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39. Court may require the production and oral examination
of any witness, and determine the payment of costs
35 40. Any party in a cause may by subpæna require attendance of any witness before an examiner...
35 41. Evidence subsequent to hearing to be taken in same manner as prior to hearing
39 42. Defendant not to take objection for want of parties in
any case to which rules herein set forth shall extend 39-41 43. Cause not to be set down on objection for want of parties 43 44. Court may proceed in any suit, &c., without representa
tive of deceased person, or may appoint one... 43 45. Creditor, &c., may summon executor, &c. to show cause
why personal estate should not be administered; judge
43 46. Copy of summons to be filed in Record Office of court 44 47. Creditor, &c., may obtain an order for administration of real estate
45 48. Court may direct sale of mortgaged property, instead of
a foreclosure, on such terms as it may think fit...... 45 49. Suit not to be dismissed for misjoinder of plaintiffs, but
court may modify its decree according to special cir-
47 50. No suit to be objected to because only declaratory order sought .
48 51. Court may decide between some of the parties without making others interested parties to the suit
48 52. In case of abatement, &c., of suit, an order may be made,
which shall have same effect as a bill of revivor 49 53. New facts, &c., after commencement of suit, to be introduced as amendments to bill, &c.
51 54. Where account required to be taken, court may give
special directions as to the mode of taking same 52 55. Court may order real estate to be sold, if required 53 56. Before sale of estate, abstract of title to be laid before some conveyancing counsel.
53 57. Where real or personal property is the subject of pro
ceedings, court may allow to parties part or the whole
53 58. Practice as to injunctions to stay proceedings at law to
be assimilated to practice as to special injunctions 54 59. Answer of defendant, on motion for injunction or receiver, &c., to be regarded as an affidavit
54 60. In case directions as to practice, &c., not followed, court may make order and award costs .....
54 61. Court of Chancery not to direct cases to be stated for opinions of court of common law, but to decide the
55 62. Court may determine legal title of party seeking relief, without requiring parties to proceed to law
63. Lord Chancellor and judges to make general rules and orders for carrying act into effect ..
55 64. Such general rules and orders to be laid before parliament
56 65. Power to Lord Chancellor to increase salaries of exami.. ners.
56 If examiner decline to continue, Lord Chancellor may order a certain annuity to be paid to him
57 66. Construction of terms.
57 67. Commencement of act
57 SCHEDULE TO ACT..
MASTER IN CHANCERY A BOLITION.
15 & 16 Vict. c. 80. 1. Office of Masters in Ordinary in Chancery abolished 2. Vacancies in office of Masters not to be filled up 3. Two of the Masters in Ordinary released from their
duties on first day of Michaelmas Term, 1852, &c. Proviso as to certain matters depending before the said
Masters 4. Option to Masters to retire according to seniority, &c.;
power to Lord Chancellor to release remaining Mas5. Masters’ salaries and compensation allowance continued
by way of retiring pensions, &c. 6. Retiring pensions, &c. to be paid in the same manner
as present salaries... 7. Power to Masters to summon parties, &c., and to settle
and wind up proceedings before them 8. Power to Court upon Master's report or certificate to
make order for prosecution or final disposal of any
suit, &c., and for payment of costs, &c..... 9. On neglect of parties to bring Master's report before the
Court, solicitor to Suitors' Fee Fund to do so, and his
costs provided for ......
before them, and in matters under Winding-up Acts,
reserved to them for such purposes
sit at chambers for the despatch of business, &c. 12. Power to Lord Chancellor to provide chambers for the
Masters of the Rolls and Vice-Chancellors 13. Judges to have same power and jurisdiction as in open
65 65 65
14. Orders made in chambers to be ordinarily drawn up by
judges' clerks, but judges may direct them to be drawn
attendance at chambers for the purpose....
court, &c. 16. Power to judges to appoint two chief clerks to each court
to assist in the business of the court
ters in Ordinary, or solicitors or attornies of ten years
three of the equity judges.....
pointed under this act engaged in other employment,
than his salary
be struck off the rolls 21. Chief clerks to hold office during good behaviour 22. Junior clerks during pleasure 23. Chief and junior clerks to be under control and direction
of judges 24. Chief and junior clerks subject to same penalties, &c., as
imposed, &c., under act 3 & 4 Will. 4, c. 94, as re
spects officers of the Court of Chancery.. 25. Power to Lord Chancellor, with concurrence of judges,
to remove chief clerks 26. Business to be disposed of in chambers by the judges . 27. Judges may adjourn from open court to chambers, and
vice versa, the consideration of any matter.. 28. Mode of proceeding before judges at chambers to be by
summons as at common law....
heard and investigated by themselves, and what by
before the judge...
monses, to administer oaths, &c., as the judge shall
direct 31. Parties, &c., not attending, liable to process of contempt,
and to penalties for false swearing, &c. .... 32. Result of proceedings before chief clerk to be embodied
in form of short certificate, &c. 33. No exceptions to lie to certificate, &c.; parties at liberty
to take opinion of judge upon any particular point .. 34. Certificate, &c., signed and adopted by judge, binding
on all parties, unless discharged or varied.. 35. Sections 13, 14 and 15 of 3 & 4 Will. 4, c. 94, re
36. All powers possessed by Masters to be exercised by judges ...
70 37. Power to judges to exercise the powers given by sec
tions 7, 8 and 9 of this act, and to dispose of any
70 38. Power to the Lord Chancellor, with advice, &c., of judges
to make rules and orders for regulating the mode of
70 39. Business in Master's offices to be conducted in the same
manner as similar business is conducted by judges,
71 40. Power to judges at chambers to take opinion of con
veyancing counsel in certain matters ; parties may
71 41. Power to Lord Chancellor to nominate not less than six
conveyancing counsel of ten years practice, &c.. .... 72 42. Power to obtain
the assistance of accountants, merchants, &c.
72 43. Taxing Master to regulate fees to conveyancing counsel, &c., subject to appeal
72 44. Salary of 12001. to be paid to each chief clerk, and 2501.
to each junior clerk, with power to the Lord Chancellor
72 45. Pensions to chief and junior clerks in cases of permanent infirmity
73 46. On retirement of Masters, their chief clerks to be entitled
to retiring pensions of same amount as salary ...... 73 47. Compensation to junior clerks on retirement of Masters. 74 48. Salaries, &c., to be paid quarterly out of the Suitors' Fee Fund Account
75 49. Payment of compensations to be made quarterly, out of parliamentary securities
75 50. On appointment of Masters or clerks to office or employ
ment under the crown, the retiring pension or com-
76 51. Appropriation of the Masters' Offices in Southampton Buildings
76 52. Power to her Majesty to appoint a Vice-Chancellor as successor to Sir G. J. Turner
77 53. Such Vice-Chancellor to have same power, &c., as Sir G. J. Turner has
78 54. Officers and attendants to the Vice-Chancellor ..
78 55. Salaries of Vice-Chancellor and his officers to be as at present ...
79 56. Her Majesty may grant retiring pension to Vice-Chan. cellor so appointed
79 57. Lord Chancellor may appoint court-keepers .