c. 35. resolution passed at any time before such house of 13& 14Vict. parliament shall have actually sat thirty-six days after such rules, orders and regulations shall have been laid before such house of parliament, resolve that the whole or any part of such rules or orders ought not to continue in force, in such case the whole or such part thereof as shall be so included in such resolution shall from and after such resolution cease to be binding and obligatory on the said court; provided also, that no such rule or order as aforesaid shall by virtue of this act be of the like force and effect as if the provisions therein contained had been expressly enacted by parliament, unless the same shall be expressed to be made in pursuance of this act; and that every such rule or order so expressed to be made in pursuance of this Rules and act which shall not be laid before both houses of orders not laid before parliament within the time by this act limited for parliament that purpose shall from and after the expiration of within time such time be absolutely void and of no effect. void. XXXII. That in the meantime and until any Until rules or such general rules or orders shall be made, and in so far as the same, when made, shall not be appli- not applicable cable, the proceedings under this act shall be practice to be governed and regulated by the provisions herein contained so far as the same extend, and in so far as the same do not extend shall, as well with respect to the persons who ought to be made parties to special cases as in every other respect, be governed and regulated by the rules, orders and practice of the said court in suits instituted by bill, so far as the same can be applied thereto; and, subject to such general rules and orders as aforesaid, the costs of all proceedings under this act shall be in the discretion of the said court. limited to be orders are made, and if when made, according to practice of this act and the court. orders to be XXXIII. That all decrees and orders made Decrees and under the provisions of this act shall be subject to subject to re-hearing, appeal and review, and may be dis- appeal, &c. charged and varied, in the same and the like manner as decrees and orders of the said court made in suits instituted by bill. XXXIV. That the following words and expres- Interpretasions in this act shall have the several meanings tion of terms c. 35. 13& 14Vict. hereby assigned to them, unless there be something either in the subject or in the context repugnant to such construction: Commence ment of act. Words importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number; Words importing the masculine gender only shall include females; The expression "Lord Chancellor" shall mean and include the Lord Chancellor, Lord Keeper and Lords Commissioners of the great seal of the united kingdom for the time being; The word "master" shall mean master in ordinary of the high Court of Chancery in England; The word "lunatic" shall include idiots and per- XXXV. That this act shall commence and take effect from and after the first day of November, one thousand eight hundred and fifty. SCHEDULE referred to by the foregoing Act (a). [Date.] In the matter of A. B. late of in the county of banker [or as the case may be] deceased. of Upon motion this day made unto this court by Mr. counsel for C. D. of the executor [or administrator] of the above-named A. B. [or upon the humble petition of C. D. of the executor (or administrator) of the said A. B., this day preferred unto the Right Honourable the Master of the Rolls for the reasons therein contained], it is ordered, that it be referred to the master of this court in rotation to take an account of the debts and liabilities affecting the personal c. 35. estate of the said A. B., and to compute interest on such of 13& 14 Vict. the said debts and liabilities as carry interest, after the rate of interest the same respectively carry; and the said master is to cause an advertisement to be published in the London Gazette, and such other public papers as he shall think fit, for the persons claiming in respect of any such debts or liabilities to come in before the said master and prove their debts and claims, and he is to fix a peremptory day for that purpose; and such of the said creditors as shall not come in and prove their debts and claims by the time so to be limited are to be excluded the benefit of this order: and it is ordered, that the said master do distinguish debts from liabilites, and liabilities certain from liabilities contingent: and it is ordered, that the personal estate of the said A. B. be applied in payment and satisfaction of such debts and liabilities of the said A. B. in a due course of administration; and for the better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said master, upon oath, all deeds, books, papers, and writings in their custody or power relating thereto, and are to be examined upon interrogatories as the said master shall direct; and any of the parties are to be at liberty to apply to the court as there shall be occasion. (a) Ante, s. 19, p. 127. COURT OF APPEAL IN CHANCERY. An Act to improve the Administration of Justice [7th August, 1851. WHEREAS it is expedient that further provision should be made for the administration of justice in the High Court of Chancery and in the Judicial Committee of the Privy Council, be it therefore enacted, as follows: point two per Court of Ap I. It shall be lawful for her majesty, from time Power to her to time, by letters patent under the great seal of the majesty to apunited kingdom, to appoint two persons, being or sons to be having been respectively barristers at law of fifteen judges of the years standing, to be judges of the Court of Appeal peal in Chanin Chancery, and every judge so appointed shall cery. hold his office during good behaviour; provided always, that it shall be lawful for her Majesty to c. 83. 14&15 Vict. remove any such judge from his office upon an address of both houses of parliament; and the Lord Chancellor together with such two judges for the time being, appointed as aforesaid, shall form the Court of Appeal in Chancery. Power to appoint secretary, and trainbearer for usher each judge. Precedence of judges of peal. II. It shall be lawful for her majesty, in and by such letters patent as aforesaid, or by any other letters patent under the great seal of the united kingdom, to direct that each of the judges to be appointed in pursuance of this act shall have a secretary, usher and trainbearer, to be from time to time appointed and removed by such judge at his pleasure; and the secretaries, registrars, and other officers appointed to attend the Lord Chancellor, shall attend the said Court of Appeal and the respective judges thereof as circumstances shall require and the Lord Chancellor shall direct. III. The said judges shall be styled Lords JusCourt of Ap- tices of the Court of Appeal in Chancery, and shall have rank and precedence next after the Lord Chief Baron of the Court of Exchequer, and as between themselves shall have rank and precedence according to the order and time of their appoint Judges of oath. ment. IV. Every judge so appointed shall previous to peal to take his executing any of the duties of his office take the following the following oath, which the Lord Chancellor or the Master of the Rolls for the time being is hereby respectively authorized and required to administer: "I do solemnly and sincerely promise and swear, that I will duly and faithfully, and to the best of my skill and power, execute the office of Lord Justice of the Court of Appeal in Chancery. So help me God." V. From and after the first day of October, one the jurisdic thousand eight hundred and fifty-one, all the jurisdiction of the High Court of Chancery in England, which is now possessed and exercised by the Lord Chancellor in the said Court of Chancery, and all powers, authorities and duties, as well ministerial as judicial, incident to such jurisdiction, now exercised and performed by the Lord Chancellor, shall Court of Appeal to have tion now exercised by the Lord Chancellor. and may be had, exercised and performed by the 14&15Vict. said Court of Appeal. c. 83. now exer cellor as a Chancery peal. VI. Where under any act of parliament any statutory jurisdiction is vested in the Lord Chancellor, or jurisdiction any power, authority or duty is to be exercised or cised by the performed by the Lord Chancellor, and under the Lord Chandirections of any act or by the usage in this behalf judge in such power, authority or duty is or ought to be may be exerexercised or performed by the Lord Chancellor, cised by the acting judicially in the said Court of Chancery, all Court of Apsuch jurisdiction, power, authority and duty, and the ministerial powers and authorities incident thereto or consequent thereupon, which are now exercised and performed by the Lord Chancellor, shall from and after the said first day of October, one thousand eight hundred and fifty-one, be had, exercised and performed by the said Court of Appeal. of Vice-Chan transferred to VII. From and after the first day of October, Jurisdiction one thousand eight hundred and fifty-one, all the cellor in powers, authorities and jurisdiction, original and bankruptcy appellate, given and granted to the Vice-Chancellor the Court of of the said Court of Chancery, or any of them, under Appeal. the Bankrupt Law Consolidation Act, made and passed in the year one thousand eight hundred and forty-nine, or otherwise had, possessed, or exercised by the said Vice-Chancellors, or any of them, in matters of bankruptcy, shall be granted to, vested in, exercised and possessed by the said Court of Appeal; and all the provisions of the said act in relation to such appeals to such Vice-Chancellor shall be construed accordingly: provided always, that there shall not be any appeal from the decision of the said Court of Appeal to the Lord Chancellor, anything in the said Bankrupt Law Consolidation Act to the contrary notwithstanding. judges may sit on request of Lord Chan VIII. It shall be lawful to the said Court of Common law Appeal and the Master of the Rolls, and the ViceChancellors, and for each of the said jurisdictions, to sit, with the assistance of any judge of either of her majesty's courts of common law at Westminster, upon the request of the Lord Chancellor, if cellor. |
