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the order for paying in the money, it is competent for any interested party to apply to the Court, by motion for a separate order for the purpose; this order also directs the interest or accumulations of the money to be in like manner laid out, from time to time, in the same securities. The Accountantgeneral will, under this order, upon a written request from the agent invest the money as directed; and, as the interest and accumulations from time to time amount to a proper sum, will, on a similar request, lay them out in like manner. Money paid into the Court of Chancery is usually invested in the three per cent. consols. Where stock is ordered to be transferred into the name of the Accountant-general in trust in the cause, a similar order to that which has been described should be obtained for laying out the dividends so that they may not be unproductive. The parties in the cause who are ultimately entitled to the money or stock, will have the benefit of the accumulations. The plaintiff's solicitor is generally the person whose duty it is to see that the investments are duly and regularly made, and if they are not, he may be held liable to make good the loss occasioned by the neglect; he should, therefore, in all cases take care to ascertain from his agent that the capital is duly invested, and also the dividends as they become due and amount to the proper sum.

Where money is ordered to be paid out of Court the person who is to receive it may do so by personally attending, together with his agent to identify him at the Accountant-general's office in London; but where he resides in the country, the agent will procure from the Accountant-general's office a power of attorney authorizing himself to receive the money, this blank power is sent into the country, together with a form of affidavit and directions as to its execution, &c. (which must be most scrupulously attended to); when it is properly executed and the affidavit made, the power and affidavit are to be returned to the agent who will obtain the money out of Court,

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and dispose of it as may be directed. A banker or any other person residing in London, may, if preferred, be named in the power of attorney instead of the agent. The expense of such a power of attorney is about 27. 68. 8d., and, therefore, where small debts have been proved by creditors before the Master, it is not worth while to incur this expense; in such a case, if there be a good many of such small debts, the solicitor may, on petition, obtain an order for the money to be paid to him, and he deducts the expense of the petition, pro rata, from the various debts, and pays the balances over to the various creditors; this mode of proceeding, must, however, be consented to by them. Where there are a number of small creditors, and the estate is known to be sufficient to pay all debts in full, the executor ought not to suffer such creditors to prove their debts in the Master's office, but ought to pay them and charge them in his accounts; this, it is obvious, will save the creditor expense and trouble.

Where a married woman is to receive money out of Court, a petition must be presented by herself and her husband, that the money may be paid to some particular person specified in the petition, usually the husband. There should be an affidavit in support of the petition, stating that no settlement has been made, or agreement for a settlement entered into, affecting or relating to the particular money in question. The petition is sent down for hearing, and if the married woman happen to be in London she attends the Court personally, and is examined by the Judge, who thereby satisfies himself that she freely consents to the money being paid in the manner proposed, and an order is accordingly made as prayed, upon which the person named in the order may receive the money in either of the ways just pointed out.

If the married woman reside more than twenty miles from London, and cannot, or for any reason will not, attend in Court, a petition is to be presented

-970 II

28 TTT 17 20047 ANTELTY

by her and her husband, praying that she may be examined separate and apart from her husband by certain parties named in the petition (usually four solicitors not engaged in the cause), or any two of them, as to the application and disposal of the money on this petition an order is made as prayed, adding directions as to their mode of proceeding, which are those about to be given. When the order is obtained, it is sent into the country, and two of commissioners named in it meet, but previously their examining the married woman, she and her husband must make an affidavit (a), that the husband has not made any settlement or provision for his wife and the issue of the marriage, or entered into any agreement to do so; or in case he has made a settlement or agreement, that the sum of money in question, or any part thereof, is not in any way subject to the uses or trusts of such settlement or agreement. The two commissioners must then examine the wife separately and apart from her husband, and the examination must be taken down in writing, and must be signed by the wife in the presence of a witness. Under the examination the Commissioners must place a certificate, which they must sign in the presence of the witness, and having done so, the witness must make an affidavit verifying the signatures of the wife and the commissioners (b). The commissioners are each entitled to a fee of 13s. 4d. The order, affidavit of the husband and wife, examination, commissioners' certificate and affidavit of the witness, must then be returned to the agent in London, who, upon receiving it, will present another petition, praying that the money may be paid out of Court according to the desire of the married woman, as expressed in the examination vdje u porem onl


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and certificate, upon which an order will be made accordingly.

It frequently happens, that under decrees or orders, annuitants and other persons are entitled for their lives to receive the dividends of stock standing in the name of the Accountant-general; where such persons reside in the country, it is usual to obtain a power of attorney from the Accountant-general's office, which must be executed and verified in the manner before described, authorizing some person resident in London to receive the dividends as they from time to time become due, and such person may receive them accordingly; but, before each payment is made, a certificate (the form of which may be obtained from the Accountant-general's office) of the person entitled to the dividends being alive at the time the dividend became due, or at a subsequent period, as near the time the dividend is applied for as may be, must, on each occasion, be produced at the Accountant-general's office; the persons giving this certificate must be the minister and churchwardens of the parish where the person resides; if, for any reason, such certificate cannot be conveniently obtained, an affidavit of some reputable person to the same effect will answer the purpose. The Accountant-general will not act upon the certificate or affidavit after a month from the date of it has elapsed, but, if that be the case, will require a fresh one.

Where the order is for transferring stock in Court into the name of a person entitled to it, this will be seen to by the agent, without troubling the country solicitor (except for the correct name, residence, and addition of the party), unless in the case where a married woman is entitled to the stock, in which case similar proceedings to those described with respect to money must be taken to satisfy the Court that the transfer into the name of the person proposed is with her free consent.

A person who has duly served under articles to an attorney or solicitor, may be admitted a solicitor of the Court of Chancery, either before or after he has been admitted an attorney of the Common Law Courts, or any of them. If he be admitted first in Chancery, he must be examined as to his knowledge and fitness, in a similar manner to what is now the practice previously to admission in the Common Law Courts; but it happens very rarely that the admission in Chancery takes place first, and therefore I think it unnecessary to enter at any length into the subject. The day appointed for admitting solicitors in Chancery is always the day after the end of the term; and the applicant having obtained his admission in one of the Common Law Courts, the agent with whom he happens to be connected, will see to the necessary formalities in order to the admission in Chancery.

The rules as to delivering a signed bill for business done in Chancery, a month before proceeding to recover the amount, as to the taxation of it, and the consequence of less or more than a sixth part being deducted on taxation, being founded on the same statute, are the same in the Court of Chancery as in the Common Law Courts, and therefore I consider it unnecessary to go into these subjects here.

There is nothing peculiar which need be noted in the taxation of a Solicitor's Bill of Costs in Chancery; the different charges must be properly vouched by the production of the necessary papers and documents, and payments must be supported by the production of roper vouchers for them, or by affidavit, where they are of such a nature that the solicitor would not, in the ordinary course of business, be in possession of vouchers. The solicitor whose bill is under taxation, must give credit on oath for all sums of money he has received; and if the party taxing the bill be not satisfied with the credits so given, he may obtain leave to examine the solicitor

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