SECT. 18. Court or judge may order defendant to produce docu- 19. In certain cases defendant, after answer, may file inter- rogatories for examination of plaintiff. 20. Upon application of defendant after answer plaintiff may be required to produce documents on oath 21. Commissions to take answers, &c., within the jurisdic- 22. Pleas, declarations, &c., in Chancery, how to be sworn and taken in Scotland, Ireland, the Channel Islands, 23. Penalty for falsely swearing, &c... PAGE 25. Answers, &c., to be filed without oath of messenger... 26. Issue may be joined by filing replication as at present.. 27 27. Defendant not having been required to answer, and not answering, may move for dismissal of bill for want of 28. Practice of court as to, and mode of examining witnesses 32. Depositions to be taken down in writing, and read over to the witness, who shall sign the same in presence of 33. If parties refuse to be sworn, or to answer any lawful 35. Commission for examination of witnesses dispensed with 34 36. Affidavits as to particular facts, &c., may be used 37. Affidavits to be divided into paragraphs numbered 38. Evidence oral or by affidavit, on both sides, to be closed within time prescribed by General Order; witnesses by affidavit to be subject to oral cross-examination and afterwards to re-examination; witnesses bound to SECT. 39. Court may require the production and oral examination of any witness, and determine the payment of costs of such examination 40. Any party in a cause may by subpoena require attendance of any witness before an examiner. 41. Evidence subsequent to hearing to be taken in same manner as prior to hearing PAGE 35 35 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........ 45. Creditor, &c., may summon executor, &c. to show cause why personal estate should not be administered; judge may order administration of such estate 46. Copy of summons to be filed in Record Office of court 47. Creditor, &c., may obtain an order for administration of real estate 48. Court may direct sale of mortgaged property, instead of a foreclosure, on such terms as it may think fit...... 49. Suit not to be dismissed for misjoinder of plaintiffs, but court may modify its decree according to special cir cumstances 50. No suit to be objected to because only declaratory order sought.... 51. Court may decide between some of the parties without making others interested parties to the suit.... 43 43 44 45 45 47 48 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 57. Where real or personal property is the subject of pro- 58. Practice as to injunctions to stay proceedings at law to 54 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 same 55 62. Court may determine legal title of party seeking relief, without requiring parties to proceed to law 55 SECT. 63. Lord Chancellor and judges to make general rules and orders for carrying act into effect. PAGE ......... 55 64. Such general rules and orders to be laid before parlia ment 56 65. Power to Lord Chancellor to increase salaries of exami.. ners. 56 If examiner decline to continue, Lord Chancellor may 57 66. Construction of terms. 57 1. Office of Masters in Ordinary in Chancery abolished 4. Option to Masters to retire according to seniority, &c.; ters 5. 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... 60 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 10. No fresh references to Masters, except in cases already before them, and in matters under Winding-up Acts, 1848 and 1849, until all the Masters are released from their duties, those remaining shall prosecute all the business depending; power now vested in Masters reserved to them for such purposes 61 61 62 11. Power to Master of the Rolls and Vice-Chancellors to .... 63 13. Judges to have same power and jurisdiction as in open court 63 SECT. 14. Orders made in chambers to be ordinarily drawn up by judges' clerks, but judges may direct them to be drawn PAGE 63 15. Orders made at chambers to have same force as orders of court, &c. 64 16. Power to judges to appoint two chief clerks to each court to assist in the business of the court 64 17. Chief clerk to judges to have been chief clerks to Masters in Ordinary, or solicitors or attornies of ten years practice; certain chief clerks to be chief clerks of three of the equity judges.. ... 18. Power to judges to appoint junior clerks 20. Solicitors, &c., appointed to any office under this act to 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 respects officers of the Court of Chancery... 25. Power to Lord Chancellor, with concurrence of judges, 26. Business to be disposed of in chambers by the judges 29. Power to the judges to direct what matters, &c., shall be 30. Power to chief clerks to issue advertisements and summonses, 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. 68 33. No exceptions to lie to certificate, &c.; parties at liberty to take opinion of judge upon any particular point.. 69 34. Certificate, &c., signed and adopted by judge, binding on all parties, unless discharged or varied.. 69 35. Sections 13, 14 and 15 of 3 & 4 Will. 4, c. 94, repealed. SECT. 36. All powers possessed by Masters to be exercised by judges. 37. Power to judges to exercise the powers given by sections 7, 8 and 9 of this act, and to dispose of any cause, &c., in open court... 38. Power to the Lord Chancellor, with advice, &c., of judges to make rules and orders for regulating the mode of procedure at chambers, payment of fees, &c. ...... 39. Business in Master's offices to be conducted in the same manner as similar business is conducted by judges, &c. 40. Power to judges at chambers to take opinion of con- 41. Power to Lord Chancellor to nominate not less than six &c. 43. Taxing Master to regulate fees to conveyancing counsel, &c., subject to appeal 44. Salary of 1200l. to be paid to each chief clerk, and 250l. to each junior clerk, with power to the Lord Chancellor from time to time to increase same to 1500l. and 300l. respectively ... 45. Pensions to chief and junior clerks in cases of permanent infirmity 46. On retirement of Masters, their chief clerks to be entitled to retiring pensions of same amount as salary PAGE 2 2 2 2 2 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 employment under the crown, the retiring pension or compensation under this act to be regulated by the salary, &c., of such office or employment 51. Appropriation of the Masters' Offices in Southampton Buildings 52. Power to her Majesty to appoint a Vice-Chancellor as successor to Sir G. J. Turner 53. Such Vice-Chancellor to have same power, &c., as Sir G. J. Turner has 54. Officers and attendants to the Vice-Chancellor 79 56. Her Majesty may grant retiring pension to Vice-Chan cellor so appointed 57. Lord Chancellor may appoint court-keepers .... |