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proceeding in the said court, it shall be lawful for 158 16Vict. the said court if it shall think fit, upon payment of such costs as such court shall direct, to make make order such order giving effect to and rectifying such pro-costs. ceedings as may be justified by the merits of the case.
LXI. It shall not be lawful for the said Court Court of of Chancery, in any cause or matter, to direct a
to direct cases case to be stated for the opinion of any court of to be stated
for opinions common law, but the said Court of Chancery shall have full power to determine any questions of law, cur to decide which in the judgment of the said Court of Chan- the same. cery shall be necessary to be decided previously to the decision of the equitable question at issue between the parties (o).
(0) The common law judges may sit in the Court of Chancery on the request of the Lord Chancellor. (14 & 15 Vict. c. 83, s. 8.) As to the practice of stating cases for the opinion of a court of law, see Dan. Ch. Pr. 1086—1089, 2nd ed.; Smith's Handbook Ch. Pr. 590; 13 & 14 Vict. c. 35,
of court of
LXII. In cases where, according to the present court may practice of the Court of Chancery, such court de- determine clines to grant equitable relief until the legal title party seeking or right of the party or parties seeking such relief relief without shall have been established in a proceeding at law, parties to the said court may itself determine such title or
proceed to right without requiring the parties to proceed at law to establish the same (p).
(p) See Dan. Ch. Pr. 1083 - 1086, 2nd. ed.; Smith's Handbook Ch. Pr. 589-590.
LXIII. The Lord Chancellor, with the advice Lord Chanand assistance of the Master of the Rolls, the Lords cellor and Justices of the Court of Appeal in Chancery, and make gethe Vice-Chancellors, or any three of them, may and orders and they are hereby required from time to time to for carrying make general rules and orders for carrying the impact into purposes of this act into effect, and for regulating effect. the times and form and mode of procedure, and generally the practice of the said court, in respect of the matters to which this act relates (9), and for regulating the fees and allowances to all officers of
Such general rules and
158 16Vict. the said court and solicitors thereof in respect to
such matters, and, so far as may be found expedient, for altering the course of proceeding hereinbefore prescribed in respect to the matters to which this act relates, or any of them; and such rules and orders may from time to time be rescinded or altered by the like authority; and all such rules and orders shall take effect as general orders of the said court.
(9) See Orders, 7th August, 1852, post, 8 & 9 Vict. c. 105, s. 2; Calvert v. Gandy, 1 Phil. C. C. 518; Medhurst v. Addison, 4 Hare, 479.
LXIV. All general rules and orders of the Lord orders to be Chancellor, with such advice and assistance as laid before aforesaid, shall immediately after the making and
issuing thereof be laid before both houses of parliament, if parliament be then sitting, or if parliament be not then sitting, within five days after the next meeting thereof: provided always, that if either of the houses of parliament shall, by any resolution passed within thirty-six days after such rules or orders have been laid before such houses of parliament, resolve that the whole or any part of such rules or orders ought not to continue in force, in such case the whole, or such part thereof as shall be so included in such resolution, shall, from and after such resolution, cease to be binding.
LXV. And whereas the present examiners of cellor to in the court have been heretofore appointed for the
purpose only of taking the depositions of witnesses in private, and upon written interrogatories prepared by counsel : and whereas the public examination of witnesses orally, under the provisions of this act, will materially alter the nature of the duties and increase the responsibility of the said examiners: be it therefore enacted, That it shall be lawful for the Lord Chancellor and he is hereby empowered to order and direct a sum to be paid to each of the said examiners, out of the fund intituled “ The Suitors' Fee Fund,” from and after the first of November, one thousand eight hundred and fifty-two, such a sum as shall together with the
crease salaries of exa miners.
sums now payable make up the annual sum of one 158 16Vict. thousand five hundred pounds : provided always, that if either of the present examiners should feel If examiner himself unable or should decline to continue bis decline to services in the same office upon the conditions pro- Lord Chanvided under this act, it shall be lawful for the Lord order a cerChancellor to order to be paid to such examiner tain annuity retiring an annuity of an amount not exceeding him. three fourths of the salary which he has hitherto received.
LXVI. In the construction of this act the words Construction “bill of complaint” shall mean also and include information ; the word “affidavit” shall mean also and include affirmation; the expression “Lord Chancellor” shall mean and include the Lord Chancellor, Lord Keeper, and Lords Commissioners of the Great Seal of the United Kingdom for the time being; and the expression "general order of the Lord Chancellor" shall mean general order of the Lord Chancellor with such advice and assistance as aforesaid.
LXVII. This act shall commence and take ef- Commencefect from and after the first day of November, one thousand eight hundred and fifty-two; provided that it shall be lawful for the Lord Chancellor, with such advice and assistance as aforesaid, to make and issue any such general rules or orders as aforesaid at any time after the passing of this act, so as the same be not made to take effect before the time appointed for the commencement of this act.
ment of act.
Form of Indorsement on Bill of Complaint.
To the within named defendant C. D., greeting.
Improvement of the Jurisdiction of Equity. 158 16Vict. appearance to be entered for you in our High Court of Chanc. 86.
cery to the within bill of complaint of the within-named A. B., and that you observe what our said court shall direct. Witness ourself at Westminster, the
in the year of our reign. Note.--If you fail to comply with the above directions
you will be liable to be arrested and imprisoned. Appearances are to be entered at the Record and Writ Clerks Office, Chancery Lane, London.
Form of Indorsement on Claim (r).
To the within-named defendant C. D., greeting.
- in the
year of our reign. Note. -Appearances are to be entered at the Record and
Writ Clerks Office, Chancery Lane, London ; and if you neglect to enter your appearance, and either personally or by your counsel to appear in the High Court of Chancery at the place and on the day and hour above mentioned, you will be subject to such order as the court may think fit to make against you in your absence for payment or satisfaction of the said claim, or as the nature and circumstances of the case may require.
(r) See forms of claims, post.
ters in ordinary in chan
MASTER IN CHANCERY ABOLITION.
15 & 16 VICT. C. 80. 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.
[30th June, 1852. WHEREAS proceedings before the masters in or- 158 16Vict. dinary of the High Court of Chancery are attended
c. 80. with great delay and expense, and it is expedient that the business now disposed of in the office of such masters should be transacted by and under the more immediate direction and control of the judges of the said court: be it therefore enacted as follows:
I. The office of master in ordinary of the High Office of masCourt of Chancery shall be, and the same is hereby abolished, but reserving and subject to the execution cery aboby the present masters in ordinary of the said court, as such, of the duties hereinafter provided for; and until they are released under this act they shall, for the performance of such duties, continue to have all the powers conferred upon them by any act of parliament, or otherwise vested in them.
II. No vacancy which has already occurred, or Vacancies in may hereafter occur in the office of master in ordi- office of mas. nary of the said court shall be filled up, nor shall any future accountant-general be made or become one of the masters in ordinary.
III. On the first day of Michaelmas Term, one Two of the thousand eight hundred and fifty-two, James Wil- masters in orliam Farrer, Esquire, and William Brougham, leased from Esquire, two of the masters in ordinary of the said their duties court, shall be released from their duties as such Michaelmas masters; and as often thereafter as, in the judgment kern
Term, 1852, of the Lord Chancellor, from the state of business in the said court, any other master or masters can be spared, it shall be lawful for the Lord Chancellor to release any such master or masters, at such time or times as to him shall seem meet: provided always, that nothing in this act contained shall ex
ters not to be