and A. O. P. G., A. B., J. F., and L. F. M. M., in the manner directed by the Act of the 18 & 19 V. c. 90.

(Insert in Lodgment Schedule.)
Marsh v. Joseph.

Ledger Credit as above. Money replaced pursuant to Order dated

Marsh v. Joseph, C. A., 18 Dec. 1896, B. 1804; S. C., 1897, 1 Ch. 213, C. A.

Ledger Credit [If same title of cause or matter] " as above" [add account, if any].

4. Lodgment of cash from Cash from time to time in C. B.

time to time.

his hands as part of the
estate of X., not less than
£100.

66

500 0 0

5. Cash paid under r. 31 Amount paid to suspense John Adams (Plt) 1,000 0 0 to suspense account.

account.

PAYMASTER-GENERAL.-GENERAL REGULATIONS.

By the Court of Chancery (Funds) Act, 1872 (35 & 36 V. c. 44), amended and extended to all the Divisions of the Supreme Court by the Supreme Court of Judicature (Funds, &c.) Act, 1883 (46 & 47 V. c. 29), the office of Accountant-General was abolished, and that of Paymaster-General established, with similar duties, re-moulded by the Act.

By O. LXII, 16, "all orders for the payment or transfer of money or securities into Court to the account or credit of the Paymaster-General, and for the payment or transfer of money or securities out of Court by the Paymaster-General, are to be drawn up in conformity with such rules relating thereto as shall be from time to time made under the Court of Chancery Funds Act, 1872, or any Act amending the same.'

By S. C. F. R. 1894, r. 2, all other rules and general orders prescribing the mode of dealing with funds in Court are revoked, and by r. 3 terms are defined.

By r. 5, every order directing funds to be lodged in Court is to have a lodgment schedule annexed thereto, which shall be headed with the title of the cause or matter, the date of the order, and the title of the ledger credit to which the funds are to be placed, and shall set out in tabular form (a) the name or a sufficiently identifying description of the person by whom the funds are to be lodged; (b) the amount, if ascertained, and the description of the funds. The authority for a lodgment of the proceeds of sale of any property which has been directed by an order to be sold, and for lodgment of receivers' balances, may be a lodgment schedule signed by a chief clerk (now a Master of the Supreme Court), and such lodgment schedule shall operate in the same manner as a lodgment schedule annexed to an order. The lodgment schedule may direct the investment and accumulation of interest on the funds to be lodged, and may also direct that the funds shall not be dealt with without notice to the purchaser or other person named in the schedule.

By r. 10, the lodgment and payment schedules respectively are to contain the whole of the instructions intended to be acted upon by the Paymaster, and all particulars necessary to be known by him, so far as the saine are capable of being expressed at the date of the order, and the Paymaster is only to be responsible for giving effect to such instructions as are expressed in the schedules thereto. The instructions and particulars contained in the schedule are not to be set forth in the body of the order, but are only to be therein referred to as appearing by the schedule, unless for any special cause it may, in the opinion of the Judge by whom the order is made, or the registrar by whom the same is drawn up, be necessary to set forth some part of such instructions or particulars, both in the body of the order and in the schedule.

By r. 22, when an order is made dealing with funds in Court in accordance

with agreed minutes, the solr of the party whose duty it is to procure the order to be drawn up is to lodge with the registrar or other proper officer, for his consideration, draft schedules, in the same form as the lodgment and payment schedules to an order, and containing the particulars required to be contained in such schedules.

By r. 23, every order which is to be acted upon by the Paymaster is to be drawn up and entered by the registrar, unless the Judge otherwise directs, and is either to be wholly printed, or, in cases in which printed forms can be used, partly in print and partly in writing.

By r. 24, when any order to be acted upon by the Paymaster is left for entry, a further copy of the schedules thereto, initialled by the registrar and stamped with his official seal on every leaf, shall be left therewith. Such further copy of the schedules shall be examined and sealed and marked with reference to the order as entered, and shall be sent to the Paymaster.

A copy of a lodgment schedule, signed by a chief clerk (now by a Master of the Supreme Court) under r. 5, shall be sent to the Paymaster by the chief clerk (now by a Master of the Supreme Court).

The following regulations have been issued by the registrars (see 30 Sol. Jo. 717):

Regulations Concerning the Transmission of Schedules to the Paymaster. The entering clerks will transmit schedules direct to the Paymaster immediately after the order is entered.

For this purpose the entering clerks will keep a book or books in which will be entered the title of each order and its date, and the book containing these entries will be sent, with the schedules, to Room No. 106, where the chief of the room then present will sign the book by way of receipt for the schedules then left.

It will be observed that in no case will a schedule ever be in the hands of the solr, and, as a fact, the Paymaster will refuse to accept schedules by any other channel than through the entering clerks. By this means a complete record will be preserved of all schedules in the hands of the Paymaster.

The Paymaster undertakes the duty of distributing the schedules among the several divisions of his department.

By r. 25, the copy of the schedules to an order sent to the Paymaster is to be his authority for giving effect to the several operations directed therein; and no part of the order other than the schedules is to be sent to him.

By r. 26, additional copies of orders according to the requirements of the parties may be printed and issued as office or certified copies.

By r. 27, accidental errors may be amended in writing, but no amendment is to be made to provide for a new state of circumstances arising after the date of the order, nor for extending the time limited for making any payment into Court.

Where the alteration is formal, and all parties consent, the registrar will make the amendment, but where the parties do not consent, there must be a summons or motion under O. xxvIII, 11. A party unreasonably refusing to consent may be ordered to pay the costs of the application.

By r. 96 the Paymaster may, when he requires evidence for carrying into effect any order, act on affidavits or statutory declarations.

And by r. 99 he may, upon a request in writing made by or on behalf of a person claiming to be interested in any funds in Court to the credit of an account specified in such request, issue a certificate of the amount and description of such funds, on the morning of the day of the date thereof, and not having reference to the transactions of that day, notifying the dates of any orders restraining the transfer, &c. of such funds, and any charging orders affecting them of which he has had notice, and the names of the persons to whom notice is to be given, or in whose favour such orders have been made.

And when a cause or matter has been inserted in the list referred to in r. 101, the fact is to be notified on the certificate relating thereto: r. 99. By r. 100, the Paymaster may, upon a like request, issue a transcript of the

account; and, if so required by the person to whom it is issued, such transcript shall be authenticated at the Audit Office, and the Paymaster may supply such information as may be required.

By r. 101, a list is to be prepared by the Paymaster, and published on or before 1 March in every third year, of any funds amounting to or exceeding 501. which have not been dealt with for fifteen years.

By r. 102, small balances which have not been dealt with for five years are to be carried over to a separate account.

By R. S. C., O. XXII, 12b, "every petition or summons for dealing with funds which have been placed in the list of dormant funds shall contain a statement that such funds have not been dealt with for fifteen years or upwards, and where such funds shall amount to, or exceed in value, 5007., a copy of such petition or summons shall, unless the Court or Judge shall otherwise direct, be served on the official solr of the Court."

Costs of the official solr occasioned by the neglect of a tenant for life in not applying for the dividends were payable, not by the railway co. by whom the money had been paid in under the L. C. C. Act, but out of the portion of the fund belonging to the tenant for life: Re Clarke's Estate, 21 Ch. D. 776.

PAYMASTER GENERAL. -ORDERS IN LUNACY.

By sect. 145 of the Lunacy Act, 1890 (53 V. c. 5), where an order relates to the depositing of any funds or securities in Court, or the disposal by the Paymaster of the funds or securities in Court, to the credit of the matter of a lunatic, the Paymaster and the Bank and all other persons are to act on an office copy of the order; and by sect. 147, forging the signature of a Master in Lunacy is a felony.

As to transfer of securities out of Court, and dividends accruing thereon, see S. C. F. R. r. 6.

In the S. C. F. R. 1894, r. 3, the word "order" includes a report of a Master in Lunacy confirmed by fiat, and a certificate of a Master in Lunacy to be acted on without further order; and the notes as to form, &c., of orders dealing with funds in Court generally apply to orders and reports in Lunacy.

Formerly orders in Lunacy were required to be passed and entered by a Chancery registrar before being acted on by the Acc. Gen. They are now drawn up by the Masters in Lunacy (Rules in Lunacy, 1890, r. 59), and printed under their direction and control. Orders made concurrently in Chancery and in Lunacy dealing with funds in Court are passed and entered both by the registrar in Lunacy and one of the registrars in Chancery.

By the Rules in Lunacy, 1890, r. 116, all orders for the appointment of committees, and for the allowance of maintenance, are to be deemed to take effect only until further order; and see r. 121 as to transferring into Court stock of a lunatic, when no one is named in the order to make the transfer.

By the Rules in Lunacy, 1890, r. 2, the Lunacy Orders, 1883, are annulled.

By Ch. Funds Lunacy Orders, 1874, rr. 4, 5, future orders and certificates of Masters for 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; and orders or certificates made before and not acted on at the commencement of these orders are to be construed as if they contained such direction.

And by r. 6, no declaration 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.

According to the present practice in Lunacy, no order in the nature of a stop order can be made in favour of a person claiming part of the lunatic's estate as assignee of the next of kin : Re Wilkinson, 10 Ch. 73.

VOL. I.

P

By the Jud. Act, 1873, s. 18 (5), the appellate jurisdiction in Lunacy of the Privy Council is transferred to the C. A., and the general jurisdiction in Lunacy is not transferred to the High Court generally (s. 17), but to such of the Judges (including the present Lords Justices) as may be intrusted, &c. The jurisdiction of the L. C. is, apparently, not affected (Jud. Act, 1873, s. 94). A petition by the exors of a deceased lunatic for the payment of a balance in Court should be served on the committee, though his accounts be passed and his security discharged: Re Wylde, 5 D. M. & G. 25.

BRINGING FUNDS INTO COURT.-SUPREME COURT FUNDS RULES, 1894.

By r. 29, all funds to be paid into or deposited in Court are to be paid or deposited at the Law Courts Branch of the Bank of England, and placed in the books of the Bank to the account of the Paymaster; and the Bank shall cause a receipt to be given to the person making the payment or deposit. All securities to be transferred into Court shall be transferred to the said account in the books of the Bank or other co. in whose books such securities are registered. Effects deposited in Court are to be in locked boxes, or otherwise secure, so as to satisfy the Bank, and the Bank may inspect the contents of the box in the presence of the person depositing it.

A direction for lodgment of money directed by an order or (in the case of purchase-money or receiver's balances) by a lodgment schedule signed by a chief clerk (now Master), will be issued by the Paymaster on receipt of a copy of the lodgment schedule, and for lodgment under the Trustee Act, 1893, upon receipt of an office copy of the schedule, to the trustee's affidavit mentioned in r. 41: r. 30. Separate directions may be given for lodgment of a part of a sum directed to be lodged; and directions for lodgment at Liverpool or Manchester may be issued by the respective district registrars: Ibid. A lodgment of funds not directed by an order may be made upon a direction to the Bank or other co. to be issued by the Paymaster on a request signed by or on behalf of the person desiring to make such lodgment: Ibid. No lodgment can be to a separate account (except to a security for costs account) except under an order: Ibid. The forms of request are set out in Forms 8, 9, and 10 to the rules; and see D. C. F. 894 et seq. A request for a direction may be sent to the Paymaster by post, and the direction returned by post: r. 35.

Rule 31 provides for payment into Court in urgent cases to a suspense account. Although an order limits a time for lodgment, the lodgment may be made after the time has expired, but without prejudice to any liability, process, or other consequence to which the person making the lodgment may have become subject: r. 36.

The Paymaster files a certificate of lodgment, and an office copy of such certificate is to be received as evidence: r. 38.

In the case of money lodged under the Lands Clauses Consolidation Act or the Copyhold Acts, rr. 39 and 40 prescribe the particulars to be stated in the account to be raised and in the request for direction to lodge.

By r. 41, "where a legal pers. represve desires to lodge funds in Court, under the Trustee Act, 1893, without an affidavit, he shall leave with the Paymaster a request, signed by him or his solr, with a certificate of the Commrs of Inland Revenue; such request and certificate to be in the Form No. 16 in the Appendix to the Rules, with such variations as may be necessary, or, as regards such certificate, in such other form as shall from time to time be adopted by the said Commrs, with the consent of the Lords Commrs of Her Majesty's Treasury. The money or securities so lodged shall be placed to the credit mentioned in such request."

When a trustee or other person desires to lodge funds in Court in the Chancery Division under the Trustee Act, 1893, upon an affidavit, he shall annex to such affidavit a schedule in the same printed form as the lodgment schedule to an order setting forth (a) his own name and address; (b) the amount and description of the funds proposed to be lodged in Court; (c) the ledger credit in the matter of the particular trust to which the funds are to be placed; (d) a statement whether legacy or succession duty (if chargeable) or any part thereof has or has not been paid; (e) a statement whether the money or the dividends on the securities so to be lodged in Court, and all