15&16 Vict. c. 80. All powers XXXVI. From and after the first day of Michaelmas term, one thousand eight hundred and fifty-two, all or any of the powers, authorities and possessed by jurisdiction given to the masters in ordinary of the exercised by said court by any act or acts then in force may be judges. exercised by the Master of the Rolls and ViceChancellors respectively. masters to be Power to the by sections 7, 8 and 9 of this act, and to dispose of any cause, &c. in open court. XXXVII. From and after the first day of Mijudges to ex- chaelmas term, one thousand eight hundred and powers given fifty-two, the powers given to the masters in ordinary of the said court, and to the court, by sections seven, eight and nine of this act, may be exercised by the Master of the Rolls and Vice-Chancellors respectively with respect to causes, matters and things which may be depending before them respectively in chambers; and if and when any such judge shall be of opinion that any cause, matter or thing so depending ought to be finally disposed of, unless the parties or some of them can show good cause to the contrary, he shall direct the same to stand in his paper in open court, giving such notice thereof, if any, as he shall deem right, and proceed to dispose thereof accordingly. Power to cellor, with and orders for the mode of regulating procedure payment of fees, &c. XXXVIII. It shall be lawful for the Lord Chancellor, with the advice and consent of the advice, &c. of Master of the Rolls and Vice-Chancellors, or any judges, to make rules two of them, and they are hereby required, forthwith to make and issue general rules and orders for regulating the times and form and mode of procedure before the Master of the Rolls and ViceChancellors respectively, sitting at chambers, and their respective chief clerks, and generally the practice of the said court in respect of the matters to which this act relates, and for regulating the fees and allowances to solicitors of the said court in respect to such matters, and also for regulating the fees to be payable by suitors of the said court to the officers thereof in respect of the business to be conducted before the Master of the Rolls and ViceChancellors respectively sitting at chambers, and their respective chief clerks; and such rules and regulations may from time to time be rescinded, c. 80. altered, varied or added to by the like authority; 15& 16Vict. and all such rules and regulations as aforesaid shall take effect as general orders of the said court: provided always, that no greater amount of fees shall be payable by the suitors of the said court to the officers thereof, in respect of the business to be conducted before the Master of the Rolls and the Vice Chancellors respectively sitting at chambers, and their respective chief clerks, than is now levied in respect of similar or analogous business in the masters' offices. con masters' offices to be conducted in the same ness is con XXXIX. From and after the said first day of Business in Michaelmas term, one thousand eight hundred and fifty-two, the course of practice and proceeding in the offices of the masters in ordinary of the said manner as court, so far as the same may be inconsistent with similar busithe rules and regulations to be so as aforesaid made ducted by by the Lord Chancellor with such advice and judges, &c. sent as aforesaid, shall be abolished; and the masters in ordinary of the said court shall, with reference to the proceedings before them, adopt all such rules and regulations, and shall conduct the business of their respective offices, as nearly as may be, in the manner in which similar business shall be conducted by the Master of the Rolls and ViceChancellors respectively, save only that the master, instead of communicating directly with the judge, is to report shortly the result of his inquiries to the court. judges at of convey matters. XL. From and after the first day of Michaelmas Power to term, one thousand eight hundred and fifty-two, it chambers to shall be lawful for the court or for any judge take opinion thereof when sitting at chambers to receive and act ancing counupon the opinion of conveyancing counsel in actual sel in certain practice, to be nominated as hereinafter mentioned, in all cases in which, according to the present practice of the court and of the master's office, it has been usual for the master to require or receive the opinion of conveyancing counsel for his aid and assistance in the investigation of the title to an estate, with a view to an investment of money in the purchase or on mortgage thereof, or with a view to a 15& 16Vict. sale thereof, or in the settlement of a draft of a conc. 80. veyance, mortgage, settlement or other instrument, or otherwise, and in such other cases as the Lord Parties may Chancellor shall by any general order direct; but object to such opinion, it shall be competent for any party to object to any which may be opinion of any such counsel when he shall deem it chambers or open to objection, and thereupon the point in dispute shall be disposed of by the court, or by the judge sitting in chambers, according to the nature of the disposed of in open court. Power to cellor to no- Conveyanc ing counsel of ten years practice, &c. Power to obtain the as sistance of merchants, case. XLI. It shall be lawful for the Lord Chancellor to nominate any number of conveyancing counsel in actual practice, not less than six, who shall have practised as such for ten years at least, to be the conveyancing counsel upon whose opinion the court, or any judge thereof, may act in any of the cases last before mentioned, and to supply vacancies in such list from time to time, and to distribute the business among such counsel in such order and manner as to the Lord Chancellor shall seem fit (d). (d) The following gentlemen have been appointed conveyancing counsel under this act, viz.-Mr. Brodie, Mr. Coote, Mr. Christie, Mr. Hayes, Mr. Jarman and Mr. Lewin. XLII. It shall be lawful for the said court or any judge thereof, in such way as they may think accountants, fit, to obtain the assistance of accountants, merchants, engineers, actuaries or other scientific persons, the better to enable such court or judge to determine any matter at issue in any cause or proceeding, and to act upon the certificate of such &c. Taxing mas ter to regu persons. XLIII. The allowances in respect of fees to such late fees to conveyancing counsel, accountants, merchants, enconveyanc- gineers, actuaries, and other scientific persons shall ing counsel be regulated by the taxing master of the said court, subject to an appeal to the judge to whose court the cause or matter shall be attached, whose decision shall be final. &c., subject to appeal. Salary of 1200l. to be paid to each XLIV. There shall be paid to every chief clerk of the Master of the Rolls and Vice-Chancellors chief clerk, respectively the net yearly salary of one thousand each junior two hundred pounds, and to every junior clerk to and 250l. to c. 80. Lord Chan time to time and 3001. re be appointed under this act the net yearly salary of 15& 16Vict. two hundred and fifty pounds; and it shall be lawful for the Lord Chancellor from time to time by clerk, with any order to direct that the salary of any such chief Power to the clerk as aforesaid may be increased from time to cellor from time until the same shall amount to the net yearly to increase sum of one thousand five hundred pounds, and to same to 15007. direct that the salary of such junior clerk may be spectively. increased to the net yearly sum of three hundred pounds: provided always, that no such increase shall be made to any such chief clerk until he shall have been in office for three years, nor to such junior clerk until he shall have been in office five years, nor in either case without a certificate from the judge to whose court such chief clerk or junior clerk shall be attached, that he has conducted himself in such office to the entire satisfaction of such judge: provided also, that the salary to such chief clerk shall not be increased at any one period by any greater amount than the sum of one hundred pounds. infirmity. XLV. It shall be lawful for the Lord Chancellor, Pensions to with the consent of the commissioners of her Ma- chief and junior clerks jesty's treasury, by any order made on a petition in cases of presented to him for that purpose, to order (if he permanent shall think fit) to be paid to any person executing the office of chief clerk or junior clerk to the Master of the Rolls or any of the Vice-Chancellors, who shall be afflicted with some permanent infirmity disabling him from the due execution of his office, and shall be desirous of resigning the same, an annuity not exceeding two-third parts of the yearly salary which such person shall be entitled to at the time of presenting such petition, to be paid and payable at the same times and out of the same funds as compensations under this act are directed to be paid. ment of mas XLVI. It shall be lawful for every person who on retireon the first day of Hilary term, one thousand eight ters, their hundred and fifty-two, held the office of chief clerk chief clerks of the masters in ordinary of the said court to retiring of Chancery, and who is not hereby appointed a pensions of to any E to be entitled same amount as salary. 15&16 Vict. chief clerk to the Master of the Rolls or to one of c. 80. the Vice-Chancellors under the authority of this act, upon the master to whom he shall be such chief clerk being released from the duties as such master under the authority of this act, or upon the death or resignation of any such master previously to his being so released, to continue to be entitled to receive during his life, by way of retiring pension, the full amount of his salary as such chief clerk, such salary to be paid and payable out of such funds and in such manner as hereinafter in that behalf directed. Compensation to junior clerks on re masters. XLVII. It shall be lawful for any person who, on the said first day of Hilary Term, one thousand tirement of eight hundred and fifty-two, held the office of junior clerk to any master in ordinary of the said Court of Chancery hereby released, or who shall be released by the Lord Chancellor under the authority of this act, to make a claim for compensation to the commissioners of her Majesty's treasury for the time being, at any time after the master in whose office he shall have been employed shall have been released; and such commissioners are hereby required, within the space of six calendar months after every such claim shall be made, by examination upon oath or otherwise, which oath they and every of them are and is hereby authorized to administer, to inquire whether any, and if any, what compensation ought to be made to such person claiming such compensation; and in all cases in which it shall appear to the said commissioners that compensation ought to be granted, it shall be lawful for the said commissioners, by warrant under their hands, to order and direct that such annual compensation shall be made to the persons claiming such compensations as aforesaid, or any of them, as to the said commissioners in their discretion shall seem just and reasonable; and all such compensations shall be paid and payable out of such funds, and in such manner as hereinafter in that behalf directed: provided always, that an account of all such compensation shall, within fourteen days |