambers ; and the term " order " shall mean an 
 order of the Court of Chancery hereafter to be made, and shall 
 include a decree ; and the term " cause or matter " shall, in these 
 
 ^Orders, include a separate account in a cause or matter, and a matter 
 intituled merely as an account, and words importing the singular 
 number shall include the plural number, and words importing the 
 plural number shall include the singular number; and words im- 
 porting the masculine gender shall include females. 
 
 («) 
 
 p. 49. 
 
 35 & 36 Vice. 44, B . 19 ; ante, (c) See 35 & 36 Vic. c. 44, s. 3 
 
 ante, pp. 40, 41. 
 bee ante, p. 1. (d) Sbb ».«.«<> n ko nn 
 
 ay. 
 
 (J) See ante, p. 
 
 ante, pp. 40, 41. 
 
 (d) See ante, p. 59, 60. 
 
CHANCERY FUNDS ORDERS, 1872. 
 
 79 
 
 3. Rules 14, 15 (/), and 16 (g), of the first of the Consolidated 
 Orders of the Conrt, and Rule 5 (A) of the fifth of the same 
 Orders, are hereby abrogated. 
 
 4. The person making a transfer, payment, or deposit upon 
 request to the credit of a cause or matter, as provided by the 10th 
 of the Chancery Funds Rules, 1872 («'), shall forthwith give notice 
 thereof to the solicitors on the record for the parties to the cause, 
 or, in case of a matter, to the persons interested, if known, or to 
 their solicitors, if any, stating in such notice what the money or 
 securities comprised in such transfer, payment, or deposit repre- 
 sent, and for what purpose such transfer, payment, or deposit has 
 been made ; and such notice may be sent by post (/). 
 
 5. The Registrars of the Court shall not, without a special 
 direction of a Judge, be required to issue certificates for the sale, 
 transfer, or delivery of securities in Court during any vacation in 
 their office (k). 
 
 6. Applications under the Court of Chancery (Funds) Act, 
 1872, for the conversion into cash of Government securities in 
 Court (F) of any of the three descriptions mentioned in the 28th 
 of the Chancery Funds Rules, 1872 (m), and for placing cash on 
 deposit, or for dealing with interest on money on deposit («), may 
 be made to the Master of the Rolls and the Vice-Chancellors 
 respectively, while sitting at chambers. 
 
 7. When a cause or matter has been inserted in the list men- 
 tioned in the 54th of the Chancery Funds Rules, 1872 (o), the fact 
 shall be stated in any petition to the Court, affecting money or 
 securities to the credit of such cause or matter (p). 
 
 8. Applications under the Copyhold Acts respecting any secu- 
 rities or money in Court, shall be made by summons at the cham- 
 bers either of the Master of the Rolls or of one of the Vice- 
 Chancellors ; but notice of any such application is not to be 
 given to the Copyhold Commissioners, except when the Judge 
 may so direct ; and this order shall be deemed an additional 
 article to Rule 1 of the 35th of the Consolidated Orders of the 
 Court (q). 
 
 Appendix III. 
 
 Order 3. 
 Abrogation of 
 certain orders 
 in Chancery. 
 
 Order 4. 
 Notice of pay- 
 ment, transfer, 
 or deposit on 
 request. 
 
 Order 5. 
 
 Restriction on 
 issuing certifi- 
 cates during 
 vacations. 
 
 Order 6. 
 
 Applications 
 at chambers. 
 
 Order 7. 
 Petitions re- 
 specting money 
 or securities on 
 list df funds 
 not dealt with. 
 
 Order 8. 
 Applications 
 under Copy- 
 hold Acts to 
 be made at 
 chambers. 
 
 (J) See 2 Dan. Ch. Pr. 1632, 
 1637 n. (q), 1661. 
 
 (a) See 2 Dan. Ch. Pr. 1666. 
 
 (A) See 1 Dan. Ch. Pr. 339. 
 
 (i) See ante, pp. 2, 12, 14, 17, 63. 
 
 (j) See ante, p. 15. For form of 
 notice see post, Appendix V., No. 19. 
 
 tk) See ante,w- 2, 26, n. (b), 34, 69. 
 
 (Z) See ante, p. 23, 27. For form of 
 summons see post, Appendix V., 
 No. 47. 
 
 (m) See ante, pp. 68, 69. 
 
 (ra) See ante, p. 23. For forms of 
 summons see post, Appendix V., Nos. 
 33, 34. 
 
 (o) See ante, pp. 75, 76. 
 
 (p) See 'orate, pp. 10, n. (m), 38, 
 75, 76. 
 
 (q) See ante, pp. 5, 37, 38. For 
 forms of summons see post, Appendix 
 V., Nos. 75, 76. 
 
80 
 
 CHANCERY FUNDS ORDERS, 1872. 
 
 Appendix III. 
 
 Order 9. 
 
 Certain articles 
 and securities 
 not to be re- 
 ceived by Clerks 
 of Records and 
 Writs. 
 
 Order 10. 
 Proceedings 
 and documents 
 in a cause to be 
 marked with 
 reference to 
 record. 
 
 Order 11. 
 
 Solicitors' fees. 
 
 9. The Clerks ofEecords and Writs shall not receive into their 
 custody effects of the suitors consisting of jewels or plate, or other 
 articles of a like nature, or negotiable securities (r). 
 
 10. No order in a cause shall be passed or entered, and no cer- 
 ficate in a cause of a Chief Clerk of a Judge of the Court, or of a 
 Taxing Master of the Court, shall be signed or filed, and no peti- 
 tion in a cause shall be answered, and no summons in a cause shall 
 be issued, and no affidavit made in a cause shall be filed, until the 
 same respectively be either marked with the reference to the record, 
 as prescribed by Rule 48 of the 1st of .the Consolidated Orders of 
 the Court, or be inscribed with a note indicating that the cause 
 was commenced prior to 2nd November 1852, and the correctness 
 of such reference may be required to be authenticated by the offi- 
 cial seal of the Clerks of Eecords and Writs being impressed on 
 every such document (s). 
 
 11. Solicitors shall be entitled to charge and be allowed the 
 same fees on proceedings under these Orders, and under the Chan- 
 cery Funds Rules, 1872, as they are, by the orders and practice of 
 the Court, entitled to charge and be allowed in respect to proceed- 
 ings of a similar or analogous description (t)'. 
 
 Selboene, C. 
 
 ROMILLT, M.R. 
 
 William Milbouene James, L.J. 
 Geoege Mellish, L.J. 
 
 RlOHABD MALINS, V.C. 
 
 James Bacon, V.C. 
 John Wickens, V.C. 
 
 (r) See write, pp. 5, 17, 18. 
 
 (s) See ante, pp. 4, 11. As to refer- 
 ence to record see Dan. Ch. Forms, 
 No. 1 ; ib. n. {a). For form of refer- 
 ence see Chan. Funds Rules, 1872, 
 No. 2 ; ante, p. 60 ; and post, Ap- 
 
 pendix V., No. 1. 
 
 (t) See ante, p. 11. For tables of 
 solicitor's fees see Regul. to Ords. 2nd 
 and 3rd Scheds. ; Dan. Ch. Forms 
 Nos. 1546—1568. 
 
APPENDIX IV. 
 
 CHANCERY FUNDS (LUNACY) ORDERS, 1872. 
 
 The 23rd day of December, 1872. 
 
 I, the Right Honorable Roundell Baron Selborne, Lord High 
 Chancellor of Great Britain, intrusted by virtue of Her Majesty 
 the Queen's Sign Manual with the care and commitment of the 
 custody of the persons and estates of persons found idiot, luna- 
 tic, or of unsound mind, do, with the advice and assistance of the 
 Right Honorable the Lord Justice Sir William Milbourne James, 
 and the Right Honorable the Lord Justice Sir George Mellish, the 
 Lords Justices of the Court of Appeal in Chancery, being also 
 intrusted as aforesaid, and by virtue and in exercise of the powers 
 or authorities in this behalf vested in me by the Lunacy Regula- 
 tion Acts, 1853 (a) and 1862 (b), and the Court of Chancery 
 (Funds) Act, 1872 (c), and of every other power or authority in 
 anywise enabling me in this behalf, order as follows : — ■ 
 
 1. These Orders shall come into operation on the 7th day of Order !• 
 January, 1873, and may be cited as the " Chancery Funds Lunacy menroTorders. 
 Orders, 1872." 
 
 2. Terms, words and expressions in these Orders shall be read Order 2. 
 and construed according to the interpretation thereof contained " te ^g_ a lon 
 in the 2nd section of the Lunacy Regulation Act, 1853, and the 
 
 Court of Chancery (Funds) Act, 1872 (c), and the 3rd provision 
 of the General Orders of the 7th November, 1853 (d), and the 
 word " Court " shall mean the Court of Chancery ; and the word 
 " order " shall include a report of a Master in Lunacy confirmed 
 by fiat. 
 
 3. The 49th, 50th, and 51st of the General Orders in Lunacy Order 3. 
 of 7thNovember, 1853 (e), shall be, and they are hereby abrogated. £j£j*StaI 
 
 4. An order or certificate of the Masters, containing directions in Lunacy. 
 
 (a) 16 & 17 Vic. c. 70. Pt. II. 444 ; Elmer's Prac. in Lunacy, 
 
 (b) 25 & 26 Vic. e. 86. 324. 
 
 (c) 35 & 36 Vic. c. 44, s. 3 ; ante, (e) For these orders, see 17 Jur. 
 pp. 40 41. P*- n. 448; Elmer's Prac. in Lunacy, 
 
 {d) For the provision, see 17 Jur. 336. 
 
82 
 
 CHANCERY FUNDS (LUNACY) ORDERS, 1872. 
 
 •Appendix IV. 
 
 N ^ -* 
 
 Order 4. 
 Construction of 
 existing orders. 
 
 Order 5. 
 Mode of fram- 
 ing orders and 
 certificates. 
 
 Order 6. 
 Declarations of 
 trust not re- 
 quired in future. 
 
 for payment into, or deposit in the Bank of England, with the 
 privity of the Accountant-General of the Court of Chancery, to the 
 credit of the matter of a lunatic, of money, securities, or other 
 effects, or for the transfer into the name and with the privity of 
 the Accountant-General in trust in the matter of a lunatic of stock 
 or securities, and specifying the account, if any, to which the 
 money, stock, securities, or other effects is or are to be placed, and 
 which directions shall not at the coming into operation of these 
 Orders have been acted upon, shall be read and construed as if they 
 directed such money, stock, securities, and other effects respectively 
 to be paid and transferred into, and deposited in Court to the 
 credit of the matter of such lunatic and account, if any, re- 
 spectively. 
 
 5. After the coming into operation of these Orders, an order 
 and any certificate of the Masters for the purpose of a payment or 
 transfer into or deposit in Court of money, stock, securities, or 
 other effects shall direct such payment or transfer to be made into, 
 and deposit to be made in Court, to the credit of the matter of 
 the lunatic, to the account, if any, to which it is intended that 
 such money, stock, securities, or other effects should be placed. 
 
 6. After the coming into operation of these Orders no decla- 
 ration of trust with respect to stock or securities transferred into 
 Court to the credit of the matter of a lunatic shall be required to 
 be made. 
 
 Selborne, C. 
 
 William Milbourne James, L.J. 
 
 George Mellish, L.J. 
 
( 83 ) 
 APPENDIX V. 
 
 FOKMS. 
 
 A. v, B., 1872, A. 100 (V). 
 
 Court of Chancery. 
 To the Paymaster-General. 
 
 day of - 
 
 187— 
 
 A certificate of the (state the transaction of which the certificate 
 
 is desired (d) ) on the day of of (state the money or 
 
 securities dealt with) then standing to the credit of (state the title 
 of the cause or matter and account, if any) is requested for the use 
 of (state for what purpose the certificate is required). 
 A. B., of 
 
 (Name and address of solicitor together 
 with, if there is any, address for ser- 
 vice, Address for service at ) 
 
 Solicitor for (Name of the party or 
 person for whom he acts) (e). 
 
 Short title of 
 cause and 
 reference to 
 the record (a). 
 
 2. 
 
 Bequest for 
 certificate of 
 dealing -with 
 money or 
 securities in 
 Court (o). 
 
 Court of Chancery. 
 
 At the request of Mr. 
 
 Chancery Pay Office, 
 
 day of 187— 
 
 solicitor for the I hereby 
 
 (a) See ante, pp. 4, 11, 14, 60, 80. 
 
 (b) This is the form prescribed by Chan. Funds Rules, 1872, No. 2 (ante, 
 p. 60) ; and see Dan. Ch. Forms, No. 1, n. (as). The correctness of the reference 
 to the record may be required to be authenticated by the official seal of the Clerks 
 of Records and Writs being impressed on the document, and if the cause was 
 commenced prior to 2nd Nov., 1852, a note to that effect must be inscribed in the 
 document ; Chan. Funds Ord., 1872, No. 10 ; ante, p. 80. 
 
 (c) See ante, pp. 8, 25, 27, 31, 34, 35, 70 ; Chan. Funds Rules, 1872, No. 
 31 ; ante, p. 70. A certificate Of a transaction previous to the 7th' Jan. 1873, 
 or of a payment, transfer, or deposit, into or in, court- will not be granted, as 
 office copies of the certificates of these operations, which are the proper evidence 
 thereof, can be obtained from the Report Office; see 2 Dan. Ch..Pr. 1635; Chan. 
 Funds Rules, 1872, No. 16 ; ante, p. 64. 
 
 (<2) See post, Nos. 39, 45, 58, 69, 71, 73. 
 (e) See also Dan. Ch. Forms, Nos. 3 — 5, 54. 
 
 o 2 
 
 3. 
 
 Certificate -of 
 dealing "with 
 money or 
 securities in 
 Court (c). 
 
84 
 
 FORMS. 
 
 Appendix V. certify that on the day of the (the transaction a certi- 
 
 ~^ ficate of which is desired will he here stated) (g), 
 
 4. 
 
 Request for 
 certificate of 
 fund in 
 Court (h). 
 
 Certificate of 
 fund in 
 Court (h). 
 
 6. 
 
 Bequest for 
 transcript of 
 accounts (I). 
 
 Bequest for 
 search for in- 
 formation (to). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 day of ■ 
 
 187- 
 
 A certificate of the fund in Court to the credit of (state the 
 title of cause, or matter, and of each account (i),if any),is re- 
 quested for the use of {state for what purpose required). 
 A. B., of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of the party or person for whom 
 he acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 
 
 At the request of Mr. 
 
 Chancery Pay Office, 
 
 day of • 
 solicitor for the - 
 
 187—. 
 I hereby 
 
 certify that there is now remaining in the books at this office, to" 
 the credit of 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 A transcript of the account in your books in (state the title of 
 the cause or matter, and of each account, if any) is requested. 
 
 Dated the day of 187—. 
 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 Court of Chanoery. 
 To the Paymaster-General. 
 
 ■ day of ■ 
 
 187—. 
 
 I request that a seareh may be made in the books of the Chan- 
 cery Pay Office to supply information respecting the (shite the 
 
 (o) See post, Nos, 40, 46, 59, 70, 72, 74. 
 
 (h) See write, pp. 9, ib. n. (d), 69 ; Chan. Funds Rules, 1872, No. 30 ; ante, 
 p. 69. 
 
 (t) No general description will be attended to, see ante, p. 9, n. (d), Chan. 
 Funds Rules, 1872, No. 30 ; ante, p. 69. 
 
 (Z) See ante, pp. 9, 69 ; Chan. Funds Rules, 1872, No. 30 ; ante, p. 69. 
 
 (ra) See ante, pp. 9, 70 ; Chan. Funds Rules, 1872, No. 32 ; ante, p. 70. A 
 5s. Chancery Fee Fund stamp must be affixed to this request; see Regul. to 
 Ord. 4th Sched. ; Dan. Ch. Forms, 1554 (9). Before affixing the stamp it will 
 be better to inquire whether the information will be granted. 
 
FORMS. 
 
 85 
 
 transaction with respect to which information is desired, and its Appendix V 
 
 date, or the date of the order under which it took place, &c.\ "• ~ 
 
 A.B.,of 
 Solicitor for 
 
 {Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 
 To the Paymaster-General. 
 
 day of ■ 
 
 187- 
 
 8. 
 
 Bequest for ' 
 negative cer- 
 tificate (n). 
 
 A certificate that £ cash [Or, Consolidated £3 -per centum 
 
 Annuities, as the case may be] has not been paid [Or, transferred, 
 as the case may be] into Court to the credit of (state the cause or 
 matter and account, if any, to which the payment or transfer was 
 to be made), pursuant to the order dated {state the date of the 
 order), is requested for the use of {state for what purpose the ne- 
 gative certificate is required). 
 
 A. B., of 
 Solicitor for 
 {Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). . 
 
 Court of Chancery. 
 
 At the request of Mr. - 
 
 certify that has not 
 
 General paid [Or, transferred, as the casemay,be] into the Court 
 
 of Chancery to the credit of , the sum of pursuant to 
 
 an order dated the 
 
 Chancery Pay Office, 
 
 day of 187— 
 
 — , solicitor for the , I hereby 
 
 with the privity of the Paymaster- 
 
 Court of Chancery. 
 
 I, A. B. of {residence and description or addition), do solemnly 
 and sincerely declare that {set forth the matters declared to), and I 
 make this solemn declaration conscientiously believing the same 
 to be true, and by virtue of the provisions of an Act made and 
 passed in the sixth year of the reign of his late Majesty "William 
 the Fourth, intituled " An Act to repeal an Act (q) of the pre- 
 sent session of Parliament, intituled ' An Act for the more effec- 
 tual abolition of oaths and affirmations taken and made in 
 various departments of the State, and to substitute declarations 
 
 (re) See ante, pp. 9, 18. 
 
 (p) See ante, pp. 4, 10, 13, n. (h), 29, 30, 31, n. (z), 33 ; Chan. Funds Rules, 
 1872, No. 57 ; ante, p. 77. See also Dan. Ch. Forms, No. 36 ; 5 & 6 Will. 4, 
 c. 62, s. 18, and Sched. Affidavits and declarations, to be used in the Chancery 
 Pay Office are held to be within the first exemption contained in the Stamp Act, 
 1870 (33 4; 34 Vic. c. 97), Sched., and therefore not liable to duty. 
 
 (?) 5 & 6 Will. 4, c. 8. 
 
 9- 
 
 Negative cer- 
 tificate (ri). 
 
 10. 
 
 Formal parts 
 of statutory 
 declaration to 
 be used in 
 Chancery Pay 
 Office (p). 
 
86 
 
 FORMS. 
 
 Appendix V. in lieu thereof, and for the more entire suppression of voluntary 
 v ~ ' and extra-judicial oaths and affidavits,' and to make other provi- 
 sion for the abolition of unnecessary oaths." 
 
 10a. 
 
 Declarat 
 thereto (r). 
 
 11. 
 
 Order for 
 payment of 
 money into 
 Court (s). 
 
 To the declarant : Is that your name and handwriting ? 
 You do solemnly and sincerely declare that the contents of this 
 your declaration are true ? 
 
 Declared at {State where) this d 
 
 of , 187—, 
 
 before me, 
 
 CD. 
 (Add style of office.) 
 
 A. B. 
 
 Let the defendant B. (or as may be) on or before the (the date 
 on or before which the payment in is to be made (i)), pay the sum 
 
 of pounds into Court to the credit of this cause (short title 
 
 of the cause and reference to record as thus, A. v. B. 1872, A. 
 100 (u), and separate account, if any). 
 
 12- Let the defendant, B. (or as may be) on or before the (the date 
 
 Order for before which "the transfer is to be made (I)), transfer pounds 
 
 transfer into Consolidated £3 per cent.- Annuities [Or, Keduced £3 per cent. 
 Court («). Annuities, Or, New £3 per cent. Annuities (s), or, as may be (a)] 
 
 standing (state the name or names in which the stock is standing) 
 into Court to the credit of this cause (short title of cause and 
 reference td the record, as thus, A. v. B. 1872, A. 100 (u), and 
 separate account, if any), and receive any dividends (b) on the 
 said Annuities now due, or to become payable to him before 
 
 (r) See Dan. Ch. Forms, No. 37. 
 
 («) See ante, pp. 12— 15 ; Chan. Funds Rules, 1872, Nos. 9, 15, 16 ; ante, 
 pp. 62, 64. ■, '"y/V, 
 
 (*) See as to the tecessity of limiting a time within which the payment is to be 
 made, ante, p. 9 ; 1 Daii. Ch. Pr. 903, 904 ; as to form to be made use of for 
 limiting the time, see 1 Dan. Ch. Pr. 903, n. (n). 
 
 (it) "See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
 (z) This is the description of the stock to be made use of ; it is adopted in Chan. 
 Funds Rules, 1872, Nos. 28 and 52 (see ante, pp. 68, 75), and follows the lan- 
 guage of the National Debt Act, 1870 (33 & 34 Vic o. 71), 1st Sched. 
 
 (a) When the securities are transferable by deed, the deed of transfer will have 
 to be executed by the Assistant Paymaster-General for Chancery business, as 
 accepting the securities on behalf of the Paymaster/General ; iiee iJe Ives, 3 De 
 G. J. & S. 453: 9 Jur. N. S. 611. At -wWkAh /£*. fP/fUi-d 1/ W-/^ 
 
 (S)-Ihe word dividends by the Court of Chancery (Funds) Act, 1872 (35 & 36 
 Vic. e. 44), s. 3 (ante, p. 40), and Chan. Funds Rules, 1872, No. 2 (ante, p. 59), 
 and Chan. Funds Ord., 1872, No. 2 (ante, p. 78), includes interest on securities, 
 and the word interest should only be used in relation to money on deposit. 
 
FORMS. 
 
 87 
 
 or after such transfer and within (state the limited time within Appendix V. 
 which such dividends are 4o be paid into Court (c)), after such re- 
 ceipt pay such dividends (d) into Court to the same credit [if 
 ordered, and let such dividends when so paid in and the dividends 
 to accrue on such Annuities, and all accumulations thereon, be 
 invested in like Annuities (e)]. 
 
 13. 
 
 Let the defendant B. (or as may be) on or before the (the date Order for 
 on or before which the securities are to be deposited (c)), deposit in f?V°fj "* 
 Court to the credit of this cause (short title of the cause and refe- L,ourt (/> 
 rence to record, as thus, A. v. B. 1872, A. 100 (h), and separate 
 account, if any), the following (state the securities to be deposited 
 as thus : Exchequer Bills amounting in the whole to six hun- 
 dred pounds, that is to«say, No. 100 for £500, dated, &c, and 
 No. 90 for £100, dated (*) &c. [or any other Bills for which the 
 same may have been exchanged (A)]). 
 
 Let the Defendant B. (or as may be) on or before the (the _ , „ ' 
 date on or before which the deposit is to be made (c)), deposit in a box jiL^L ° n 
 in the presence of the Solicitors for the Plaintiffs and Defendant Court of effects 
 B. (or as may be), the several articles of plate [or, jewellery, or, r securities 
 
 which cannot 
 
 ( C )Seea»*,p.86 J n.(0. S tSmf 
 
 (d) It is not necessary to direct in the order that the amount of the dividends ___.„__ „. 
 shall be verified hy affidavit, as the Paymaster-General may require them to be Exchequer 
 verified by statutory declaration under Chan. Funds Rules, 1872, No. 57 (ante, Bills (I). 
 
 p. 77), without any such direction. : 
 
 (e) It is not necessary to state in the order to what credit the stock purchased 
 is to be placed, unless it is intended that the stock shall be placed to some 
 credit different from the credit to which the money to be ; i invested is stand- 
 ing ; see Chan. Funds Rules, 1872, No. 24; ante, p. 67. '" Sarnie credit" will 
 be understood to mean the whole title to which it refers^ ineludjjtg the account, 
 if any. ■' ,"• ' > 
 
 (/) See ante, pp. 12—16 ; Chan. Funds Rules, 1872; Nos.: 9, 15, 16 ; ante, 
 pp. 62, 64. The following securities may be brought into, Court under the Court 
 of Chancery (Funds) Act, 1872-73, 6 & 10 :— (1) Those passing by delivery (as 
 Exchequer Bills) ; (2) Those passing by registered deed (as Railway Debentures) ; 
 (3) Those transferable in books (as Consols) ; (4) Those transferable by regis- 
 tered deed (as Railway Stock). Nos. (1) and (2) would be deposited in Court, 
 and Nos. (3) and (4) would be transferred into Court. Any securities which do 
 not come within the four preceding classes must be placed in a box, and the box 
 deposited in Court as in supra, No. 13a ; and see Povak v. Walker, 6 March,<j| 
 1873, M. R. ; see also ante, p. 14 n. (c) ; post pp. 120, 121. fa. Ai+O fodtl* 
 
 (h) See ante, pp. 4, 11, 60, 83, No. 1. 
 
 (i) The different securities, and the number, date, and amount of each, must be 
 accurately specified in the order^see ante, p. 15, n. (e). As to transfer inky 
 Court of securities, see ante, p. 86 n. (a). 
 
 (h) If the Exchequer Bills are about to fall due, these words should be added. 
 
 (I) See ante, pp. 15, 16. 
 
88 
 
 FORMS. 
 
 Appendix V. the certificates and other documents of title of the 200 shares in 
 the Company mentioned] set forth in the schedule hereto, and 
 such box is -to be indorsed "In Chancery (Short title of cause 
 and reference to record, as thus, A. v. B. 1872, A. 100 ^o), and 
 separate account, if any), plate " (Or, jewellery, or, securities). And 
 let the said B. (or as may be), within the time aforesaid deposit 
 such box in Court to the credit of this cause (Short title of cause 
 and reference to record as thus : A. v. B. 1872, A. 100 (o), and 
 separate account, if any). [If required, add: And let such box be 
 delivered out within fifteen days after the 1st of January, 187 — , 
 and the 1st July, 187 — (or as may be (p)), and after the same 
 days in each succeeding year to the Defendant B. (or as may 
 be), for the purpose of receiving the dividends (q) on such secu- 
 rities. And let the said securities be redeposited in such box in 
 the presence of the Solicitors for the Plaintiff and the Defendant 
 B. (or as may be). And let the Defendant B. (or as may- be), 
 on or before the 20th of January, 187 — , and the 20th of July, 
 187 — (or as may be), and the same days in each succeeding 
 year redeposit such box in Court to the same credit. And let 
 the Defendant B. (or as may be) receive such dividends, and on 
 or before the 20th of January, 187 — , and the 20th of July, 187 — 
 (or as may be), and the same days in each succeeding year pay 
 such dividends into Court to the same credit.] 
 
 14. 
 
 Request for 
 direction for 
 payment in 
 under the 
 Lands Clauses 
 Consolidation 
 Act, 1845 (r). 
 
 Court of Chancery. 
 To the Paymaster-General. 
 
 A direction is requested pursuant to the 69th section of the 
 Lands Clauses Consolidation Act, 1845, and the (special Act 
 or Acts under which the land is taken) to enable (the Promotors of 
 the undertaking) to pay into the Court of Chancery the sum of 
 , to the credit of " Ex parte the " (Promoters of the under- 
 taking), " in the matter of the " (cite the Special Act), " in respect 
 of lands " (add some words briefly expressive of the nature of the^ 
 inability to sell or convey (s)), being the purchase-money agreed 
 [Or, awarded] (as the case may be) to be paid (Or, the amount of 
 the valuation, &c, as in the Lands Clauses Consolidation Act, 1845), 
 
 f r land in which is interested as (state the nature of the 
 
 owner's Merest, specifying briefly the nature of the inability to sell 
 
 (o) See ante, pp. 4, 11, 60, 83, No. 1. 
 
 (p) The days in each year on which the dividends on the securities are payable. 
 
 (q) The word dividends, by the Court of Chancery (Funds) Act, 1872 (35 & 36 
 t Vic. c. 44), s. 3 (ante, p. 40), and Chan. Funds Rules, 1872, No. 2 (ante, p. 59), 
 and, Chan. Funds Ord., 1872,' No. 2 (ante, 78), includes interest on securities. It 
 is not necessary to direct in the order the amount of these dividends to be verified 
 by affidavit, as the Paymaster-General may require them to be verified by statu- 
 tory declaration under Chan. Funds Rules, 1872, No. 57 (ante, p. 77) without 
 any such direction. 
 
 (r) See ante, pp. 2, 13, 16, 63, 64 ; Chan. Funds Rules, 1872, No. 13 ■ ante 
 pp. 63, 64. ' ' 
 
 («) See Chan. Funds Rules, 1872, No. 13 ; ante, pp. 63, 64. 
 
FORMS. 
 
 89 
 
 or convey (s), and which the said — — is unable to sell or convey Appendix V. 
 
 except under the powers of the said Acts. > ' 
 
 Dated the day of 
 
 A. B., of 
 Solicitor for 
 {Name and address of solicitor, and 
 name of person for whom he acts, as 
 in No. 2, ante, p. 83). 
 
 15. 
 
 Request for a 
 direction for 
 payment in 
 under the 
 Legacy Duty 
 Act (<). 
 
 The certificate of the payment of the legacy duty issued 
 under the Legacy Duty Act, («) contains a request for the 
 payment into Court, and there must be written on the certificate, 
 a statement signed by the person desiring to make the payment 
 in or his solicitor, and specifying the circumstances under which 
 the payment is made and the amount to be paid in. 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 A Direction is requested pursuant to the Copyhold Acts to 
 enable {name the person to pay in) to pay into the Court of Chan- 
 cery the sum of to the credit of " Ex parte the Copyhold 
 
 Commissioners." The account of the manor of {give csrrect name 
 of manor) being the consideration money for the enfranchisement 
 of land {or as may be) part of the said manor of which {name 
 the Lord of the Manor) is Lord as {state the interest of the Lord, 
 as thus : tenant for life, or the disability or other reason in conse- 
 quence of which the money is paid in). 
 
 Dated the day of 
 
 A. B., of" 
 
 Solicitor for . 
 
 {Name and address of solicitor, and 
 name of person for whom he acts, as in 
 No. 2, ante, p. 83). 
 
 16. 
 
 Request for 
 direction for 
 payment in 
 under the 
 Copyhold 
 Act (x). 
 
 Court of Chancery. _ 
 
 To the Paymaster-General. *■'• 
 
 A Direction is requested to enable {name the party or person to ?. eqil ®*i f ? r 
 
 make the payment in) to pay into Court the sum of {state the sum direction lor 
 
 to be paid in) to the credit of {state the short title of the cause, or Co^^without 
 
 matter, and the reference to the record {a) in the case of a cause, aI1 order (z). 
 
 (s) See Chan. Funds Rules, 1872, No. 13 ; ante, pp. 63, 64. 
 
 (t) See ante, p. 13. 
 
 («) See 36 Geo. III., c. 52, s. 32 ; 12 & 13 Vic. o. 1, s. 3. 
 
 (x) See ante, pp. 2, 13, 16, 64 ; Chan. Funds Rules, 1S72, No. 14 ; ante, 
 p. 64. 
 
 (s) See ante, pp. 2, 12, 14, 62, 63, 79. 
 
 (a) The reference to the record must be authenticated by the Seal of the Clerks 
 of Records and Writs ; see Chan. Funds Rules, 1872, No. 11 (ante, p. 63) ; for 
 form of reference to record, see ante, pp. 11, u. (i>), 60, 83, No. 1. 
 
90 
 
 FORMS. 
 
 Appendix V. and the separate account, if any), pursuant to Eule 10 of the 
 Chancery Funds Rules, 1872 (b). Such money not having been 
 directed to be paid into Court by any decree or order ; and not 
 being money to be paid into Court in pursuance of any Act of 
 Parliament, or General Order, by which some particular autho- 
 rity is required to enable the payment to be made. 
 
 Dated the day of 187 — . 
 
 A. B., of 
 Solicitor for 
 {Name and address of solicitor, and 
 ■ name of party or person, for whom 
 he acts, as in No. 2, ante, p. 83). 
 
 17a. 
 
 Request for 
 direction for 
 transfer into 
 Court -without 
 an order (c). 
 
 Court of Chancery. 
 
 To the Paymaster- General. 
 A Direction is requested to enable {Name the party or person 
 to make the transfer) to transfer into Court the sum of {state the 
 securities {d)to be transferred (e), and their amount), to the credit of" 
 {state the short title of the cause, or matter, and the reference 
 to the record (/), in .the case of a cause, and the separate 
 amount, if any), pursuant to Eule 10 of the Chancery Funds 
 Eules, 1872 {b). Such Securities not having been directed to be 
 transferred into Court by any decree , or order ; and not being 
 Securities to be transferred into Court in pursuance of any Act 
 of Parliament, or General Order, by which some particular autho- 
 rity is required to enable the transfer to be made. 
 
 Dated the day of 187—. . 
 
 A. B., of 
 Solicitor for 
 {Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 17b. 
 
 Request for 
 direction to 
 deposit securi- 
 ties in Court 
 without an 
 order (e). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 A Direction is requested to enable {Name the party or person to 
 make the deposit) to deposit in Court the followingJ3ecurities (e), 
 
 (6) See cmte, pp. 62, 63. 
 
 (c) See cmte, pp. 2, 14, 62, 63, 79. 
 
 (d) The securities and amount of caBh must be accurately specified in the re- 
 quest; see cmte, p. 14, n. (e). For mode of describing Government securities, 
 ante, pp. 68, ib. n («), 75, ib. n. (6). 
 
 (e) Where the securities are transferable by deed, the deed of transfer will 
 have to be executed by the Assistant Paymaster- General for Chancery business, as 
 accepting the securities on behalf of the Paymaster-General; see Re Ives, 3 De 
 G. J. &S. 453; 9 Jur. N. S. 611. 
 
 (/) The reference to the record must be authenticated by the Seal of the Clerks 
 of Records and Writs ; see Chan. Funds Eules, 1872, No. 11 (ante, p. 63). For 
 form of reference to record, see ante, pp. 11, n. (■»), 60, 83, No. 1. 
 
FORMS. 
 
 91 
 
 that is to say (stale the amount, number, and date of each Bond, Appendix V. 
 
 Debenture, &c, and the total amount of each hind (h), to the credit 
 
 of (state the short title of the cause, or matter, and the reference to 
 
 the record («), in. the case of a cause, and the separate account, if 
 
 any), pursuant to Rule 10 of the Chancery Funds Rules, 1872 (Jc). 
 
 Such Securities not having been directed to be deposited in 
 
 Court by any decree or order ; and not being Securities to be 
 
 deposited in Court in pursuance of any Act of Parliament, or 
 
 General Order, by which some particular authority is required to 
 
 enable the deposit to be made. 
 
 Dated the dav of 187 — . 
 
 "A. B., of 
 Solicitor for 
 (Name and address of solicitor, and 
 t name of party or person for lohom he 
 acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 
 
 Chancery Pay Office, 
 : '-?-. — : day of — 
 I hereby certify that on the day of ■ 187- 
 
 into the Bank of England the sum of • 
 
 1873. 
 ■paid 
 
 to the account of the 
 
 Paymaster-General for the time being on behalf of 'the Court of 
 Chancery, which money has been placed, in the -Books at this 
 Office to the credit of (Title of the cause, or, matter, and separate 
 account, if any), being money payable into Court to the like 
 credit pursuant to order dated , and a filed the 
 
 18. 
 
 Paymaster- 
 General's cer- 
 tificate of pay- 
 ment into 
 Court (I). 
 
 Court of Chancery. 
 
 I hereby certify that on 
 
 Ohanqery Pay Office, 
 
 day of — 
 
 the day of , 187—, 
 
 1873. 
 
 18a. 
 
 Paymaster- 
 General's cer- 
 tificate of 
 
 transferred to the account of the Paymaster-General for the time transfer into 
 
 being, on behalf of the Court of Chancery, the sum of £ Con- Court (i!). 
 
 solidated £3 per cent. Annuities (or as may be), which Securi- 
 ties have been placed in the Books at this Office to the credit of 
 (Title of the cause, or matter, and separate account, if any), being 
 Securities transferable into Court to the like credit pursuant to 
 Order dated . 
 
 (h) See cmte, p. 14, n. («). 
 
 (i) The reference to the Record must be authenticated by the Seal of the Clerks 
 of Records and Writs ; see Chan. Funds Rules, 1872, No. 11 (cmte, p. 63). For 
 form of reference to record, see cmte, pp. 11, n. (v), 60, 83, No. 1. 
 
 (Jc) See cmte, p. 62. 
 
 (I) See ante, pp. 15, 64; Chan. Funds Rules, 1872, No. 16; wnte, p. 64. 
 
92 
 
 FORMS. 
 
 Appendix V. Court of Chancery. 
 
 18b. 
 
 Paymaster- 
 General's cer- 
 tificate of 
 .deposit of 
 securities in 
 Court (»). 
 
 Chancery Pay Office, 
 ■ day of - 
 
 1873. 
 
 I hereby certify that on the day of 
 
 187—, 
 
 deposited to the Account of the Paymaster-General for the time 
 being, on behalf of the Court of Chancery, the following Exche- 
 quer Bills, that is to say, No. — , for £— - — , dated , No. — , 
 
 for £ , dated , amounting together to £ (or as may 
 
 be), which Securities have been placed in the Books at this Office 
 to the credit of (Title of the cause, or matter, and separate account, 
 if any), being Securities transferable into Court to the like credit 
 pursuant to Order dated . 
 
 19. 
 
 Notice (o) of 
 payment,' 
 transfer, or 
 deposit into 
 or in Court on 
 request (p). 
 
 In Chancery. 
 
 (Short title of cause, or matter, and reference to 
 Record) (q). 
 
 Take notice that the Defendant A. B. [Or, A. B., of (r)] 
 
 has paid into [Or, transferred into, or, deposited in] Court to 
 the credit' (state the title of the cause or matter, and separate 
 
 account, if any) the sum of £ cash (Or, describe the 
 
 securities transferred or deposited), and that such sum (Or, de- 
 scribe the securities) represents (state what the money or securities 
 represent, as thus, " the balance admitted by his answer to be 
 in his hands on account of the personal estate of the testator in 
 this cause), and that such payment [Or, transfer, or, deposit] has 
 been made (state for what purpose it was made, as thus : " For 
 the purpose of discharging himself thereof"). 
 
 Dated the r day of , 187—. 
 
 ( Add name, &c, of Solicitor, or person giving the 
 notice, as thus) : 
 C. D., of 
 
 (And if any address for service, Address for service at ). 
 
 Agent for E. F., of , solicitor for the defendant, A. B. 
 
 (or as may be) (s). 
 
 Or, 
 
 A. B., of ■ (residence and addition). 
 
 To (insert in a cause the names of the solicitors on the Record for the 
 
 (n) See ante, pp. 15, 64 ; Chan. Funds Rules, 1872, No. 16 ; ante, p. 64. 
 
 (o) For formal parts of a notice, see also Dan. Ch. Forms, No. 54. 
 
 (p) See ante, p. 15 ; Chan. Funds Ord., 1872, No. i ; ante, p. 79. The notice 
 may be sent by post ; ante, p. 15 ; Chan. Funds Ord., 1872, No. 4 ; ante, p. 79. 
 
 (j) See ante, p. 83, No. 1. 
 
 (r) If the person makingthe payment, transfer, or deposit, is not a party to the 
 cause or proce.eding, his residence and description or addition should be inserted 
 here. 
 
 (s) See Ord. III., 2 ; 1 Dan. Ch. Pr. 378, 379; Dan. Ch. Forms, No. 54. 
 
FORMS. 
 
 93 
 
 parties, or in a matter, the persons interested {if Mown), or their Appendix V. 
 solicitor (t), as thus) : 
 
 Mr. G. H., solicitor lor, agent] for the Plaintiff, Mr. J. K, 
 solicitor [or, agent] for the Defendants. 
 
 Or, 
 To 
 
 Mr. G. H., solicitor [or, agent] for the Petitioner, L. M., and 
 Mr. J. K., solicitor [or, agent] for the Eespondents, N. 0. and 
 
 Or, 
 To 
 
 the Petitioner, L. M., and the Eespondents, N. 0. and 
 P. Q. 
 
 Court of Chancery. 
 
 Chancery Pay Office, 
 
 day of , 187- 
 
 I hereby certify that on the day of , 187 — , 
 
 deposited at the Bank of Eugland to "the Account of the Pay- 
 master-General for the time being, on behalf of the Court of 
 Chancery, a box indorsed (The indorsement on the box, see 
 ante, No. 13a, p. 87), which box has been placed in the Books 
 at this office to the credit of (Title of the cause, or matter, 
 and separate account, if any), being a box to be deposited in 
 
 Court to the like credit pursuant to an order, dated day 
 
 of . 
 
 20. 
 
 Paymaster- 
 General's cer- 
 tioate of 
 deposit in 
 Court of box 
 containing 
 effects («). 
 
 In Chancery. 
 
 (Title of the cause, or matter, and reference to the 
 Record) (s). 
 Let all parties concerned attend at my chambers (Slate where ; 
 as : 
 
 in the Bolls Yard, Chancery Lane, Middlesex, 
 
 Or, 
 at No. 3, Stone Buildings, Lincoln's Inn, Middlesex, 
 
 Or, . 
 at No. 11, New Square, Lincoln's Inn, Middlesex, 
 
 Oil- 
 
 (/) See ante, p. 15 ; Chan. Funds At*, 1872, No. 4 ; ante, p. 79. 
 
 («) See cmte, pp. 16, 64 ; Chan. Funds Rules, 1872, No. 16 ; ante, p. 64. 
 
 (x) See also, for formal parts of a summons, Dan. Ch. Forms, No. 60. 
 
 (y) See ante, p. 16. For the practice on applications by summons at cham- 
 bers, see 2 Dan. Ch. Pr. 1050 — 1070 ; and for forms, see Dan. Ch. Forms, Nos. 
 60, 1122—1200. 
 
 (z) As to the reference to the Record, see ante, p. 83, No. 1. The correctness 
 of the reference to the record may be required to be authenticated by the official 
 Seal of the Clerks of Records and Writs being impressed on the summons. 
 Chan. Funds Ord., 1872, No. 10 ; ante, p. 80. * 
 
 21. 
 
 Summons (x) 
 to deposit in 
 Court under 
 the Court of 
 Chancery 
 (Funds) Act, 
 1872 (35 & 36 
 Vic. c. 44), 
 securities 
 previously 
 deposited (y). 
 
94 FOKMS. 
 
 Appendix V. Or, 
 
 ^ — ' in Old Square, Lincoln's Inn, Middlesex), 
 
 .on the day of , 187—, at o'clock in the 
 
 noon. 
 
 If a short return is granted, add : by special leave on the hear- 
 ing, of an application on the part of (state on whose behalf the 
 application is made) (a), that the box indorsed (state the indorse- 
 ment of the box) (b), and deposited in Court to the credit of this 
 cause (short, title of the cause and reference to record, as thus : 
 A. v. B., 1872, A. 100 (c), and separate account, if any, to the 
 credit of which the box was deposited (d)) may be delivered 
 
 out to the said for the purpose of depositing in Court the 
 
 securities therein contained, and that the said may be 
 
 ordered on or before the , or subsequently within day_s 
 
 after service on him of the order to be made herein (e), to deposit 
 in Court to the like credit, the following (state the securities to be 
 deposited (/). 
 
 Dated this day of 187—. 
 
 Komilly, Master of the Bolls, 
 Or, 
 Eichard Matins, Vice-Chancellor, 
 
 Or, 
 James Bacon, Vice-Chancellor, 
 
 Or, 
 John Wickens, Vice-Chancellor. 
 This summons was taken out by A. and B., of Lincoln's Ipn 
 in the county of Middlesex, solicitors for the applicant (or 'as may 
 be) (g). 
 
 (a) The christian and surnames, or title of Honour, or corporate title of the 
 party on whose behalf the motion is to be made, should be here stated ; but if it 
 appears by the summons that the application is made by the sole plaintiff, or all 
 the plaintiffs, or by the sole defendant, or all the defendants, the names need not 
 be set forth. The place of residence and description, or addition of the applicant, 
 should be stated if he is not shown to be a party to the suit or proceeding. 
 Where the applicant is under disability, and the application is made by his next 
 friend or guardian, the christian and surnames of the next friend or guardian 
 should be stated, and if not made in a suit in which he is so acting, his place of 
 residence, and description, or addition, should be shown as " the plaintiff, John 
 Jones, an infant, by Thomas Styles, his next friend, " or " the defendant, Charles 
 Jones, a person of unsound mind, not so found, by Thomas Styles, his guardian," 
 or " Mary Jones, an infant, by Thomas Styles, of Esher, in. the county of Surrey, 
 gentleman, her next friend." See Dan. Ch. Forms, No. 55, u. (I). 
 
 (b) See ante, No. 13a, p. 87. 
 
 (c) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
 (d) See ante, No. 13a, p. 87. 
 
 (e) See as to the necessity of limiting a time within which the securities are to 
 be deposited, ante, p. 9 ; 1 Dan. Ch. Pr., 903, 904. As to form to be made use 
 of for limiting the time, see 1 Dan. Ch. Pr. 903, n. (n). 
 
 (/) The different securities and the number, date, and amount of each must be 
 accurately specified in the order^see amfe, p. 15, n. (e). 
 
 (g) The summons must be underwritten with the name and place of business 
 
To (insert the names of the solicitors or persons to be served «>«%/ Appendix V. 
 the summons) (h). 
 
 22. 
 
 A. B., of (residence and description or addition) the plaintiff [or, Application to 
 defendant, or, a defendant, or, as the case may be~], in the cause lodge money 
 [Or, matter] hereinafter mentioned, desires to lodge pursuant to at ™ e ^ )an ^ m 
 the 12th Bile of the Chancery Eunds R u i eB , 1872, to a Chan- ^ u ^f? nt 
 
 eery Suspense Account, the sum of £ , in respect of the cause case **'" 
 
 [Or, matter], of (insert short title of cause or matter, and reference 
 
 to the record (h)), dated the day of , 187 — . 
 
 A. B. 
 
 or 
 C. D., of 
 Solicitor for the said A. B. 
 
 (Name and address of solicitor, and 
 name of person or party for whom he 
 acts, as in No. 2, ante; p. 83). 
 To 
 
 The Governor and Company of the Bank of England. 
 
 22a. 
 
 It appearing by the receipt of one of the cashiers of the Bank Order for in- 
 that the Plaintiff A. (or as may be) has lodged at the Bank to junction 
 
 the credit of the Chancery Suspense Account the sum of £ whe F e mone y 
 
 in respect .of this cause. Let an injunction be awarded to re- loa^ 6 ^ 
 strain (state the object of the injunction) (m), and let the Plaintiff Court (0. 
 
 A. (or as may be), on or before , or subsequently within 
 
 dayB after service of this order (n), pay the said sum of 
 
 £ into Court to the credit of this cause (short title of the 
 
 cause and reference to record, as thus : A. v. B., 1872, A. 100(A), 
 and separate account, if any). 
 
 23. 
 
 The same as No. 18, ante, p. 91. Paymaster- 
 
 „ General's cer- 
 
 tificate of 
 
 payment into 
 of the solicitor issuing it, or of his agent, if any ; or with the name and place of Court of 
 residence of the applicant where he acts in person, and in either case with the address money lodged 
 for service, if any. Ord. III., 2, 5 ; and Dan. Ch. Pr., 378, 379, 1050 ; and in an urgent 
 Dan. Ch. Forms, 3—7, 1123. case(p). 
 
 (h) See ante, p. 92, No. 19 ; Dan. Ch. Forms, No. 54.' 
 (i) See ante, pp. 16, 17, 63 ; Chan. Funds Rules, 1872, No. 12 ; ante, p. 63. 
 (h) See ante, No. 1, p. 83. 
 (Z) See ante, p. 17. 
 
 (m) For forms of orders for injunction, see Seton, 867, 868. 
 (n) As to the necessity of limiting a time within which the payment in is to he 
 made, see 1 Dan. Ch. Pr. 903, 904 ; as to the form to be used for limiting the 
 time, see 1 Dan. Ch. Pr. 903, n. (n). 
 (p) See ante, pp. 17, 63 ; Chan. Funds Rules, 1872, No. 12, ante, p. 63. 
 
FORMS. 
 
 Appendix V. 
 
 Bequest not 
 to place money 
 on deposit (q). 
 
 25. 
 
 Bequest to 
 place money 
 on deposit (r). 
 
 26. 
 
 Withdrawal 
 of request not 
 to place 
 money on 
 deposit, and 
 request to 
 place same 
 on deposit (s). 
 
 27. 
 
 Bequest to 
 place money 
 on deposit in 
 pursuance of 
 an order (t), 
 
 28. 
 
 Bequest to 
 place on de- 
 posit money 
 or dividends 
 brought in 
 under the 
 Trustees' 
 Belief Act, 
 the invest- 
 ment thereof 
 ■having been 
 stated to be 
 unnecessary 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 I request that the sum of £ paid into Court to the credit 
 
 of (state the title of the account to which the money stands) on the 
 
 day of (state when the money was paid into Court) may 
 
 not be placed on deposit, it being (state the reason for the request). 
 
 Dated the day of , 187—. 
 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor, and 
 name of party or person for whom 
 he acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 I request that the sum of ■£ standing to the credit of 
 
 (state the title of the account to which the money stands) may be 
 placed oil deposit. 
 
 Dated the day of 187 — . 
 
 A. B., of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of party or person for whom 
 he acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 I withdraw my request that the sum of £ paid into Court 
 
 to the credit of (state the title of the account to which the money 
 
 stands), on the day of , may not be placed on deposit, 
 
 and request that the same may be placed on deposit. 
 
 Dated the day of 187—. 
 
 A. B., of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of party or person for whom 
 he acts, as in No. 2, ante, p. 83). 
 
 The same as No. 25, supra. 
 
 The Bame as No. 25, supra. 
 
 (q) See ante, pp. 19, 70, 71 ; Chan. Funds Rules, 1872, No. 34 ; ante, p. 70, 71. 
 (r) See ante, pp. 20, 70 ; Chan. Funds Rules, 1872, No. 33 : ante, p. 70. 
 (s) See ante, pp. 20, 70, 71 ; Chan. Funds Rules, 1872, No. 34 ; ante, pp. 
 70, 71. 
 (0 See ante, pp. 21, 66 ; Chan. Funds Rules, 1872, No. 23 ; ante, p. 66. 
 (m) See ante, p. 21. 
 
FOKMS. 
 
 97 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 I request that the sum (as) 'of £ now standing to the credit 
 
 of (state the title of the account), may be invested in Consolidated 
 £3 per cent. Annuities, pursuant to Rule 40 (y) of the Chancery 
 Funds Rules, 1872 ; and that the dividends on such annuities, 
 and all accumulations thereof, may be invested in like annuities. 
 
 Dated the day of 187—. 
 
 A. B., of {Name and residence (z) ).. 
 
 Appendix V. 
 
 ~~ 29! 
 Request for 
 investment of 
 money paid in 
 under Legaoy 
 Duty Act (■»). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 I request that the sum of £- 
 
 (b), money pn deposit to 
 the credit of (state title Of account), may be withdrawn from 
 deposit for the purpose of investment in Consolidated £3 per 
 cent. Annuities, pursuant to Rule 40 of the Chancery Funds 
 Rules, 1872. 
 
 Dated the day of 187—. 
 
 A. B., of (Name and residence (2) ). 
 
 30. 
 
 Request to 
 •withdraw 
 from deposit 
 money paid 
 into Court 
 under the 
 Legacy Duty 
 Act (a). 
 
 'Court of Chancery. 
 
 To the Paymaster-General. 
 As the solicitor acting on behalf of (state the party or person 
 on whose behalf the request is made), who claims to be entitled to 
 \_Or, interested in] the sum of (state the amount and description 
 of the securities in Court) to the credit of (state the account to 
 which the securities are standing), I request that no more divi- 
 dends on such securities may be placed on deposit. 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor, and name 
 of party or person for whom he acts, as 
 in No. 2, ante, p. 83). 
 
 31. 
 
 Request to dis- 
 continue plac- 
 ing on deposit 
 dividends (d). 
 
 (») See ante, pp. 21, 72. 
 
 (x) The amount paid in must not be less than £100,' see ante, p. 21 ; Chan. 
 Funds Eules, 1872, No. 40 ; ante, p. 72. 
 
 (y) See ante, p. 72. 
 
 (a) The request must be signed by the person paying in the money, or his soli- 
 citor, or by or on behalf of some person claiming to be interested therein, see 
 ante, p. 21 ; Chan. Funds Eules, 1872, No. 40 ; ante, p. 72. 
 
 (a) See ante, pp. 22, 72 ; Chan. Funds Eules, 1872, No. 40 ; ante, p. 72. 
 A request to invest the money must also be left ; for form, see ante, No. 29, supra. 
 
 (b) The amount paid in must not be less than £100 ; see Chan. Funds Eules, 
 1872, No. 40 ; ante, p. 72. 
 
 ' (<*) See ante, pp. 22, 72 ; Chan. Funds Eules, 1872, No. 41 ; ante, p. 72. 
 
 a 
 
98 
 
 FORMS. 
 
 Appendix V. 
 
 v | • 
 
 31a. 
 
 Bequest to dis- 
 continue plac- 
 ing interest 
 on deposit (e). 
 
 32. 
 
 Request to 
 •withdraw 
 money from 
 deposit in 
 order to act on 
 an order (/). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 As the Solicitor acting on behalf of {state the party or person on 
 whose behalf the request is made), who claims to be entitled to 
 
 [Or, interested in] the sum of £ money on deposit in Court to 
 
 the credit of (state the account to which the money is standing), I 
 request that no more interest accruing on such money on deposit 
 may be placed on deposit. 
 
 Dated the day of -- — 187—. 
 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 I request that the sum of £ part of the money on de- 
 posit to the credit of (state credit and separate account (if any) 
 to which the money is standing), may be withdrawn from de- 
 posit to satisfy the requirements of the Order dated . 
 
 Dated the day of - — 187—. 
 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 33. 
 
 Summons to 
 place money 
 on deposit (g). 
 
 Formal parts : see ante, No. 21, pp. 93 — 95. 
 
 on the part of (see ante, p. 94, n. (a) ), that the sum of £ 
 
 on the credit of this cause (short title of the cause and reference to 
 record, as thus.- A. v. B., 1872, A. 100 (h), and separate account (if 
 any)) may be placed on deposit. 
 
 34. 
 
 Summons to 
 deal with 
 interest of 
 money on 
 deposit (g). 
 
 Formal parts : see ante, No. 21. 
 on the part of (see ante, p. 94, n. (a)), that any interest to be 
 
 credited in respect of the sum of £ on deposit on the credit 
 
 of this cause (short title of the cause and reference to record, as 
 thus: A. v. B., 1872, A. 100 (h)), may be (state the mode in which 
 it is proposed to deal with the interest). 
 
 (e) See imte, pp. 22, 72 ; Chan. Funds Rules, ,1872, No. 41 ; cmte, p. 72 
 (/) See ante, pp. 23, 74 ; Chan. Funds Rules, 1872, No. 48 ; cmte, p. 74 
 (?) See ante, pp. 23, 79 ; Chan. Funds Ord., 1872, No. 6 ; ante, p. 79. 
 (h) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
FORMS. 99 
 
 In Chancery (I). Appendix V. 
 
 (Title of cause or matter and reference to the record (m). K Ti ' 
 
 Take notice that this Honourable Court will be moved before N . ■ \ 
 
 «. t ., xx- £*%* Wl ^ 1 Judge (M) aS:) motion J?) for 
 
 the Lord High Chancellor ; investment of 
 
 Or, fund in 
 
 their Lordships the Lord Justices ? Court(A). 
 
 Or, 
 his Lordship the Master of the Bolls ; 
 
 Or, 
 his Honour the Vice-Chancellor, Sir Richard Malins ; 
 
 Or, 
 his Honour the Vice-Chancellor, Sir James Bacon ; 
 
 * Or, 
 his Honour the Vice-Chancellor, Sir John Wickens. 
 If the motion is to he heard elsewhere than in the Judges' 
 usual Court at Westminster or Lincoln's Inn, state where ; as : 
 at the residence of the said Lord Chancellor [or as may be], 
 situate at [state where] 
 State on what day the motion is proposed to be made ; as : 
 
 on Thursday, the day of 187 — . 
 
 If the motion is to be heard at a specially appointed hour, state 
 so; as: 
 
 at eleven of the clock in the forenoon, or as soon thereafter 
 as Counsel can be heard. 
 State by whom or on whose behalf the motion is to be made ; as : 
 by Mr. A., as Counsel on the part of above-named defen- 
 dant, C. D. (o) ; 
 
 Or, 
 by the above-named C. D. in person (o) ; 
 
 that the sum of cash [Or, money on deposit] in 
 
 Court to the credit of this cause (short title of cause, and 
 reference to record, as thus : A. v. B., 1872, A. 100 (p) and 
 
 separate account (if any)), 
 
 and any interest to be credited in 
 
 respect of the said money], may be invested in Consolidated 
 
 (j) For formal ports of a notice of motion, see also Dan. Oh. Forms, No. 55. 
 
 (£) See ante, p. 24. 
 
 {I) If the motion is not made in a cause the notice must be marked with the 
 name of the Lord Chancellor, and one of the Vice-Chancellors, or with the name 
 of the Master, of the Rolls, in the same manner as a bill is marked ; Ord. VI. 11 ; 
 2 Dan. Ch. Pr., 1435 ; Dan. Ch. Forms, No. 55, n. (q), 197. As to notices 
 of motion, see Dan. Ch. Forms, No. 55. As to practice on applications by motion, 
 see 2 Dan. Ch. Pr. 1437—1451. 
 
 (m) As to the reference to the Record, see ante, pp. 4, 11, 14, 60, 80, 83, No. 1. 
 
 (re) See Ord. XXXIII. 1 ; 2 Dan. Ch. Pr., 1441. 
 
 (o) As to mode of describing person on behalf of whom the motion is made, 
 see ante, p. 94, n. (a) ; Dan. Ch. Forms, No. 55, n. («). 
 
 (p) See ante, pp. ll,"n. (i-). 60, 83, No. 1. 
 
 h 2 
 
lOO 
 
 •Forms; 
 
 Appendix V. £3 per cent. Annuities (q) (or as may le). [Add if so desired (r) 
 
 " ""-' ' notwithstanding that the same does not amount to one hun- 
 
 dred pounds. And that the dividends on such annuities 
 and all accumulations thereon, may be invested in like 
 annuities] : 
 If special leave hits teen obtained to serve the notice (e.g., where 
 the defendant has not appeared) — or to give the notice for a non- 
 motion day, or for a motion day short of the ordinary two clear 
 days after service, or for a special hour or place — state so, as: 
 
 And take also notice that special leave to serve you with 
 this notice 
 If so, add, and to give this notice for the day (and hour and 
 place) aforesaid, 
 
 has been obtained from the said Lord Chancellor [or as may 
 le\ 
 
 Or, 
 And take also notice, that special leave to give this notice 
 for the day (and hour and place) aforesaid, has been obtained 
 from the said Lord Chancellor [or as may be]. 
 
 Dated this day of 187—. 
 
 (Add name, &c, of solicitor (s) or parly 
 giving the notice). 
 To (Insert names of the solicitors or parties to whom the notice is 
 given (t)). 
 
 36. ' 
 
 Summons for Formal parts : see ante, No. 21, pp. 93 — 95. 
 
 investment on * ne P art 0I " ( seB an ^ e ' V- 94, n. (a)) that the sum of (as in last 
 
 of fund in form, No. 35, ante, pp. 99, 100). 
 
 Court (u). 
 
 37. 
 
 Order for 
 investment of 
 cash or money 
 on deposit (v). 
 
 Let the sum of cash [Or, money on deposit] in Court 
 
 to the credit of this cause (short title of cause, and reference to 
 record, as thus .- A. v. B., 1872, A. 100 (w), and separate account 
 (if any)), [and any interest to be credited in respect of the 
 said money] (a:), be invested in (q) Consolidated £3 per cent. 
 
 (q) It is not necessary to state to what credit the stock purchased is to be 
 placed, unless it is intended that the stock shall be placed to some credit diffe- 
 rent from the credit to which the money to be invested is standing ; see Chan. 
 Funds Eules, 1872, No. 24 ; ante, p. 67. 
 
 (r) See ante, Chan. Funds Rules, 1872, No. 38 ; ante, p. 71. 
 
 (s) A notice of motion by a party suing or defending in forma pauperis (except 
 for the discharge of his solicitor), must be signed by his solicitor. Ord. III. 1 ; 
 VII. 11 ; 2 Dan. Ch. Pr., 1440. 
 
 (0 See ante, p. 92, No. 19 ; Dan. Ch. Forms, 54. 
 
 («) See ante, p. 24. 
 
 (») See ante, p. 24. 
 
 (w) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
 (as) If the fund is to be invested in any stock a fractional holding of which is 
 not permitted, the words "or so much thereof as is practicable" should be 
 inserted here. 
 
FORMS. jfOI 
 
 Annuities (or as may be) [if so ordered (x) notwithstanding^&fMOigieifSix V. 
 
 same does not amount to one hundred pounds]. And let the g * 
 
 dividends on such annuities, and all accumulations thereon, be 
 invested in like aunuities. 
 
 Let - cash in Court to the credit of this cause (short 37a. 
 
 title of cause, and reference to record, as thus : A. v. B., 1872, Order for 
 
 A. 100 (3), and separate account (if any)), or so much thereof investment in 
 
 as is practicable (zs), be invested in Exchequer Bills. ^ctequer 
 
 Court of Chancery. 
 
 To the Paymaster-General. 38. 
 
 T request that the sum of £ now standing to the credit Request for in- 
 
 of (state the title of the cause or matter, and account (if any) ), vestment (a), 
 may be invested in (state the securities in which the investment 
 is to be made), to be placed to the same credit (6). 
 
 Dated the day of 187 — . 
 
 A. B., of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 39. 
 
 To the Paymaster-General. Request for 
 
 day of 187 — . certificate 
 
 A certificate of investment on the — ^ day of of oflnv , es . t_ 
 
 £ , in (state the securities in which the investment was mads) men * c '" 
 
 to the credit of (state the title of the cause or matter, and ac- 
 count (tf any)) is requested for the use of (state for what pur- 
 pose 4he certificate is required). 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as m No. 2, ante, p. 83). 
 
 (x) See Chan. Fands Bules, 1872, No. 38 ; ante, p. 71. 
 
 (y) It is unnecessary to add any direction for investment and accumulation 
 of interest on Exchequer Bills or Bonds (see Ord I. 13 ; 2 Dan. Ch. Pr. 1638, 
 1639), but in the case of other securities capable of being deposited in the same 
 manner, the order will have to provide for such investment and accumulation if 
 required. 
 
 (z) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
 (zz) See ante, p. 100, n. (x). , 
 
 (a) See ante, pp. 24, 66, 67. 
 
 (6) If the securities are to be placed to some other credit it must be stated here, 
 and if the interest is to be accumulated it must be stated : see ante, p. 100, 
 
 n. (?)• 
 . (c) See ante, pp. 25, 70; Chan. Funds Eules, 1872, No. 31 ; ante, p. 70. 
 
102- 
 
 FOEMS. 
 
 Appendix V. Court of Chancery. 
 
 40. ■ 
 
 Paymaster- 
 General's 
 certificate 
 of invest- 
 ment (d). 
 
 41. 
 
 Bequest for 
 ■withdrawal 
 of dividends 
 which have 
 been placed 
 on deposit (e). 
 
 43 
 
 Request to 
 discontinue 
 investment 
 or placing on 
 deposit of 
 dividend's (h). 
 
 Chancery Pay Office, 
 
 day of — 
 
 solicitor for the — 
 ■ the sum of £- 
 
 187—. 
 I hereby 
 - Consoli- 
 
 At the request of Mr. • , 
 
 certify that on the day of 
 
 dated £3 per cent. Annuities, having been purchased was 
 placed to the credit of (title of the account to which the stock was 
 placed), and that the said securities were purchased with the sum 
 
 of £ cash placed to the same credit pursuant to order 
 
 dated 
 
 Court of Chancery. 
 
 To the Paymaster-General 
 I request that the sum of £ — 
 to the credit of (state 
 
 (/) money on deposit 
 
 the title of the account) may be with- 
 drawn from deposit for the purpose of investment, pursuant 
 to the order dated the day of 187 — (the order for in- 
 
 42. 
 
 Bequest to 
 place on de- 
 posit dividends 
 not ordered to 
 be invested (g). 
 
 A. B.,of 
 Solicitor for 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 The same as No. 25, ante, p. 96. 
 
 who claims to be en- 
 (state the amount 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 As the solicitor acting on behalf of — 
 titled to \_Or, interested in] the sum of 
 
 and description of the securities) in Court to the credit of (state 
 the title of the cause or matter, and account, if any, to which the 
 securities are standing), I request that no more dividends 
 accruing on such securities may be invested [Or, placed on 
 deposit]. 
 
 A. B, of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 (d) See ante, pp. 25, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 
 (e) See ante, pp. 25, 71 ; Chan. Funds Rules, 1872, No. 38 ; ante, p. 71. A 
 request to invest the money must also be left ; for form, see ante, No. 38, p. 101. 
 
 (/) The sum must be not less than £100 ; see ante, p. 25 ; Chan. Funds Rules, 
 1872, No. 38 ; ante, p. 71. 
 
 (jr) See ante, pp. 25, 70 ; Chan. Funds Rules, 1872, No. 33; ante, p. 70. 
 The request must be repeated from time to time ; see ante, p. 25. 
 
 (A) See ante, pp. 25, 26, 72; Chan. Funds Rules, 1872, No. 41 ; ante, p. 72. 
 
FORMS.. 
 
 103 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 (Short title of cause, and reference to record (j)). 
 Pursuant to the order dated and the 52nd of the Chan- 
 cery Funds Rules, 1872 (k) Consolidated £3 per cent. 
 
 Appendix V. 
 
 44. 
 
 Registrar's 
 certificate for 
 
 Annuities (Or, Eeduced £3 per cent. Annuities, or, New £3 per securities'^ 
 cent. Annuities (T) as may be) in Court to the credit of this '' * 
 
 cause (short title of cause, and reference to record, as thus : A. 
 v. B., 1872, A. 100 (/) and separate account (if any)) are to be 
 transferred to the Commissioners for the- Reduction of the 
 National Debt on behalf of the Court of Chancery. 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 day of 
 
 187- 
 
 day of 
 
 187- 
 
 A certificate of the transfer on the 
 
 of the sum of £ Consolidated £3 per cent. Annuities (or 
 
 as may be) from the credit of (state the title of the account) 
 and the conversion into cash of such Annuities is re- 
 quested for the use of (stats for what purpose the certificate is 
 required). 
 
 A. B., of 
 
 Solicitor for the 
 (Name and address of solicitor, and 
 name of party or person for whom. he 
 acts, as m No. 2, ante, p. 8.3). 
 
 45. 
 
 Request for 
 Paymaster- 
 General's cer- 
 tificate of con- 
 version of 
 securities (m). 
 
 Court of Chancery. 
 
 Chancery Pay Office, 
 day of - 
 
 187—. 
 
 At the request of Mr. , solicitor for the , I hereby 
 
 certify that on the day of , 187 — , the sum of £ 
 
 Consolidated £3 per cent. Annuities (or as may be) was trans- 
 ferred from the credit of (the title of the account) and con- 
 verted into cash. And that £ the amount of cash 
 
 which was the value of such securities, has been placed to the 
 same credit, pursuant to an order dated . 
 
 46. 
 
 Paymaster- 
 General's cer- 
 tificate of 
 conversion of 
 securities (m). 
 
 (i) See ante, pp. 26, 69 ; Chan. Funds Rules, 1872, No. 29 ; ante, p. 69 ; Chan. 
 Funds Ord. 1872, No. 5 ; ante, p. 79. 
 
 (J) See ante, pp. 11, n. («), 60, 83, No. 1. 
 
 (*) See pp. 74, 75. 
 
 (I) As to the mode of describing these securities, see ante, pp. 68, n. (a), 75, 
 n. (6), 86, n. (z). 
 
 (to) See ante, pp. 26, 27 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 
104 
 
 FOEMS. 
 
 Appendix V. 
 
 47. 
 
 Summons for 
 conversion of 
 securities (o). 
 
 Formal parts : see ante, No. 21, pp. 93 — 95. 
 on the part of (see ante, p. 94, n. (a) ), that £- 
 
 Conso- 
 lidated £3 per Cent. Annuities [Or, Eeduced £3 per Cent. Annui- 
 ties, or, New £3 per Cent. Annuities, as may be] in Court to the 
 credit of this cause (short title of cause and reference to record, as 
 thus : A. v . B., 1872, A. 100 (p) and separate account (if any) ) 
 may be converted into cash. 
 
 47a. 
 
 Order for con- 
 version of 
 securities and 
 placing pro- 
 ceeds on 
 deposit (q). 
 
 Let (specfly the amount (r) ) Consolidated £3 per cent. Annui- 
 ties [Or, Eeduced £3 per cent. Annuities, or, New £3 per cent. 
 Annuities (s) as may be] in Court to the credit of this cause 
 (short title of the cause and reference to record, as thus : A. v. B., 
 1872, A. 100 (t) and separate account (if any)) be converted into 
 cash, and such cash be placed on deposit. 
 
 47b. 
 
 Order for con- 
 version of 
 securities and 
 application of 
 proceeds (u). 
 
 Let (specify the amount (x) ) Consolidated £3 per cent. Annui- 
 ties [Or, Eeduced £3 per cent. Annuities, or, New £3 per cent. 
 Annuities (y) as may be~] in Court to the credit of this cause 
 (short title of the cause and reference to record, as thus : A. v. B., 
 1872, A. 100 (z) and separate account (if any)) be converted into 
 cash, and let such cash be paid, &c. 
 
 [State mode in which the cash is to be applied.] 
 
 48. 
 
 Form of order Let 
 
 for conver- credit of this cause, A. v. B., 1872, A. 100, be converted into cash, 
 
 Consolidated £3 per cent. Annuities in Court to the 
 
 and let out of such cash, and any dividends to accrue on the said 
 
 (o) See ante, pp. 27, 79 ; Chan. Punas Ord. 1872, No. 6 ; ante, p. 79. 
 
 (p) See ante, pp. 11, n. (»), 60, 83, No. 1. 
 
 (?) See ante, pp. 3, 26, 46, 68, 69, 74, 75. 
 
 (r) An amount less than £1000 may be directed to be converted where the 
 proceeds are directed to be placed on deposit ; see ante, p. 26 ; Chan. Funds 
 Rules, 1872, No. 28 ; ante, p. 69 ; and see post, p. 105, n. (e). 
 
 (s) This description of the stocks is that which should be made use of • it is 
 adopted in the Chan. Funds Rules, 1872, Nos. 28, 52 (see ante, pp. 68, 75) 
 and follows the language of the National Debt Act, 1870 (33 & 34 Vic. c. 71) 
 1st Sched. 
 
 (t) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
 (») See ante, pp. 3, 26, 46, 68, 69, 74, 75. 
 
 (x) See Chan. Funds Rales, 1872, No. 28 ; ante, pp. 68, 69. If the amount 
 of the securities to be realized cannot be specified, a sale in the ordinary way must 
 be directed. As to conversion of amounts of stock under £1000, see supra 
 n. (r); post, p. 105, n. (e); and Chan. Funds Rules, 1872, No.' 28: ante' 
 p. 69. 
 
 (y) See supra, n. (s). 
 
 (z) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
FORMS. 105 
 
 annuities, £ , being the assessed amount of duty payable in re- Appendix V. 
 
 spect of the estate of the Testator J. K., be upon the requisition of \ --r 
 the Commissioners of Inland Revenue transferred to the account of ^aynfent of 
 the public moneys of the Eeceiver General of Inland Eevenue, and duty (re) 
 let such cash and dividends, after providing for the said duty, be placing cash 
 placed as money on deposit (e), and let the costs of the plaintiff on deposit (b), 
 and defendent of this suit be taxed by the taxing master, and let taxation of 
 out of such money to be so placed on deposit to the credit of this costs (c), and 
 cause, A. v. B., 1872, A. 100, and any interest to be credited in attribution 
 respect thereof^ such costs when taxed be paid as follows (c) : the i no i u di nK ' 
 costs of the plaintiff to Mr. C. D., his solicitor, and the costs of payment to 
 the defendent to Mr. E. F., his solicitor, and let one-fourth part an infant on 
 of the residue of the said money on deposit and interest be paid attaining 
 to each of the following persons, viz., the plaintiff, G. H., and twenty-one, 
 the defendant, K. L., and let one other fourth part thereof be and to an 
 carried over to the credit of the said cause "Account of ,M. K, ^ s e e ^ e ^ 
 an Infant," and be placed on deposit, and be with any interest i a j m ^ e 
 to be credited in respect thereof, paid to the said M. N. on or am0 unt (d), 
 after the 10th February, 1875 (being the day of his attaining 21), 
 and let the remaining fourth part thereof be carried over to the 
 said cause, " Account of 0. P.," and be placed on deposit, and 
 be, with any interest to be credited in respect thereof, paid to the 
 said O. P. when applied for. 
 
 (a) Ante, pp. 29, 30 ; Taylor v. Bwton ; ante, p. 30, n. (o) ; and see post, 
 p. 108, No. 56. 
 
 (6) See ante, pp. 26, 27 ; Chan. Funds Rules, 1872, No. 28 ; ante, pp. 68, 69. 
 
 (c) When payment of the costs is bespoken, the whole of the money on deposit 
 must be withdrawn therefrom, as the whole is then distributable. 
 
 (rf) See ante, pp. 27, 28; ib., n. (c), post, No. 52a, p. 107; and see Re 
 Applebee, 17th January, 1873 ; Reg. Lib. 1873, A. 238, where an order was 
 made for the transfer and payment of the shares of six infants on their respec- 
 tively attaining twenty-one. 
 
 (e) If the stock to be converted into cash is of a less amount than £1000, it 
 would seem that under the 28th Rule of the Chan. Funds Rules, 1872, (see ante, 
 pp. 68, 69), the proceeds of the conversion must be directed to be placed on 
 deposit before they can be dealt with. Some of the officers of the Court are of 
 opinion that consistently with the 28th Rule of the Chan. Funds Rules, 1872 (see 
 ante pp. 68, 69), a fund produced by the conversion of a specific amount of stock 
 under £1000 cannot be dealt with after it has been placed on deposit by the same 
 order as that by which it is directed to be so placed, but it appears to the editors 
 that this is putting too restricted a construction on the 28th Rule, and that where 
 some time must elapse before the payments under the order can be made, the 
 fund may be placed on deposit so as to oarry interest and be subsequently dealt 
 with by the same order (as in the form in the text), and the editors have ascer- 
 tained by inquiry at the Chancery Pay Office, that in that office no difficulty is felt 
 as to acting on srach an order. 
 
106 
 
 FORMS. 
 
 Appendix V. Let cash in Court to the credit of this cause (g) (short 
 
 " ~ ' title of cause and reference to record, as thus, A. v. B., 1872, A. 
 
 49. 100 (h), and separate account (if any)) be paid to the plaintiff A. 
 
 Order for pay- (or as may be). 
 ment out of 
 Cash(/). 
 
 49a. 
 
 Order for pay- 
 ment out of 
 Court of 
 money on 
 deposit (/). 
 
 Let money on deposit (i) in Court to the credit of this 
 
 cause (g) (sfort title of cause and reference to record, as thus : A. 
 v. B., 1872, A. 100 (h), and separate account (if any)) and any in- 
 terest to be credited in respect thereof be paid to the plaintiff A. 
 (or as may be). 
 
 50. 
 
 Order for 
 transfer out 
 of Court (/). 
 
 Let Consolidated £3 per cent. Annuities in Court (or as 
 
 may be (j)) to the credit of this cause (g) (short title of cause and refer- 
 ence to record, as thus : A. v . B., 1872, A. 100 (h), and separate 
 account (if any)), be transferred to the plaintiff A. (or as may be). 
 
 50a. 
 
 Order for sale 
 of securities 
 and payment 
 of proceeds 
 and dividends 
 and cash (/). 
 
 Let so much of the £ Consolidated £3 percent. Annuities (Is) 
 
 (or as may be (j)) in Court to the credit of this cause (g) (short title of 
 cause and reference to record, as thus : A. v. B., 1872, A. 100 (h), 
 
 and separate account (if any)), as with cash in Court to the 
 
 same credit, and any dividends to accrue on the said Annuities will (J) 
 
 (/) See write, p. 28, ib., n. (c) ; Chan. Funds Rules, 1872, Nos. 5—8, 22 ; 
 ante, pp. 60—62, 66. 
 
 (g) If the title of the cause differs in name but not in substance from the 
 title in the books at the Chancery Pay Office, the words "under the title of " may 
 be here inserted ; see ante, pp. 28, n. (c), 61, n. {I). 
 
 (A) See ante, pp. 11, n. («), 60, 83, No. 1. 
 
 (i) Money on deposit should be described as money on deposit, or as part of a 
 sum on deposit. 
 
 (j ) Where the securities are transferrable by deed, the deed of transfer will 
 have to be executed by the Assistant Paymaster-General for Chancery business as 
 transferring the securities on behalf of the Paymaster-General ; see Be Ives, 
 3DeG. J. &S. 453; 9 Jur. N. S. 611./* wU*J.fU f?&U*JllSNlL LfU 
 
 (Tc) Wherever the amount of money or securities dealt with is part of a larger 
 sum in Court to the same credit, the larger sum must be stated in the order, and 
 the description of the securities should follow immediately after the first mention 
 of the amount. 
 
 (Z) If the securities to be sold consist of stocks, fractional holdings of which 
 are not permitted, the words " be necessary to" should be inserted here. 
 
FORMS. 107 
 
 raise be sold and let the money to arise by such sale (s), Appendix V. 
 
 and the said cash and dividends be paid to defendant B. (or " ' 
 
 as may be). 
 
 51. 
 
 Let the following Exchequer Bills (or if other securities are Order for 
 to be delivered out, describe them- in the same manner as they are delivery out 
 described in the certificate of fund) in Court to the credit of this of Court (t). 
 cause (u) (short title of cause and reference to the record, as thus: 
 A. v. B., 1872, A. 100 (x), and separate account (if any)), that is 
 to say, (specify the securities, as thus.- No. 75 and No. 80 for 
 £100 each, dated, &c, amounting together to Two hundred 
 pounds [or any other Exchequer Bills for which the same may be 
 exchanged] ) be delivered out (y) to the plaintiff A. (or as may be). 
 
 52. 
 
 Let — — Consolidated £3 per cent. Annuities (or as may be), and Order for 
 
 £ money on deposit (s) in Court to the credit of this cause (w) carrying over 
 
 (short title of cause and reference to record, as thus : A. v. B., seourities > 
 1872, A. 100 (x), and separate account (if any)), and any divi- deposit ^^ 
 dends to accrue on the said Annuities, and any interest to be dividends, and 
 
 credited in respect of the said money and £ - cash in Court interest (t). 
 
 to the same credit be respectively carried over to the credit, &c. 
 
 52a. 
 
 Let the part of the said cash and interest be carried Order for 
 
 over to the credit of the said cause to an account to be carrying over 
 
 entitled, " The account of " [If 'ordered, add— and be placed B ^ ar . e «* fand, 
 
 on deposit, and let such money and any interest to be credited §^j|Sf anT 
 in respect thereof be paid to the said when applied for]. payment 
 
 when applied 
 for (c). 
 
 (s) The certificate for sale (seepost, Nos. 66, 66a, pp. Ill, 112), must Btate the 
 exact amount to be raised after deducting cash and dividends, if any, taken in 
 aid, and if the cash is on deposit it must be so described (see ante, p. 106, 
 
 n. W). 
 
 (0 See ante, p. 28, ib. n. (c) ; Chan. Funds Eules, 1872, Nos. 5—8, 22 ; 
 ante, pp. 60 — 62, 66. 
 
 (w) See ante, p. 106, n. (o). 
 
 (x) See ante, pp. 11, n. (v), 60; 83,,No. 1. 
 
 (y) See ante, p. 106, n. (/). 
 
 (z) See ante, p. 106, n. (k). 
 
 (c) See ante, pp. 27, 28, ib. n. (c), 104, No. 48 ; and Re Applebee, 17 
 January, 1873 ; Eeg. Lib., 1873-, A. 238, where an order was made for the 
 transfer and payment of the shares of six infants, on their respectively attaining 
 twenty-one. 
 
108 
 
 FORMS. 
 
 Appendix V. 
 
 53. 
 
 Registrar's 
 certificate for 
 transfer where 
 dividends 
 have been 
 invested^). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 {Short title of cause and reference to record) (e). 
 
 Pursuant to the order dated , the 27th of the Chancery 
 
 Funds Rules, 1872 (/), and the certificates of investment and of 
 
 the fund , Consolidated £3 percent. Annuities (or as may be) 
 
 in Court to the credit of this cause (state short title of cause 
 and reference to record, as thus : A. v. B., 1872, A. 100 <(e), and 
 separate amount (if any)) are to he transferred to the plaintiff A. 
 [Or, the defendant B., or, to C. in the said order named, as may he]. 
 
 54. 
 
 Certificate for 
 sale where 
 dividends 
 have been 
 invested -(d). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 (Short title of cause and reference to record) (e). 
 
 Pursuant to the order -dated , the General Order, dated 
 
 25th February, 1868 (k), and the certificate of investment and 
 
 of the fund Consolidated £3 per cent. Annuities (or as 
 
 may be), in Court to the credit of this cause (state the short 
 title of the cause and reference to record, as thus : A. v. B., 1872, 
 A. 100 (e), and separate account (if any)) are to be sold. 
 
 55. 
 
 Order for pay- 
 ment of legacy 
 or succession 
 duty where 
 the assessed 
 amount is 
 inserted in the 
 order (I). 
 
 56. 
 
 Order for 
 payment of 
 legacy or suc- 
 cession duty 
 where the 
 amount is 
 directed to be 
 assessed and 
 verified (m). 
 
 The same as the direction to that effect in No. 48, ante p. 104. 
 
 Let what shall be assessed' and verified for duty in respect 
 of the estate of Y. Z., the Testator in this cause [Or, of the 
 funds in the order mentioned] be upon the requisition of the 
 Commissioners of Inland Revenue transferred to the account 
 of the public moneys of the Receiver-General of Inland Revenue. 
 
 (d) See <mte, pp. 29, 68, 69, 79. 
 
 (e) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 (/) See ante, p. 68. 
 
 (4) See ante, p. 29 ; 2 Dan. Oh. Pr., 1644, L. R. 3 Oh. xlvili. 
 
 (I) See ante, pp. 29—31. 
 
 (m) See ante, pp. 29 — 31. In consequence of the Commissioners now allowing 
 a fixed sum to he deducted for estimated costs and assessing the duty on the 
 residue, this form of order will be comparatively rarely adopted ; see ante. 
 p. 30 ; Taylor v. Bwton, '29 March, 1872; Reg. Lib. 1872, B. 1291, ante, 
 p. 30, n. (o). 
 
FORMS. 
 
 109 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 I request that the sum of £- 
 
 . now standing to the credit of 
 (state the title of the cause and account (if any)), may be carried 
 over to the credit of (state the title of the cause and account (if any) 
 to which the carrying over is to be made). 
 
 Dated the day of 187 — . 
 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83). 
 
 Appendix V. 
 *— v * 
 
 57. 
 
 Request for a 
 carrying over 
 from one 
 account to 
 another (n). 
 
 Court of Chancery, 
 
 To the Paymaster-General. 
 
 day of - 
 
 187- 
 
 ■day 
 
 58. 
 
 Request for 
 certificate of 
 carrying over 
 
 A Certificate of the carrying over of Funds on the 
 
 of , from the credit of Jstate the title of the cause and account, '"' 
 
 if any, to which the fund stood) to the credit of (state the title of the 
 cause and the account (if any) to which the fund was carried over), 
 is requested for the use of (state for what purpose the certificate is 
 
 A. B. of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of person or party for whom 
 he acts, as in No. 2, ante p. 83,). 
 
 Court of Chancery. 
 
 At the request of Mr. 
 certify that on the — 
 
 Chancery Pay Office, 
 
 day of ■ 
 
 — , Solicitor for the - 
 day of , the sum 
 
 of 
 
 -, 187—. 
 -, I hereby 
 £ was 
 
 59. 
 
 Paymaster- 
 General's cer- 
 tificate of 
 carrying 
 over (o). 
 
 carried over from the credit of (title of the cause and account 
 (if any) from which the carrying over was made) to the credit of 
 (title of the cause and account (if any) to which the carrying 
 over was made) pursuant to an order dated . 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 (Place of business.) 
 
 I, A. B., of 
 
 (Date) day of - 
 
 the Official Liquidator of the Company 
 
 Limited (or as may be), hereby request that the' sum of £ 
 
 60. 
 
 Requisition 
 from official 
 person for 
 transfer to his 
 account at the 
 Bank of 
 England (q). 
 
 (n) See ante, pp. 31, 66 ; Chan. Funds Rules, 1872, No. 23 ; ante, p. 66. 
 (o) See ante, pp. 31, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 (j) See ante, pp. i, 31, 32, 65, 66 ; Chan. Funds Rules, 1872, No. 21 ; ante, 
 pp. 65, 66. 
 
110 
 
 FORMS. 
 
 Appendix V. 
 
 payable to me as such Liquidator as aforesaid (or as may be), 
 out of cash in Court to the. credit of (state the title of the 
 account in the Boohs at the Paymaster-General's Office to the 
 credit of which the cash is. standing), may be transferred to my 
 account at the Bank of England, entitled (state the title of the 
 Official Liquidator's cash account in the Bank Books) pursuant 
 to an order dated ■ 
 
 A. B. 
 (Signature of the Official Liquidator.) 
 
 61. 
 
 Notice to 
 creditors that 
 cheques may 
 be received (r). 
 
 62. 
 
 Bequest to 
 pay money to 
 attorney (u). 
 
 63. 
 
 Certificate 
 of life of 
 payee (as). 
 
 In Chancery. 
 
 (Short title and reference to the Record) (s). 
 The cheques for the amounts directed to be paid to the 
 creditors of A. B., deceased, by an order made in this (matter 
 
 and) cause, dated the day of , 187 — , may be received at 
 
 the Chancery Pay Office, on and after the day' of 
 
 187—. 
 
 Dated this day of , 187 — . 
 
 A. B., of 
 Solicitor for 
 (Name and address of solicitor giving 
 the notice, and name of the party or 
 person for whom he acts, as in No. 2, 
 ante p. 83). 
 (as in No. 19, ante, pp. 92, 93) (t). 
 
 To 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 Be pleased to pay to Mr. , by virtue of my Letter of 
 
 Attorney granted to him, the Payment due to me on the 
 
 day of , 187 — , out of funds to the credit of (state the title of 
 
 the cause and the account (if any) to which the funds are stand- 
 
 A.B., 
 
 \ture Oj 
 of attorney) 
 
 (Signature of person granting the power 
 
 We, the Minister, and one of the Churchwardens of the 
 Parish (y) of , in the County of , do hereby certify, 
 
 (r) See ante, p. 32 ; 2 Dan. Ch. Pr. 1661. The notice may be sent by post, 
 prepaid ; ante, p. 32, n. (m) ; 2 Dan. Ch. Pr. 1095, n. (m), 1661, n. (c) ; and see 
 Dan. Ch. Forms, No. 1899. 
 
 (s) See ante, pp. 11, n. (»), 60, 83, No. 1. 
 
 («) See also Dan. Ch. Forms, No. 54. 
 
 (u) See ante, p. 33. 
 
 (a) See ante, p. 33. The certificate is usually written under the request for 
 payment ; if it is not so written the payee must be described as named in an order 
 the title and the date of which must he set out. 
 
 i (y) Or ohapelry, as the case may require. If the minister is absent, both the 
 churchwardens should sign the certificate ; see ante, p. 33. 
 
FOBMS. 
 
 Ill 
 
 that the above-named 
 187—. 
 
 ■ was living on the 
 
 day of 
 
 Appendix V. 
 
 N. M., Minister. 
 
 P. R., Churchwarden. 
 
 64. 
 
 Affidavit of 
 
 Court of Chancery, 
 
 (Short title of cause or matter on which the fund is standing ) iif e of 
 
 I, A. B., of (name, residence, and addition), make oath and say payee (») 
 that C. D., of (name, residence, and addition),- the person named in 
 
 an Order in this (cause — matter), dated the ■ day of ,' 
 
 was alive on the day of , and is, as I verily believe, 
 
 still living. 
 
 Sworn before me, &c. (a) 
 
 For formal parts, see ante, No. 10, pp. 85, 86. 
 that C. D., the~person named in an order made in a cause [Or, 
 matter] of (state short title of the cause or matter) and dated the 
 
 day of , was alive on the : day of , and is, as 
 
 I believe, still living. 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 Be pleased to pay to Mr. 
 
 -, by Virtue of my Letter of 
 Attorney granted to him, the half-yearly Payment due to me on 
 the day of , 187 — , out of cash to the credit of 
 
 I, 
 
 (the Notary, Consul-General, Ambassador, or Secretary of Embassy, 
 
 as may be most convenient to the party abroad), 
 
 do hereby certify, that the above- written came before me on 
 
 the day of , 187 — , and signed the above Order in my 
 
 presence, of which Act evidence being required, I hereby certify 
 the same under my Hand and Seal of Office. 
 Done at , the day of . 
 
 65. 
 
 Statutory 
 declaration 
 of life of 
 payee (b). 
 
 65a. 
 
 Request to 
 pay money to 
 attorney and 
 certificate of 
 grantor 
 being alive 
 where he is 
 abroad (c). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 (Short title of cause and reference to record) (e). 
 
 Pursuant to the order dated , 187 — , Consolidated £3 per 
 
 cent. Annuities (or as may be) in Court to the credit of this cause 
 (short title of cause and reference to record (e), as thus : A. v. B., 
 1872, A. 100, and separate account (if any)) are to be sold. 
 
 66. 
 
 Registrar's 
 certificate for 
 sale of 
 securities (d). 
 
 (z) See ante, p. 33. 
 
 (a) The affidavit must be sworn before a person capable of administering oaths 
 in Chancery ; for list of such persons, see Dan. Ch. Forms, No. 40. 
 (6) See ante, p. 33; Chan. Funds Rules, 1873, Nos. 57; ante, p. 77. 
 
 (c) See ante, p. 33. 
 
 (d) See ante, pp. 33, 34, 67, 69, 79. 
 
 (e) See ante, pp. 11, n, («), 60, 83, No. 1.. 
 
112 
 
 FORMS. 
 
 Appendix V. 
 
 66a. 
 
 Registrar's 
 certificate for 
 sale to raise 
 costs (/). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 (Short title of cause and reference to record) (g). 
 
 Pursuant to the order dated , and the Taxing Masters 
 
 Certificate dated , so much of Consolidated £3 per cent. 
 
 Annuities (or as maybe), in Court to the credit of this cause (short 
 title of cause and reference to record (g), as thus : A. v. B., 1872, 
 A. 100, and separate account (if any)) as will raise one thousand 
 pounds, is to be sold. 
 
 67. 
 
 Eegistrar's 
 certificate for 
 transfer out of 
 securities (/). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 (Short title of cause and reference to record) (g). 
 
 Pursuant to the order dated , 187—, Consolidated 
 
 £3 per cent. Annuities (or as may be) in Court to the credit of 
 this cause (short title of cause and reference to record (g), as thus : 
 A. v. B., 1872, A. 100, and separate account (if any)) are to be 
 transferred to the Plaintiff A. \_Or, Defendant, B., or, D. in the 
 said order named, or as may be']. 
 A. B., of (A) 
 
 (Name, address, and description or addi- 
 tion of person to whom the transfer is 
 to be made.) 
 G. H., of (*) 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of party or person for whom he 
 acts, as in No. 2, ante, p. 83.) 
 
 68. 
 
 Registrar's 
 certificate for 
 delivery out of 
 securities (/). 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 (Short title of cause and reference to record) (g). 
 Pursuant to an order dated , 187 — , the following [de- 
 he securities, as thus : Exchequer Bills] in Court to the 
 credit of this cause (short title of cause and reference to record (g), 
 as thus : A. v. B., 1872, A. 100, and separate account (if any)) viz. 
 [specify the number and amount of the securities, as thus : Nos. 375 
 and 395 for £100 each, all dated, &c, &c, Nos. 400 and 500 for 
 £200 each, all dated, &c, amounting together to six hundred 
 pounds] are to be delivered out to the Plaintiff A., A. B. of [Or, 
 Defendant, C. D., or, E. F. in the said order named, or as may be.\ 
 
 (/) See ante, pp. 33, 34, 67, 69, 79. 
 
 (g) See ante, pp. 11, n. (»), 60, 83, No. 1. 
 
 (k) A memorandum stating the name, address, and description or addition of 
 the person into whose name the transfer is to be made must be written at the 
 foot of the certificate, and signed by the solicitor in his own name, and not in the 
 name of his firm, though he ma; sign it " for" his firm ; ante, p. 34. 
 
FORMS. 
 
 113 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 (Short title of cause and reference to record) (o). 
 
 Pursuant to the order dated the box indorsed 
 
 ment of the box, as thus : A. v . B., 1872, A. 100, Securities), in 
 Court to the credit of this cause (short title of cause and reference 
 to record (o), as thus : A. v. B. 1872, A. 100, and separate account 
 
 (if any)) is to be delivered out (within fifteen days after the 
 
 day of January, 187—) to the plaintiff A. [Or, defendant B., or, D. in 
 the said order named, or as may Je]. 
 
 Appendix V- 
 
 68a. 
 
 Begistrar's 
 certificate for 
 delivery out 
 of effects (n). 
 
 187—. 
 
 69. 
 
 Bequest for 
 Paymaster- 
 General's cer- 
 
 Consolidated £3 per cent. Annuities (or as may be) then standing ^ "Purities 6 
 to the~credit of ' 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 A Certificate of the sale on the 
 
 day of ■ 
 day of 
 
 of ■£- 
 
 of cause or matter and account, if any) is /_\ 
 requested for the use of (state for what purpose the certificate is 
 required). 
 
 A. B., of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of party or person for whom 
 he acts, as in No. 2, ante, p. 83). 
 
 Court of Chancery. 
 
 Chancery Pay Office, 
 
 day of : 
 
 — , Solicitor for the - 
 
 , 187—. 
 , I hereby 
 -, Consoli- 
 Annuities {or as may be) having been sold 
 
 the sum of £- 
 
 At the request of Mr. 
 
 certify that on the day of 
 
 dated £3 per cent. 
 
 was transferred from the credit of (title of cause or matter and 
 
 70. 
 
 Paymaster- 
 General's 
 certificate 
 of sale of 
 securities (q). 
 
 account (if any)) and that the proceeds of the sale, amounting to 
 
 the sum of £ , have been placed to the same credit pursuant to 
 
 an order dated . 
 
 Court of Chancery. day of - 
 
 To the Paymaster-General. 
 A Certificate of the transfer 
 — day of - 
 
 187—. 
 
 out of Court on the 
 
 ; of £ Consolidated £3 per cent. Annuities 
 
 (n) See ante, pp. 33, 34, 35, 67, 69, 79. 
 (o) See ante, pp. 11, n. (v), 60, 83, No. 1. 
 
 lp) See ante, pp. 34, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 (q) See ante, pp. 34, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 (r) See ante, pp. 34, 35, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 
 I 
 
 71. 
 
 Bequest for 
 Paymaster - 
 General's 
 certificate 
 of transfer 
 out(r). 
 
114 
 
 FORMS. 
 
 Appendix V. (or as may be) from the credit of {state the title of cause or matter 
 
 v - ' and account, if any, from which the securities were transferred) to 
 
 (name the person to whom the transfer was made) is requested for 
 the use of (state for what purpose the certificate is required). 
 A. B., of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of person for whom he acts, 
 as in No. 2, ante, p. 83). 
 
 72. 
 
 Paymaster- 
 General's 
 certificate 
 of transfer 
 out (s). 
 
 Court of Chancery. 
 
 Chancery Pay Office, 
 day of — 
 
 -, Solicitor for the — 
 the sum of £- 
 
 187—. 
 I hereby 
 ■, Consoli- 
 
 At the request of Mr. 
 
 certify that on the day of 
 
 dated £3 per cent. Annuities (or as may be) then placed to the 
 credit of (title of cause or matter and account, if any, from which 
 the securities were transferred) was transferred to.(^e person 
 to whom the transfer was made) pursuant to an order dated . 
 
 73. 
 
 Bequest for 
 Paymaster- 
 General's 
 certificate of 
 delivery out 
 of securities 
 
 day of • 
 
 187—. 
 
 Court of Chancery. 
 
 To the Paymaster-General. 
 
 A Certificate of the delivery out of Court on the 
 
 day of , 187 — , of (state the number and description of the 
 
 securities delivered out) then placed to the credit of (state the title 
 of the cause or matter and the separate account (if any) to (state the 
 name of the person to whom the securities were delivered) is requested 
 for the use of (state for what purpose the certificate is required). 
 A.B., of 
 Solicitor for 
 
 (Name and address of solicitor, and 
 name of person for whom he acts, 
 as in No. 2, ante, p. 83). 
 
 74. 
 
 Paymaster- 
 General's 
 certificate of 
 delivery out 
 of securities 
 
 Court of Chancery. 
 
 Chancery Pay Oifice, 
 
 day of , 187—. 
 
 At the request of Mr. , Solicitor for the - — , I hereby 
 
 certify that on the day of , the following [the number 
 
 date and description of securities, as thus: Exchequer Bills], that is 
 
 (*) See ante, pp. 34, 35, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 (0 See ante, pp. 35, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 (it) See ante, pp. 35, 70 ; Chan. Funds Rules, 1872, No. 31 ; ante, p. 70. 
 
FORMS. 115 
 
 to say, No. , for £ , dated , and No. , for Appendix V. 
 
 £ , dated , amounting together to £ , then placed to v ' 
 
 the credit of {the title of the cause or matter and account {if any)) 
 were delivered to {name of the person to whom the securities 
 were delivered) pursuant to an order dated . 
 
 In Chancery. 75. 
 
 Ex parte the Copyhold Commissioners. Summons 
 
 In the Matter of the Settled Estates of A. B. {or as under Copy- 
 may be) and of the Copyhold Acts. h ° ld A °£ s W 
 
 Let all parties concerned attend at my Chambers {state where ; wnere tne 
 a * J x money was 
 
 •/ paid in after 
 
 in the Kolls Yard, Chancery Lane, Middlesex ; 6tb Jan., 
 
 „ Or, 1873 (y) and 
 
 at No. 3, Stone Buildings, Lincoln's Inn, Middlesex ; placed on 
 
 Qf deposit. 
 
 at No. 11, New Square, Lincoln's Inn, Middlesex ; 
 Or, 
 
 in Old Square, Lincoln's Inn, Middlesex, 
 
 on the day of , 187 — , at of the clock in 
 
 the noon, on the hearing of an application on the part of 
 
 [C. D. of {residence and description or addition (s)) the tenant for 
 life of the Manor, or as may be.~] 
 
 1. That the Costs as between solicitor and client of the 
 
 applicant C. D. and of {name any other person entitled 
 to costs)'] of this application, and consequent thereon, 
 be taxed by the Taxing Master [Or, if a certain sum 
 
 is to be allowed for the Costs, That the sum of £ 
 
 may be allowed for the ascertained costs of the appli- 
 cant C. D. and the sum of £ for the ascertained 
 
 costs of {name any other person entitled to costs) of 
 this application and consequent thereon.] 
 
 2. That out of the £ money on deposit (a) on the 
 
 credit of " Ex parte the Copyhold Commissioners," The 
 
 account of the Manor of {state title of account from 
 
 the Paymaster-General's certificate) such costs be paid to 
 
 Mr. , the solicitor of the applicant, C. D. [and to 
 
 Mr. , the solicitor of the said {insert names of other 
 
 persons entitled to costs)~\ [Or if the costs have been ascer* 
 
 (x) See ante, pp. 5, 37, 79 ; Chan. Funds Ord., 1872, No. 8; ante, p. 79. 
 For the practice an application by summons at chambers, see 2 Dan. Ch. Pr. , 
 1050—1070 ; Dan. Ch. Forms, Nos. 1122—1199. 
 
 (y) The day previous to the day the Court of Chancery (Funds) Act, 1872 (35 • 
 & 36 Vic. c. 44), came into operation ; see Chan. Funds Kules, 1872, No. 1, 
 
 amie, pp. 1, 59. 
 
 (2) For mode of describing applicant, see ante, p. 94, u. (a) ; Dan. Ch. Forms, 
 
 No. 55, u. (t). 
 
 (a) The whole of the money on deposit must be withdrawn therefrom before 
 
 the costs are paid. 
 
 I 2 
 
116 FORMS. 
 
 Appendix V. tained without taxation, such sum of £ be paid to 
 
 Mr. 7, the solicitor of the applicant (*/ there are any 
 
 other persons entitled to casts) and such sum of £ be 
 
 paid to Mr. , the solicitor of (name the other persons 
 
 entitled to costs)]. 
 
 3. That out of the residue of the said £ , money on 
 
 deposit, the sum of £ (being the amount of the 
 
 interest which has been credited to the 31st of March, 
 187— [Or, the 30th of September, 187—] in respect of 
 
 the said sum of £ , paid into Court to the like credit, 
 
 while the same has been on deposit, and any interest to be 
 credited in respect thereof, may be paid to the applicant, 
 0. D.(b), and that the ultimate residue of the said 
 
 £ , money on deposit, after providing for the said 
 
 payments, maybe invested in Consolidated [Or, Reduced, 
 or, New (as the case may be)} £3 per cent. Annuities, to 
 the credit of "Re the Settled Estates of A. B. of" (or as 
 may be), and the interest as it accrues thereon during the 
 life of the applicant, C. D., be paid to the applicant, C. 
 D., until further order. 
 
 Dated this day of , 187—. 
 
 Romilly, Master of the Eolls ; 
 
 Or, 
 Richard Malins, Vice-Chancellor ; 
 
 Or, 
 James Bacon, Vice-Chancellor ; 
 
 Or, 
 John Wickens, Vice-Chancellor. 
 This summons was taken out by A. and B., of Lincoln's Inn, 
 in the County of Middlesex, solicitors for the applicant [or as 
 may be (c)]. 
 
 Where service of the summons is necessary (d) address it to the 
 persons required to be served (e), and add foot note, as thus : 
 
 To the above-named C. D. and E. F. [Or, To C. D. of (resi- 
 dence and addition or description) and E. E., of, &c] 
 Note. — If you do not attend, either in person or by your 
 solicitor, at the time and place above-mentioned, or, if the 
 return day of the summons is altered, say : at the place above- 
 mentioned, at the time mentioned in the indorsement hereon, 
 such order will be made and proceedings taken as the Judge 
 may think just and expedient (/). 
 
 (J) C. D. being the tenant for life is entitled to the interest, as it represents the 
 income of the property. 
 
 (c) See ante, p. 94 n. (g) ; Dan. Ch. Pr., 378, 379, 1050 ; Dan. Ch. Forms 
 Nob. 3—7, 112S. 
 
 (d) If the application is to be made ex parte, the foot note as well as the address 
 should be omitted ; see 2 Dan. Pr. 1050, n. (6). 
 
 (e) Every summons should be addressed to the persons themselves, and not to 
 their solicitors ; Dan. Pr. 1050. 
 
 (/) See 2 Dan. Ch. Pr. 1050, 1052 ; Dan. Ch. Forms, No. 1126. 
 
FORMS. 
 
 117 
 
 Formal parts as in last form. 
 
 1. (As in last form). 
 
 2. That out of the £ , Cash in Court to the credit of" Ex parte 
 
 the Copyhold Commissioners" part of the £ , in Court to 
 
 the like credit, such costs {as in last form) \_Or, such sum of 
 £ (as in last form)']. 
 
 3. (Where the costs have hem taxed). That what shall be certified 
 
 to be the residue of the said £ cash [or where a certain 
 
 sum has teen allowed for costs, That the sum of £ , being 
 
 the residue of the said £ cash] may be invested (as in 
 
 lastform). 
 
 Appendix V. 
 
 Summons 
 under Copy- 
 hold Acts 
 where money 
 was paid in 
 before 7th Jan. 
 
 1873 (flr). 
 
 (g) The day the Court of Chancery (Funds) Act, 1872 (35 & 36 Vic. c. 44), 
 came into operation ; Chan. Funds Kules, 1872, No. 1 ; ante, pp. 1, 59. 
 
APPENDIX VI. 
 
 BALANCE SHEET OF THE FUNDS IN THE COUKT OF CHANCERY 
 ON THE 1ST OF OCTOBER, 1872(a). 
 
 £ s. d. £ «. 
 
 Cash in the custody of the Bank . . 1,111,729 15 3 
 Debt due from the Consolidated Fund in " 
 
 respect of Suitors' Fund Stock (6) . 2,423,340 15 6 
 
 Total amorint of Suitors' Cash ... ... 
 
 Bank £3 per Cent. Annuities 
 
 Bank £3 per Cent. Certificates 
 
 Eeduced £3 per Cent. Annuities 
 
 New £3 per Cent. Annuities 
 
 Bank Stock .... 
 
 East India Stock 
 
 India £4 per Cent. Stock 
 
 India £5 per Cent. Stock 
 
 New £5 per Cent. Annuities 
 
 New £3 10s. per Cent. Annuities 
 
 New £2 10s. per, Cent. Annuities 
 
 Annuities ending July, 1901 
 
 Annuities ending January, 1880 
 
 Annuities for 30 years from April, 1855 .... 
 
 Metropolitan Consolidated Stock 
 
 India £5 per Cent. Debentures 
 
 Exchequer Bills 
 
 London and St. Katherine Docks Stock 
 
 East and West India Dock Stock 
 
 Liverpool, London, and Globe Insurance Company 
 
 Royal Exchange Assurance Stock 
 
 Globe £6 per Cent. Annuities 
 
 / East India Bailway Company 
 
 Bombay and Baroda, &c, Bailway Company .... 
 
 Madras Bailway Company 
 
 Great Indian Peninsular Bailway Company .... 
 Delhi Stock of the Scinde Bailway Company . . . . 
 Oude and Bohilcund, &c, Bailway Company .... 
 Great Southern of India Bailway Company . • . . 
 
 Scinde and Punjaub Bailway Company .... 
 
 Consolidated Stock, &c, London, Brighton, and South Coast 
 
 Bailway Company . 
 
 £5 per Cent. No. 1 „ „ „ 
 
 £5 per Cent. No. 4 „ „ ; , ' 
 
 Debenture, &c. ' „ „ 
 
 £4 10s. per Cent. &c. 1861 „ „ J( 
 
 £7 per Cent. &c, „ „ „ t> 
 
 Consolidated £6 per Cent. &c. „ 
 
 £b per Cent. &c, Eastern Counties Bailway Stock of the'Great 
 Eastern Railway Company ...... 
 
 £5 per Cent. &c, No. 1, Eastern Counties Railway Company 
 £6 per Cent. &c, Great Eastern Railway Company 
 
 Carried up £63,891,861 8 9 
 
 (a) See ante, p. 50, n. (p). 
 
 (6) This amount of cash is a book debt due under the Courts of Justice Salaries and Funds A„+ 
 1869, to the suitors from the Consolidated Fund. acI > 
 
 3,535,070 
 
 LO 
 
 9 
 
 44,753,065 
 
 7 
 
 5 
 
 32,600 
 
 
 
 
 
 5,626,021 
 
 9 
 
 LO 
 
 6,743,062 17 
 
 4 
 
 867,866 
 
 1 
 
 LO 
 
 358,576 14 
 
 8 
 
 950,443 
 
 8 
 
 8 
 
 531,381 
 
 7 
 
 7 
 
 2,965 
 
 19 
 
 9 
 
 4,839 
 
 19 
 
 10 
 
 5,903 
 
 15 
 
 8 
 
 20 
 
 
 
 
 
 128 
 
 
 
 
 
 1,076 15 
 
 3 
 
 33,593 
 
 13 
 
 10 
 
 3,000 
 
 
 
 
 
 159,900 
 
 
 
 
 
 93,511 
 
 9 
 
 9 
 
 27,812 
 
 5 
 
 9 
 
 140 
 
 
 
 
 
 5,620 
 
 4 
 
 2 
 
 90 
 
 
 
 
 
 19,840 
 
 
 
 
 
 8,561 
 
 
 
 
 
 12,990 
 
 
 
 
 
 88,320 
 
 
 
 
 
 6,595 
 
 
 
 
 
 3,222 
 
 
 
 
 
 2,000 
 
 
 
 
 
 2,350 
 
 
 
 
 
 1,540 
 
 
 
 
 
 1,000 
 
 
 
 
 
 1,420 
 
 
 
 
 
 2,250 
 
 
 
 
 
 3000 
 
 
 
 
 
 100 
 
 
 
 
 
 200 
 
 
 
 -0 
 
 1,333 
 
 6 
 
 8 
 
 300 
 
 
 
 
 
 150 
 
 
 
 
 
CHANCERY BALANCE SHEET. 
 
 119 
 
 Exchequer Orders .... 
 
 London Assurance Company 
 
 East India 4 per Cent. Transfer Loan Stock . 
 
 Registered India 4 per Cent. Stock of 1828-1829 
 
 1832-1833 
 
 5 per Cent. 
 5£ per Cent. 
 4 per Cent. 
 4l\ per Cent. 
 
 1835-1836 
 1842-1843 
 1854-1855 
 1856-1857 
 1859-1860 
 May, 1865 
 1872 
 
 £5 per annum 
 400 Shares 
 
 S. Bupees. Anns. 
 
 169.615 4 
 
 Bupees. 
 2.000 
 
 35.600 
 103.300 
 358.100 
 201.200 
 
 30.000 
 1.027.800 
 666.700 
 287:700 • 
 
 a. d. 
 
 8 9 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 £ 
 Brought up . . . 63,891,861 
 
 Ordinary, &c, Great Eastern Railway Company . . . . 1,010 
 
 .£5 per Cent. Preference, &c 243 
 
 £5 per Cent. Debenture, &c 2,020 
 
 £A 10s, per Cent 200 
 
 Consolidated Stock of the Great Eastern Railway Company . 400 
 
 Rent Charge Stock, &c, Great Western Railway Company . 1,280. 
 
 Consolidated Ordinary „ » >, • 1,002 
 
 Consolidated Guaranteed, &c. „ „ „ . 600 
 
 (c) I J5 per Cent. Debenture, &c. „ „ „ . 600 
 
 £4 per Cent. Debenture, &c „ „ • „ . 720 
 
 Consolidated Ordinary, &c, Great Northern Railway Company 70 
 
 Consolidated B., &c. „ „ „ 500 
 
 £5 per Cent. Preference, &c. „ „ „ . 2,950 
 
 £5 per Cent. Reduced, &c. „ „ „ . 175 
 
 £4 10s. per Cent. Reduced Preference, &c. „ „ . 150 
 
 Consolidated, &c, South Eastern Railway Company . . 2,100 
 
 £5 per Cent., &c, 1861 „ „ ... 100 
 
 £5 per Cent., &c, 1863 „ ;, . . 370 
 
 Guaranteed £A 10s. per Cent. „ „ ... 1,300 
 Consolidated Stock, &c, London and South Western Railway 
 
 Company 550 
 
 £A 10s. per Cent., &c. „ „ „ . 400 
 Consolidated, &c, Stock, &c, London and North Western 
 
 Railway Company 4,000 O 
 
 £A 10s. per Cent., &c. „ „ „ . 100 
 
 Perpetual J5 per Cent., &c. „ „ „ . 300 
 
 St. Helen's Stock A. of the „ „ . 1,000 
 
 £A per Cent. Debenture Stock, &c. „ „ . 8,200 
 
 London and Blackwall Railway Company .... 300 
 £4 per Cent. Preference Stock, &c, North Eastern Railway 
 
 Company 600 
 
 £5 per Cent. Stock, &c, Chester and Holyhead Railway 
 
 Company 500 
 
 Consolidated £6 per Cent. Stock, &c., East Lincolnshire 
 
 Railway Company . . . . . . . 1,250 
 
 Commercial Gas Company 225 
 
 Gas Light and Coke Company 100 
 
 KGsb Light and Coke Company, Class C 90 
 
 , 7N ( Mortgages 4,732 11 8 
 
 W | Notes and Bills 27,188 2 10 
 
 £63,957,187 3 3 
 
 (c) These securities are in Court in Matters in Lunacy, but under the Court of Chancery (Funds) 
 Act, 1872, similar securities may be brought into Court in Chancery. 
 
 (d) The particulars of these two items will be found in the Appendix to the Chancery Funds 
 
120 
 
 CHANCERY BALANCE SHEET. 
 
 The, following Articles, the value of which is not ascertained, were on the 
 1st October, 1872, in Court to the credit of the undermentioned 
 Matters and Causes (a). 
 
 Cause Angas v. Angas . 
 
 Matter Anonymous 
 
 Cause Sevan v. Attorney-General 
 
 Matter 
 Cause 
 
 Bell, L. A., &c 
 
 Bowman v. Eilbeck, 1869, B. 102 
 
 ( A Box marked " In Chancery, Angus v. 
 ( Angus, Foreign Securities." 
 A small Box containing Jewels, &c. 
 A Box marked "In Chancery, Bevan v. 
 
 Attorney-General." 
 A Box marked " Re Bell, Bell v. Marshall, 
 
 1863, B 314, Portuguese Bonds." 
 A Box marked " In Chancery, Bowman v. 
 Eilbeck, 1869, B 102, Railway Securities." 
 Bishop, Culpepper?;. Budge, 1868, ] A Box marked "In &c. Bishop, Culpepper 
 B 361 . . . • ■ \ v. Budge, 1868, B. 361." 
 
 Three Chests endorsed " No. 1, 2, 3, Brown 
 v. Taylor." 
 ( A Box marked " In &c. Brown v. Gellatley, 
 No. 2." 
 A Box marked " In &c. Brown v. Gellatley, 
 
 No. 1." 
 A Box marked " In &c. Gooke v. Aveline, 
 
 1868, C 298." 
 A Box marked " In &c. Cassavetti v. Cas- 
 savetti, 1869. C No. 113, Indian, &c. 
 Investments." 
 A Paper said to be his Will. 
 A Box marked "In &c. W. Dent v. Dent, 
 
 Foreign Securities." 
 A Parcel marked " Shares, &c." 
 A Box marked " In &c. Daniel Dixon, an 
 
 Infant, Certificates of Railway Shares." 
 A Box marked " In &c. Donaldson v. Do- 
 naldson, Indian Railway Stock." 
 A Box marked " Edwards v. Machlachlan, 
 
 1867, E 63." 
 A Box marked " In &c. Evans v. Southall, 
 1872, E 22, Shares of the London and 
 North Western Railway Company." 
 Five Chests and one Box marked " Plate 
 
 and Jewellery." 
 A Box marked " In &c. Groom v. Groom, 
 
 1870. G 36, Foreign Securities." 
 A Box marked " Securities, &c." and this 
 Cause and Account. 
 
 „ Brown v. Taylor, 1867, B 377 
 
 „ Brown v. Gellatley 
 
 „ Do. The&c. . 
 
 Cooke v. Aveline, 1868, C 298 
 
 „ Cassavetti v. Cassavetti 
 
 Matter Coleman, George, &c. 
 
 Cause Dent, W. v. Dent 
 
 „ Davies v. Hallett 
 
 Matter Dixon, Daniel, &c. 
 
 „ Donaldson's Estate, &c, Donaldson 
 v. Donaldson, &c. 
 
 Cause Edwards v. Machlachlan 
 
 Evans v. Southall, 1872, E 22. 
 
 Matter Flu dyer, Sir Samuel 
 Cause 
 
 Groom v. Groom, 1870, G 36 
 
 Greville v. Greville, P. E. J 
 Greville .... 
 
 Greville v. Greville, E. C. Ba 
 roness de Cetto 
 
 Matter Giffard, L. S. A., &c. 
 
 „ Glover, R. H., &c. 
 
 „ Grossett, C. M., &c. 
 
 Cause Herrick t>. Franklin, 1868, H 
 150 .... 
 
 Do. 
 
 Do. 
 
 Do. 
 
 ( Two Boxes marked " In &c, L. S. A. Giffard, 
 \ &c, Plate." 
 A Box marked " Silver Articles." 
 A Box marked " In &c. C. M. Grossett, &c, 
 
 Jewellery." 
 A Box marked " In &c. Herrick v. Franklin, 
 Foreign Securities." 
 Hampton v. Holman, 1864, H 42 \ A ^°| ^^^rked " Hampton v. Holman, 1864, 
 
 (o) See ante, p. 14, n. (e). 
 
CHANCERY BALANCE SHEET. 
 
 121 
 
 Cause Hervey v. Hervey, 1868, H 179, 
 The, &c 
 
 „ Hervey v. Slack, 1868, H . 178 
 
 „ Jones v. Baker, 1870, J 9 . 
 
 „ Jephs v. Knight, J 107 . . . 
 
 „ Jones v. Lloyd .... 
 
 „ Kay v. Pierce, 1867, K 5 . . . 
 
 Matter Landseer, &c 
 
 „ Maitland, E., &c 
 
 Cause Middleton v. Barber, 1861, M 26 
 
 „ May v. Da Costa 
 
 „ Macdonald v. Mackenzie, 1869 
 M217 . 
 
 „ Nixson v. Few 
 
 „ Pritchard v. Fleetwood 
 
 „ Palmer v. Jones, 1869, P 126 . 
 
 „ Keeve v. Hancock 
 
 Matter Sayer, Matilda, &c. 
 
 Cause Stephens v. Green 
 
 „ Trezevant v. Broughton . 
 
 „ Stephens v. WormalL 1869, S 175 
 
 Taylor v. Hall, The &c. 
 
 Matter Tilghman, E. E. &c. 
 
 Cause Theakstone v. Theakstone, &c, 
 
 1870, T 147 . 
 
 Matter "Wakeman, M. T., &c. 
 
 Cause White v. Killersley 
 
 Matter Windeatt, I., &c. 
 
 Cause Willoughby v. Storer 
 
 Matter Wynne, Rev. I., &c. 
 
 Cause Xindaveloni v. Carati, 1872, X 1 
 
 „ Yglesias v. Yglesias, 1869, Y 1. 
 
 The, &c 
 
 A Box marked " In &c. Hervey v. Hervey, 
 
 Diamond Ring." 
 A Box marked " Hervey v. Slack, 1868, H 
 
 178, Diamond Necklace, Coronet, and 
 
 Earrings, &c." 
 i A Box marked " Hervey v. Slack, 1868, H 
 
 178, Portrait referred to in the Order 
 [ dated 18th December, 1868." 
 ( A Box marked " In &c. Jones v. Baker, 
 } 1870, J 9, East India Bonds." 
 ( A Box marked " In &c. Jephs v. Knight, 
 \ 1871, J 107, Turkish Bonds." 
 
 A Bag of clipped Money. 
 ( A Box marked " In &c. Kay v. Pierce, 
 \ Turkish Bonds." 
 
 ( A Box marked " In re &c. Landseer, Vic- 
 < toria and other Bonds, and Debenture 
 ( Bonds." 
 
 iA Box marked " In &c. Re Maitland's Trust, 
 1872, M 95, New South Wales, &c. £5 per 
 cent. Debentures, 1888 to 1901." 
 A Box marked " In &c. Middleton v. Barber, 
 \ 1869, M 26, Railway Shares, &c." 
 
 A Debenture Deed, 
 ( A Box marked " Macdonald v. Mackenzie, 
 \ 1869, M No. 217," " The Honduras, &c." 
 ( A Box marked '•' United States Bank 
 ( Shares." 
 A Deed of Settlement. 
 ( A Box marked " Palmer v. Jones, 1869, P 
 I 126 
 
 i Two Boxes of Plate, Nos. 1 and 2, marked 
 ( " Reeve v. Hancock." 
 ( A Box marked " In &c. Matilda Sayer, a 
 ( person, &c. Plate and Jewellery." 
 A Box marked " Securities, &c." 
 A Box marked " Trezevant v. Broughton." 
 ( A Box marked " In &c. Stephens v. Wor- 
 \ mall, 1869, S 175, Railway Shares." 
 A Box marked " Railway Stock." 
 A Box marked " In &c. E. E. Tilghman, &c, 
 ' a person of unsound mind, &c, Debenture 
 
 Bonds." 
 A Box marked " In &c. Theakstone v. 
 
 Theakstone,1870, T 147, Securities." 
 A Box marked " Plate and Jewellery, &c." 
 Five Tallies. 
 A Box marked " I. Windeatt, &c, Spanish 
 
 Bonds." 
 A Box marked " In &c. Willoughby v. 
 
 Storer, Bonds and Securities." 
 A Box marked "In &c. I. Wynne, &c, 
 
 Railway Debentures." 
 A Box marked " In &c. Xindaveloni v. 
 
 Carati, Foreign Securities." 
 A Box marked " In &c. Yglesias v. Yglesias,, 
 1869, Y 1, Trust Securities." 
 
INDEX. 
 
 ABSENT PERSON, 
 
 payment out to, on claiming the amount, money being in meantime placed 
 on deposit, 27 ; forms of order for, 105, No. 48, 107, No. 52a 
 
 ACCOUNT (IN BOOKS OF CHANCERY PAY OFFICE), 
 Copyhold Acts, where fund paid in under, 2, 16, 64 
 
 Chan. Funds Rules, 1878, r. 14, 64 
 exact titles of to be stated, 2, 4, 60, 61 
 
 Chan. Funds Rules, 1872, r. 5, 60, 61 
 Lands Clauses Consolidation Act, 1845, where money paid in under, 2, 16, 
 63, 64 
 
 Chan. Funds Rules, 1872, r. 13, 63, 64 
 limitation of length of title of, 5, 10, 77 
 
 Chan. Funds Rules, 1872, r. 59, 77 
 reference to record to form part of, 4, 60 
 transcript of, 9, 69 
 
 Chan. Funds Rules, 1872, e. 30, 69 
 
 fee for, 8 n. (y) 
 
 request for, 9; form of, 84, No. 6. 
 
 ACCOUNTANT-GENERAL OF THE HIGH COURT OF CHANCERY, 
 abolition of office of, and substitution of Paymaster-General, 2, 6, 7, 41 
 
 Court of Chancery (Funds) Act, 1872, s. 4, 41 
 books and property of, vested in Paymaster-General, 6, 51, 52 
 
 Court of Chancery (Funds) Act, 1872, s. 24, 51, 52 
 building used as office of, now Chancery Pay Office, 7 
 buildings vested in, to vest in Commissioners of Works and Public Build- 
 ings, 6 n. (e), 50, 51 
 
 Court of Chancery (Funds) Act, 1872, s. 21, 50, 51 
 cheques of, renewal of, by Paymaster-General, 31 n. (g), 65 
 
 Chan. Furids Rules, 1872, r. 20, 65 
 clerks of transferred to Chancery Pay Office, 7, 51 
 
 Court of Chancery (Funds) Act, 1872, s. 23, 51 
 construction of Acts of Parliament referring to, 6, 7, 42, 43 
 
 Court of Chancery (Funds) Act, 1872, s. 6, 42, 43 
 pension to, 6 n. (c), 51 
 
 Court of Chancery (Funds) Act, 1872, s. 22, SI 
 securities and money vested in, to vest in Paymaster-General, 6, 51, 52 
 
 Court of Chancery (Funds) Act, 1872, s. 24, 51, 52 
 
 ACCOUNTANT-GENERAL OF THE COURT OF EXCHEQUER, 
 
 duties of to be performed by Paymaster-General, 6, 7, 42, 43 
 
 Court of Chancery (Funds) Act, 1872, s. 6, 42,'43 
 
 AFFIDAVIT, 
 
 apportionment, of, no longer receivable, 28 n. (c), 61 n. (m) 
 
 evidence, received as, in Chancery Pay Office, 29 
 
 life of payee, of, 33 ; form of, 111, No. 64 
 
 subsequent interest, of amount of, no longer receivable, 28 n. (c), 61 n. (in) 
 
124 INDEX. . 
 
 APPEAL DEPOSIT ACCOUNT, 
 
 money paid into, not placed on deposit, 19, 71 
 Chan. Funds Rules, 1872, i. 36, 71 
 
 APPORTIONMENT, 
 
 affidavit, by, no longer permitted, 28 n. (c), 61 n. .(m) 
 mode of effecting, Addenda 
 
 ATTORNEY, 
 
 payment to, of fund in Court, 33 
 evidence required, 33 
 request for, 33 ; form of, 110, No. 62 ; when payee abroad, 111, No. 65a 
 
 ATTORNEY (POWER OF), 
 payment out of Court for, 33 
 fee for preparing, 8 n. (y) 
 
 BALANCE SHEET OF COURT OF CHANCERY, 
 on 1st Oct. 1872, 118—121 
 
 BANK OF ENGLAND, 
 
 branch bank of, payment of money into, 15 n. (/) 
 certificate of, 15, 16, 17, 24, 34, 35, 62, 63, 64, 67, 68 
 
 delivery out, of, 35, 68 
 
 deposit of box containing securities or effects, of, 16, 62 
 
 deposit of securities, of, 15, 24, 62, 67 
 
 investment, of, 24, 67 
 
 lodgment of money in urgent case, of, 17, 63 
 
 receipt of money or securities, of, 15, 62 
 
 sale of securities, of, 34, 67 
 
 transfer in of securities, of, 15, 24, 64, 67 
 
 transfer out of securities, of, 34, 68 
 deposit at, of securities and effects brought into Court, 15, 16, 68 
 dividends on, and principal of securities in Court, received by, 3, 17, 44 
 
 Court of Chancery (Funds) Act, 1872, s. 10, 44 
 effects brought into Court deposited at, 16 
 indemnity to, 9 n. (£), 45 
 
 Court of Chancery (Funds) Act, 1872, s. 13, 45 
 lodging money at, in an urgent case, 2, 16, 17, 63 
 
 Chan. Funds Rules, 1872, r. 12, 63 
 money payable into Court paid into, 15, 62 
 Paymaster-General's Chancery Account kept at, 2, 9, 60 
 
 and see Chancery Pat Office Account 
 payment into, of money to be paid into Court, 15, 62 
 
 after lodgment of money in an urgent case, 17, 63 
 receipt of. 3, 15, 16, 17, 62, 63 
 
 box containing securities or effects, for, 16 
 
 money paid in, for, 3, 15, 62 ; where it has previously been lodged in an 
 urgent use, 17, 63 
 return by, of direction for payment, transfer, or deposit in Court 15 16 
 62,64 ' 
 
 securities brought into Court deposited at, 15, 16, 62, 64 
 
 BANK STOCK, 
 
 investing fund in Court in, 19 
 
 CARRYING OVER, 
 
 absent person, to account of, placing on deposit and payment out to him on 
 claiming the fund, 27; forms of order for, 105, No. 48, 107, No. 62a' 
 
INDEX. 125 
 
 CARRYING OVER— continued. 
 
 cash, of, form of order for, 107, No. 52 
 certificate of, 8, 31, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 109, No. 59 
 
 request for, 8, 31 ; form of, 109, No. 58 
 dividends, form of order for, 107, No. 52 
 
 deposit, placing money which has been carried over on ; request necessary, 
 20, 70 
 
 Chan. Funds Rules, 1872, r. 33, 70 
 documents left on bespeaking, 31, ib. n. («) 
 effected, how, 31 
 infant, to account of, and placing on deposit and payment out to him on 
 
 attaining twenty-one, 27 ; form of order for, 105, No. 48 
 interest, form of order for, 107, No. 52 
 money on deposit, form of order for, 107, No. 52 
 
 share of residue of, form of order for, 105, No. 48 
 order for, necessary, 28, 64 
 
 Chan. Funds Rules, 1872, r. 17, 64 
 
 form of, 107, No. 52 
 request for, 31, 66 
 
 Chan. Funds Rules, 1872, c. 23, 66 
 
 form of, 109, No. 57 
 securities, form of order for, 1 07, No. 52 
 
 share of fund, and placing it on deposit and payment out when claimed, 
 27; form of order for, 105, No. 48, 107, No. 52a 
 
 CERTIFICATE, 
 
 delivery out, of, by Bank or corporation, 35, 68 
 
 deposit in Court, of, by Bank or corporation, 15, 24, 62, 67 
 
 deposit in Court of box containing securities or effects, of, by Ean' 
 
 corporation, 16, 62 
 investment, of, in securities, by Bank or corporation, 24, 67 
 life of payee, of, when fund to be paid to attorney, 33 
 
 form of, 110, No. 63; when payee is abroad, 111, No. 65a 
 lodgment of money in an urgent case, of, 17, 63 
 Paymaster-General's, of fund, 9, ib. n. (d), 69 
 Chan. Funds Rules, 1872, r. 30, 69 
 form of, 84, No. 5 
 request for, 9, ib. n. (d) ; form of, 84, No. 4 
 
 and see Certificate (Paymaster General's) 
 Paymaster's-General's, of bringing fund or securities into Court, 15, 16, 64 
 Chan. Funds Rules, 1872, r. 16, 64 
 filing, and office copy of, 15, 16, 77 
 forms of, 91, Nos. 18, 18a, 92, No. 18b, 93, No. 20 
 and see Certificate (Paymaster-General's) 
 Paymaster-General's, of transaction, 8, 25, 27, 31, 34, 35, 70 
 Chan. Funds Rules, 1872, ,. 31, 70 
 
 forms of, 83, No. 3,102, No. 40, 103, No. 46, 109; No. 59, 113, No. 70, 
 114, Nos. 72, 74 
 and see Certificate (Paymaster-General's) 
 receipt of money or securities, of, by Bank of England, 15, 62 
 sale of securities, of, by Bank or Corporation, 34, 67 
 transfer into Court of securities, of, by Bank or Corporation, 15, 24, 64, 67 
 transfer out of securities, of, by Bank or Corporation, 34, 68 
 
 CERTIFICATE (CHIEF CLERK'S), 
 
 execution of document of, when necessary, 29, 62 
 Chan. Funds Rules, 1872, i. 7, 62. 
 
 CERTIFICATE OF MASTER IN LUNACY, 
 
 mode of framing, Chan. Funds (Lunacy) Ord. 1872, Ord. 5, 82 
 
126 INDEX. 
 
 CERTIFICATE (PAYMASTER-GENERAL'S) 
 carrying over, of, 8, 81, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 109, No. 59 
 
 request for, 8, 31 ; form of, 109, No. 58 
 conversion of securities, of, 8, 26, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 103, No. 46 
 
 request for, 8, 26, 70 ; form of, 103, No. 45 
 delivery out, of, 8, 35, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 114, No. 74 
 
 request for, 8, 35, 70 ; form of, 114, No. 73 
 deposit in Court of box containing securities or effects, of, 16, 64, 77 
 
 Chan. Funds Rules, 1872, r. 16, 64 
 
 filing, and office copy of, 16, 64, 77 
 
 form of, 93, No. 20 
 deposit in Court of securities, of, 15, 64, 77 
 
 Chan. Funds Rules, 1872, r. 16, 64 
 
 filing, and office copy of, 15, 64, 77 
 
 form of, 92, No. 18b 
 fund in Court, of, 9, ib. n. (d), 69 
 
 Chan. Funds Rules, 1872, i. 30; 69 
 
 form of, 84, No. 5 
 
 request for, 9, ib. n. (d), 69; form of, 84, No. 4 
 investment, of, 24, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 102, No. 40 
 
 request for, 24, 70 ; form of, 101, No. 39 
 negative, 9, 18 
 
 form of, 85, No. 8 
 
 request for, 9 ; form of, 85, No. 8 
 payment in, of, 15, 64, 77 
 
 Chan. Funds Rules, 1872, r. 16, 64 
 
 filing, and office copy of, 15, 64, 77 
 
 form of, 91, No. 18 
 
 lodgment of money in urgent case, after, 17; form of, 95, No. 23 
 purchase of securities, of, 8, 24, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 102, No. 40 
 
 request for, 8, 24, 70; form of, 101, No. 39 
 sale of irecurities, of, 8, 34, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 113, No. 70 
 
 request for, 8, 34, 70 ; form of, 113, No. 69 
 transaction, of, 8, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 83, IJp. 3 
 
 request for, 8, 70 ; form of, 83, No. 2 
 transfer into Court, of, 15, 64, 77 
 
 Chan. Funds Rules, 1872, r. 16, 64 
 
 filing, and office copy, 15, 64, 77 
 
 form of, 91, No. 18a 
 transfer out of Court, of, 8, 34, 35, 70 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 114, No. 72 
 
 request for, 8, 35 ; form of, 113, No. 71 
 
 CERTIFICATE FOR SALE, TRANSFER, OR DELIVERY OF SECTJRT 
 TIES (REGISTRAR'S), ' OJL ^ UKi - 
 
 Chan. Funds Ord. 1872, Ord. 6, 79 
 Chan. Funds Rules, 1872, rr. 17, 29, 64, 65, 69 
 
INDEX. 127 
 
 CERTIFICATES FOR SALE, &.O.— continued. 
 
 Court of Chancery (Funds) Act, 1872, s. 10, 43, 44 
 conversion of stock, for, 26; form of, 103, No. 44 
 delivery out of securities, for, 88; form of, 112, No. 68 
 
 personal representatives, to, 86, 37 
 
 necessary evidence, 37, ib. n. (k) 
 documents left on bespeaking, 33 ; ib. n. (y), 36, 87 ; where for conversion 
 
 of stock, 26 
 office copy of order when accepted on bespeaking, 26, n. (a), 33, n. (a;), 69 
 sale of securities, for, 29, 33 
 
 form of, 111, No. 66; when to raise costs, 112, No. 66a 
 
 investment of dividends after, 29 ; form of, 108, No. 54 
 transfer out of securities, for, 29, 33 
 
 form of, 112, No. 67 
 
 investment of dividends in case of, 29 ; form of, 108, No. 53 
 
 personal representatives, to, 36, 37 ; necessary evidence, 37 ib. n. (k) 
 vacation, not issued in, unless by special direction, 2, 7, 26 n. (b), 84, 79 
 
 CHAMBERS (JUDGES'), 
 
 conversion of securities, application for, made at, 27, 79 
 
 Chan. Funds Ord. 1872, Ord. 6, 79 
 
 form of summons, 104, No. 47 
 Copyhold Acts, applications under to be made at, 5, 37, 38, 79 
 
 Chan. Funds Ord. 1872, Ord. 8, 79 
 
 form of summons where money paid in after 6th January, 1873, and 
 placed on deposit, 1 1 5, No. 75 
 
 where money paid in before 7th January, 1873, 117, No. 76 
 deposit, application to place money on, made at, 23, 79 
 
 Chan. Funds Ord. 1872, Ord. 6, 79 
 
 form of summons for, 96, No. 33 
 interest of money on deposit, application to deal with, made at, 23, 79 
 
 Chan. Funds Ord. 1872, Ord. 6, 79 
 
 form of summons for, 98, No. 34 
 investment, application for, made at, 24 
 
 form of summons for, 100, No. 36 
 
 CHANCERY FUNDS LUNACY ORDERS, 1872,xi., 81, 82 
 abrogation of orders in Lunacy, Ord. 8, 81, 82 
 commencement of, Ord, 1, 81 
 construction of existing orders, Ord. 4, 81, 82 
 declaration of trust not required in future, Ord. 6, 82 
 interpretation of terms, Ord. 2, 81 
 mode of framing orders and certificates, Ord. 6, 82 
 
 CHANCERY FUNDS ORDERS, 1872, xi„ 78—80 
 abrogation of Consolidated Orders, Ord. 3, 79 
 
 certificate (Registrar's) restriction on issue of, during vacation, Ord. 5, 79 
 commencement of, Ord. 1, 78 
 
 conversion, application for, may be made at Chambers, Ord. 6, 79 
 Copyhold Act, application under, how to be made, Ord. 8, 79 
 deposit, application to place cash on, may be made at Chambers, Ord. 6, 79 
 dormant accounts, form of petition respecting, Ord. 7, 79 
 effects not to be deposited at Record and Writ Clerk's office, Ord. 9, 89 
 interest of money on deposit, application to deal with may be made at 
 
 Chambers, Ord. 6, 79 
 interpretation of terms, Ord. 2, 78, 79 
 
 jewels not to be deposited at Record and Writ Glerk's Office, Ord. 9, 80 
 negotiable securities not to be deposited at Record and Writ Clerk's Office, 
 
 Ord. 9, 80 
 notice of payment, transfer, or deposit into or in Court on request, Ord. 4, 79 
 plate not to be deposited at Record and Writ Clerk's Office, Ord. 9, 80 
 reference to record to be marked on proceedings, Ord. 10, 80 
 solicitor's fees, Ord. 11, 80 
 
128 INDEX. 
 
 CHANCERY FUNDS RULES, 1872, ix.-xi., 59—79 
 
 abrogation of general orders in Chancery and Lunacy, r. 3, 60 
 
 Accountant-General's unpaid cheques, renewal of, r. 20, 65 
 
 accounts, exact titles of, to be stated, r. 5, 60, 61 
 
 carrying over, request for, r. 23, 66 
 
 certificates of fund in Court, issue and form of, r. 30, 69 
 
 certificates for sale, transfer, and delivery (Registrar's), r. 29, 69 
 
 certificate of payment, deposit, and transfer, r. 16, 64 
 
 cheques for payment out, form and endorsement of, r. 18, 65 
 
 commencement of, and of Act, r. 1, 59 
 
 construction of existing orders, r. 4, 60 
 
 continuation of periodical payments, r. 19, 65 
 
 conversion of Government securities instead of sale, r. 52, 74, 75 
 
 directed, when, i. 28, 68, 69 
 
 value of securities, how to be ascertained, r. S3, 75 
 Copyhold Acts, account to which fund paid in under to be placed, and 
 
 form of request for direction, r. 14, 64 
 delivery out of securities, r. 26, 67, 68 
 deposit in Court, proceedings on, r. 9, 62 
 
 deposit in Court on request, r. 10, 62, 63 ; form of request, r. 11, 63 
 deposit, placing money on, rr. 33 — 48, 70 — 74 
 
 when not placed, r. 34, 70, 71 
 
 amount on which interest computed, r. 42, 72 
 
 Appeal Deposit Account, money paid to credit of, not placed on, r. 36, 71 
 
 discontinuance of placing dividends or interest on, r. 41, 72 
 
 interest of money on, calculation of, where some sums withdrawn, 
 r. 45, 73 
 
 interest of money on, when credited by Commissioners for Reduction 
 of National Debt, r. 51, 74 
 
 interest of money on, when placed on deposit, r. 46, 73 
 
 request for, r. 23, 66 
 
 smallest amount placed on, r. 37, 71 
 
 times at which interest credited, r. 44, 72 
 
 times for which interest computed, r. 43, 73 
 
 time of placing money on, r. 35, 71 
 
 withdrawal from, r. 39, 71, 72 ' 
 
 withdrawal from, time for, r. 48, 74 
 dividends subsequent to order for transfer or delivery out, application of, 
 
 r. 27, 68 
 dormant accounts, list of to be exhibited triennially, r. 54, 75, 76 
 dormant account, when information as to, will be given, r. 54, 76 
 exact amount of funds to be expressed in orders, r. 6, 61 
 execution of document to be certified, r. 18, 62 
 filing of documents, i-. 60, 77 
 
 framing of orders for payment, transfer, or delivery, r. 7, 61, 62 
 funds in Court only to be dealt with in pursuance of an order, i. 17, 64 
 information as to transactions, supply of, r. 82, 70 
 interest, period of computation of, and rate of, to be defined, i, 8, 62 
 interpretation of terms in, r. 2, 59, 60 
 intituling orders, mode of, r. 5, 60 
 investment of dividends, discontinuance of, i. 41, 72 
 investment of money, r. 24, 66, 67 
 
 request for, r. 23, 66 
 
 smallest amount invested except under special order, r. 38 71 
 interest of money on deposit directed to be invested, application of r. 47 
 
 73 
 Lands Clauses Consolidation Act, 1845, account to which fund paid iu 
 
 under to be placed, and form of request for direction, r. 13 63 64 
 -Legacy Duty Act, investment of money paid in under, r. 40 72 
 limitation of length of title of account, r. 59, 77 
 lodging money in urgent cases, r. 12, 63 
 official persons, payment out to, r. 21, 65, 66 
 
INDEX. 129 
 
 CHANCERY FUNDS RULES, 1872— continued. 
 
 partners, payment out to, r. 22, 66 
 
 payment in, proceedings on, r. 9, 62 
 
 payment in on request, r. 10, 62, 63 ; form of request, r. 11, 63 
 
 payment out, request for, r. 28, 66 
 
 personal representatives of dead payee, payment, transfer, or delivery out 
 to, r. 22, 66 
 
 Reduction of National Debt, repayment by Commissioners for, i. 50, 74 
 
 Reduction of National Debt, transfer of surplus caBh to Commissioners 
 for, r. 49, 74 
 
 request to act on directions of order, r. 23, 66 
 
 sale of securities, proceedings on, r. 26, 67 
 
 small balances, transfer of, to Commissioners for Reduction of National 
 Debt, i-. 65, 76 ; excepted accounts, r. 66, 76 
 
 solicitor's name and address to be endorsed on document left at Chan- 
 cery Pay Office, i. 58, 77 
 
 source of uncertain funds to be Btated in orders, r. 6, 61 
 
 statutory declarations receivable as evidence, r. 57, 77 
 
 transfer into Court; proceedings on, r. 15, 62 
 
 transfer into Court on request, r. 10, 62, 63 ; form of request, a. 11, 63 
 
 transfer out of Court of securities, r. 26, 67, 68 
 
 transcript of account, issue of, i. 30, 69 
 
 CHANCERY PAY OFFICE, 
 
 Accountant-General's Clerks transferred to, 7, 51 
 
 Court of Chancery (Funds) Act,. 1872, s. 23, 51 
 attorney, power of, fee for preparing, 8, n. (y) 
 building used for, 7 
 
 certificate of transaction in books of, 8, 25, 27, 31, 34, 35, 70 
 Chan. Funds Rules, 1872, r. 31, 70 
 forms of, 83, No. 3, 102, No. 40, 103, No. 46, 109, No. 59, 113, No. 70, 
 114, Nos. 72, 74 
 and see Certificate (Paymaster-General's) 
 draft order except under very special circumstances not acted on in, 8, n. (z) 
 establishment of, 7, 43 
 
 Court of Chancery (Funds) Act, 1872, s. 8, 43 
 evidence in, how adduced, 29 
 fees collected in, 8, n. (y) 
 hours of business in, 7, n. (I) 
 
 information as to transaction in, when to be supplied, 9, 70 
 Chan. Funds Rules, 1872, r. 32, 70 
 fee for, 8, u. (y) 
 
 request for search for, 9 ; form of, 84, No. 1 
 operations performed in, 7, 8 
 
 mode of procuring performance thereof, 8 
 order directing, how far acted upon, 8, ib. n. (a) 
 order once acted on, must in general be produced for subsequent opera- 
 tions in the office, 8, n. (z) 
 Paymaster-General's Chancery Office so termed, 2,. 7, 60 
 
 Chan. Fund Rules, 1872, r. 2, 60 
 reference to record to be inserted in books of, 4, 60 
 
 Chan. Funds Rules, 1872, r. 5, 60 
 Report office copy of order, when acted on in the office, 8, n. (z) 
 return to, by Bank of England or Corporation, of direction for payment, 
 
 transfer, or deposit into, or in Court, 15, 16, 62, 63 
 return to, by Bank of England or Corporation, of certificate of transfer 
 
 or delivery out, 34, 35, 68 
 small sums, payment of, in, 32, ib. n. (ri), 43 
 * solicitor's name and address to be indorsed on documents left at, 4, 10, 77 
 Chan. Funds Rules, 1872, ,-. 88, 77 
 
 K 
 
130 INDEX. 
 
 CHANCERY PAY OFFICE— umtinued. 
 
 statutory declarations receivable as evidence at, 4, 10, 79 
 
 Chan. Funds Rules, 1872, r. 57, 79 
 transcript of account in books of, 8, n. [y), 9, 69 
 
 Chan. Funds Rules, 1872, i. 80, 69 
 
 fee for, 8, n. (y) 
 
 request for, 9, ib. n. (d) ; form of, 84, No. 6 
 vacations of Court of Chancery not observed in, 2, 7 
 
 CHANCERY PAY OFFICE ACCOUNT, 
 
 balances under £5 to be transferred from, to National Debt Commis- 
 sioners, 10, 76 
 
 Chan. Funds Rules, 1872, r. 55, 76 
 excepted accounts, 10, n. (o), 75 
 
 Chan. Funds Rules, 1872, ,. 56, 76 
 Bank of England, kept at, 2, 9, 40 
 causewise, not to be kept, 9, n. (i) 
 
 Court of Chancery (Funds) Act, 1872, s. 13, 45 
 excess of cash balance on, to be transferred to Commissioners for Reduc- 
 tion of National Debt, 9, 74 
 
 Chan. Funds Rules, 1872, r. 49, 74 
 money payable into Court paid to credit of, 15 
 Paymaster-General's Account for Chancery business thus termed, 2, 9, 60 
 
 Chan. Funds Rules, 1872, r. 2, 60 
 securities deposited to credit of, 15 
 
 transfer to credit of, by Commissioners for Reduction of National Debt, 
 when cash balance thereon too small, 9, 10, 74 
 Chan. Funds Rules, 1872, r. 50, 74 
 transfer to, of money lodged in an urgent case, 17, 63 
 Chan. Funds Rules, 1872, x. 12, 63 
 
 CHANCERY SUSPENSE ACCOUNT, 
 
 money lodged in urgent case to credit of, 17, 63 
 ' Chan. Funds Rules, 1872, r. 12, 63 
 
 form of application to so lodge money, 95, No. 22 
 
 CHARGING ORDER, 
 
 certificate of fund to notice charging order thereon, 9, n. (d), 69 
 Chan. Funds Rules, 1872, t. 30, 69 
 
 CHEQUE (PAYMASTER-GENERAL'S), 
 investment, for, 66, 67 
 
 Chan. Funds Rules, 1872, r. 24, 66, 67 
 payment out, for, 31 — 33, 44, 65 
 
 Chan. Funds Rules, 1872, r. 18, 65 
 creditors to, notice that it is ready, 32 
 documents left on bespeaking, 31, ib. n. (z), 32 
 indorsement of, 32, 44, 65 
 
 Court of Chancery (Funds) Act, 1872, s. 11, 44 
 ready, when, 32 
 
 small sum, for, where cashed, 32, ib. u. («) 
 periodical payments for, 33, n.(g), 65; evidence on which issued, 33 n (a) 65 
 
 Chan. Funds Rules, 1872, r. 19, 65 W 
 
 stamp duty not liable to, 31, n. (g) 
 
 CONSOLIDATED FUND, 
 
 liable for money and securities, in Court of Chancery, 2 41 42 
 Court of Chancery (Funds) Act, 1872, s. 5, 41, 42 ' ' 
 Chan. Funds Rules, 1872, it, 28, 82, 68, 69, 74', 75 
 Court of Chancery (Funds) Act, 1872, s. 16, 46 
 
INDEX. 131 
 
 CONVERSION OF STOCK IN COURT, 
 
 application for, may be made at Chambers, 27, 79 
 
 Chan. Funds Ord. 1872, Ord. 6, 79 
 cash arising from, when placed on deposit without request, 20, 73 
 
 Chan. Funds Rules, 1872, r. 52, 73 
 certificate (Paymaster-General's), of, 27, 70 
 Chan. Funds Rules, 1872, r. 81, 70 
 form of, 103, No. 46 
 
 request for, 27, 70 ; form of, 103, No. 45 
 ■certificate (Registrar's), for, 26 
 
 documents on which issued, 26 
 form of, 103, No. 44 
 
 and see Certificate fob Sale, Transfer, or Delivery of 
 Securities (Registrar's) 
 directed, when, 26, 68, 69 
 
 Chan. Funds Rules, 1872, r. 28, 68, 69 
 dividends oh securities directed to be converted, how applied, 27, 68 
 
 Chan. Funds Rules, 1872, r. 27, 68 
 effected, how, 26, 27 
 
 order for, and application of proceeds, form of, 104, Nos. 47b, 48 
 order for, and to place proceeds on deposit, and apply the same, forms of, 
 
 104, Nos. 47a, 48 
 proceeds of, request when necessary to place proceeds on deposit, 20, 70 
 Chan. Funds Rules, 1872, r. 33, 70 
 when not necessary, 20, 74, 75 
 
 Chan. Funds Rules, 1872, r . 52, 74, 75 
 summons for, form of, 104, No. 47 
 
 COPYHOLD ACTS, 
 
 account to which fund paid in under, to be placed, 2, 16, 64 
 
 Chan. Funds Rules, 1872, r. 14, 64 
 applications under, to be made at chambers; 5, 37, 79 
 
 Chan. Funds Ord. 1872, Ord. 8, 79 
 deposit-money paid in under Acts, when not placed dn deposit, 19, 70 
 
 Chan. Funds Rules, 1872, r. 83, 70 
 direction for payment in under, 13, 64 
 
 Chan. Funds Rules, 1872, r. 14, 64 
 
 documents left on bespeaking, 13 
 
 request for, 13, 64 ; form of, 89, No. 16 
 summons under, form of, where money paid after 6th January, 1 873, and 
 placed on deposit, 115, No. 75 ; where money paid in before 7 th January, 
 
 1873, 117, No. 76 
 service of summons under Act, 37, 79 
 
 Chan. Funds Ord. 1872, Ord. 8, 79 
 
 COPYHOLD COMMISSIONERS, 
 
 service on, of application under Copyhold Acts, unnecessary unless 
 specially directed, 38, 79 
 
 Chan. Funds Ord. 1872, Ord. 8, 79 
 COSTS, 
 
 sale of securities to raise, Registrar's certificate for, form of, 112, No. 66a 
 taxation and payment of, form of order for, 101, No. 48 
 
 COURT OF CHANCERY (FUNDS) ACT, 1872 (35 & 36 Vic. c. 44), vii., 
 viii., 39—58 
 
 abolition of office of Accountant-General, and substitution of Paymaster- 
 General, who may act by deputy, s. 4, 41 
 
 Accountant-General, construction of Acts, &c, relating to, S. 6, 42, 43 
 
 accounts and audit, s. 20, 49, 50 
 
 buildings vested in Accountant-General, to vest in Commissioners of 
 "Works and Public Buildings, s. 21, 50,51 
 
 Chancery Pay Office, establishment of, s. 8, 43 
 
 k 2 
 
132 INDEX. 
 
 COURT OP CHANCERY (FUNDS) ACT, 1872— continued. 
 
 cheques of Paymaster-General, application of 16 & 17 Vic. c. 58, s. 11 to, 44 
 
 clerks and officers of Accountant-General transferred to Paymaster- 
 General, s. 23, 51 
 
 commencement of, s. 2, 40 
 
 and see Cbancbry Funds Rules, 1872, r. 1, 59 
 
 Consolidated Fund rendered liable for funds in Court, a. 5, 41, 42 
 
 conversion of securities, s. 16, 46 
 
 deposit account, establishment of, and rate of interest, s. 14, 45 
 
 forgery of signature of Paymaster-General or his deputy, s. 12, 44, 45 
 
 definitions in, s. 3, 40, 41 
 
 deposit in Court under, of securities, 12 — 15; of securities deposited 
 under former practice, 16 
 
 dividends, receipt of, a. 10, 44 
 
 general orders, power to make, and as to what matters, o. 19, 49 
 
 indemnity to Bank of England, s. 13, 45 
 
 interpretation clause, s. 3, 40, 41 
 
 investment made under special orders, saving as to, s. 15, 45, 46 
 
 Order of Court of Chancery, framing of, a. 7, 43 
 
 Parliament, rules and orders to be laid before, s. 19, 49 
 
 pension to Accountant-General, s. 22, 51 
 
 Reduction of the National Debt Commissioners, application of money in 
 the hands of, B. 17, 66, 67 
 
 repeal of Acts, s. 26, 53, 54 
 
 rules, power to make, and as to what matters, a. 18, 47, 48 
 
 schedules to Act, 55 — 58 
 
 securities, transfer, and delivery of, s. 10, 43, 44 
 
 short title, s. 1, 39 
 
 slave compensation moneys, transfer of, s. 25, 52, 53 
 
 small sums, payment of, s. 8, 43 * 
 
 transfer of securities to Paymaster-General, and alteration of accounts at 
 Bank of England, s. 24, 51, 52 
 
 ' vesting of property in Paymaster-General for time being, s. 9, 43 
 
 CREDITORS, 
 
 notice to, that their checks may be received, form of, 109, No. 61 
 
 DEATH, 
 
 person to whom money is to be paid, or securities transferred or delivered 
 of, payment, transfer, or delivery to his personal representative, 35, 66 
 Chan. Funds Rules, 1872, r. 22, 66 
 
 DECLARAT TO STATUTORY DECLARATION, 
 form of, 86, No. 10a 
 
 DECLARATION (STATUTORY), 
 declarat to, form of, 86, No. 10a 
 evidence, receivable as, in Chancery Pay Office, 4, 9, 29, 77 
 
 Chan. Funds Rules, 1872, r. 67, 77 
 filing of, 10, 77 
 
 Chan. Funds Rules, 1872, r. 57, 77 
 forms of, 85, No. 10, 111, No. 65 
 life of payee, of, form of, 111, No. 65 
 
 DELIVERY OUT OF COURT OF SECURITIES AND EFFECTS 
 certificate of Paymaster-General of, 8, 35, 70 ' 
 
 Chan. Funds Rules, 1872, r. 31, 70 
 
 form of, 114, No. 74 
 
 request for, 8, 35; form of, 114, No. 73 
 certificate for (Registrar's), 33, 35, 43, 44, 69, 79 
 
 Chan. Funds Ord., 1872, Ord. 5, 79 
 
 Chan. Funds Rules, 1872, r. 29, 69 
 
INDEX. 133 
 
 DELIVERY OUT OF COURT, &c— continued. 
 certificate for (Registrar's) — continued. 
 
 Court of Chancery (Funds) Act, 1872, s. 10, 43, 44 
 
 documents left on bespeaking, 33, ib. n. (y) 
 
 forms of, 112, No. 68, 113, No. 68a 
 
 investment of dividends, after, 29 
 
 receipt for, 35 
 
 vacation, not issued in, without special direction, 2, 26 n. (5), 34, 79 
 direction for, 34, 35, 67, 68 , 
 
 Chan. Funds Rules, 1872, r. 26, 67, 68 
 
 documents left on bespeaking, 34, ib. n. (e) 
 ( return of, to Chancery Pay Office, by Bank of England, 35, 68 
 dividends subsequent to order for, delivery out, application of, 29, 88 
 
 Chan. Funds Rules, 1872, ,-. 27, 68 
 effects of, 33, 35 
 
 Registrar's certificate for, 33 ; form of, 113, No. 68a 
 mode of effecting, 35, 67, 68 
 
 Chan. Funds Rules, 1872, r. 26, 67, 68 
 order for, necessary, -28, 43, 44, 64 
 
 Chan. Funds Rules, 1872, r. 17, 64 
 
 Court of Chancery (Funds) Act, 1872, b. 10, 43, 44 
 order for, form of, 107, No. 51 
 personal representatives on death of person entitled, to, 35, 66 
 
 Chan. Funds Rules, 1872, r. 22, 66 
 personal representatives who are not named, or to survivor of, 36, 37 
 
 Registrar's certificate for, 36, 37 ; necessary evidence, 37, ib. n. (k) 
 
 time within which representatives must be constituted, 37 
 
 DEPOSIT, 
 
 advantages of placing money on, 23 
 
 Appeal Deposit Account, money paid into not placed on deposit, 19 
 application to place money on, made by summons, 23, 79 
 Chan. Funds Ord. 1872, Ord. 6, 79 
 form of summons, 98, No. 33 
 carrying over, placing money on deposit after, 20, 70 
 order, form of, 107, No. 52 
 request necessary, 20, 70 
 
 Chan. Funds Rules, 1872, v. 33, 70 
 carrying over money on deposit, form of order for, 107, No. 52 
 conversion of securities, placing proceeds of, on deposit, order for, 3, 20, 
 
 26, 70 ; forms of orders, 104, Nos. 47a, 48 
 Copyhold Acts, money paid in under, when not placed on deposit, 19, 70 
 
 Chan. Funds Rules, 1872, r. 38, 70 
 dividends when placed on deposit, 20, 25, 70 
 Chan. Funds Rules, 1872, ,. 83, 70 
 discontinuance of, 22, 72 
 
 Chan. Fund Rules, 1872, r. 41, 72 
 
 request for necessary, 22 ; forms of, 97, No. 31, 102, No. 43 
 invested, though dividends ordered to be, 25, 71 
 
 Chan. Funds Rules, 1872, ,■. 38, 71 ' 
 invested, when dividends not ordered to be, 25 
 
 request for necessary, 25 ; form of, 102, No. 42 
 request for necessary, 20, 25, 70 
 interest of money on deposit, 3, 22, 23, 45, 72, 73, 74, 79, 98 
 accumulation of, 3, 23, 73 
 
 Chan. Funds Rules, 1872, r. 46, 73 
 amounts on which computed, 22, 73 
 
 Chan. Funds Rules, 1872, r. 42, 73 
 application to deal made by summons, 23, 79 
 
 Chan. Funds Ord. 1872, r. 6, 79 
 form of, 98, No. 34 
 
134 INDEX. 
 
 DEPOSIT— continued. 
 
 interest of money on deposit — continued. 
 
 computation and crediting of, to cause or matter, 3, 22, 73 
 
 Chan. Funds Rules, 1872, r. 44, 73 
 computation of, in case of withdrawal from fund made up of diflerent 
 sums, 22, 73 
 
 Chan. Funds Eules, 1872, r. 45, 73. 
 crediting of, by Commissioners for Reduction of National Debt, 22, n. 
 («), 74 
 Chan. Funds Rules, 1872, r. 51, 74 
 periods for which computed, 22, 72 
 
 Chan. Funds Rules, 1872, r. 43, 72 
 rate of, 3, 22, 45 
 
 Court of Chancery (Funds) Act, 1872, s. 14, 45 
 times at which credited, 22, 72 
 
 Chan. Funds Rules, 1872, r. 44, 72 
 interest of money placed on deposit, though directed to be invested, appli- 
 cation of, 25, 73, 74 
 
 Chan. Funds Rules, 1872, c. 47, 73, 74 
 interest of money on deposit, when placed on deposit, 22, 23, 73 
 Chan. Funds Rules, 1872, r. 46, 73. 
 discontinuance of, 22, 72 
 
 Chan. Funds Rules, 1872, r. 41, 72 
 request for, 22 ; form of, 98, No. 31a 
 investment of money on deposit, form of order for, 100, No. 37 
 Lands Clauses Consolidation Act, 1845, money paid in under, when not 
 placed on deposit, 19,- 70 
 Chan. Funds Rules, 1872, r. 38, 70 
 Legacy Duty Act, money paid in under, when placed on deposit, 21, 22, 72 
 Chan. Funds Rules, 1872, r. 40, 72 
 
 withdrawal of, from deposit, on request, 22 ; form of request, 97, No. 30 
 money when placed on deposit, 19—23, 25, 45, 46, 70—74, 75 
 Chan. Funds Rules, 1872, rr. 33—48, 52, 70-74, 75 
 Court of Chancery (Funds) Act, 1872, ss. 14, 15, 45, 46 
 money when not placed on deposit, 19, 70, 71 
 
 Chan. Funds Rules, 1872, rr. 34, 36, 70, 71 
 order, money how placed on deposit, in pursuance of an order, 21, 66 
 
 request required, 21, 66 ; form of request, 96, No. 27 
 order, money paid in under, when not placed on deposit, 19, 70, 71 
 Chan. Funds Rules, 1872, r. 33, 70, 71 
 request for, 96, No. 24 
 Parliamentary Deposits Act, money paid in not placed on deposit, 19 
 payment off of securities, placing proceeds of on deposit, 20, 70 
 Chan. Funds Rules, 1872, r. 33, 70 
 request for necessary, 20, 70 
 payment out of money on deposit, form of order for, 106, No. 49a 
 payment out of share of money on deposit, order for form of, 105, No. 48 
 payment out of share of money to be placed on deposit, to infant on 
 obtaining twenty-one, 27 
 form of order for, 105, No. 48 
 payment out of share of money to be placed on deposit, to absent person 
 on his claiming the amount, 27 
 forms of order for, 105, No. 48, 108, No. 52a 
 request, when necessary, 20, 70 
 
 Chan. Funds Rules, 1872, r. 33, 70 
 request when not necessary, 20, 75 
 
 Chan. Funds Rules, 1872, r. 52, 75 
 request to place money on deposit, 20, 21, 25, 66, 70, 71 
 when necessary, 20, 21, 25, 66, 70, 71 
 
 Chan. Funds Rules, 1872, rr. 23, 33, 38, 66, 70, 71 
 carrying over, after, 20, 70 
 conversion of securities, proceeds of, 20, 70 
 
INDEX. 135 
 
 DEPOSIT— continued. 
 
 request to place money on deposit — continued. 
 dividends, 20, 25, 71 
 
 dividends ordered to be invested, 25, 71 ; form of, 102, No. 42 
 forms of, 96, Nos. 25, 26 
 
 order in pursuance of, 21, 66; form of, 96, No. 27 
 payment off of securities, proceeds of, 20, 70 
 sale of securities, proceeds of, 20, 70 
 
 Trustee Relief Act, funds paid in under, 19, 20, 21; form of request, 
 86, No. 28 
 request not to place money on, 1 9, 70 
 Chan. Funds Rules, 1872, r. 34, 70 
 form of, 96, No. 24 
 
 withdrawal of, 20, 70 ; form of, 96, No. 26 
 sale of securities, placing proceeds on, 20, 70 
 Chan. Funds Rules, 1872, r. 33, 70 
 request necessary, 20, 70 
 smallest sum placed on, 20, 71 
 
 Chan. Funds Rules, 1878, t. 37, 71 
 time for placing money on, 21, 71 
 
 Chan. Funds Rules, 1872, r. 35, 71 
 Trustee Relief Act, money paid in under Act when placed on deposit, 19, 
 20, 21 
 request necessary, 19, 20, 21 ; form of request, 86, No. 28 
 withdrawal from, of money placed on, 22, 23, 25, 71, 72 
 Chan. Funds Rules, 1872, r. 39, 71, 72 
 dividends of, for purpose of investment, 25, 71 
 Chan. Funds Rules, 1872, r. 88, 25, 71 
 request for, 25, 71 
 form of request for, 102, No. 41 
 Legacy Duty Act, of money paid in under, 22, 72 
 Chan. Funds Rules, 1872, r. 48, 72 
 request for, 22; form of request, 97, No. 30 
 order, in order to act on, 23, 71, 72 
 
 Chan. Fund Rules, 1872, r. 39, 71, 72 
 request for, 23, 72 ; form of request for, 98, No. 32 
 time for, 23, 74 
 
 Chan. Funds Rules, 1872, i. 48, 74 
 
 DEPOSIT IN COURT OF SECURITIES AND EFFECTS, 
 box containing securities or effects, of, 15, 16 
 certificate of (Paymaster-General's), 15, 16, 64, 77 
 
 Chan. Funds Rules, 1872, r. 16j 64 
 
 filing, and office copy of, 15, 16, 64, 77 
 
 form of, 92, No. 18b ; of box containing effects, 93, No. 20 
 Court of Chancery (Funds) Act, 1872, under, of securities deposited under, 
 former practice, 16 
 
 form of summons for, 93, No. 21 
 direction for, 12—14, 16, 62, 63, 
 
 Chan. Fund Rules, 1872, r. 9, 10, 62, 63 
 
 documents left on bespeaking, 12 — 14 ; return thereof, 14 
 
 ready, when, 14 
 
 request when made on, 16, 62, 63 ; request for, 16, 63; form of, 90, 
 No. 17b 
 
 return of, by Bank to Chancery Pay Office, 15, 16, 62 
 effected, how, 14—16, 62 
 
 Chan. Funds Rules, 1872, r. 9, 62 
 effects, of, 5, 16, 17, 18, 80 
 
 Record and Writ Clerk's Office, not to be at, 5, 17, 18, 80 
 Chan. Funds Ord., 1872, ord. 9, 80 
 enforcing order for, 18 
 
136 INDEX. 
 
 DEPOSIT IN COURT, &c— continued. 
 
 Exchequer Bills, of, form of order for, 87, No. 13 
 jewels, of, 5, 16, 17, 18, 80 
 
 not to be at Record and Writ Clerks' Office, 5, 17, 18, 80 
 Chan. Funds Ord., 1872, Ord. 9, 80 
 mode of making under the Court of Chancery (Funds) Act 1872, 15; in 
 
 other cases, 16 
 mortgage securities of, 18, n. (n) 
 ■negotiable securities, of, 5, 16, 17, 18, 80 
 
 not to be at Record and Writ Clerks' Office, 5, 17, 18 
 Chan. Funds Ord. 1872, Ord. 9, 80 
 order for form of, 87, No. 13 
 
 form of, when the securities have to be placed in a box, 87, No. 13a 
 plate, of, 5, 16, 17, 18, 80 
 
 Record and Writ ClerkB' Office, not to be at, S, 17, 18, 80 
 Chan. Funds Ord. 1872, Ord. 9, 80 
 privity of Paymaster-General, must be with, 12, 62 
 
 Chan. Funds Rules, 1872, r. 9, 62 
 receipt of Bank of England, on making deposit, IS, 62 
 request on, without order, 2, 12, 14, 15, 62, 63, 79 
 Chan. Funds Rules, 1872, rr. 10, 11, 62, 63 
 documents left on bespeaking direction for, 14 
 notice of, 15, 79 
 
 Chan. Funds Ord. 1872, Ord. 4, 79 
 form of, 92, No. 19 
 request for, direction for, 12, 14, 62 
 filing of, 14, n. (a), 62 
 form of, 90, No. 17b 
 
 reference to record must be marked with, 14, 63 
 securities of, 12 — 14, 16 
 
 securities, capable of being deposited like Exchequer Bills, of, 14, n. (e) 
 summons to deposit in Court securities and effects, form of, see Addenda 
 summons to deposit under the Court of Chancery (Funds) Act, 1872, 
 
 securities previously deposited, form of, 93, No. 21 
 Trustee Relief Act, under, documents left on bespeaking direction for, 13 
 
 DIRECTION (PAYMASTER-GENERAL'S), 
 delivery out, for, 34, 35, 67, 68 
 
 Chan. Funds Rules, 1872, r. 26, 67, 68 
 
 documents left on bespeaking, 34, ib. n. (e) 
 
 return of, to Chancery Pay Office by Bank of England, 35, 68 
 deposit in Court, for, 12, 14, 16, 62, 63 
 
 Chan. Funds Rules, 1872, rr. 9, 10, 62, 63 
 
 documents left on bespeaking, 12 — 14 ; return of, 14 
 
 effects, of, 16 
 
 jewels, of, 16 
 
 plate, of, 16 
 
 order, under, 12 
 
 documents left on bespeaking, 12, 13, n. (h) 
 
 ready, when, 14 
 
 request, on, 16, 62, 63 
 
 documents left on bespeaking, 14 
 
 request for, 16, 62, 63 ; form of, 90, No. 17b 
 
 return of, by Bank of England to Chancery Pay Office, 15, 16, 62 
 
 Trustee.Rehef Act, where deposit made under, 13 
 payment into Court, for, 12 — 14, 16, 17, 62, 63 
 
 Chan. Funds Rules, 1872, rr. 9, 10, 62, 63 
 
 documents left on, bespeaking, 12 — 14; return of, 14 
 
 Copyhold Acts, under, 13, 64 
 
 documents left on bespeaking, 13 
 request for, 13, 64 ; form of, 89, No. 16 
 
INDEX. 137 
 
 DIRECTION (PAYMASTER-GENERAL'S)— continued. 
 payment into Court, for — continued. 
 
 Lands Clauses Consolidation Act, 1845, under, 13, 61 
 
 documents left on bespeaking for, 13 
 
 request for, 13, 64 ; form of, 88, No. 14 
 Legacy Duty Act, under, 13 
 
 documents left on bespeaking for, 13 
 
 request for, 13 ; form of, 88, No. 15 
 Life Assurance Acts, 1870-72, under, documents left on bespeaking, 14 
 lodgment of money in an urgent case, after, 17 
 order under, 12, 13 ; documents left on bespeaking, 12, 13, n. (A) 
 Parliamentary Deposits Act under, documents left on bespeaking, 13 
 ready, when, 14 
 request on, 2, 14, 62, 63; documents left on bespeaking, 14 
 
 request for, 14, 62, 63 ; form of, 89, No. 17 
 return of, to Chancery Pay Office, by Bank of England, 15, 62 
 Tramways Act, 1870, under, documents left on bespeaking, 13 
 Trustee Relief Act, under, documents, left on bespeaking, 13 
 sale of securities for, 34, 67, 68 
 
 Chan. Funds Rules, 1872, r. 26, 67, 68 
 documents left on bespeaking, 34, ib. n. (e) 
 return of, to Chancery Pay Office by Bank of England, 34, 68 
 transfer into Court, for, 12—14, 16, 62, 63 
 
 Chan. Funds Rules, 1872, rr. 9, 10, 62, 63 
 
 documents left on bespeaking, 12 — 14 ; return of, 14 
 
 order under, 12; documents left on bespeaking, 12, 13, n. (A) 
 
 ready, when, 14 
 
 request on, 16, 62, 63 ; documents left on bespeaking, 14 
 
 request for, 16, 62, 63 ; form of, 90, No. 17a 
 return of, by Bank of England to Chancery Pay Office, 15 
 Trustee Relief Act, where transfer in, under, 13 
 transfer out, for, 34, 67, 68 
 
 Chan. Fund Rules, 1872, r. 26, 67, 68 
 
 documents left on bespeaking, 34, ib. n. (e) 
 
 return of, to Chancery Pay Office by Bank of England, 34, 
 
 DIVIDENDS ON SECURITIES IN COURT, 
 carrying oyer, form of order for, 107, No. 52 
 deposit, when placed on, 20, 22, 25, 71, 72 
 Chan. Funds Rules, 1872, r. 83, 70 
 discontinuance of, 22, 72 
 
 Chan. Funds Rules, 1872, r. 41, 71 
 request for, 22 ; forms of, 97, No. 81, 102, No. 43 
 invested, though ordered to be, 22, 71 
 Chan. Fund Rules, 1872, r. 88, 71 
 invested when not ordered to be, 25 
 
 request necessary, 25 ; form of request for, 102, No. 42 
 deposit, placing on, request necessary, 20, 25 
 Chan. Funds Rules, 1872, r. 83, 70 
 withdrawal of, for purpose of investment, 25 
 form of request for, 102, No. 41 
 investment of, 25, 71, 72 
 
 Chan. Funds Rules, 1872, r. 88, 71 
 continuance of, 25 
 discontinuance of, 25, 26 
 
 Chan. Funds Rules, 1872, r. 41, 72 
 request for, 26 ; form of, 102, No. 43 
 payment out of, form of order for, 106, No. 50a 
 
 securities in Court, on, received by Bank of England, 3, 17, 
 Court of Chancery (Funds) Act, 1872, s. 10, 44 
 
138 INDEX. 
 
 DIVIDENDS ON SECURITIES IN COURT— continued. 
 
 securities ordered to be converted, on, application of, 27, 68 
 
 Chan. Funds Rules, 1872, r. 27, 68 
 subsequent to order for sale, transfer, or delivery out, application of, 
 29,68 
 Chan. Fund Rules, 1872, r. 27, 68 
 Registrar's certificate for sale of securities bought with, form of, 
 
 108, No. 54 
 Registrar's certificate for transfer of securities bought with, form of, 
 108, No. 53 
 
 DORMANT ACCOUNT, 
 
 certificate of fund to notice insertion of account in list of, 9, n. (<2), 69 
 
 Chan. Funds Rules, 1872, r. 30, 69 
 information as to, only given on written request of solicitor, 10, 75 
 
 Chan. Funds Rules, 1872, r. 54, 75 
 list to be exhibited triennially, 4, 10, 75, 76 
 
 Chan. Funds Rules, 1872, r. 54, 75, 76 
 petition as to, form of, 10, n. (m), 38, 79 
 
 Chan. Funds Ord., 1872, Ord. 7, 79. 
 
 EAST INDIA STOCK, 
 investing in, 19 
 
 ECCLESIASTICAL COMMISSIONERS FOR ENGLAND, 
 payment out to, how effected, 31, 65, 66 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 
 EFFECTS, 
 
 delivery out of Court of, 33, 35 
 
 Registrar's certificate for, 33; form of, 113, No. 68a 
 
 and see Delivery out of Court op Securities and Effects. 
 deposit of, in Court, 16 
 
 Record and Writ Clerks' Office, not to be at, 5, 17, 18, 80 
 Chan. Funds Ord., 1872, Ord. 9, 80 
 
 and see Deposit in Court of Securities and Effects. 
 
 EVIDENCE, 
 
 attorney, on payment out of Court to, 33 
 Chancery Pay Office in, how adduced, 29 
 conditional payments, on which cheque for, issued, 33 
 delivery out to personal representatives of person entitled, on, 36 
 delivery out to personal representatives not named, or to survivors of per- 
 sonal representatives for, 37, ib. n. (k) 
 payment to survivor of persons named in Chief Clerk's certificate, for, 36 
 payment out to personal representatives on death of payee, for, 36 
 payment out to survivor of personal representatives, for, 36 
 statutory declaration receivable as in Chancery Pay Office, 4, 10, 29, 77 
 
 Chan. Funds Rules, 1872, r. 57, 77 
 transfer out to personal representatives of transferee, for, 36 
 transfer out to personal representatives not named, or to survivors of per- 
 sonal representatives, for, 37, ib. n. (ft) 
 
 EXCHEQUER BILLS, 
 
 delivery out of Court of, form of order for, 107, No. 51 
 deposit of, in Court, form of order for, 87, No. 13 
 investment in, form of order for, 101, No. 37a 
 
 EXECUTION, 
 
 document, of, to be certified by Chief Clerk, 29, 62 
 Chan. Funds Rules, 1878, r. 7, 62 
 
INDEX. 139 
 
 FEES, 
 
 Chancery Pay Office, collected in, 8, n. (y) 
 office copies made in Report Office for, 11, n. («) 
 solicitors of, 11, 80 
 
 Chan. Funds Ord. 1872, Ord. 11, 80 
 
 FILING, 
 
 Chancery Funds Rules, 1872, documents under, 11, 77 
 
 Chan. Funds Rules, 1872, r. 60, 77 
 Paymaster-General's certificate of payment, transfer, or deposit in Court 
 15, 16, 64, 77 
 
 Chan. Funds Rules, 1872, rr. 16, 60, 64, 77 
 request where fund brought into Court without order, 14, n. (a), 62 
 
 Chan. Funds Rules, 1872, r. 10, 62 
 statutory declaration, in Report Office, 10, 77 
 
 Chan. Funds Rules, 1872, r. 57, 7Y 
 
 FORMS : See Appendix V. pp. 83 — 117, and list of, ante, pp. xiL— xiv. 
 
 INFANT, 
 
 carrying over fund to account of, and placing same on deposit, and pay- 
 ment out thereof on attaining twenty-one, 27 ; fornvof order for, 105, 
 No. 48. 
 payment to, on attaining twenty-one, 27 
 form of order for, 105, No. 48 
 
 INJUNCTION, 
 
 lodgment of money, after, 17 
 
 form of order for, 95, No. 22a * 
 
 INTEREST, 
 
 carrying over, form of order for, 107, No. 52 
 carrying over share of, form of order for, 105, No. 48 
 deposit, of money placed on, », 22, 23, 45, 72, 73, 74, 79 
 accumulation of 3, 22, 23, 73 
 
 Chan. Funds Rules, 1872, r. 46, 73 
 
 discontinuance of, 22 ; request for, 22 ; form of request, 98,No. 
 31a 
 amounts on which computed, 22, 72 
 
 Chan. Funds Rules, 1872, r. 42, 72 
 application of, 23, 73, 74 
 
 Chan. Funds Rules, 1872, r. 47, 73, 74 
 computation of, 3, 22, 73 
 
 Chan. Funds Rules, 1872, r. 43, 73 
 computation of, where some sums withdrawn, 22, 73 
 
 Chan. Funds Rules, 1872, r. 45, 73 
 crediting of, by Commissioners for Reduction of National Debt, 22, 
 n. (»), 74 
 Chan. Funds Rules, 1872, No. 51, 74 
 dealing with, application for, made by summons, 23, 79 
 Chan. Funds Ord., 1872, Ord. 6, 79 
 form of summons for, 98, No. 34 
 rate of, 3, 22, 45 
 
 Court of Chancery (Funds) Act, 1872, b. 14, 45 
 times at which credited, 22, 72 
 
 Chan. Funds Rules, 1872, r. 44, 72 
 deposit, placing interest on, 3, 22, 23, 72, 73 
 Chan. Funds Rules, 1872, r. 46, 76 
 discontinuance of, 22 
 
 Chan. Funds Rules, 1872, r. 41, 72 
 request for, 22 ; form of, 98, No 31a 
 
140 INDEX. 
 
 INTEREST— continued. 
 
 investment of, discontinuance of, 25, 26 
 Chan. Funds Rules, 1872, r. 41, 72 
 request for, 25, 72 ; form of, 102, No. 43 
 money directed to be invested but placed on deposit, on, application of, 23 
 73,74 
 
 Chan. Funds Rules, 1872, r. 47, 73, 74 
 period of computation of, and rate of, to be defined in orders, Chan. 
 
 Funds Rules, 1872, r. 8, 62 
 subsequent, verification by affidavit of amount of, no longer permitted 
 28 n. (c), 61 n. (m) 
 
 INTERPRETATION CLAUSE, 
 
 Chancery Funds Lunacy Orders, 1872, of, Ord. 2, 81 
 Chancery Funds Orders, of, Ord. 2, 78, 79 
 Chancery Funds Rules, 1872, of, r. 2, 59, 60 
 Court of Chancery (Funds) Act, 1872, of, s. 3, 40, 41 
 
 INVESTMENT OF FUND IN COURT, 
 application for order for, how made, 24 
 Bank Stock in, 19 
 
 certificate of, by Bank or corporation, 24, 67 
 certificate of £P aymaster-Qeneral's), 24, 70 
 
 Chan. Funds Rules, 1872, i. 31, 70 
 
 form of, 102, No. 40 
 
 request for, 24, 70 ; form of, 101, No. 39 
 dividends, of, 25, 26, 71, 72 
 
 Chan. Funds Rules, 1872, r. 38, 71 
 
 discontinuance of, 25, 26, 72 
 
 Chan. Funds Rules, 1872, r. 41, 72 
 
 request for, 25 ; form of request, 102, No. 43 
 
 request for, 25 
 East India Stock, in, 19 
 
 Exchequer Bills, in, form of order for, 101, No. 37a 
 Government securities, in, 19 
 Legacy Duty Act, of money paid in under, 21, 22, 72 
 
 Chan. Funds Rules, 1872, r. 40, 72 
 
 deposit where money has been placed on, 21 
 request for, 22 
 
 order not necessary, 23 
 
 request for, 21 ; form of, 97, No. 29 
 mode of procuring, 24, 25, 66, 67 
 
 Chan. Funds Rules, 1872, c. 24, 66, 67 
 mortgage securities, in, 19 
 notice of motion for, 24 ; form of, 94, No. 35 
 order for, usually necessary, 23, 24, 64 
 
 Chan. Funds Rules, 1872, r. 17, 64 
 
 how obtained, 24 
 order for, of cash or money on deposit, form of, 100, No. 37 
 request for, 24, 66 
 
 Chan. Funds RuleB, 1872, r. 23, 66 
 
 forms of, 97, No. 29, 101, No. 38 
 and see Request. 
 smallest sum invested, except under special order, 25, 71 
 
 Chan. Funds Rules, 1872, r. 38, 71 
 summons for, form of, 100, No. 36. 
 Trustee Relief Act, of funds brought in under, 21, 23 
 
 order for, not necessary, 23 
 
 request not necessary, 21 
 
INDEX. 141 
 
 JEWELS, 
 
 deposit of, in Court, 16 
 
 Record and Writ Clerks' Office, not to be at, 5, 17, 18 
 Chan. Funds Ord., 1872, Ord. 9, 80 
 
 LANDS CLAUSES CONSOLIDATION ACT, 1845 
 
 account to which payment in under, to be made, 2, 16, 63 
 
 Chan. Funds RuleB, 1872, .. 12, 63 
 deposit, money when paid in under, when not placed on deposit, 19, 70 
 
 Chan. Funds Rules, 1872, r. 38, 70 
 payment into Court under. 2, 13, 16, 64 
 
 Chan. Funds Rules, 1872, r. 14, 64 
 
 documents left on bespeaking direction for payment into Court 
 under, 13 
 request for direction for payment in under, 13, 63, 64 
 
 Chan. Funds Rules, 1872, j.-. 13, 63, 64 
 
 form of, 88, No. 14 
 
 LEGACY DUTY, 
 
 assessment of, on estimated fund, 30, ib. n. (o) 
 
 commutation of, when advisable, 30 
 
 payment of, provision to be made for, 29, 30 
 
 order for payment of, form of, where amount inserted in order, 105, No. 
 
 48, 108, No. 55 
 order for payment of, where amount to be assessed, form of, 108, No. 56 
 payment of, how effected, 30, 31 
 
 LEGACY DUTY ACT, 
 
 deposit, money paid in under Act when placed on, 21, 22, 72 
 Chan. Funds Rules, 1872, r. 40, 72 
 withdrawal from, 22 
 
 request for, 22; form of, 97, No. 30 
 investment of money paid in, under, 21, 22, 23, 72 
 Chan. Funds Rules, 1872, r. 40, 72 
 deposit, where money has been placed on, 21, 22 
 
 request for, 22 ; form of, 97, No. 30 
 order not necessary, 23 
 
 request for, necessary, 21 ; form of, 97, No. 29 
 payment into Court under, 13, 64 
 
 documents left on bespeaking direction for, 13 
 form of request for, direction for, 89, No. 15 
 
 LIFE ASSURANCE ACTS, 1870—72 (33 & 34 Vic. c. 61 ; 34 & 35 Vic. c. 
 58 ; 35 & 36 Vic. c. 41) 
 payment into Court under, documents left on bespeaking, direction for, 14 
 
 LODGING MONEY IN COURT IN URGENT CASES, 2, 16, 17, 63 
 
 Chan. Funds Rules, 1872, r. 12, 63 
 application for, 17, 63 ; form of, 95, No. 92 
 
 injunction after, 17 ; form of order for, 95, No. 22a 
 certificate of payment of money into Court previously lodged, 17, 63 
 
 form of, 95, No. 23 
 utility of, 17 
 
 MORTGAGE, 
 
 deposit of, in Court, 18, n. (») 
 investing on, 19 
 
 MOTION, 
 
 investment, order for, obtained on, 24 
 form of notice of motion, 99, No. 35 
 service of notice of motion, 24 
 
142 INDEX. 
 
 NEGOTIABLE SECURITIES, 
 
 not to be deposited at Record and Writ Clerks' Office, 5, 18, 80 
 Chan. Funds Ord, 1872, Ord. 9, 80 
 
 NOTICE, 
 
 creditors, to, that their cheques may be received, 32 
 
 form of, 110, No. 61 
 deposit in Court on request, of, 15, 79 
 
 Chan. Funds Ord. 1878, Ord. 4, 79 
 
 form of, 92, No. 19 
 
 service thereof, 15, 79 
 motion, of, for investment of fund in Court, 99, No. 35 
 payment into Court, on request, of, 15, 79 
 
 Chan. Funds Ord., 1872, Ord. 76 
 
 form of, 92, No. 19 
 
 service thereof, 15, 79 
 transfer into Court, on request, of, 1 5, 79 
 
 Chan. Funds Ord. 1872, Ord. 4, 79 
 
 form of, 92, No. 19 
 
 service thereof, 15, 79 
 
 OFFICE COPY, 
 
 certificate of payment, transfer, or deposit into or in Court, of, 15, 16, 64 
 Chan. Funds Rules, 1872, r. 16, 64 
 deposit of box containing securities or effects of, 16 
 order, of, when acted on by Paymaster-General, 8, n (z) 
 order when accepted on bespeaking Registrar's certificate, 26, n. (a), 33, 
 
 n. (x), 69 
 Report Office, made in fees for, 11, n. («) 
 
 OFFICIAL LIQUIDATOR, 
 
 payment out to, how effected, 4, 32, 65, 66 
 Chan. Funds Rules, 187a, r. 21, 65, 66 
 requisition for, form of, 109, No. 60 
 
 OFFICIAL PERSON, 
 
 payment out to, how effected, 4, 31, 32, 65, 66 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 
 OFFICIAL TRUSTEES OF CHARITABLE FUNDS, 
 payment out to, how effected, 4, 31, 32, 65, 66 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 
 ORDER, 
 
 absent person, for payment out to, on Mb claiming the fund, 27 
 
 forms of, 105, No. 48 ; 107, No. 52a 
 carrying over, for, necessary, 28, 64, 65 
 
 Chan. Funds Rules, 1872, r. 17, 64, 65 
 carrying over, for, forms of, 105, No. 48, 107, No. 52a" 
 
 absent person, to account of, 105, No. 48, 107, No. 52a 
 
 cash of, form of, 107, No. 52 
 
 dividends, form of, 107, No. 52 
 
 infant, to account of, form of, 105, No. 48 
 
 interest, form of, 107, No. 52 
 
 money on deposit, form of, 107, No. £>2 
 
 securities, form of, 107, No. 52 
 
 Bhare of cash, and placing it on deposit, and payment out when 
 claimed, form of, 107, No. 52a * ' 
 
 share of residue of money on deposit and interest, form of, 105 
 No. 48 ' 
 
INDEX. 143 
 
 ORDER— continued. 
 
 conversion of securities, and application of proceeds, 104, No. 47b 
 conversion of securities, and to place proceeds on deposit, forms of, 104, 
 
 Nos. 47a, 48 
 conversion of securities, payment of duty, placing proceeds on deposit, 
 taxation and payment of costs, and application of residue, form of, 104, 
 No. 48 
 costs for taxation and payment of, form of, 105, No. 48 
 delivery out, for, mode of framing, Chan. Funds Rules, 1872, r. 7, 61, 62 
 delivery out, for, necessary, 28, 64, 65 
 
 Chan. Funds- Rules, 1872, r. 17, 64, 65 
 
 form of, 107, No. 51 
 deposit in Court, for, of securities, form of, 87, No. 13 
 deposit in Court, for, form of, where securities have to be placed in a box, 
 
 87, No. 13a 
 deposit, placing on, and payment to absent person on claiming the amount, 
 
 for, forms of, 105, No. 48 ; 107, No. 52a 
 deposit, placing on and payment to infant on attaining twenty-one, ior, 
 
 form of, 105, No. 48 
 deposit placing money on, in pursuance of, 21, 66 
 
 request necessary, 21; 66 ; form of request, 96, No. 27 
 directions of, how far acted on in Chancery Pay Office, 8, ib. n. (a) 
 
 once acted on, must be produced for subsequent operations, 8, n. (z) 
 draft not acted in Chancery Pay Office, except under very special circum- 
 stances, 8, ib. n. (s) 
 exact amount of funds to be expressed in, Chan. Funds Rules, 1872, t. 6, 
 
 61 
 exact title of account to be stated in, Chan. Funds Rules, 1872, r. 5, 60, 61 
 Exchequer Bills, for deposit in Court of, form of, 87, No. 13 
 
 for investment in, form of, 101, No. 37a 
 existing, construction of, Chan. Funds Rules, 1872, r. 4, 60 
 funds in Court only dealt with in pursuance of, 28, 64 
 
 Chan. Funds Rules, 1 872, r. 17, 64 
 infant, for payment out to, on attaining twenty-one, 27 
 
 form of, 105, No. 48 
 injunction, for, after lodgment of money, 17 
 
 form of, 95, No. 22a 
 interest, period of computation, rate of, to be defined in, Chan. Funds 
 
 Rules, 1872, r. 8, 62 
 intituling of, Chan. Funds Rules, 1872, i*. 5, as to, 60 
 investment, for, how obtained, 24 
 
 investment of cash or money on deposit, for form of, 100, No. 37 
 investment in Exchequer Bills, for form of order for, 101, No. 37a 
 Legacy Duty, for payment of, forms of, 104, No. 48, 108, Nos. 55, 56 
 
 amount inserted in order, in case of, 104, No. 48, 108, No. 55 
 
 amount to be assessed in. case of, 108, No. 56 
 money paid in under, when not placed on deposit, 19, 70, 71 
 
 Chan. Funds Rules, 1872, r. 84, 70, 71 
 office copy of, where acted on by Paymaster-General, 8, n. (2) 
 office copy of, when accepted for Registrar's certificate, 26, n. (a), 33, u. (as), 
 
 69 
 payment into Court, for, form of, 86, No. 11 
 payment out of Court, for, necessary, 28, 64, 65 
 
 Chan. Funds Rules, 1872, r. 17, 64, 65 
 payment out of Court, for forms of, 105, No. 48; 106, Nos. 49, 49a, 
 50a, 107, No. 52a 
 
 absent person, to, on claiming the amount, 105, No. 48, 107, No. 52a 
 
 cash, of, form of, 106, Nos. 49, 50a 
 
 dividends, of, form of, 106, No. 50a 
 
 money on deposit, of, form of, 106, No. 49a 
 
 infant to, on attaining twenty-one, form of, 105, No. 48 
 
 share, placed on deposit, of fund, form of, 107, No. 52a 
 
144 INDEX. 
 
 ORDER — continued. 
 
 payment out of Court, for, forms of — continued. 
 
 share of residue of money on deposit and interest, form of, 105, 
 No. 48 
 payment for, mode of framing, Chan. Funds Rules, 1872, i. 7, 61, 62 
 prospective, for payment when applied for, 27 
 
 forms of, 105, No. 48 ; 107, No. 52a 
 prospective, for payment to infant, 27 
 
 form of, 105, No. 48 
 sale of securities, and payment out of proceeds, for form of, 1 06, No. 50a 
 source of uncertain income to be expressed in Chan. Funds Rules, 1872, 
 
 r. 6, 61 
 succession duty, for payment of, 108, Nos. 55, 56 
 
 amount inserted in order, when, form of, 108 No. 55 
 
 amount to be assessed, when, form of, 108, No. 56 
 transfer, for, mode of framing, Chan. Funds Rules, 1872, r. 7, 61, 62 
 transfer into Court, for form of, 86, No. 12 
 transfer out, order for, necessary, 28, 64, 65 
 
 Chan. Funds Rules, 1872, r. 17, 64, 65 
 
 form of, 106, No. 50 
 
 ORDERS IN LUNACY, 
 
 mode of framing, Chancery Funds (Lunacy) Orders, 1872, Ord. 5, 82 
 
 PARLIAMENTARY DEPOSITS ACT (9 & 10 Vic. c. 20) 
 deposit, money paid in under, not placed on, 19 
 payment into Court, under, documents left on bespeaking direction for, 13 
 
 PARTNERS, 
 
 payment out to one or more of several, 35, 66 
 Chan. Funds Rules, 1872, r. 22, 66 
 
 PAYEE, 
 
 death of, payment out to his personal representatives on, 35, 36, 66 
 
 Chan. Funds Rules, 1872, r. 22, 66 
 life of, affidavit of, 33; form of, 111, No. 64 
 life of, certificate of, 33 ; form of, 110, No. 63 
 
 abroad, when he is, 111, No. 65a 
 life of, statutory declaration of, 35; form of, 111, No. 65 
 
 PAYMASTER-GENERAL, 
 
 account of, for Chancery Business, 2, 9, ib. n. (i), 10, 15, 17, 45, 60, 63, 
 74, 66 
 and see Chahoebt Pat Office Account. 
 books and property Of Accountant-General-to vest in, 6, 51, 52 
 
 Court of Chancery (Funds) Act, 1872, s. 24, 51, 52 
 certificates of, 8, 9, 15, 16, 18, 24, 26, 31, 35, 49, 64, 70, 71, 77 
 
 deposit in Court, of, 15, 16, 64, 77 ; forms of, 92, No. 18b, 93, No. 20 
 fund in Court, of, 9, ib., n. (d), 49 ; form of, 84, No. 5 
 negative, 9, 18 ; form of, 85, No. 8 
 payment in, of, 16, 64, 77; form of, 91, No. 18 
 transaction, of, 8, 24, 26, 31, 35, 70, 71 ; forms of, 83, No. 2, 101 No 
 . 39, 103, No. 45, 109, No. 58, 113, Nos. 69, 71, 114, No. 73 
 transfer into Court, of, 15, 64, 77 ; form of, 91, No. 18a 
 and see Certificate (Paymaster-General's) 
 'Chancery office of, 27, 60 
 building used for, 7 
 named Chancery Pay Office, 2, 7, 60 
 and see Chancery Pay Oefhje. 
 
INDEX. 145 
 
 PAYMASTER-GENERAL- continued. 
 
 default of, liability of Consolidated Fund for, 2, 6, n. (c), 41 
 
 Court of Chancery (Funds) Act, 1872, s. 5, 41 
 deputy, may act for Chancery business by, 6, 41 
 
 Court of Chancery (Funds) Act, 1878, s. 4, 41 
 securities and money vested in Accountant-General, to vest in, 6, 81, 52 
 
 Court of Chancery (Funds) Act, 1878, s. 84, 51, 52 
 signature of, or of his deputy, forgery of, 6, n. (c), 44, 45 
 
 Court of Chancery (Funds) Act, 1878, s. 18, 44, 45 
 substitution of, for Accountant-General of High Court of Chancery, 2, 6, 
 
 Court of Chancery (Funds) Act, 1872, s. 4, 41 
 vesting of property in, 6, u. (c), 43 
 
 Court of Chancery (Funds) Act, 1872, s. 9, 43 
 
 PAYMENT OF MONEY INTO COURT, 12—18 
 
 Chan. Funds fcules, 1872, rr. 9—14, 16, 62—64 
 branch bank of the Bank of England, into, 15, n. (/) 
 certificate of (Paymaster-General's), 15, 64, 77 
 
 Chan. Funds, Rules, 1878, rr. 16, 60, 64, 77 
 
 filing and office copy of, 15, 64, 77 
 
 form of, 91, r. 18 
 
 lodgment of money in urgent case, after, 17 ; form of, 95, r. 23 
 cheque, how made by, 14, n. (d) 
 Copyhold Acts, under, 2, 13, 16, 64 
 
 Chan. Funds Rules, 1878, r. 14, 64 
 
 account, to what, 2, 16, 64 
 
 direction for, 13; documents left on bespeaking, 1 3 
 
 request for direction for, 13, 64 ; form of, 89, No. 16 
 direction for, 12—14, 16, 17, 62, 63 
 
 Chan. Funds Rules, 1872, rr. 9, 10, 62, 63 
 
 documents left on bespeaking direction, 19 — 14 ; return thereof, 14 
 
 ready, .when, 14 
 
 return of, by Bank of England, to Chancery Pay Office, 15, 62 
 and see Direction (Paymaster-General's). 
 enforcing order, for, 18 
 Lands Clauses Consolidation Act, 1845, under, 2, 13, 16 
 
 Chan. Funds Rules, 1872, r. 14, 64 
 
 account to which fund to be placed, 2, 64 
 
 direction for, 13 ; documents left on bespeaking, 13 
 
 request for direction for, 13, 65; form of, 88, No. 14 
 Legacy Duty Act, under, 13 
 
 direction for, 13 ; documents left on bespeaking, 13 
 
 request for direction for, 13 ; form of, 89, No. 15 
 Life Assurance Acts, 1870 — 72 under, 14 
 
 documents left on bespeaking direction for, 14 
 mode of making, 14, 15, 62, 63 
 non-compulsory order for, form of, 18 
 order for, form of, 86, No. 11 
 order, under, 12 
 
 documents left on bespeaking direction for, 13, n. (h) 
 Parliamentary Deposits Act, under, 13 
 
 documents left on bespeaking direction for, 13 
 receipt given by Bank of England on making, 3, 15, 62 
 
 retained by suitor, 3, 15 
 request, on, 2, 12, 14, 15, 62, 63, 79 
 
 Chan. Funds Rules, 1872, rr. 10, 11, 62, 63 
 
 Chan. Funds Ord., 1872, Ord. 4, 79 
 
 documents left on bespeaking direction for, 1 4 
 
 direction for, 12, 14, 62 
 
 notice of, 15, 79 ; form of, 92, No.. 19 
 
 h 
 
146 INDEX. 
 
 PAYMENT OF MONEY, &c— continued. 
 request on— continued. 
 
 request for, 12, 14, 62, 63 
 filing of, 14, n. (a), 62 
 form of, 89, No. 17 
 
 reference to record must be marked with, 14, 63 
 request for direction for, 12—14; forms of, 88, No. 14; 89, Nos. 15, 
 16, 17 
 and see Request. 
 Tramways Act, 1870, under, 13 
 
 documents left on bespeaking direction for, 13 
 Trustee Belief Act, under, 13 
 
 documents left on bespeaking direction for, 13 
 urgent cases in, 2, 16, 17, 63 
 
 Chan. Funds Rules, 1872, r. 12, 63 
 
 and see Lodging Monet in Court in Ubgent Cabes. 
 
 PAYMENT OF MONEY OUT OF COURT, 28—33, 64—66 
 
 Chan. Funds Rules, 1872, rr. 17, 22, 64-66 
 absent pesson, to, on claiming it, of fund placed on deposit, 27 
 
 forms of order for, 105, No. 48 ; 107, No. 52a 
 attorney, to, 33 ; evidence on which made, 33 
 cash, of, forms of order for, 106, Nos. 49a, 50a 
 conditional, evidence required for issue of cheque, 33 
 dividends, of, form of order for, 106, No. 50a 
 Ecclesiastical Commissioners for England, to, how effected, 31, 32, 65, 66 
 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 infant, to, on attaining twenty-one, 27 ; form of order for, 105, No. 48 
 mode of making, 31 — 33 
 money on deposit; of, forms of order for, 1C5, No. 48, 106, No. 49a, 107, 
 
 No. 52a 
 official liquidator, to, how effected, 31, 32, 65, 66 
 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 
 form of requisition, 109, No. 60 
 official persons keeping account at Bank of England, to, how effected, 4, 31, 
 32, 65, 66 
 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 Official Trustees of Charitable Funds, to, how effected, 31, 32, 65, 66. 
 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 order required for, 28, 64 
 
 Chan. Funds Rules, 1872, r. 17, 64 
 orders for, forms of, 104, No. 47a, 106, No. 49a, 106, No. 50a, 107, 
 
 No. 52a 
 partners, to, 35, 66 
 
 . Chan. Funds Rules, 1872, r. 22, 66 
 periodical payments, of, 32, 33, 65 
 
 cheques for, and evidence on which issued, 33 
 
 continued on documents used in Accountant-General's office, 33, n. {q\ 
 65 
 
 Chan. Funds Rules, 1872, r. 19, 65 
 
 persons named in Chief Clerk's certificate, to survivor of , 36 ; necessary 
 evidence, 36 
 personal representatives of deceased payee, to, 3, 35, 36, 66 
 
 Chan. Funds Rules, 1872, r. 22, 66 
 
 necessary evidence, 36 
 personal representatives, to survivors of, 36 
 
 necessary evidence, 36 
 
 time within which representatives must be constituted, 36 
 Reduction of National Debt, to Commissioners for 32 65 66 
 
 Chan. Funds Rules, 1872, r. 21, 65, 66 
 request for, 28, 66 
 
 Chan. Funds Rules, 1872, r. 23, 66 
 
INDEX. 147 
 
 PAYMENT OF MONEY, &c— confirmed. 
 
 share of fund placed on deposit, forms of orders for, to infant, 105, No. 48 ; 
 
 to absent person on claiming the amount, 107, No. 52a 
 share of residue of moneyon deposit and interest, form of order for, 105, 
 
 No. 48 
 small sums of, 3, 4, 7, ib. n. (k), 43 
 
 Court of Chancery (Funds) Act, 1872, s. 8, 43 
 where made, 7, ib. n. (&) 
 
 PERIODICAL PAYMENTS, 
 
 Accountant-General, made by, continuation of, 33, n. (g), 65 
 Chan. Funds Rules, 1872, No. 19, 65 
 
 PERSONAL REPRESENTATIVES, 
 
 delivery, payment, or transfer out to, 3, 35—37, 66 
 death of person entitled on, 35, 86, 66 
 Chan. Funds Rules, 1872, r. 22, 66 
 necessary evidence, 36 
 Registrar's certificate for, and evidence on which granted, 37 
 survivors of to, or when not named, 36, 37 
 time within which representatives must have been constituted, 36 
 
 PETITION, 
 
 dormant account, as to, form of, 10, n. (m), 38, 79 
 Chan. Funds Ord., 1872, Ord. 7, 79 
 
 PLATE, 
 
 deposit of, in Court, 5, 16, 17, 18, 80 
 
 Record and Writ Clerks' office, not to be at, 5, 17, 18 
 Chan. Funds Ord., 1872, No. 9, 80 
 
 PROSPECTIVE ORDER, 
 
 absent person, for payment to, on his claiming the fund, 27 
 
 forms of, 185, No. 48 ; 107, No. 52a 
 infant, for payment to, 27 ; form of, 105, No. 48 
 
 payment out, for, of share of money placed on deposit, 27 ; forms of, 105, 
 No. 48 ; 107, No. 52a 
 
 PURCHASE MONEY, 
 
 stop order on, when paid into Court on request, 17 
 
 RECEIPT (BANK OF ENGLAND), 
 
 box containing securities or effects, for, 1 6 
 
 money paid in, and securities deposited, for, 3, 15, 62 
 
 money lodged in urgent case, for, 17, 63 
 
 RECORD AND "WRIT CLERKS' OFFICE, 
 
 effects or negotiable securities of suitors not to be deposited at, 5, 17, 
 18, 80 
 
 Chan. Funds Ord., 1872, Ord. 9, 80 
 
 REDUCTION OF THE NATIONAL DEBT (COMMISSIONERS FOR), 
 balances under £5 to be transferred to, 5, 10, ib. n. (o), 76 
 Chan. Funds Rules, 1872, r. 56, 76 
 excepted accounts, 10, n. (o), 76 
 
 Chan. Funds RuleB, 1872, r. 56, 76 
 interest of money on deposit, crediting by, 22, n. (»), 74 
 
 Chan. Funds Rules, 1872, r. 51, 74 
 money in hands of, application of, Court of Chancery (Funds) Act, 1872, 
 s. 17, 46, 47 
 
148 INDEX. 
 
 REDUCTION OF THE NATIONAL DEBT, kc—cmdvtmed. 
 payment out to, how effected, 32, 65, 66 
 
 Chan. Funds Rules, 1872, No. 31, 65, 66 
 slave compensation money transferred to, 6, 52 
 
 Court of Chancery (Funds) Act, 1872, s. 25, 52 
 transfer to, of excess of cash balance on Chancery Pay Office Account, 
 9 74 
 
 ' Chan. Funds Rules, 1872, r. 49, 74 
 transfer from, of amount required for Chancery Pay Office Account, 9, 
 10,74 
 Chan. Funds Rules, 1872, No. 50, 74 
 
 REFERENCE TO THE RECORD, 
 
 account in books of Chancery Pay Office to include, 4, 60 
 form of, 11, n. (v), 60, 83, No. 1 
 
 Chan. Funds Rules, 1872, r. 2, 60 
 proceedings in cause to be marked with, 4, 11, 80 
 
 Chan. Funds Ord., 1872, Ord. 10, 80 
 request for bringing fund into Court without order, to be marked with, 
 14, 63 
 Chan. Funds Rules, 1872, r. 11, 63 
 
 REGISTRAR'S CERTIFICATE FOR SALE, TRANSFER, OR DELIVERY 
 OF SECURITIES, 
 See Certificate for Sale, Transfer, ok Delivery op Securities 
 (Registrar's) 
 
 REPORT OFFICE, 
 
 documents which are to be filed in, 11, 77 
 
 Chan. Funds Rules, 1872, r. 60, 77 
 fees for office copies made in, 11, n. («.) 
 
 Paymaster-General's certificate of payment, transfer, or deposit in Court, 
 filed in, 15, 16, 64, 77 
 
 Chan. Funds Rules, 1872, rr. 16, 60, 64, 77 
 
 office copies thereof, 15, 16 
 request for bringing fund into Court without order filed in, 14, n. (a), 62, 
 
 Chan. Funds Rules, 1872, r. 10, 62 
 statutory declaration when .filed in, 10, 77 
 
 Chan. Funds Rules, 1872, r. 57, 77 
 
 REQUEST, 
 
 attorney, for payment to, 33 
 
 forms of, 110, No. 62 ; when payee abroad, 111, No. 65a 
 carrying over, for, 31, 66 
 
 Chan. Funds Rules, 1872, r. 23, 66 
 
 form of, 109, No. 57 
 certificate of Paymaster- General, for, S, 9, 25, 27, 31, 34, 35, 69 
 
 carrying over of, 8, 31 ; form of, 109, No. 58 
 
 conversion of securities of, 27; form of, 103, No. 45 
 
 delivery out of, 8, 35 ; form of, 114, No. 73 
 
 fund in Court of, 9, ib. n. (d), 69 ; form of, 84, No. 4 
 
 investment of, 25; form of, 101, No. 39 
 
 negative for, 9 ; form of, 85, No. 8 
 
 purchase, 8, 25 ; form of, 101, No. 39 
 
 sale of securities of, 8, 34 ; form of, 113, No. 69 
 
 transaction of, 8 ; form of, 83, No. 2 
 
 transfer out, of, 8, 35 ; form of, 113, No. 71 
 deposit in Court on request, 2, 12, 14, 62, 63 
 
 Chan. Funds Rules, 1872, r. 10, 62, 63^ 
 
 documents left on bespeaking direction for 14 
 
 notice of, 14, 79 
 
 Chan. Funds Ord., 1873, Ord. 4, 79 
 form of, 92,No. 19 
 
INDEX. 149 
 
 REQUEST— continued. 
 
 deposit in Court on request — continued. 
 request for, 12, 14, 6S 
 
 Chan. Funds Rules, 1872, r. 11, 63 
 filing of, 14, n. (a), 62 
 form of, 90, No. 17 b 
 
 reference to record must be marked with, 14, 63 
 deposit, to place money on, 20, 21, 25, 66, 70 
 Chan. Funds Rules, 1872, rr. 28, 33, 66, 70 
 carrying over, after, 20 
 conversion of securities, proceeds of, 20 
 dividends, 20, 25 
 
 not ordered to be invested, 25 ; form of, 102, No. 42 
 form of, 96, No. 25 
 
 Legacy Duty Act, when paid in under, 21 ; form of, 89, No. 15 
 order, in pursuance of, 21 ; form of, 96, No. 27 
 payment off of securities, proceeds of, 20 
 required, when, 20, 21, 66, 70 ; when not, 20, 75 
 sale of securities, proceeds of, 20 
 
 Trustee Relief Act, when paid in under, 20, 21 ; form of, 96, No. 28' 
 deposit, to discontinue placing on, 22, 72 
 
 dividends, 22, 72 ; forms of, 97, No. 31 ; 102, No. 43 
 interest, 22, 72; form of, 98, No. 31a 
 deposit, not to place money on, 19, 70 
 Chan. Funds Rules, 1872, r. 34, 70 
 form of, 96, No. 24 
 
 withdrawal of, and to place money on deposit, 20, 70, 71 
 Chan. Funds Rules, 1872, x. 34, 70, 71 
 form of, 96, No. 26 
 deposit, for withdrawal of money from, 21, 23 
 
 dividends of, for purpose of investment, 23 ; form of, 101, No. 41 
 Legacy Duty Act, money paid in under, 22 ; iorm of, 97, No. 30 
 order, in order to act on an order, 23 ; form of, 98, No. 32 
 direction for payment in, for, 13 
 
 Copyhold Acts, under, 13; form of, 89, No. 16 
 Lands Clauses Consolidation Act, 1845, under, 13 ; form of, 88, No. 14 
 Legacy Duty Act, under, 13 ; form of, 89, No. 15 
 dormant account, for information as to, 10 
 
 information as to transactions in the Chancery Pay Office, for, 9, 70 
 Chan. Funds Rules, 1872, i. 32, 70 
 form of, 84, No. 7 
 investment for, 24, 66, 72 
 
 Chan. Funds Rules, 1872, r. 22, 66 
 ilividends, of, to discontinue, 26 ; form of, 102, No. 43 
 form of, 101, No. 38 
 interest, of, to discontinue, 26 
 
 Legacy Duty Act, of money paid in under, 21, 72 ; form of, 97, No. 29 
 deposit when money has been placed on, 22, 72; form of, 97, 
 No. 30 
 negative certificate for, 9 
 
 form of, 85, No. 8 
 payment into Court on request, 2, 12, 14, 62, 63 
 Chan. Funds Rules, 1872, r. 10, 62, 63 
 documents left on bespeaking direction for, 14 
 notice of, 14, 79. 
 
 Chan. Funds Ord., 1872, Ord. 4, 79 
 form of, 92, No. 19 
 request for, 12, 14, 62, 63 
 
 Chan. Funds Rules, 1872, r. 11, 63 
 
 filing of, 14, n. (a), 62 
 
 form of, 89, No. 17 
 
 reference to record must be marked with, 14, 63 
 
150 INDEX. 
 
 REQUEST— cmtmued. 
 
 payment out, for, 28, 66 
 
 Chan. Funds Rules, 1872, r. 23, 66 
 search for information in Chancery Pay Office, for, 8, 70 
 
 form of, 84, No. 7 
 transcript of account, for, 9, 69 ; form pf, 84, No. 6 
 transfer into Court on request, 2, 12, 14, 62, 63 
 Chan. Funds Rules, 1872, r. 10, 62, 63 
 documents left on bespeaking direction for, 14 
 notice of, 14, 79 
 
 Chan. Funds Ord., 1872, Ord. 4, 79 
 form of, 92, No. 19 
 request for, 12, 14, 63 
 
 Chan. Funds Rules, 1872, i. 11, 63 
 
 filing of, 14, n. (a), 62 
 
 form of, 90, No. 17a 
 
 reference to record must be marked with, 14, 63 
 
 REQUISITION, 
 
 transfer to account of official person, for, 32, 65, 66 
 form of, 109, No. 60 
 
 SALE OF SECURITIES, 
 
 certificate of, (Paymaster-General's), 8, 34, 70 
 
 Chan. Funds Rules, 1872, r . 31, 70 
 
 form of, 113, No. 70 
 
 request for, 8, 35, 70 ; form of, 113, No. 69 
 certificate for (Registrar's) necessary, 33, 35, 43, 44, 69 
 
 Chan. Funds Ord., 1872, Ord. 5, 79 
 
 Chan. Funds Rules, 1872, rr. 17, 29, 64, 69 
 
 Court of Chancery (Funds) Act, 1872, s. 10, 43, 44 
 
 documents to be left on bespeaking, 33, ib. n. (y) 
 
 form of, 111, No. 66; where to raise costs, 112, No. 66a 
 
 investment of dividends after, 29 ; form of, 108, No. 54 
 
 vacation, not issued in, without special direction, 2, 26, n. (6), 34, 79 
 direction for, 34, 67, 68 
 
 Chan. Funds Rules, 1872, r. 26, 67, 68 
 
 documents left on bespeaking, 34, ib. n. (e) 
 
 return to Chancery Pay Office by Bank of England or corporation, 
 34, 68 
 mode of effecting, 34, 67 
 
 Chan. Funds Rules, 1872, r. 25, 67 
 order for, necessary, 28, 64 
 
 Chancery Funds Rules, 1872, r. 17, 64 
 
 form of, 106, No. 50a 
 proceeds of, not placed on deposit without request, 20, 70 
 
 Chan, Funds Rules, 1872, r. 33, 70 
 transfer of to be made by officer of corporation, 4, 36, 67 
 
 Chan. Funds Rules, 1872, r. 25, 67 
 
 SEARCH IN CHANCERY PAT OFFICE, 
 fee for, 8, n. (y) 
 request for, 9, 70; form of, 84, No. 7 
 
 SECURITIES, 
 
 carrying over, 28, 31 
 
 and see Carrying Over 
 conversion of, 26, 27 
 
 and see Conversion or Stock in Codrt 
 
INDEX. 151 
 
 SECURITIES— continued. 
 
 delivery out of, 28, 29, 33—85 
 
 see Delivery out op Court of Securities and Effects 
 deposit in Court of, 12 — 16 
 
 and see Deposit in Court of Securities and Effects 
 deposited under the Court of Chancery (Funds) Act, lb72, securities which 
 
 may be, 3, 14, n (e) 
 deposited in Court on 1st April, 1872, list of, 118—121 
 dividends on, received by Bank of England, 3, 17 
 
 Court of Chancery Funds (Act), 1872, s. 10, 44 
 dividends on, subsequent, when to accompany the securities, 29 
 mortgage, deposited like documents, 18, n. (») 
 
 negotiable, not to be deposited at Record and Writ Clerk's Office, 5, 17, 68, 
 80 
 
 Chan. Funds Ord., 1872, Ord. 9, 80 
 payment off of, proceeds of not placed on deposit without request, 23, 70 
 
 Chan. Funds Rules, 1872, No. 33, 70 
 purchase of, 24, 25, 70 
 
 certificate of,"^, 25, 70 ; form of, 102, No. 40 
 
 request for, 8, 25, 70 ; form of, 101, No. 39 
 and see Investment op Fund in Court 
 sale of, 28, 33—35 
 
 see. Sale of Securities 
 transfer into Court, 12 — 15 
 
 and see Transfer into Court of Securities 
 transfer out of Court of, 28, 33—35 
 
 see Transeer out op Court of Securities 
 transferable into Court, which are, 14, n (e) 
 
 SERVICE, 
 
 Copyhold Acts, of applications under, 38, 79 
 
 Chan. Funds Ord. 1872, Ord. 8, 79 
 investment, of notice of motion or summons for, 24 
 notice of payment, transfer, or deposit into or in Court on request, of, 15, 79 
 
 Chan. Funds Ord., 1872, Ord. 4, 79 
 
 SHORT TITLE, 
 
 cause, of, form of, 11, n. (e), 60, 83, No. 1 
 
 Court of Chancery (Funds) Act, 1872, of, s. 1, 39 
 
 SLAVE COMPENSATION FUNDS, 
 
 transfer of, to Commissioners for Reduction of National Debt, 6, 52, 53 
 Court of Chancery (Funds) Act, 1872, a. 25, 52, 53 
 
 SOLICITORS, 
 fees of, 11, 80 
 
 Chan. Funds Ord., 1872, Ord. 11, 80 
 name and address of to be endorsed on documents left at Chancery Pay 
 Office, 4, 10, 77 
 Chan. Funds Rules, 1872, t. 58, 77 
 
 STATUTORY DECLARATION 
 
 see Declaration (Statutory) 
 
 STOCK, 
 
 conversion of, into cash, 3, 26, 27 
 
 and see Conversion of Stock in Court 
 investing hi, 19 
 
 and see Investment op Fund in Court 
 
 STOP ORDER, 
 
 certificate of fund to notice, 9, n. (<£), 69 
 purchase- money paid in on request, on, 17 
 
152 INDEX. 
 
 SUCCESSION DUTY, 
 
 assessment of, on estimated fund, 30, ib. n. (o) 
 
 commutation of, when advisable, BO 
 
 order for payment of, where amount inserted in order, form of, 108> No. 
 
 55 
 order for payment of, where amount to be assessed, form of, 108, No. 56 
 payment of, how effected, 30, 31 
 payment of, provision to be made for, 4, 29, 30 
 
 SUMMONS, 
 
 conversion of securities for, 27, 79 
 
 Chan. Funds Ord., 1872, Ord. 6, 79 
 , form of, 104, No. 47 
 
 Copyhold Acts, applications under, to be made by, 5, 37, 79 
 
 Chan. Funds Ord., 1872, Ord.' 8, 79 
 
 form of, where money paid in after 6th Jan. 1873, and placed on 
 deposit, 115, No. 75 
 
 where money paid in before 7th January, 1873, 117, No. 76 
 
 service of summons, 38, 79 
 deposit in Court of securities, for, form of, see Addenda, xxii. — xxiv. 
 deposit in Court under Court of Chancery (Funds) Act, 1872, of securities 
 
 previously deposited, 4, 16 ; form of, 92, No. 21 
 deposit, to place money on, 23 s 79 
 
 Chan. Funds Ord., 1872, Ord. 6, 79 
 
 form of, 98, No. 33 
 interest of money, on deposit, to deal with, 23, 79 
 
 Chan. Funds Ord., 1872, Ord. 6, 79 
 
 form of, 98, No. 34 
 investment of fund in Court for, 24 
 
 form of, 100, No. 36 
 
 service of, 24 i- 
 
 transfer into Court, for, form of, see Addenda, xxii. — xxiv. 
 
 TRAMWAYS ACT (1870) (33 & 34 Vic. u. 78), 
 payment into Court under, 13 
 
 documents left on bespeaking direction for, 13 
 
 TRANSCRIPT, 
 
 account in books of Chancery Pay Office, of, 9, 69 
 Chan. Funds Rules, 1872, r. 30, 69 
 fee for, 8, n. {y) 
 request for, 9, 69 ; form of, 84, No. 6 
 
 TRANSFER INTO COURT OF SECURITIES, 
 
 Chan. Funds Rules, 1872, rr. 10, 15, 16, 62, 63, 64 
 certificate of (Paymaster-General's), 15, 64, 77 
 
 Chancery Funds Rules, 1872, rr. 16, 60, 64, 77 
 
 filing and office copy, of, 15, 64, 77 
 
 form of, 91, No. 18a 
 direction for, 12 — 14, 64 
 
 Chan. Funds Rules, 1872, rr. 15, 16, 64 
 
 documents left on bespeaking, 12—14; return thereof 14 
 
 ready, when, 14 
 
 return of, by Bank or corporation to Chancery Pay Office 15 16 64 
 and see Dibeotion (Paymasteb-General's) ' ' ' 
 
 enforcing order for, 18 
 mode of making, 15, 64 
 
 Chan. Funds Rules, 1872, rr. 15, 16, 64 
 non-compuhory order for, 18 
 order for, form of, 81, No. 12 
 
INDEX. 153 
 
 TRANSFER INTO COURT OP SECURITIES-coa&ued. 
 order, under, 12 
 
 documents left on bespeaking direction for, 12, 13, n. (h) 
 request, on, 2, 12, 14, 15, 62, 63, 79 
 
 Chan. Funds Rules, 1872, rr. 10, 11, 62, 63 
 Chan. Funds Ord., 1872, Ord. 4, 79 
 documents left on bespeaking direction for, 14 
 direction, for,.12, 14, 62 
 notice of, 15, 79 ; form of, 92, No. 19 
 request for, 12— 14, 62, 63 
 filing of, 14 n. (a), 62 
 form of, 69, No. 17, a 
 
 reference to record must be marked with, 14, 63 
 summons for, form of, see Addenda, xxii. — xxiv. 
 Trustee Relief Act, under, 13 
 
 documents left on bespeaking direction for, 1 3 
 
 TRANSFER OUT OF COURT OF SECURITIES, 
 
 Chan. Funds Rules, 1872, rr. 26, 27, 29, 67, 68, 69 
 Court of Chancery (Funds) Act, 1872, s. 10, 43, 44 
 certificate, of (Paymaster-General's), 8, 34, 70 
 Chan. Funds Rules, 1872, ,-. 31, 70 
 form of, 114, No. 72 
 request for, 8, 34; form of, 113, No. 71 
 certificate for (Registrar's), 33, 35, 43, 44, 69, 79 
 Chan. Funds Ord., 1872, Ord. 5, 79 
 Chan. Funds Rules, 1872, r. 29, 69 
 Court of Chancery (Funds) Act, 1872, s. 10, 43, 44 
 documents left on bespeaking, 33, ib. n. (y) 
 form, 112, No. 67 * 
 
 investment of dividends, after, 29 ; form of, 108, No. 53 
 vacation, not issued in, without special direction, 2, 26, n. (6), 34/79 
 direction for, 34, 67, 68 
 
 Chan. Funds Rules, 1872, r. 26, 67, 68 
 documents left on bespeaking, 34, ib. n. (e) 
 
 return of, to Chancery Pay Office by Bank of England or corporation, 
 34, 68 
 dividends, subsequent order for transfer, application of, 29, 68 
 
 Chan. Funds Rules, 1872, r. 27, 68 
 mode of effecting, 84, 67, 68 
 
 Chan. Funds Rules, 1872, r. 26, 67, 68 
 order for necessary, 28, 43, 44, 64 
 
 Chan. Funds Rules, 1872, r. 27, 64 
 Court of Chancery (Funds) Act, 1872, ». 10, 43, 44 
 order for, form of, 106, No. 50, 
 personal representatives to, on death of transferee, 35, 63 
 
 Chan. Funds Rules, 1872, i. 22, 66 
 personal representatives who are not named, or to survivors of them, 36, 37 
 Registrar's certificate for, 36, 37 ; necessary evidence, 37, ib, n. (k) - 
 time within which representatives must be constituted, 37 
 transfer to be made by officer of corporation, 4, 34, 68 
 
 Chan. Funds Rules, 1872, r. 26, 68 
 transferee's name, memorandum of, 34 
 form of, 112, No. 67 
 
 TRUSTEE RELIEF ACT (10 & 11 Vic. c. 96), 
 
 deposit, funds brought in under Act, when placed on, 19, 20, 21 
 
 request for, 19, 20, 21 ; form of, 96, No. 28 
 documents left on bespeaking direction to bring funds into Court under, 
 13 
 
154 INDEX. 
 
 TRUSTEE RELIEF ACT (10 & 11 Vie. c. 96)— continued. 
 investment of funds brought in under, 21, 23 
 order for not necessary, 23 
 request for not necessary, 21 
 
 VACATION, 
 
 Chancery Pay Office, open during, 2, 7 
 
 certificate (Registrar's), restriction on issue of, during, 26, n. (J), 79 
 Chan. Funds Ord., 1872, Ord. 5, 79 
 
 WORKS AND PUBLIC BUILDINGS (COMMISSIONERS OF), 
 
 buildings formerly vested in the Accountant-General to vest in, 6, n. (e), 
 50, 51, 
 
 Court of Chancery (Funds) Act, 1872, s. 21, 50, 51 
 
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 table than Mr. Davidson's valuable work, and "we believe quite as useful."— law Journal, 
 
 Jan. 1, 1870. 
 
 " This is a revised edition of a woik to which the most favourable criticism cannot add 
 reputation." — Law Times, March 22, 1873. 
 
 Smith.— Vide "Real Property." 
 
 CONVICTIONS.— Paley on Summary Convictions — 
 By H. T. J. MACNAMARA, Esq., Barrister-at-Law. Fifth 
 Edition. 8vo. 1866. ■ 11. Is. 
 
 " Great pains have been evidently taken to render the present edition very complete. It is 
 enriched with several excellent notes besides the one to which we have already called 
 attention ; amongst these is one on the subject of words usedin a statute being compulsory 
 or only directory, and another in which there is a review of decisions under the Masters 
 and Servants' Act (4 Geo. 4, c. 34!. This edition, uf what may be considered a standaid 
 work, incorporates all the statutes ai.d decisions irom the date of the last edition, and, ns 
 faras we have been able to examine (and we have put it to some te&t), the work has been 
 prepared with great care and accuracy. It is a good, practical, and valuable treatise, 
 which we can safely recommend to the profession." — The Law Join mil. 
 
 " 'Paley on Convictions' has enjoyed a high reputation and extensive popularity. 
 Devoted exclusively to the jurisriietu n in Bummary convictions, it collects and conveys to 
 the magistrate and his clerk the fullest and most accurate information as to the practice 
 to be observed in the hearing of charges which the magistrate is empowered to dispose of 
 summarily. Ten years have elapsed since the last edition. During the interval many 
 important changes have bcenmadeinthe law, and there has been a general call for a new 
 edition. No better man could have been found for such a work than Mr. Macnamara, 
 &c."— Law Times, May 5, 1866. 
 
 COPYHOLDS— Cud don's Copyhold Acts.— A succinct Trea- 
 tise on the Copyhold Acts, the practical Working and Effect thereof, 
 and the mode of Procedure under the same for effecting Enfranchise- 
 ment. By JAMES CTJDDON, Esq., Barrister-at-Law. Royal 
 8vo. 1865. 10s. 6d. 
 
 COPYRICHT.-Phillips' Law of Copyright.— The Law of 
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 CHARLES PALMER PHILLIPS, of Lincoln's Inn, Esq., 
 Barrister-at-Law. 8vo. 1863. 12s. 
 
 " Mr. Phillips has shown not only great diligence in collecting esses bearing upon the 
 various topics which he has treated, but considerable judgment in the manner in which he 
 has dealt with them. He has spared no pains to make his work reliable as a legal text 
 book, and at the same time equally useful to publishers, authors, artists, acd other persons 
 who are interested in works of literature, art, or design. In a word, such a book has long 
 been wanted, and Mr. Phillips has given abundant proof of his ability to meet the 
 desideratum." — Solicitors' Journal, Nov, 14,1868. 
 
 " Mr. Phillips' work is at once an able law-book and a lucid treatise, in a popular foim 
 on the rights of authors and artists. The wants and interests of the legal practitioners 
 are consulted by a careful collection and discussior of all the authorities, while the non- 
 professional reader will find in the book a well-writte j and perfectly intelligible statement 
 of the law upon the matter of which it treats."— Jurist, Jan. 9, 1864. 
 
 CORONERS — Jervis on the Office and Duties of 
 
 Coroners.— With Forms and Precedents. Third Edition. By 
 
 . C. W. LOVESY, Esq., of the Middle Ttmple, Barrister-at-Law 
 
 12mo. 1866. 12s , 
 
 COSTS.— Carew's Precedents of Bills of Costs, for 
 obtaining Grants of Probate and Letters of Administration in tie 
 Principal Begistry of the Court of Probate. 1869. 5*. 
 
STEVENS AND SONS' LAW PUBLICATIONS. 
 
 COSTS— Continued. 
 
 Morgan and Davey's Treatise on Costs in 
 Chancery.— By GEORGE OSBORNE MORGAN, M.A., 
 Barrister-at-Law, late Stowell Fellow of University College, Oxford ; 
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 With an Appendix, containing Forms and Precedents of Bills of 
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 &c, and the Railway and Canal Traffic Act, 1854. With an 
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 \* The Supplement containing "Bankruptcy Costs (Act of 
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 " Mr. Scott's work is well known to the profession. It is an extensive collection of 
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 " ' Taxation of Costs'— In re Foster— Vice-Chancellor Wood said that Mr. Scott's 
 book was a competent authority upon the subject."— Time*. 
 
 Webster's Parliamentary Costs. — Private Bills. 
 
 Election Petitions, Appeals, House of Lords. By EDWARD 
 
 WEBSTER, Esq., of the Taxing Office, House of Commons, and of 
 
 the Examiners' Office, House of Lords and House of Commons. 
 
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 THOMAS FALCONER, Esq., one of the Judges of County Courts. 
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 CRIMINAL LAW.— Archtaold's Summary of the Law- 
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 the Practice relating to them, and the Evidence necessary to sup- 
 port them. By JOHN JERVIS, Esq. (late Lord Chief Justice of 
 Her Majesty's Court of Common Pleas). Seventeenth Edition, in- 
 cluding the Practice in Criminal Proceedings by Indictment. By 
 WILLIAM BRUCE, Esq., Barrister-at-Law. Hoyall2mo. 1871. 
 
 12. lis. Gd. 
 
 a 3 
 
K> STEVENS AND SONS' LAW PUBLICATIONS. 
 
 CRIMINAL LAW.-Co""""^- 
 
 Anderson's Digest of Bankruptcy and Criminal 
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 Inner Temple. 8vo. 1867. 7*. 6d. 
 
 Cole on Criminal Informations and Quo "War- 
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 Greaves' Criminal Law Consolidation and 
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 Second Edition. Post 8vo. 1862. 16a. 
 
 Roscoe's Digest of the Law of Evidence in 
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 Esq., Barrister-at-Law. Royal 12mo. 1874. T.I. Us. 6<J. 
 
 Russell on Crimes and Misdemeanors.— Intended 
 
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 In this Edition of " Russell " the Editor has endeavoured to make such a statement 
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 Magistrates, or elsewhere. 
 
 This treatise is so much more copious than any other Upon all the subjects contained 
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 "What better Digest of Criminal Law could we possibly hope for than 'Russell on 
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 DICTIONARY.— Wharton's Law Lexicon.— A Law Lexicon, 
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 Phrases employed in the several Departments of English Law ; in- 
 cluding the various Legal Terms used in Commercial Business, 
 together with an Explanatory as well as Literal Translation of the 
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 Commentators. Fifth Edition. Revised and enlarged by J 
 SHLRESS WILL, Esq., of the Middle Temple, Barrister-at-Law. 
 Super royal 8vo. 1872. 21. 2s. 
 
STEVENS AND SONS' LAW PUBLICATIONS. 11 
 
 DIARY.— Lawyer's Companion (The), Diary, and Law 
 Directory.— For the use of the Legal Profession, Public Com- 
 panies, Justices, Merchants, Estate Agents, Auctioneers, &c, &c. 
 Published Annually. The Work is strongly bound in Svo. cloth, 
 and published at the following Prices : — 
 
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 DIGESTS.— Biddle.— Hcfe " Statutes." 
 
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 Chitty's Equity Index. — Chitty's Index to all the Reported 
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 Practice of Equity and Bankruptcy, in the several Courts of Equity 
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 " Mr. Fisher's Digest is a wonderful work. It is a miracle of human industry."— Mr. 
 Justice WiUei. 
 
 " The fact is, that we have already the best of all possible digests. I do not refer merely 
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 difficult to improve upon Mr. Fisher's 'Common Law Digest '—I refer to tho muinerable 
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 possibly hope for than 'Knssell on Crimes,' and the current Roscoe and Archbold, to say 
 nothing of the title, 'Criminal Low,' in 'Fisher's Digest.'"— Mr. Fitzjamjs Stephens, 
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 jfPld, Session 187J-3, 
 
12 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 DIGESTS.— Continued. 
 
 Harrison. — Vide " Fisher." 
 
 Notanda Digest in Law, Equity, Bankruptcy, 
 Admiralty, Divorce, and Probate Cases.— By 
 E. S. MASKELYNE, Esq., and CECIL C. M. DALE, Esq., of 
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 of the Inner Temple, Barrister-at-Law. Second Edition. 8vo. 
 1868. 16s. 
 
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 Stephens.— Vide « Churqh a^id Clergy," 
 
STEVENS AND SONS' LAW PUBLICATIONS. 13 
 
 ELECTIONS.— Fitzgerald.— Vide " Ballot." 
 
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 WOLFEKSTAN, Esq., of the Inner Temple, Barrister-at-Law. 
 
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 ENGLAND, LAWS OF,— Bowyer.— Vide " Constitutional Law." 
 
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 It may be remarked tJutt this Work is founded upon the usual prac- 
 tical Text Books as well as on Blackstone. 
 
 EQUITY and ride CHANCERY. 
 Chitty.— Vide " Digests." , 
 
 Seton's Forms of Decrees in Equity.— Fourtn 
 "Edition. Specially adapted to the Rules of Procedure under the 
 Judicature Act. By R. H. LEACH, Esq., Senior Registrar of the 
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 A Manual of Equity Jurisprudence founded on the Works of Story, 
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 " To sum-up all in a word, for the student and the jurisconsult, the Manual is the nearest 
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 Timet, Jan. 16, 1864. 
 
 "It will be found as useful to the practitioner as to the student."— Solicitors' Journal, 
 Jan. 2, 1864. 
 
 " Mr. Smith's Manual has fairly won for itself the position of a standard work."— Jurist, 
 Jan. 30, 1864. 
 
 " It retains, and that deservedly, the reverence of both examiners and students. 1 ' — From 
 a Lecture on' a Course of Reading by A. K. Boli.it, LL.D. Gold Medallist of the University 
 of London, and Prizeman of the Incorporated Law Society. 
 
 " There is no disguising the truth ; the proper mode, to use this book is to learn its pages 
 by heart." — Law Magazine and Review, May, 180 1. 
 
 Smith's (Sidney) Principles of Equity.— 8vo. 1856. 
 
 U. 6s. 
 EVIDENCE.— Arehbold.— Tide " Criminal." 
 
 Norton. — Vide " Indian Law." 
 
 ,Phillimore's Law of Evidence..— The History and 
 Principles of the Law of Evidence as illustrating our Social 
 Progress. By J. G. PHILLIMORE, Esq., Q,C. 8vo. 1850. 
 
 16s. 
 Roscoe. — Vide " Criminal." 
 
 Roscoe. — Vide "NisiPrius." 
 
 \ i 
 
14 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 EVI DEN CE.— Continued. 
 
 Starkie's Law of Evidence.— By G. M. DOWDESWELL, 
 and J. G. MALCOLM, Esqrs., Barristers-at-Law. Fourth Edition. 
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 In the Parliamentary debate on disqualified witnesses (House of Commons, Feb. 12, 
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 FACTORY ACTS. — Nottcut's Factory and Workshop 
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 FARM, LAW OF.— Cooke.— Vide "Agricultural Law." 
 
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 FIXTURES.— Amos and Ferard on" Fixtures. — Secqnd 
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STEVENS AND SONS' LAW PUBLICATIONS. 15 
 
 FORMS.— Chitty's Forms of Practical .Proceedings 
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 INCLOSURES-— vide "Commons." 
 
 INDIAN LAW Montriou ; the Hindu Will of Bengal. 
 
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 1867. 18s> 
 
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16 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 INTERNATIONAL LAW— Kent's International Law.— 
 Kent's Commentary on International Law, Revised, with Notes 
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 ABDY, LL.D., Barrister-at-Law. 8vo. 1866. • 16s. 
 
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 " Altogether Dr. Abdy has performed his task in a manner worthy of his reputation. 
 His book will be useful not only to Lawyers and Law Students, for whom it was primarily 
 iutended, but also for laymen. It is well worththe study ot every member of an enlightened 
 and civilized community." — Solicitor's Journal, March 15th, 18GT. 
 
 Levi's International Commercial Law. — Being the 
 Principles of Mercantile Law of the following and other Countries 
 — viz. : England, Ireland, Scotland, British India, British Colonies, 
 Austria, Belgium, Brazil, Buenos Ayres, Denmark, France, Germany, 
 Greece, Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, 
 Russia, Spain, Sweden, Switzerland, United States, Wurteniberg. 
 By LEONE LEVI, Esq. , F. S. A. , F. S. S. , of Lincoln's Inn, Barrister- 
 at-Law, Professor of the Principles and Practice of Commerce at 
 King's College, London, &o. Second Edition. 2 vols. Royal 8vo. 
 1863. ' 11. 15s. 
 
 Vattel's Law of Nations.— A New Edition. By 
 JOSEPH CHITTY, Esq. Koyal 8vo. 1834. £1 Is. 
 
 Wildman's International Law.— Institutes of Inter- 
 national Law, in Time of Peace and Time of War. By RICHARD 
 WILDMAN, Barrister-at-Law. 2 vols. 8vo. 1849-50. 11. 2s. 6d. 
 
 JOINT STOCKS— Jordan's Joint Stock Companies.— A 
 Handy Book of Practical Instructions for the Formation and 
 Management of Joint Stock Companies. Fourth Edition. 12mo. 
 1874. Nett 2s. 6d. 
 
 , ThringVs (H.) Joint Stock Companies' Law.— The 
 Law and Practice of Joint Stock and other Public Companies, in- 
 cluding the Statutes, with Notes, and the Forms required in Making, 
 Administering, and Winding-up a Company, with a Supplement 
 containing the Companies' Act, 1867, and Notes of Recent Decisions. 
 By HENRY THRING, M.A., of the Inner Temple, Esq., Barrister- 
 at-Law. • Second Edition. 12mo. 1868. 18s. 
 *** The Supplement may be had separately, sewed, nett 2s. 
 " Mr, Henry Hiring, who was employed by the Board of Trade in preparing the Joint 
 Stock Companies' Act, 1SS6, and who has performed a similar useful function in other 
 cases equally important, has just edited the abovo Act, with an Introduction Notes and ■ 
 an Appendix, which have a just title to the designation of Practical. The provisions of the 
 Statute are set forth veiy clearly in Mr. Thriug's Introduction, added to which, his 
 Volume contains a number of Practical Notes, which render it a manual for all persons 
 contemplating association. The entire book is so short, and so intelligable that we hold 
 ourselves absolved from going further into its details."— The Times, December 12, 
 
 "This is an Edition of the fainons Joint-Stock Companies' Act, by the gentleman who 
 was employed by the Board of Trade to prepare it. We may presume that he can slve us 
 full information as to its language, its meaning, and its objects; and he has certain 
 ?9 156 * 0OUTCmeilt and Poetical little book upon the subject."— The Jurist, November 
 
 JUDGMENTS. — Pask's Judgments, Executions, and 
 Crown Debts.— The Judgments Law Amendment Acts 
 relating to Real Property, 22 & 23 Vict., c. 35, and 23 & 24 Vict 
 o. 38, 23 & 24 Vict. c. 115, and 27 & 28 Vict. c. 112. With Notes' 
 Eeferences to Cases, and Index: forming an Appendix to "The 
 Practice of Registering," &c. By JAMES PASK, Chief Clerk to 
 the Kegistrar to the Court of Common Pleas, Westminster Third 
 Edition. 12mo. 1866. Sewed. A - at 2s 
 
STEVENS AND SONS' LAW PUBLICATIONS. 17 
 
 JUDICATURE ACT.— Lely and Foulkes' Judicature Act, 
 1873. — Iuoluding the Rules under the Act, and the Orders in 
 Council, with Notes and Introduction, forming a Concise Handy- 
 book of the steps in an action of Law or Equity, and of the Pro- 
 cedure and Practice in the Supreme Court. By J. M. LELY and 
 W. D. I. FOULKES, Esqrs., Barristers-at-Law. (In preparation.) 
 
 Lynch and. Smith's Introduction to the Final 
 Examination. — Being a collection of the questions set by the 
 Incorporated Law Society, with the answers adapted to meet the 
 recent extensive alterations made by the JUDICATURE ACT, 
 
 1873. By H. FOULKS LYNCH, Solicitor, and ERNEST 
 AUGUSTUS SMITH, Solicitor, Clifford's Inn, Prizeman ; Senior 
 Prizeman of the Incorporated Law Society, and Brodrip Gold 
 Medalist, 1872. Vol. I. The Principles of the Law. Post 8vo. 
 
 1874. (Ju»t ready.) 
 
 Vol. II. The Practice of the Supreme Court of Judicature. (In 
 preparation.) 
 
 JURISPRUDENCE. — Phillimore's (J. G.) Jurisprudence. 
 — An Inaugural Lecture on Jurisprudence, and a Lecture on Canon 
 Law, delivered at the Hall of the Inner Temple, Hilary Term, 1851. 
 By J. G. PHILLIMORE, Esq., Q.C. 8vo. 1851. Sewed. ZsM. 
 
 JUSTICE OF THE PEACE.— Arnold's Summary of the 
 Duties of a Justice of the Peace out of Ses- 
 sions. Summary Convictions.— By THOMAS 
 JAMES ARNOLD, Esq., one of the Metropolitan Police Magistrates. 
 8vo. 1860. U. 6s. 
 
 " Mr. Arnold, as a Police Magistrate, knows precisely what are the wants of magistrates, 
 
 and with purpose to supply them he has compiled the volume before us." 
 ' * An excellent and very copious index is appended. Magistrates will find thi* volume 
 
 creatly to aid them in the ready and correct performance of their responsible and onerous 
 
 duties."— low Times, No. 868. 
 
 Burn's Justice of the Peace and Parish Officer. 
 Edited bv the following Barristers, under the General Superinten- 
 dence of JOHN BLOSSETT MAULE, Esq., Q.C, Recorder of 
 Leeds. The Thirtieth Edition. Vol. I. containing titles 
 "Abatement" to " Dwellings for Artizans ;" byTHOS. SIRRELL 
 PRITCHARD, Esq., of the Inner Temple. Vol. II. containing 
 titles"" Easter Offering" to "Hundred;" by SAML. BOTELER 
 BRISTOWE, Esq., of the Inner Temple. Vol. III. containing 
 titles " Indictment " to " Promissory Notes ;" by LEWIS W. 
 CAVE, Esq., of the Inner Temple. Vol. IV. containing the whole 
 title "Poor;" by JAMES EDWD. DAVIS, Esq., Stipendiary 
 Magistrate for Stoke-upon-Trent. (Sold separately, priee £1 lis. 6d.) 
 Vol. V. containing titles "Quo Warranto" to "Wreck;" by JOHN 
 BLOSSETT MAULE, Esq., Q.C, Recorder of Leeds. Five vols. 
 
 8vo. 1869. I 1 - ?*■ 
 
 Since the publication in 1845 of the former Edition of Burn's 
 Justice of the Peace and Parish Officer the whole range of the Law 
 which Magistrates had to administer has undergone more or less 
 alteration, and, indeed, the time which has elapsed since that publi- 
 cation appeared has doubtless worked as great a change in the 
 Magistrates themselves : so that to very many of the Gentlemen now 
 composing the body of Justices the Encyclopedic Work of Burn 
 must be, if not entirely unknown, at least unfamiliar as a book of 
 yg f tj rti n c 6 
 
 Feeling the . importance of a thorough change of Editorship by a 
 more complete division of labour, the Publishers have placed the 
 
18 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 JUSTICE OF THE PEHCE-Contimud. 
 
 present Edition under the able superintendence of Mr. JOHNBLOS- 
 SETT MAULE, Q.C., assisted by several Gentlemen whose practical 
 experience in the subject-matters of their respective volumes war- 
 rants the expectation that the present Work is now the most complete 
 Edition that has ever appeared of the vast mass of miscellaneous 
 titles necessary to be referred to by all engaged in the administration 
 of Magisterial Law. 
 
 Paley. — Vide "Convictions." 
 
 Stone. — Vide " Petty Sessions." 
 
 LAND DRAINAGE.— Thring's Land Drainage Act.— With 
 an Introduction, Practical Notes, an Appendix of Statutes relating 
 to Drainage, and Forms. By THEODORE THRING, Esq., 
 Barrister-at-Law. 12mo. 1861. 7s. 
 
 LAND TAX. — Bourdin's Land Tax. — An Exposition of the 
 Land Tax ; its Assessment and Collection, with a statement of the 
 rights conferred by the Redemption Acts. By MARK A. BOTJR- 
 DIN, of the Inland Revenue Office, Somerset House (late Registrar 
 of Land Tax). Second Edition. Crown 8vo. 1870. 4s. 
 
 LANDLORD AND TENANT.— Woodfall's Law of Landlord 
 and Tenant.' — A Practical Treatise on the Law of Landlord 
 and Tenant, with a full Collection of Precedents and .Forms of 
 Procedure. Tenth Edition. By W. R. COLE, Esq., Barrister-at- 
 Law. Royal 8vo. 1871. 1/. 18s. 
 
 LAW LIST.— Law List (The).— Comprising the Judges and Officers 
 of the different Courts of Justice, Counsel, Special Pleaders, 
 Draftsmen, Conveyancers, Attorneys, Notaries, &c, in England 
 and Wales; to which are added the Circuits, Judges, Treasurers, 
 Registrars, and High Bailiffs of the County Courts, District 
 Registries and Registrars under the Probate Act, Lords Lieu- 
 tenant of Counties, Recorders, Clerks of the Peace, Town Clerks, 
 Coroners, Colonial Judges, and Colonial Lawyers having English 
 Agents, Metropolitan Police Magistrates, Law Agents, Law and 
 Public Officers, Circuits of the Judges and Counsel attending 
 Circuit and Sessions, I ist of Sheriffs and Agents, London Commis- 
 sioners for taking Oaths in Chancery, Queen's Bench, Common 
 Pleas and Exchequer, &c, &c, and a variety of other useful matters 
 so far as relates to Special Pleaders, Draftsmen, Conveyancers, 
 Attorneys, Solicitors, Proctors and Notaries. Compiled bv 
 WILLIAM HENRY COUSINS, of the Inland Revenue Office, 
 Somerset House, Registrar of Certificates. Published annually! 
 By authority. 10s. 6d. 
 
 Law Reports. — FWe pages 26-7. 
 
 LEGACIES — Roper's Treatise on the Law of Lega- 
 cies.— Fourth Edition. By H. H. WHITE. 2 vols. Royal 8 vo 
 1847 - Zl. 3s! 
 
 Trevor. — Vide "Succession." 
 
 LEXICON Vide " Dictionary." 
 
 LICENSJNC— Lely and Foulkes' Licensing Acts 
 1828, 1869, and 1872; Containing the Law of the Sale of 
 Liquors by Retail and the Management of Licensed Houses ■ with 
 Notes to the Acts, a Summary of the Law, and an Appendix of 
 lorms. By J. M. LELY and W. D. I. FOULKE& Esqrs., 
 Barnsters-at-Law. Royal 12mo. 1872. 6s! 
 
STEVENS AND SONS' LA.W PUBLICATIONS. 19 
 
 LIEN.— Cross' Treatise on the Law of Lien and 
 Stoppage in Transitu.— 8vo. 1840. 15s. 
 
 LIGHTS —Woolrych's Practical Treatise on the Law 
 or Window Lights.— Second Edition. 12mo. 1864. 6s. 
 
 LUNACY — Elmer's Lunacy Practice.— Fifth Edition. By 
 JOSEPH ELMER, of the Office of the Masters in Lunacy. 8vo, 
 1872. 21s. 
 
 MAGISTERIAL LAW.— Burn.— Vide " Justice of Peace." 
 
 Leeming and Cross.— Vide " Quarter Sessions." 
 
 Pal ey.— Vide < ' Convictions." 
 
 Stone.— Vide "Petty Sessions." 
 
 MAINTENANCE AND CHAMPERTY. — Tapp on Main- 
 tenance and Champerty.— An Inquiry into the present 
 state of the Law of Maintenance and Champerty, principally as 
 effecting Contracts. By WM. JOHN TAPP, Esq. , of Lincoln's Inn, 
 Barrister-at-Law. l2mo. 1861. is. 6d. 
 
 MANDAMUS. — Tapping on Mandamus. — The Law and 
 Practice of the High Prerogative Writ of Mandamus as it obtains 
 both in England and Ireland. Royal 8vo. 1848. 11. Is. 
 
 MARINE INSURANCE —Vide " Insurance." 
 
 MARTIAL LAW,— Finlason's Treatise on Martial Law, 
 as allowed by the Law of England in time of Rebellion ; with 
 Practical Illustrations drawn from the Official Documents in the 
 Jamaica Case, and the Evidence taken by the Royal Commission of 
 Enquiry, with Comments Constitutional and Legal. By W. F. 
 FINLASON, Esq., Barrister-at-Law. 8vo. 1866. 12». 
 
 MERCANTILE LAW— Brooke.— Fide "Notary." 
 
 Russell.— Fide "Factors." 
 
 Smith's Mercantile Law.— A Compendium of Mercantile 
 Law. By the late JOHN WILLIAM SMITH, Esq. Eighth 
 Edition. By G. M. DOWDESWELL, of the Inner Temple, Esq., 
 one of Her Majesty's Counsel. Royal 8vo. 1871. 11. 16s. 
 
 Tudor's Selection of Leading Cases on Mer- 
 cantile and Maritime Law.— With Notes. By 0. D. 
 TUDOR, Esq., Barrister-at-Law. Second Edition. Royal 8vo. 
 1868. - 11. 18j. 
 
 MINES.— Rogers' Law relating to Mines, Minerals, 
 and Quarries in Great Britain and Ireland ; 
 with a Summary of the Laws of Foreign States and Practical 
 Directions for obtaining Government Grants to work Foreign Mines. 
 By ARUNDEL ROGERS, Esq., Barrister-at-Law. 8vo. 1864. 
 
 11. 10s. 
 
 MORTGAGE.— Coote's Treatise on the Law of mort- 
 gage.— Third Edition. Reyal 8vo. 1850. Nett, 11. 
 
 NAVAL LAW.— Thring.— Vide " Criminal Law." 
 
 NISI PRIUS.— Roscoe's Digest of the Law of Evidence 
 on the Trial of Actions at Nisi Prius.— Twelfth 
 Edition. By JOHN DAY and MAURICE POWELL, Eeqrs., 
 Barristers-at-Law. Royal 12mo. 1870. 11. 15s. 
 
20 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 NISI PRIUS.— Continued. 
 
 Selwyn's Abridgment of the Law of Nisi 
 
 Prius.- Thirteenth Edition. By DAVID KEANE, Q.C., 
 
 Recorder of Bedford, and CHARLES T. SMITH, M.A., one of the 
 
 Judges of the Supreme Court of the Cape of Good Hope. 2 vols. 
 
 Royal 8vo. ' 1869. 21. 16s. 
 
 " We may be sure that a law book which passes through ' twelve editions ' has been 
 
 fully tested and generally approved of by the profession. The work before us comes with 
 
 this high recommendation, and has well earned its title ta a renewal of its term on the 
 
 ground of public utility. It is a good sound work, well conceived, and well arranged — 
 
 afavourite alike with the law student and the advocate in full business. A judiciouscombi- 
 
 nation of old and modern law, of principles and practice, renders it very useful, as a book 
 
 to be carefully studied, as a work of reference in chambers, and as a circuit companion. 
 
 It is far more readable than the works which bear a similar title, and, indeed, may rather 
 
 be termed a Treatise upon Actions at Law, than a mere Nisi Prius book." — Jurist. 
 
 NOTARY — Brooke's Treatise ori the Office and Pra- 
 tiee of a Notary of England. — With a full collection of 
 Precedents. Third Edition. By LEONE LEVI, Esq., F.S.A., of 
 Lincoln's Inn, Barrister-at-Law, Professor of the Principles and 
 Practice of Commerce in King's College, London, &c, &c. 8Vo. 
 1867. 21a. 
 
 NUISANCES— Chambers.— Vide "Public Health." 
 
 OATHS.— Braithwaite's Oaths in Chancery— A Manual 
 for the use of Commissioners to Administer Oaths in Chancery ; 
 being a collection of officially recognised Forms of Jurats and Oaths, 
 with Explanatory Notes and Observations. Second Edition. By 
 THOMAS W. BRAITHWAITE, of the Record and Writ Clerks' 
 Office. Foolscap 8vo. 1864. 3*. Sd. 
 
 Cole's (R.) Oaths in Common Law.— By ROBERT 
 COLE, Solicitor. Foolscap 8vo. 1859. 2*. 
 
 , " This is a useful little work, particularly to Commissioners appointed under the Statute 
 22 "Vict. c. 16. It contains the forms of Oaths and Affirmations to be administered in 
 special and other cases, and the Forms and Recognisances of Bail in Error, to which are 
 appended Explanatory Notes and Observations by Mr. Cole, which will be found of prac- 
 tical utility."— Solicitors' Journal, 15th Oct., 1859." 
 
 PATENTS. — Hindmarch's Treatise on the Law rela- 
 ting to Patents.— 8vo. 1846. 21s. 
 
 PAWNBROKERS.— Turner's Pawnbrokers' Act, 1872.— 
 With Explanatory Notes. By FRANCIS TURNER, Esq., Bar- 
 rister-at-Law, Author of the "Contract of Pawn." 12mo. 1873. 
 
 Nat, 2s. 
 
 PERSONAL PROPERTY. — Smith's Real and Personal 
 Property. — A Compendium of the Law of Real and Personal 
 Property Primarily, Connected with Conveyancing ; Designed as a 
 Second Book for Students, and as a Digest of the most useful 
 Learning for Practitioners. By JOSIAH W. SMITH, B.C.L., 
 Q.C., Judge of County Courts. Fourth Edition. 2 vols. 8vo. 
 1870. ' 11. 18s. 
 
 PETTY SESSIONS.— Stone's Petty Sessions Practice.— 
 With the Statutes, a list of Summary Convictions, and*an Appendix 
 of Forms. Seventh Edition. By THOMAS BELL, and LEWIS 
 W. CAVE, of the Inner Temple, Esqrs., Barristers-at-Law. 12mo. 
 *1863. 18s. 
 
 " It is remarkable for a rare combination of conciseness and clearness in the composi- 
 tion, which have recommended it to magistrates who have not been educated as 
 lawyers, and to whom therefore the books written for the use of lawyers are often obscure 
 by reason of their technicalities. The present editors have preserved this characteristic 
 of Mr. Stone's volume in their own abundant additions to it." — Law Timet. 
 
STEVENS AND SONS'. LAW PUBLICATIONS. 2L 
 
 PLEADING.-- Are hbold.— Fide " Criminal." 
 
 Bullen and Leake's Precedents of Pleadings.— 
 Precedents of Pleadings in Actions in the Superior Courts of Com- 
 mon Law, with Notes. By EDWAliD BULLEN, Esq., and 
 STEPHEN MARTIN LEAKE, Esq., Barristers-at-Law. Third 
 Edition. 8vo. 18C8. 11. lis. 6rf. 
 
 Stephen Oil Pleading. — A Treatise on the Principles of 
 Pleading in Civil Actions ; comprising a Summary Account of the 
 whole proceedings in a Suit at Law-; being the Seventh Edition of 
 Mr. Serjeant Stephen's work under that title, with Alterations 
 adapting it to the Present System. Seventh Edition. By FRANCIS 
 F. PINDER, Barrister-at-Law. 8vo. 1866. 16s. 
 
 POOR LAW. — Davis' Treatise on the Poor Laws, — Being 
 Vol. IV. of Bum's Justice of the Peace. 8vo. 1869. £1 lis. M. 
 
 POWERS.— Fajrwell on Powers.— A Treatise on the Law of 
 Powers. By GEORGE FARWELL, of Lincoln's Inn, Esq., Bar- 
 rister-at-Law. (In the press.) 
 
 PRINCIPAL AND AGENT.— Petgrave's Principal and 
 Agent. — A Manual of the Law of Principal and Agent. By 
 E. C. PETGRAVE. 12mo. 1857. 7s. 6rf. 
 
 PRIVY COUNCIL.— Lattey's Handy Book on the Prac- 
 tice and Procedure before the Judicial Com- 
 mittee of Her Majesty's Most Honourable 
 Privy Council.— By ROBERT THOMAS LATTEY, Attor- 
 ney of the Court of Queen's Bench, and of the High Court of Bengal ; 
 and Advocate of the Courts of British Burmah. 12mo. 1869. 6s. 
 
 PRIZE LAW. — Katchenovsky's Prize Law, particularly with 
 reference to the Duties and Obligations of Belligerents and Neutrals. 
 Translated from the Russian. By E. T. PRATT, D.C.L. 8vo. 
 1867. 10s. 6rf. 
 
 PROBATE. — Browne's Probate Practice : a Treatise on the 
 Principles and Practice of the Court of Probate, in Contentious and 
 Non-Contentious Business, with the Statutes, Rules, Fees, and 
 Forms relating thereto. By GEORGE BROWNE, Esq., Barrister- 
 at-Law. (Author of " Practice for Divorce and Matrimonial Cau- 
 ses.") 8vo. 1873. llli. 
 " A cursory glance through Mr. Browne's work shows that it has been compiled with 
 more than ordinary care and intelligence. We should consult it with every confidence, 
 and consequently recommend it to those who require an instructor in Probate Court prac- 
 tice." — Law Timet, June 21, 1873. 
 
 Dodd and Brooks' Probate Court Practice.— The 
 Law and Practice of the Court of Probate, Contentious and Common 
 Form : with the Rules, Statutes and Forms. By PHILIP 
 WILLIAM DODD, Solicitor, and GEORGE HENRY -BROOKS, 
 Proctor in Doctors' Commons. 8vo. 1865. 11. lis. 6d. 
 
 PUBLIC HEALTH.— Chambers' Digest of the Law- 
 relating to the Public Health and Local 
 Government. — For Sanitary Authorities. With numerous 
 precedents of Bye-laws. A summary of all the Leading Cases on 
 the subject ; various official documents ; copious Indexes, &c. By 
 GEORGE F. CHAMBERS, F.R.A.S., of the Inner Temple, Bar- 
 rister-at-Law, late a Supernumerary Inspector of the Local Govern- 
 ment Board. Sixth Edition. 1874. Imperial 8vo. Sewed. 7s. 6rf. 
 %*"The Digests of Statutes;" Urban; Second Edition ; price 
 3s. 6d. nett; and Rural; Third Edition ; price Is. nett ; may still 
 be had separately. 
 
22 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 PUBLIC LAW*— Bowyer'S Commentaries on Uni- 
 versal Public Law.— By Sir GEOBGE BOWYEE, 
 D.C.L. Eoyal 8vo. 1854. ' It Is. 
 
 QUARTER SESSIONS.— Leeming and Cross' Quarter 
 Sessions Practice. — The General and Quarter Sessions of 
 the Peace : their Jurisdiction and Practice in other than Criminal 
 matters. By HENEY LEEMING and EICHAED ASSHETON 
 CEOSS, Esqra, Barristers-at-Law. Second Edition. (Preparing 
 for Publication.) 
 
 RAILWAYS.— Lely's Railway and Canal Traffic Act, 
 1873. — And other Railway and Canal Statutes ; with the General 
 Orders, Porms, and Table of Pees. Post 8vo. 1873. 8*. 
 
 "This book contains all that such a book should contain. The arrangement is clear and 
 convenient, and from it at a glance can be seen the subject matter of complaint, the 
 decision of the Court, and the ground of each division. — Law Magazine, April, 1S74. 
 
 Browne.— Fide " Carriers." 
 
 Simon's Law relating to Railway Accidents, 
 
 including an Outline of the Liabilities of Railway Companies as 
 Carriers generally, concisely Discussed and Explained. 12mo. 
 1862. - 3s. 
 
 Warry's Law of Railway Rating.— The Law of' Rail- 
 way Eating, together with some Observations upon the Practical 
 Mode of its application. By G. D. WAEBY, Esq., Barrister-at- 
 Low. 12mo. 1866. 10*. 6d. 
 
 REAL PROPERTY.— Dart.— Vide "Vendors and Purchasers." 
 
 Shelford's Real Property Statutes.— Eighth Edition. 
 By THOMAS H. CAESON, Esq., of Lincoln's Inn, Barrister- 
 at-Law. 8vo. 1873. 11. 10*. 
 
 Smith's Real and Personal Property.— A Com- 
 pendium of the Law of Eeal and Personal Property, primarily 
 connected with Conveyancing. Designed as a second book for 
 Students, and as a digest of the most useful learning for Practi- 
 tioners. By JOSIAH W. SMITH, B.C.L., Q.C. Fourth Edition. 
 In two convenient volumes. 8vo. 1870. 11, 18*. 
 
 "As a refresher to the memory, and a repository of information that is wanted in daily 
 practice, it will he found of great value."— Jurist, April S, 1856. 
 
 "It -will be seen from this outline that the work is extremely well planned; the topics 
 are arranged in the natural order as they flow out of one another, and thus immensely aid 
 the reader's memory. He writes like a man who is master of his theme, clearly and con- 
 cisely." — Law Times, Dec, 1855. 
 
 '• A portly, admirable volume. . . . He has given to the student a book which he may 
 read over and over again with profit and pleasure."— Law Times, Jan. 21, 1865 
 
 "The work before us will, we think, be found of very great service to the practitioner " 
 —Solicitors' Journal, Jan. 21, 1865. 
 
 " By far the most valuable of the advanced text books on Conveyancing is the thick 
 volume of Mr. J. W. Smith. ... I know of' no volume which so entirely fulfils the 
 requirements of a student's text book."— From Db. Kollit's Lecture, [The first three 
 editions were in one vol.] 
 
 RECORD AND WRIT.— Braithwaite's Record and Writ 
 Practice.— With Practical Directions and Observations. Bv 
 T. W. BEAITHWAITE, of the Eecord and Writ Clerks' Office. 
 8vo. 1858. jg,_ 
 
STEVENS AND SONS' LAW PUBLICATIONS. 23 
 
 REFEREES' COURT.— Will's Practice of the Referees' 
 Courts in Parliament, in regard to Engineering Details, 
 Efficiency of WorkB, and Estimates, and Water, and Gas Bills: ; with 
 a Chapter on Claims to Compensation. By JOHN SHIKESS 
 WILL, Esq., Barrister-at-Law. 8vo. 1866. 11. Is. 
 
 REPORTS.— Fide pages 26-7. 
 
 ROMAN LAW.— Cumin.— Vide" Civil." 
 
 Colquhoun's Roman Civil Law. — A Summary of the 
 Roman Civil Law, illustrated by Commentaries on, and Parallels 
 from the Mosaic, Canon, Mohammedan, English and Foreign Law. 
 By Sir PATRICK MAC CHOMBAICH DE COLQUHOUN, 
 LL.D. (late Chief Justice of the Ionian Islands). 4 vols. Royai 
 8vo. 1849-60. 41. is. 
 
 Greene's Outlines of Roman Law. — Consisting chiefly 
 of an Analysis and Summary of the Institutes. For the use of 
 Students. By T. WHITCOMBE GREENE, B.C.L., of Lincoln's 
 Inn, Barrister-at-Law. New Edition. Foolscap 8vo. 1872. 6s. 
 
 Phillimore's Introduction to the , Study and 
 History of the Roman Law.— 8m 1848. 15s. 
 
 SAUNDERS' REPORTS.— Williams' (Sir E. V.) Notes to 
 Saunders' Reports. — Notes to Saunders' Exports. By the 
 late Serjeant WILLIAMS. Continued to the present time by the 
 Bight Hon. Sir EDWARD VAUGHAN WILLIAMS. 2 vols. 
 Royal 8vo. 1871. %l- 10s. 
 
 " Instead of the old text of ' Saunders' Reports,' which contains so large an extent of 
 what is now useless matter, we -have here an abridgment of the several cases, to which 
 the old notes are applied. The Pleadings also are omitted, as entirely without value in 
 the existing state of the law. The present work is in fact an adaptation of ' Williams' 
 Saunders' to the law as it now* exists ; and this is effected in a manner advantageous for 
 practical purposes, but without rendering less solid the learning which is here so amply 
 displayed." — Law Magazine, August, 1871. 
 
 SETTLED ESTATES.— Brickdale's Leases and Sales of 
 Settled Estates Act.— 19 & 20 Viot.^ c. 120, and the 
 General Orders and Regulations relating thereto. With an Intro- 
 duction and Notes, and a Supplement, containing the Amending Act, 
 21 and 22 Vict., c. 77, and the Cases and Decisions down to the end 
 of Easter Term, 1861. By M. I. FORTESCUE BRICKDALE, 
 of the Middle Temple and Lincoln's Inn, Barrister-at-Law. 12mo. 
 1861. . 5s - 
 
 SHERIFF.— Howard on Sheriffs,-— A Complete Treatise on the 
 Law of Sheriffs ; embracing the latest Decisions, with full Directions 
 for the Guidance of Under Sheriffs and their Officers ; and Appendix 
 of Statutes, Oaths, Forms of Returns, &c. By J. MORGAN 
 HOWARD, of the Middle Temple, Esq., Barrister-at-Law. [Pre- 
 paring for publication. ) 
 
 SHIPPING, and vide " Admiralty." 
 
 Greenhow's Shipping Law Manual.— A concise 
 Treatise on the Law governing the Interests of Ship Owners, 
 Merchants, Masters, Seamen, and other persons connected with 
 British ships, together with the Acts of Parliament, Forms, and 
 Precedents relative to the subject, being specially intended for 
 popular use in Seaport Towns. By WILLIAM THOMAS 
 GREENHOW, of the Middle Temple, Esq., Barrister-at-Law. 8vo. 
 
 1862. 
 
 20s. 
 
24 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 STAMP LAWS.— Tilsley's Stamp Laws.-A Treatise on the 
 Stamp Laws, being an Analytical Digest of all the Statutes and 
 Cases relating to Stamp Duties, with practical remarks thereon. By 
 the late HUGH TILSLEY, Assistant Solicitor of Inland Kevenue. 
 Third Edition. With Tables of all the Stamp Duties payable in 
 the United Kingdom after the 1st January, 1871, and of Former 
 Duties, &c, &c. By EDWARD HUGH TILSLEY, of the Inland 
 Kevenue Office. 8vo. 1871. 18s. 
 
 STATUTES. — and yide " Acta of Parliament. 
 
 Biddle'S Table of Statutes. — A Table of References to 
 unrepealed Public General Acts, arranged in the Alphabetical Order 
 of their Short or Popular Titles. By JOHN BIDDLE, of the 
 Master of the Rolls' Chambers. Second Edition, much Enlarged, 
 and Corrected (by a Supplement) to the end of the Session, 1870 ; 
 including References to all the Acts in Chitty's Collection of 
 Statutes. Royal 8vo. 1870. (Published at 9s. 6d.) Mtt,2s.6d. 
 
 Chitty's Collection of Statutes, with Supple- 
 ments, to 1873.— A Collection of Statutes of Practical Utility ; 
 with notes thereon. The Third Edition, containing all the Statutes 
 of Practical Utility in the Civil and Criminal Administration of 
 Justice to the Present Time. By W. N. WELSBY and EDWARD 
 BEAVAN, Esqrs., Barristers-at-Law. In 4 very thick vols. Royal 
 8vo. 1865. 122. 12s. 
 
 Supplemental Volume to the above, comprising the Statutes 
 1865—72. By HORATIO LLOYD, Esq., Barrister-at-Law. Vol. I. 
 Royal 8vo. 1872. 3/. 4s. 
 
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 SUCCESSION DUTY- Discount Tables, for Calculating the 
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NEW WOEKS AID EEW EDITIONS 
 
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