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 restrain proagainst exe ceedings cutors and tors. Protection to XXIV. That after the filing of such report as aforesaid it shall be lawful for the said court, upon the application of the executors or administrators of 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 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 think fit. 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 ap ordinary 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, 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 (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 insufficiency 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). to be heard by the court. Power for court, not to the con.. trary, to re ceive proof by affidavit. (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 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 Vice Chancellors 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 Lord Chan 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 to time. scind and alter general rules and orders for better rules and See orders, 2nd Nov. 1850. Rules and orders to be laid before parliament, binding from and to be the time ap 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 the making and issuing the same, or, if parliament shall not be then sitting, then within five days after the next meeting thereof; and that every such rule 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 pointed, or from the 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 |
