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SECT.

39. Court may require the production and oral examination of any witness, and determine the payment of costs of such examination

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40. Any party in a cause may by subpoena require attendance of any witness before an examiner..

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41. Evidence subsequent to hearing to be taken in same manner as prior to hearing

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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.

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51. Court may decide between some of the parties without making others interested parties to the suit

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52. In case of abatement, &c., of suit, an order may be made, which shall have same effect as a bill of revivor

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53. New facts, &c., after commencement of suit, to be introduced as amendments to bill, &c.

54. Where account required to be taken, court may give
special directions as to the mode of taking same
55. Court may order real estate to be sold, if required...
56. Before sale of estate, abstract of title to be laid before
some conveyancing counsel....

57. Where real or personal property is the subject of pro-
ceedings, court may allow to parties part or the whole
of the annual income

58. Practice as to injunctions to stay proceedings at law to
be assimilated to practice as to special injunctions ..
59. Answer of defendant, on motion for injunction or re-
ceiver, &c., to be regarded as an affidavit .....
60. In case directions as to practice, &c., not followed, court
may make order and award costs.

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61. Court of Chancery not to direct cases to be stated for opinions of court of common law, but to decide the

same

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62. Court may determine legal title of party seeking relief, without requiring parties to proceed to law

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63. Lord Chancellor and judges to make general rules and orders for carrying act into effect...

6. Such general rules and orders to be laid before parlia

ment

65. Power to Lord Chancellor to increase salaries of exami..

ners.

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If examiner decline to continue, Lord Chancellor may
order a certain annuity to be paid to him

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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 Mas-

ters

5. Masters' salaries and compensation allowance continued by way of retiring pensions, &c.

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6. Retiring pensions, &c. to be paid in the same manner as present salaries...

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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

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11. Power to Master of the Rolls and Vice-Chancellors to sit at chambers for the despatch of business, &c. .... 63 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

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14. Orders made in chambers to be ordinarily drawn up by

judges' clerks, but judges may direct them to be drawn
up by registrars of the court, and may require their
attendance at chambers for the purpose.....

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15. Orders made at chambers to have same force as orders of court, &c.

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16. Power to judges to appoint two chief clerks to each court to assist in the business of the court

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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

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19. Power to Lord Chancellor to remove any officer appointed under this act engaged in other employment, or accepting any fee or emolument whatever other than his salary ...

20. Solicitors, &c., appointed to any office under this act to be struck off the rolls

21. Chief clerks to hold office during good behaviour 22. Junior clerks during pleasure ...

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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,
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...

29. Power to the judges to direct what matters, &c., shall be
heard and investigated by themselves, and what by
their chief clerks; right to suitor to bring any point
before the judge..

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.

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, repealed.

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SECT.

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36. All powers possessed by Masters to be exercised by
judges
37. Power to judges to exercise the powers given by sec-
tions 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-
veyancing counsel in certain matters; parties may
object to such opinion, which may be disposed of in
chambers or open court

41. Power to Lord Chancellor to nominate not less than six
conveyancing counsel of ten years practice, &c..
42. Power to obtain the assistance of accountants, merchants,

&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 2501. to each junior clerk, with power to the Lord Chancellor from time to time to increase same to 1500l. and 3001. respectively

45. Pensions to chief and junior clerks in cases of permanent infirmity

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46. On retirement of Masters, their chief clerks to be entitled

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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

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49. Payment of compensations to be made quarterly, out of parliamentary securities ....

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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

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51. Appropriation of the Masters' Offices in Southampton Buildings

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52. Power to her Majesty to appoint a Vice-Chancellor as successor to Sir G. J. Turner

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53. Such Vice-Chancellor to have same power, &c., as Sir

G. J. Turner has

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54. Officers and attendants to the Vice-Chancellor
55. Salaries of Vice-Chancellor and his officers to be as at

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56. Her Majesty may grant retiring pension to Vice-Chan

cellor so appointed

57. Lord Chancellor may appoint court-keepers

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