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masters to re
158 16Vict. tend to release, or to authorize the Lord Chancellor
to release, any of the masters from attendance upon
the House of Lords without the order of the House : Proviso as to provided also, that if, from the nature of any partiters depend
cular matter or matters depending before either of ing before the the said masters hereinbefore respectively named,
it shall in the opinion of the Lord Chancellor be desirable that such matter or matters should be worked out by or before the same master before whom the same shall be depending, it shall be lawful for the Lord Chancellor to direct such master to continue the prosecution of such matter or matters, and such master shall prosecute the same accordingly, in the same manner, and with the same powers in every respect, as if he had not been re
leased from his duties under this act. Option to
IV. Every master to be released by the Lord tire accord-< Chancellor shall have the option to retire tendered ing to se
to him according to his seniority in office; and if niority, &c.
any such master shall, for one calendar month after such option tendered to him, neglect or decline to avail himself thereof, then the Lord Chancellor may tender the like option to the next in succession in seniority in office, and so toties quoties; but when
the Lord Chancellor shall be of opinion that the lease remain- services of none of the masters are any longer neing masters.
for the due execution of the business of the said court, it shall be lawful for him to release every remaining master.
V. Each one of the masters to be so released on
the first day of Michaelmas term, one thousand tion allow- eight hundred and fifty-two, shall nevertheless continued by
tinue entitled to receive during his life, by way of
retiring pension, the full amount of his salary as tiring pensions, &c. such master, including the amount of the
compensation allowance payable to him as such master; and every master who
be so released subsequently to the same first day of Michaelmas term, one thousand eight hundred and fifty-two, shall also continue entitled to receive, by way of retiring pen
sion, the full amount of his salary as such master. Retiring pen. VI. The salaries or retiring pensions and comsions, &c. to
Power to Lord Chancellor to re
Master's sa laries and compensa
way of re
as present salaries.
pensation allowances payable to the masters so to 158 16Vict. be released, shall continue or be payable out of the same funds, on the days, and in the same manner be paid in the in all respects, as their present salaries and com- same manner pensation allowances respectively.
VII. In order as expeditiously as may be to Power to wind
up all the causes, matters, and things which masters to may from time to time be depending before, or parties, &c. have been referred to the masters in ordinary of and to ined the the said court, it shall be lawful for every master, proceedings at any time after the passing of this act, to summon as he shall deem fit all or any of the parties to any cause, matter, or thing so depending, or their solicitors, and thereupon to proceed with such cause, matter or thing, and give such directions and make such order as he may
necessary for the purpose of settling and winding up the same; but any such order shall be subject to be discharged or varied by the court, upon application made for that purpose;
and the master shall be at liberty to proceed for the purposes aforesaid, in the absence of any of the parties or solicitors neglecting or refusing to attend the summons.
VIII. In case the master shall be unable, by Power to reason of the conduct of parties, or otherwise, to master's refinally dispose of any cause, matter or thing, he port or certishall be at liberty to dispose of any part thereof make order within his power, and to report or certify on the foc prosecuwhole of the case; and upon such report or certi- disposal of ficate the court shall make such order as it shall any suit, &c. think proper on all or any of the parties, for the ment of costs, further prosecution of the suit or matter, or for the final disposal thereof, and for the payment of the costs thereof, including any of the costs which may have been incurred by reason of the conduct of the parties. IX. In the event of the parties in any cause, parties to
On neglect of matter or thing, or their solicitors, refusing or neg- bring mas. lecting, within a time to be fixed by the master, to before the bring the master's report or certificate before the court
, solicicourt, the same may, by direction of the master, be fee fund to do brought before the court by the solicitor for the so, and his
and for pay
No fresh references to
Acts, 1848 and 1849.
158 16Vict. time being to the suitors' fund; and the court is c. 80.
hereby empowered to order payment of the costs and expenses of the solicitor to the suitors' fund, out of such of the funds in the cause, matter or thing, or by such parties, as to the court shall seem just; and in case payment thereof cannot be obtained by any of the means aforesaid, the same, by the direction of the court, may be paid out of the suitors' fund.
X. From and after the first day of Michaelmas masters
, ex- term, one thousand eight hundred and fifty-two, cept in cases no reference shall be made to any of the masters in fore them, ordinary of the said court, except in cases in which, aard immat- from some previous reference made in the cause or Winding-up matter, or in some other cause or matter connected
therewith, the court may think it expedient to make such reference, and except in matters arising under
the Joint Stock Companies Winding-up Acts, 1848 Until all the and 1849: Provided always, that until all the masreleased from ters in ordinary of the said court shall have been their duties, removed by resignation, death, or otherwise, or maining shall have been released from their duties under this act, prosecute all such of the masters in ordinary of the said court as depending. shall for the time being remain in office, and shall
not be released from their duties under this act, shall prosecute all the business which on the first day of Michaelmas term, one thousand eight hundred and fifty-two, shall be depending before the masters, and also all the references which before the said first day of Michaelmas term, one thousand eight hundred and fifty-two, shall have been made under decrees or orders of the court, or which on or after the same first day of Michaelmas term shall be made in relation to such excepted matters as aforesaid ; and the same, if necessary, shall be distributed amongst such remaining masters in such manner as the Lord Chancellor shall direct; and the powers and authorities now vested in them are
hereby reserved to them for the purpose of exethem for such cuting and performing all the duties, matters, and purposes.
things which may be still referred to them, or which they may be lawfully called upon to perform.
Power now vested in masters reserved to
Master of the
XI. From and after the first day of Michaelmas 158 16Vict. term, one thousand eight hundred and fifty-two, it shall be lawful for the Master of the Rolls and the Power to Vice-Chancellors for the time being, and they are Rolls and hereby required, to sit at chambers for the despatch Vice Chan: of such part of the business of the said court as can, at chambers without detriment to the public advantage, arising for the defrom the discussion of questions in open court, be siness, &c. heard in chambers, according to the directions hereinafter in that behalf specified or referred to; and the times at and during which they respectively shall so sit shall be from time to time fixed by them respectively.
XII. The chamber business of the Master of the Power to Rolls, and of every Vice-Chancellor, shall be car- cellor to proried on in conjunction with his court business; but vide chamas no rooms are attached to the courts of the Vice-bers for the Chancellors in which such chamber business can the Rolls and be transacted, it shall be lawful for the Lord Chancellor to cause chambers to be provided for every of them respectively for that purpose, until courts with proper rooms attached can be provided for them.
XIII. The Master of the Rolls and every of the Judges to Vice-Chancellors respectively when sitting in cham- bave same bers shall have the same power and jurisdiction in jurisdiction respect of the business to be brought before them, court." as if they were respectively sitting in open court.
XIV. The orders made by the Master of the Orders made Rolls and Vice-Chancellors respectively when sit- in Chambers ting in chambers shall ordinarily be drawn up there narily drawn by their respective clerks, to be appointed as here- under his judges' inafter mentioned, but with power to each of such judges may judges to direct any of such orders to be drawn up be drawn up by the registrar of the said court in like manner as by registrars orders made by a judge of the said court in open and may recourt are drawn up, for which purpose the regis- quire their trars of the said court shall, when required, attend chambers for the Master of the Rolls and the Vice-Chancellors the purpose. respectively when sitting at chambers in such order and manner as shall be found most convenient for furthering the business of the said court, and as the
Orders made at chambers
force as or
to each court to assist in
Chief clerk to
158 16Vict. Lord Chancellor, with the concurrence of the
Master of the Rolls and Vice-Chancellors, or any two of them, shall from time to time by any general order direct.
XV. All orders of the Master of the Rolls or of to have same any Vice-Chancellor, made by him at chambers,
shall have the force and effect of orders of the Court bers of court, of Chancery, and such orders may be signed and
enrolled in like manner.
XVI. It shall be lawful for the Master of the pode est to ap- Rolls, and every of the Vice-Chancellors for the chief clerks time being, respectively, with the approbation of
the Lord Chancellor, to appoint two chief clerks the business each to be respectively attached to each such judge
and his successors in office, for the purpose of assisting in the general business of each court, and the causes and matters belonging thereto, and on any, vacancy in such office of chief clerk to supply such vacancy.
XVII. No person shall be appointed chief clerk judges to
to the Master of the Rolls or any Vice-Chancellor
unless he shall have been chief clerk to one of the ordinary or masters in ordinary of the said court, or have been solicitors of admitted on the roll of solicitors or attornies in one
of the courts at Westminster Hall, and practised as practice.
such solicitor or attorney for the period of ten years
at least immediately preceding his appointment: Certain chief provided always, that George Whiting and Henry chief clerks Leman, the present chief clerks of the said masters
hereby released as aforesaid, and Charles Pugh, the equity
chief clerk in the office of the master now vacant, judges.
shall on the said first day of Michaelmas term, one thousand eight hundred and fifty-two, become and they are hereby appointed chief clerks of three of the said equity judges, and their respective successors in office.
XVIII. It shall be lawful for the judge of each judges to point junior court to appoint a junior clerk to each chief clerk
of his court, and on any vacancy in such office to supply such vacancy.
XIX. If any person who shall accept any office under this act shall engage in any other employ
have been chief clerks to masters in
of three of
Power to Lord Chancellor to re