13&15 Vict. such court, but shall be subject to be transferred from such c. 35. court in the same manner as causes are so transferred; and the provisions of the order comprised in the General Order of the 5th of May, 1837, which is numbered 15, and of the General Order of the 5th of August, 1842, shall apply to every matter so attached. (27th Order, 2nd Nov. 1850.) XX. That it shall be lawful for any person who objected to by may have come in before the master under any motion to the such order, and claimed to be a creditor upon the which notice estate of the deceased person, or to have any de Master's report may be court, of shall be given. Proceeding of the court on mand upon such estate by reason of any liability, and whose debt or claim may not have been wholly allowed by the said master, to apply to the said court by motion, of which notice shall be given within fourteen days after the filing of the master's report, to have such claim allowed by the court, either wholly or partially; and it shall be lawful for the said executors or administrators, and for any creditor of the deceased person who may be authorized by special leave of the said court so to do, to apply to the said court by motion, of which notice shall be given within the time aforesaid, to have any debt or claim allowed by the said master disallowed by the court, either wholly or partially; and at the expiration of fourteen days after the filing of the said report the same shall, except as to any debt or claim as to which any such notice as aforesaid may have been given, be absolute, as if the same had been confirmed by order of the court. XXI. That upon the hearing of any such motion such motion. as aforesaid the said court may either dismiss such motion, or may order the debt or claim to which such motion relates to be allowed or disallowed, as the case may be, and either wholly or partially, or may direct further inquiry or further proceedings, by way of action or otherwise, touching such debt or claim, and after such inquiry or proceedings may, upon further motion, deal with such debt or claim as to the said court shall seem just: provided always, that no new evidence shall be received by the said court upon the hearing of any such motion without special leave of the said court. If debts or certain liabi XXII. That in case any debt or any certain lia c. 35. and not paid for payment bility shall have been allowed as aforesaid, and 13& 14Vict. executors or tors, may money to XXIII. That in case any contingent liability Court, on apshall be allowed by the said report or by the said plication of court, it shall be lawful for the said court, by order, administrato be made upon the application of the executors or direct approadministrators, by motion or petition, on notice to priation of the person who may have established such contin- answer congent liability, to order such sum of money, part of tingent liabithe estate of the deceased person, as to the said court shall seem just, to be set apart and appropriated for answering such contingent liability, and to give such directions as the said court shall think lity. 1 c. 35. 13& 14 Vict. fit touching the payment of such sum of money into court, and the investment thereof, and the payment, application, or accumulation of the interest or dividends thereof in the meantime and until the same shall be required to answer such liability, and when such liability shall be ascertained or determined, to give such directions as to the payment of such sum out of court as the said court shall deem right: provided always, that no order to be made as aforesaid shall in any manner bind the assets so appropriated as against the persons entitled to the estate of the deceased subject to the contingent liability; and any person interested in such appropriated assets may apply to the court touching the same as he may be advised. Court may ceedings cutors and tors. XXIV. That after the filing of such report as restrain pro- aforesaid it shall be lawful for the said court, upon against exe- the application of the executors or administrators of administra- the deceased, by order, to be made on motion, to restrain by injunction any proceedings at law against them by any person having or claiming to have any demand upon the estate of the deceased by reason of any debt or liability, other than the persons who may have established contingent liabilities under the said order for which no appropriation may have Protection to been made. XXV. That in case no debt or liability, or no be afforded to debt or liability other than a contingent liability, and adminis- shall have been allowed as aforesaid, or in case any executors trators. debt or liability other than as aforesaid shall have been allowed as aforesaid, then after the same shall have been paid or provided for by appropriation as aforesaid, all payments made by the executors or administrators, or any of them, on account of the estate of the deceased person, and all dispositions of such assets made by them or any of them on account of such estate, shall, as against all persons having or claiming to have any demand upon such estate by reason of any debt or liability, other than persons who may have established under the said order any contingent liability for which no such appropriation as aforesaid may have been made, be c. 35. as good and effectual as if the same had been made 13& 14Vict. under a decree of the said court: provided always, that nothing herein contained shall in any manner affect or prejudice the rights of any creditor or other person having any demand or claim upon the estate of the deceased against any assets so paid or disposed of, or against the persons to whom such payment or disposition may have been made, or against any assets appropriated under the provisions of this act, and the appropriation of which, if made under a decree of the said court in a suit to which he was not a party, would not have been binding upon him. standing pro judges of the hear and de mentioned in XXVI. And whereas by an act passed in the Notwiththird and fourth years of the reign of his late ma- visions of 3 & jesty King William the Fourth, intituled "An Act 4 Will. 4, c. for the Regulation of the Proceedings and Practice 94, ss. 13, 14, of certain Offices of the High Court of Chancery court may in England," it is enacted," that the masters in termine apordinary of the high Court of Chancery shall hear plications and determine all applications for time to plead, act, if they answer, or demur, and for leave to amend bills, think fit. and for enlarging publication, and all such other matters relating to the conduct of suits in the said court as the Lord Chancellor, with the advice and assistance of the Master of the Rolls and ViceChancellor, or one of them, shall by any general order or orders direct, in such manner and under such rules and regulations as by any general order or orders, to be also issued by the Lord Chancellor, with the advice and assistance aforesaid, shall be directed, and that it shall be lawful for either party to appeal by motion from the order made on such application to the Lord Chancellor, Master of the Rolls, or Vice-Chancellor, and that the order made on such appeal shall be final and conclusive;" and it is enacted, "that no such application as abovementioned shall in future be heard by any of the judges of the said Court of Chancery, except on appeal as hereinbefore provided:" (h) And whereas the last-mentioned enactment has been found to be inconvenient: be it therefore enacted, that, notwithstanding the provisions of the said act, it shall c. 35. 13&14 Vict. be lawful for any of the judges of the said court to hear and determine any such application as mentioned in the said act in the first instance, if under special circumstances he shall think fit so to do. Exceptions for scandal, impertinence, and insufficiency to be heard by the court. Power for court, not to the con.. trary, to re ceive proof by affidavit. (h) The 13th, 14th and 15th sections of the act 3 & 4 Will. 4, c. 94, are repealed by the stat. 15 & 16 Vict. c. 80, s. 35, ante, p. 69. XXVII. That all exceptions for scandal, impertinence (i) and insufficiency, which according to the existing practice of the said court are referred to the masters of the said court, shall not any longer be so referred, but shall be heard and determined by the said court in the first instance (k). (i) Exceptions for impertinence are abolished. (15 & 16 Vict. c. 86, s. 17, ante, p. 20.) (k) See Order 2nd Nov. 1850. XXVIII. That, notwithstanding any rule or withstanding practice of the said court to the contrary, it shall be any rule, &c. lawful for the said court, at the hearing of any cause or of any further directions therein, to receive proof by affidavit of all proper parties being before the court, and of all such matters as are necessary to be proved for enabling the said court to order payment of any monies belonging to any married woman, and of all such other matters not directly in issue in the cause as in the opinion of the said court may safely and properly be so proved (1). Certain provisions of 53 (1) Affidavits were admitted at the hearing, under this act, as evidence that no appointment of trust funds had been made by deceased persons, in support of a suit by a party claiming in default of appointment. (Devey v. Thornton, 9 Hare, 233.) A class of children being interested, the court instead of directing the preliminary class inquiries, received the affidavit of the parents proving the class, and then allowed the cause to be heard. (Bush v. Watkins, 14 Beav. 33; see Hoghton v. Hoghton, 21 Law J. Ch. p. 482.) XXIX. That so much of an act made and Geo. 3, c. 24, passed in the fifty-third year of the reign of his and 5 Vict. late Majesty King George the Third, intituled An Act to facilitate the Administration of Justice," as provides that the Vice-Chancellor appointed under that act shall have no power or c. 5, repealed in part. 66 |