Proviso as to certain matters depend said masters. 15&16Vict. tend to release, or to authorize the Lord Chancellor c. 80. to release, any of the masters from attendance upon the House of Lords without the order of the House: provided also, that if, from the nature of any particular 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 released from his duties under this act. Option to masters to re ing to seniority, &c. IV. Every master to be released by the Lord tire accord Chancellor shall have the option to retire tendered to him according to his seniority in office; and if 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 necessary for the due execution of the business of the said court, it shall be lawful for him to release every remaining master. Power to Lord Chan cellor to re ing masters. Master's sa laries and compensa ance con tinued by way of re tiring pensions, &c. 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 continue entitled to receive during his life, by way of retiring pension, the full amount of his salary as such master, including the amount of the compensation allowance payable to him as such master; and every master who may 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 pension, the full amount of his salary as such master. Retiring pen. sions, &c. to VI. The salaries or retiring pensions and com c. 80. pensation allowances payable to the masters so to 15& 16 Vict. 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. as present salaries. summon and wind up before them. 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 settle 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 think 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. court, upon ficate, to tion or final 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 for 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. and for pay &c. On neglect of ter's report IX. In the event of the parties in any cause, parties to matter or thing, or their solicitors, refusing or neg- bring maslecting, within a time to be fixed by the master, to before the bring the master's report or certificate before the court, the same may, by direction of the master, brought before the court by the solicitor for court, solici be fee fund to do the so, and his tor to suitors' costs provided for. c. 80. 15&16Vict. time being to the suitors' fund; and the court is 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. No fresh references to masters, except in cases already before them, and in matWinding-up ters under Acts, 1848 and 1849. X. From and after the first day of Michaelmas term, one thousand eight hundred and fifty-two, no reference shall be made to any of the masters in ordinary of the said court, except in cases in which, from some previous reference made in the cause or 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 masters are those re the business 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 things which may be still referred to them, or which they may be lawfully called upon to perform. Power now vested in masters re served to purposes. c. 80. Power to Master of the cellors to sit XI. From and after the first day of Michaelmas 15& 16 Vict. term, one thousand eight hundred and fifty-two, it shall be lawful for the Master of the Rolls and the Vice-Chancellors for the time being, and they are hereby required, to sit at chambers for the despatch Vice Chanof 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 spatch, of buheard 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. siness, &c. Lord Chan bers for the Masters of 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 ViceChancellors in which such chamber business can the Rolls and Vice-Chanbe transacted, it shall be lawful for the Lord Chan- cellors. cellor 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. power and XIII. The Master of the Rolls and every of the Judges to Vice-Chancellors respectively when sitting in cham- have same bers shall have the same power and jurisdiction in jurisdiction respect of the business to be brought before them, as in open as if they were respectively sitting in open court. to be ordi clerks, but direct them to of the 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- up by 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 attendance at 15 & 16Vict. c. 80. Orders made at chambers 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 force as or &c. ders of court, of Chancery, and such orders may be signed and enrolled in like manner. Power to point two chief clerks to each court to assist in of the court. XVI. It shall be lawful for the Master of the judges to ap- Rolls, and every of the Vice-Chancellors for the 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. Chief clerk to judges to have been chief clerks to masters in ordinary or attornies of ten years practice. XVII. No person shall be appointed chief clerk to the Master of the Rolls or any Vice-Chancellor unless he shall have been chief clerk to one of the masters in ordinary of the said court, or have been solicitors or admitted on the roll of solicitors or attornies in one of the courts at Westminster Hall, and practised as such solicitor or attorney for the period of ten years at least immediately preceding his appointment: provided always, that George Whiting and Henry Leman, the present chief clerks of the said masters hereby released as aforesaid, and Charles Pugh, chief clerk in the office of the master now vacant, 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. Certain chief chief clerks clerks to be of three of the equity judges. Power to judges to ap XVIII. It shall be lawful for the judge of each 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. clerks. Power to Lord Chan cellor to re XIX. If any person who shall accept any office under this act shall engage in any other employ |