c. 35. authority to discharge, reverse or alter any decree, 13& 14Vict. order, act, matter or thing made or done by any Lord Chancellor, Lord Keeper or Lords Commissioners for the custody of the great seal, unless authorized by the Lord Chancellor, Lord Keeper or Lords Commissioners for the time being so to do, nor any power or authority to discharge, reverse or alter any decree, order, act, matter or thing made or done by the Master of the Rolls, and so much of an act made and passed in the fifth year of the reign of her present Majesty, intituled "An Act to make further Provisions for the Administration of Justice," as provides that no Vice-Chancellor appointed under the authority of that act shall have power or authority to discharge, reverse or alter any decree, order, act, matter or thing made or done by any other Vice-Chancellor to be appointed under that act, not being a predecessor in office of such Vice-Chancellor, nor any decree, order, act, matter or thing made or done by any Lord Chancellor, unless authorized by the Lord Chancellor so to do, nor any power or authority to discharge, reverse or alter any decree, order, act, matter or thing made or done by the Master of the Rolls or the Vice-Chancellor for the time being appointed in pursuance of an act passed in the fifty-third year of the reign of his Majesty King George the Third, intituled "An Act to facilitate the Administration of Justice," shall be and the same are respectively hereby repealed so far as the same respectively apply to orders on motion or petition of course made by the Lord Chancellor, Master of the Rolls or any of the Vice-Chancellors; and that it shall be lawful for the Master of the Rolls and the ViceChancellors respectively to discharge, reverse or alter any order made on motion or petition of course by any other of them, or by the Lord Chancellor (m). (m) By stat. 5 Vict. c. 5, s. 30, it is enacted, that it shall be lawful for the Lord Chancellor and the Master of the Rolls from time to time to direct that any causes or matters which shall be at any time or times depending for hearing 13& 14 Vict. or determination before the Master of the Rolls for the time c. 35. being, shall be heard and determined by the Lord Chancellor or by one of the Vice-Chancellors for the time being; and to direct that any causes or matters which shall be at any time or times depending for hearing before the Lord Chancellor, shall be heard and determined by the Master of the Rolls for the time being; but all decrees and orders to be made by the Master of the Rolls, or by any Vice-Chancellor, in pursuance of such direction, shall be subject to be reversed, discharged or altered by the Lord Chancellor. Power to XXX. That it shall be lawful for the Lord cellor, &c. to Chancellor, with the advice and consent of the make general Master of the Rolls and any one or more of the orders from Vice-Chancellors, from time to time to make, retime ordine scind and alter general rules and orders for better rules and See orders, 2nd Nov. 1850. Rules and orders to be laid before parliament, and to be enabling the opinion of the said court to be obtained on special cases, and for effectuating the purposes of this act as to the debts and liabilities of deceased persons, and for making any provisions which may be or be deemed necessary or proper as to amendment, revivor and supplemental matter or relief, and as to costs of any proceedings under or in pursuance of this act, and for regulating the times and form and mode of procedure, and generally the practice of the said court in respect of the matters to which this act relates, and every of them, and so far as may be found expedient for altering the course of proceeding hereinbefore prescribed in respect to such matters or any of them. XXXI. That all such general rules and orders shall be laid before both houses of parliament, if parliament shall be then sitting, immediately upon binding from the making and issuing the same, or, if parliament the time ap- shall not be then sitting, then within five days after pointed, or from the the next meeting thereof; and that such rule every making, un- or order shall from and after the time in that beless objected to by vote of half to be appointed by the Lord Chancellor, with either house such advice and consent as aforesaid, and if no time of parlia ment. shall be so appointed, then from and after the making thereof, be binding and obligatory on the said court, and be of like force and effect as if the provisions therein contained had been expressly enacted by parliament: Provided always, that if either of the houses of parliament shall, by any c. 35. Rules and laid before resolution passed at any time before such house of 13& 14Vict. parliament shall have actually sat thirty-six days after such rules, orders and regulations shall have been laid before such house of parliament, resolve that the whole or any part of such rules or orders ought not to continue in force, in such case the whole or such part thereof as shall be so included in such resolution shall from and after such resolution cease to be binding and obligatory on the said court; provided also, that no such rule or order as aforesaid shall by virtue of this act be of the like force and effect as if the provisions therein contained had been expressly enacted by parliament, unless the same shall be expressed to be made in pursuance of this act; and that every such rule or order so expressed to be made in pursuance of this act which shall not be laid before both houses of orders not parliament within the time by this act limited for parliament that purpose shall from and after the expiration of within time such time be absolutely void and of no effect. void. XXXII. That in the meantime and until any Until rules or such general rules or orders shall be made, and in orders are so far as the same, when made, shall not be appli- not applicable cable, the proceedings under this act shall be governed and regulated by the provisions herein contained so far as the same extend, and in so far as the same do not extend shall, as well with respect to the persons who ought to be made parties to special cases as in every other respect, be governed and regulated by the rules, orders and practice of the said court in suits instituted by bill, so far as the same can be applied thereto; and, subject to such general rules and orders as aforesaid, the costs of all proceedings under this act shall be in the discretion of the said court. limited to be made, and if when made, practice to be according to practice of this act and the court. orders to be subject to XXXIII. That all decrees and orders made Decrees and under the provisions of this act shall be subject to re-hearing, appeal and review, and may be dis- appeal, &c. charged and varied, in the same and the like manner as decrees and orders of the said court made in suits instituted by bill. XXXIV. That the following words and expres- Interpretasions in this act shall have the several meanings tion of terms. c. 35. 13& 14 Vict. hereby assigned to them, unless there be something either in the subject or in the context repugnant to such construction: Commence ment of act. Words importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number; Words importing the masculine gender only shall include females; The expression "Lord Chancellor" shall mean and include the Lord Chancellor, Lord Keeper and Lords Commissioners of the great seal of the united kingdom for the time being; The word " master shall mean master in ordinary of the high Court of Chancery in England; The word "lunatic" shall include idiots and persons of unsound mind, and whether found such by inquisition or not; The word "guardian "shall mean father or testamentary guardian, or guardian appointed by the Court of Chancery (not being a special guardian appointed under the provisions of this act). XXXV. That this act shall commence and take effect from and after the first day of November, one thousand eight hundred and fifty. SCHEDULE referred to by the foregoing Act (a). [Date.] of In the matter of A. B. late of in the county of banker [or as the case may be] deceased. of Upon motion this day made unto this court by Mr. counsel for C. D. of the executor [or administrator] of the above-named A. B. [or upon the humble petition of C. D. the executor (or administrator) of the said A. B., this day preferred unto the Right Honourable the Master of the Rolls for the reasons therein contained], it is ordered, that it be referred to the master of this court in rotation to take an account of the debts and liabilities affecting the personal c. 35. estate of the said A. B., and to compute interest on such of 13& 14 Vict. the said debts and liabilities as carry interest, after the rate of interest the same respectively carry; and the said master is to cause an advertisement to be published in the London Gazette, and such other public papers as he shall think fit, for the persons claiming in respect of any such debts or liabilities to come in before the said master and prove their debts and claims, and he is to fix a peremptory day for that purpose; and such of the said creditors as shall not come in and prove their debts and claims by the time so to be limited are to be excluded the benefit of this order: and it is ordered, that the said master do distinguish debts from liabilites, and liabilities certain from liabilities contingent and it is ordered, that the personal estate of the said A. B. be applied in payment and satisfaction of such debts and liabilities of the said A. B. in a due course of administration; and for the better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said master, upon oath, all deeds, books, papers, and writings in their custody or power relating thereto, and are to be examined upon interrogatories as the said master shall direct; and any of the parties are to be at liberty to apply to the court as there shall be occasion. (a) Ante, s. 19, p. 127. COURT OF APPEAL IN CHANCERY. An Act to improve the Administration of Justice [7th August, 1851. WHEREAS it is expedient that further provision should be made for the administration of justice in the High Court of Chancery and in the Judicial Committee of the Privy Council, be it therefore enacted, as follows: point two per Court of Ap I. It shall be lawful for her majesty, from time Power to her to time, by letters patent under the great seal of the majesty to apunited kingdom, to appoint two persons, being or sons to be having been respectively barristers at law of fifteen judges of the years standing, to be judges of the Court of Appeal peal in Chanin Chancery, and every judge so appointed shall cery. hold his office during good behaviour; provided always, that it shall be lawful for her Majesty to |
