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sum of six thousand pounds, free and clear from 14&15Vict. all taxes and deductions.

c. 83.

6,000l. to be

of the Court

under this act

vidends aris

XIX. Out of the interest and dividends that Salary of have arisen or may hereafter arise from the govern- paid to each ment or parliamentary securities now or hereafter of the judges to be placed in the name of the accountant-general of Appeal apof the Court of Chancery to the two accounts, inti- pointed tuled "Account of Monies placed out for the Bene- out of the infit and better Security of the Suitors of the High terest and diCourt of Chancery," and "Account of Securities ing from purchased with surplus Interest arising from Secu- suitors' fund. rities carried to an Account of Monies placed out for the Benefit and further Security of the Suitors of the High Court of Chancery," or either of them, there shall be paid (but subject and without prejudice to the payment of all salaries or sums of money by any former act or acts now in force directed or authorized to be paid thereout) (a), by the governor and company of the Bank of England, by virtue of any order or orders of the Lord Chancellor to be made from time to time for that purpose, without any draft from the accountant-general, the net yearly salary of six thousand pounds to each of the judges of the said Court of Appeal for the time being appointed under this act, the net yearly salary of four hundred pounds to his secretary, the net yearly salary of two hundred and fifty pounds to his usher, the net yearly salary of one hundred pounds to his trainbearer; and also a sum of forty pounds per annum to each of the persons appointed or to be appointed under the act of the session holden in the fiftieth year of the reign of King George the third, chapter one hundred and sixtyfour, and under the act of the session holden in the fifth year of the reign of her majesty, chapter five, to keep order in the courts therein mentioned, and in addition to the salary of forty pounds thereby provided; all such payments to be made respectively on the days and according to the provisions as to proportionate parts thereof respectively and otherwise mentioned and contained in the said last-mentioned act in relation to the salaries of the

H

14&15 Vict. Vice-Chancellors and officers appointed under such

c. 83.

Power to her majesty to

grant an an

judges on his

act.

(a) See 15 & 16 Vict. c. 87, s. 16, ante, p. 89.

XX. It shall be lawful for her majesty, by letters patent under the great seal of the united kingdom, nuity to each to grant to any person appointed to and executing of such the office of a judge of the said Court of Appeal resignation. in pursuance of this act, an annuity not exceeding three thousand seven hundred and fifty pounds, to commence and take effect immediately after the period when the person to whom such annuity is granted resigns his office, and to continue from thenceforth during the natural life of such person; and such annuity shall be issued and payable out of and charged upon the consolidated fund of the united kingdom, after paying or reserving sufficient to pay all such sums of money as by any acts of parliament now in force have been directed to be paid thereout, but with precedence to all other payments which shall hereafter be charged thereupon; and such annuity shall be paid on the days and according to the provisions mentioned and contained in the said act of the fifth year of her majesty, in relation to the annuities granted on resignation of office to the Vice-Chancellors appointed under that act: provided always, that it shall be lawful for her majesty to limit the duration of such annuity or any part thereof to such periods of time during the natural life of such person as he shall not exercise any office of profit under her majesty, so that such annuity, together with the profits of such office, shall together not exceed the said sum of three thousand seven hundred and fifty pounds: provided also, that no annuity granted to any person having executed the said office of a judge of the said Court of Appeal shall be valid unless such person have held such office for the period of fifteen years, or have held such office, and any of the offices of Master of the Rolls, Vice-Chancellor, or judge of one her Majesty's superior courts of common law at Westminster, for periods amounting together to fifteen years, or be affected with some permanent infirmity disabling him from the due execution of

c. 83.

cellor em

necessary, to appoint an

registrar.

his office, which shall be distinctly recited in the 14&15 Vict. said grant. XXI. It shall be lawful for the Lord Chancellor Lord Chan(in case it shall hereafter appear to be necessary) powered, if by writing under his hand to appoint one additional he think it registrar to the Court of Chancery, and from time to time to fill up any vacancy in the said office; and additional the person to be appointed such additional registrar shall be the senior of the clerks to the registrars of the said court for the time being, to whom no sufficient objection to the satisfaction of the Lord Chancellor shall be made; and such additional registrar shall rank next after the junior of the registrars for the time being appointed under the act of the fifth year of the reign of her present majesty, chapter five, and shall personally do and perform all the duties and have and enjoy all the rights and privileges belonging to the office of registrar, and shall be subject to the several provisions and penalties contained in the said act relating to the registrars of the said court, and be entitled, in case of permanent infirmity or after continuing in office for forty years, to the like annuity as if he had been appointed registrar in and by the said act: provided always, that the acceptance of the office of additional registrar by such senior clerk for the time being shall be without prejudice to all his rights of succession to the office of registrar under the said act.

be paid out of

XXII. Out of the fund placed to the credit of Salary of such the accountant-general of the said court, intituled registrar to "The Suitors' Fee Fund Account," or the other suitors' fund. funds charged with and made liable for the payment of the salaries of the present registrars, there shall be paid to such additional registrar from the date of his appointment the salary or net yearly sum of one thousand two hundred and fifty pounds, and also, so long as he shall be liable for the expenses of writing and copying the decrees and orders, and the minutes of the decrees and orders of the said court, the yearly sum of one hundred pounds, on the days and in the manner provided by the said act of the fifth year of the reign of her

14&15 Vict. present majesty, chapter five, with respect to the payment of the salaries of the present registrars.

c. 83.

Additional

salary to the clerk to the

eleventh

registrars.

Interpreta

"Lord Chan

cellor."

XXIII. In the event of the appointment of such additional registrar there shall be paid to the eleventh clerk to the registrars for the time being, from the date of such appointment, out of the said fund, intituled "The Suitors' Fee Fund," or such other funds as aforesaid, the same salary or yearly sum, and on the same days and in the same manner, as by the said act of the fifth year of the reign of her present majesty, chapter five, is appointed and directed to be paid to the seventh, eighth, ninth and tenth clerks to the registrars.

XXIV. In the construction of this act, unless tioned tem such meaning be repugnant to or inconsistent with the context, the expression "Lord Chancellor" shall mean and include the Lord High Chancellor of Great Britain, and the Lord Keeper or Lords Commissioners of the great seal of the united kingdom for the time being.

PROCEEDINGS BY CLAIM.

Order of Court, 22nd day of April, 1850. THAT all and every the rules, orders, and directions hereinafter set forth shall henceforth be (22nd day of May, 1850, Order 34, post, p. 174), and for all purposes be deemed and taken to be, General Orders and Rules of the High Court of Chancery (a); viz.

(a) These orders were intended to apply to simple cases; and in determining what is a simple case, the test is to see whether a decree would have been of course if the case made

by the claim had been raised by bill, bringing all proper parties before the court. Before it will give relief upon a claim, the court must see its way to a decree at the hearing. It will not send the case to originate in the master's office,-there, by means of a roving inquiry, to obtain materials upon which to found a decree which shall work out the rights of the parties. (Eccles v. Cheyne, 15 Jur. 744; 9 Hare, 215.) These orders do not and were not intended to extend to injunctions.

(Holden v. Calcraft, 14 Jur. 846; Carmichael v. Ogilby, 14 Jur. 473; Moore v. Saintey, 14 Jur. 568.) A receiver may be appointed under a claim. (Chalk v. Sanders, 14 Jur. 847; Kemplay v. Higgins, ibid.; Bickford v. Chalker, 14 Jur. 997.) Parties resorting to the summary jurisdiction of the court by claim, are bound to state all the facts of the case which are within their own knowledge, and are not justified in merely stating those facts which they may consider material in the view they take as to the relief to which they may be entitled. (Goode v. West, 15 Jur. 1025; 9 Hare, 378.) Therefore, where the cestui que trust of an aliquot share of a trust fund, being aware that the trustees had severed the share and paid it into court under the Trustee Indemnity Acts, retaining only a sum in respect of costs, filed a claim, suppressing the fact of the severance and payment into court of the aliquot share, and seeking to have the whole trust fund administered by decree of the court, the claim was dismissed with costs. (İbid.; see Bromitt v. Moor, 9 Hare, 374.) In a case where the claim set out some portions only of the deed in question, others being barely referred to, it was held that it was necessary that the claim should state plainly the whole matter, and that it must be modified before it could be filed. (Dansey v. Marshall, 14 Jur. 639.) When the forms given in the schedule to these orders do not in words meet the case under consideration, counsel should alter them to meet it, if it be within the spirit of the order. (Hanson v. Games, 14 Jur. 543; 19 L. J. Chan. 571.)

April 22,

1850.

mence pro

I. Any person seeking equitable relief may, with- Parties who out special leave of the court (b), and instead of may comproceeding by bill of complaint in the usual form, ceedings in file a claim in the record and writ clerks office, in Chancery by any of the following cases; that is to say, in any instead of a case where the plaintiff is or claims to be,—

(b) Leave is not required for filing a claim by a married woman by her next friend. (Rolling v. Hargrave,19 L. J., Chan., 570. See 6th Order, and notes of the cases where special leave to file claims has been granted, post, pp. 154-158.)

filing a claim

bill.

deceased.

1. A creditor upon the estate of any deceased Creditor of person, seeking payment of his debt out of the deceased's personal assets (c).

(c) A creditor filed a claim for payment of his debt against Creditor. the widow of the debtor, who had possessed herself of and administered her assets, but had not taken out letters of administration. It was held that the suit was defective for want of parties, and that it was necessary to procure administration to the debtor, who died intestate, and leave was given to amend the claim for that purpose. (Creason v. Robinson, 15 Jur. 1049.)

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