Page images
PDF
EPUB

officer ap

engaging in

accepting any

ever other

ment whatever whilst he holds such office, or shall 15 & 16Vict. receive any sum of money or benefit other than his c. 80. salary and what may be allowed or directed to be move any taken by him under any act of parliament or order pointed unof the said court or of the Lord Chancellor, for any der this act act done or pretended to be done, or any attendance other emgiven or pretended to be given, either with or with- ployment or out the consent or direction or pretended consent or fee or emodirection of the judge, in relation to or arising out lument whatof any proceeding in his office, or in any office of than his saor connected with the Court of Chancery, or if such lary. person, being or having been a solicitor or attorney, shall directly or indirectly receive or secure to himself any continuing benefit from any business or firm in which he may have been engaged previously to his appointment to such office, the person so offending may be removed from his office by order of the Lord Chancellor, and shall be rendered incapable of afterwards holding any office, situation, or employment in the said court.

to any office

act to be

XX. Every solicitor or attorney who shall be Solicitors, appointed to and shall accept any office under this &c.appointed act shall cease to be an attorney or solicitor, and under this shall forthwith procure himself to be struck off the struck off the roll of solicitors of the high Court of Chancery, and rolls. off the roll of any of her majesty's courts of record at Westminster on which his name may be.

during good

XXI. Every such chief clerk shall hold his chief clerks office during his good behaviour, and so long as he to hold office shall personally give his attendance upon his duties, behaviour; and shall conduct himself honestly and faithfully in the execution of the duties of his office, but subject to the power hereinafter contained to remove any chief clerk for any cause which the Lord Chancellor and judges removing may think sufficient.

XXII. Every such junior clerk shall hold his and clerks office at the pleasure of the judge to whose court during pleahe shall be attached.

sure.

nior clerks to

XXIII. Such chief clerks and junior clerks Chief and jushall be respectively under the control of the judge be under to whose court they shall respectively be attached, control and and shall attend at such places, during such times, judges.

direction of

c. 80.

Chief and junior clerks subject to same penalties, &c.

as imposed,

&c. under act 3 & 4

15 & 16Vict. and for such hours in each day, and perform such duties, as such judge shall from time to time direct. XXIV. Every chief clerk and every junior clerk to be appointed under this act, shall be subject and liable to such and the same prohibitions, prosecutions, penalties and punishments, as are by an act passed in the session holden in the third and fourth as years of the reign of King William the Fourth, chapter ninety-four, imposed and directed with respect to persons holding any office, situation, or employment in the said Court of Chancery, or under any of the judges or officers thereof, in the same manner as if the enactments therein contained relating to such officers of the said court respectively were here repeated (a).

W. 4, c. 94, ficers of the

respects of

Court of
Chancery.

Officers and

clerks not to take gratuities.

(a) See 15 & 16 Vict. c. 87, s. 3. The act 3 & 4 Will. 4, c. 94, s. 41, enacts, that if any master in ordinary of the High Court of Chancery, or any person holding any office, situation or employment in any office of the said court, or under any of the judges or officers thereof, shall for any thing done or pretended to be done relating to his office, situation or employment, or under colour of doing any thing relating to his office, situation or employment, wilfully take, demand, receive or accept, or appoint or allow any person whatsoever to take for him or on his account, or for or on account of any person by him named, or in trust for him or for any other person by him named, any fee, gift, gratuity or emolument, or any thing of value other than what is allowed or directed to be taken by him as aforesaid, the person so offending, when duly convicted, Penalty on shall forfeit and pay the sum of five hundred pounds, and shall conviction of be removed from any office, situation or employment he may hold in the said court, and shall be rendered and is hereby rendered incapable for ever thereafter of holding any office, situation or employment in the said court, or otherwise serving his majesty.

offenders.

How offend

ers may be prosecuted.

Power to
Lord Chan-

cellor, with

of judges, to

Section 42 enacts, that any such offender may be prosecuted either by information at the suit of his majesty's attorneygeneral, or by criminal information before his majesty's Court of King's Bench, or by indictment.

XXV. It shall be lawful for the Lord Chancellor, with the concurrence of the Master of the Rolls concurrence and Vice-Chancellors for the time being, or any remove chief two of them, by any order to remove any chief clerks. clerk to be appointed under this act from his office, without stating any cause for such removal.

c. 80.

in chambers

XXVI. The business to be disposed of by the 15& 16Vict. Master of the Rolls and Vice-Chancellors respectively, while sitting at chambers, shall consist of Business to such of the following matters as the judge shall be disposed of from time to time think may be more conveniently by the judges. disposed of in chambers than in open court; videlicet, applications for time to plead, answer or demur; for leave to amend bills or claims; for enlarging publication; and also applications for the production of documents; applications relating to the conduct of suits or matters; applications as to the guardianship and maintenance of infants; matters connected with the management of property; and such other matters as each such judge may from time to time see fit, or as may from time to time be directed by any general order of the Lord Chancellor.

adjourn from

versâ, the

XXVII. It shall be lawful for the Master of the Judges may Rolls and every of the Vice-Chancellors respec- open court to tively, when sitting in open court, to adjourn for chambers, consideration in chambers any matter which, in the advice opinion of such judge, may be more conveniently consideration disposed of in chambers, or, when sitting in chambers, to direct any matters to be heard in open court, which he may think ought to be so heard.

of any matter.

ceeding be

XXVIII. The mode of proceeding before the Mode of proMaster of the Rolls and Vice-Chancellors respec- fore judges at tively, at chambers, shall be by summons, and as chambers to near as may be according to the form now adopted by the judges of the superior courts of common common law. law, when sitting at chambers.

be by summons as at

what

shall be heard

themselves,

XXIX. From and after the first day of Michael- Power to the mas term, one thousand eight hundred and fifty- judges to ditwo, the Master of the Rolls and the Vice-Chan- matters, &c. cellors respectively, shall have the sole power and investi(subject to any rules which may be made by the gated by Lord Chancellor, with the advice and assistance of and what by them, or any two of them) to order what matters their chief and things shall be investigated by and before their respective chief clerks, either with or without their direction, during their progress, and what matters and things shall be heard and investigated by

clerks.

c. 80.

15& 16Vict. themselves; and particularly, if the judge shall so direct, his chief clerks respectively shall take accounts, and make such inquiries as have usually been prosecuted before the chief clerks of the present masters; and the judge shall give such aid and directions in every or any such account or inquiry as he may think proper, but subject nevertheless to the right hereinafter provided for the suitor to bring any particular point before the judge himself.

Right to suitor to bring any

point before the judge.

Power to chief clerks

to issue ad

and summonses, to administer oaths, &c. as the judge shall direct.

XXX. Each chief clerk shall, for the purpose of any proceedings directed by the Master of the vertisements Rolls or any Vice-Chancellor, to be taken before him, have full power to issue advertisements, to summon parties and witnesses, to administer oaths, to take affidavits and acknowledgments, other than acknowledgments by married women, to receive affirmations (b), and, when so directed by the judge to whose court he is attached, to examine parties and witnesses, either upon interrogatories or vivá voce, as such judge shall direct.

Parties, &c. not attending liable to process of contempt

and to penalties for false

swearing, &c.

Result of

before chief

(b) See 15 & 16 Vict. c. 86, s. 35, note (q), ante, p. 34.

XXXI. Parties and witnesses so summoned shall be bound to attend in pursuance of any such summons, and shall be liable to process of contempt, in like manner as parties or witnesses are now liable thereto, in case of disobedience to any order of the said court, or in case of default in attendance, in pursuance of any order of the said. court, or of any writ or subpoena ad testificandum; and all persons swearing or affirming before any such chief clerk, shall be liable to all such penalties, punishments and consequences, for any wilful and corrupt false swearing or affirming contained therein, as if the matters sworn or affirmed had been sworn and affirmed before any person now by law authorized to administer oaths, to take affidavits, and to receive affirmations.

XXXII. The directions to be given by the proceedings Master of the Rolls or any Vice-Chancellor for or touching any proceedings before his chief clerk embodied in shall require no particular form, but the result of

clerk to be

c. 80.

such proceedings shall be stated in the shape of a 15 & 16Vict. short certificate to the judge, and shall not be embodied in a formal report, unless in any case the form of short judge shall see fit so to direct; and when the judge &c. shall approve of such certificate or report he shall sign the same in testimony of his adopting the

same.

certificate,

tions to lie to

judge upon

any particular point.

XXXIII. No exceptions shall lie to any certifi- No excep cate or report of the chief clerk, although signed certificate, and adopted by the judge; but any party shall, &c. either during the proceedings before such chief Parties at liclerk, or within such time after such proceedings opinion of shall have been concluded, and before the certificate or report shall have been signed and adopted, as the Lord Chancellor shall by any general order direct, be at liberty to take the opinion of the judge upon any particular point or matter arising in the course of the proceedings, or upon the result of the whole proceeding when it is brought by the chief clerk to a conclusion.

&c. signed

binding on

charged or

XXXIV. When any certificate or report of the Certificate, chief clerk shall have been signed and adopted by and adopted the judge the same shall be filed in like manner as by judge reports are now filed, and shall thenceforth be bind- all parties, ing on all the parties to the proceedings, unless dis- unless discharged or varied, either at chambers or in open varied. court, according to the nature of the case, upon application by summons or motion within such time as shall be prescribed in that behalf by any general order of the Lord Chancellor; and nothing herein contained shall prejudice or affect the power of the court at any time to open any such certificate or report upon the same or the like grounds as any report of a master of the said court which has been absolutely confirmed may now be opened.

14 & 15 of

XXXV. From and after the first day of Michael- Sections 13, mas term, one thousand eight hundred and fifty-two, 3 & 4 Will. 4, the thirteenth, fourteenth and fifteenth sections of c. 94, rethe act passed in the session of parliament holden pealed. in the third and fourth years of the reign of his Majesty King William the Fourth, chapter ninetyfour, shall be repealed (c).

(c) See 13 & 14 Vict. c. 35, s. 26.

« EelmineJätka »