Page images
PDF
EPUB

SECT.

PAGE

[blocks in formation]
[ocr errors]
[merged small][ocr errors][merged small]
[blocks in formation]

SECT.

39. Court may require the production and oral examination of any witness, and determine the payment of costs of such examination

[ocr errors]

40. Any party in a cause may by subpoena require attendance of any witness before an examiner.

41. Evidence subsequent to hearing to be taken in same manner as prior to hearing

PAGE

35

35

39

42. Defendant not to take objection for want of parties in any case to which rules herein set forth shall extend 39-41 43. Cause not to be set down on objection for want of parties 43 44. Court may proceed in any suit, &c., without representa

tive of deceased person, or may appoint one........ 45. Creditor, &c., may summon executor, &c. to show cause why personal estate should not be administered; judge may order administration of such estate 46. Copy of summons to be filed in Record Office of court 47. Creditor, &c., may obtain an order for administration of real estate

48. Court may direct sale of mortgaged property, instead of a foreclosure, on such terms as it may think fit...... 49. Suit not to be dismissed for misjoinder of plaintiffs, but court may modify its decree according to special cir

cumstances

50. No suit to be objected to because only declaratory order sought....

51. Court may decide between some of the parties without making others interested parties to the suit....

43

43

44

45

45

47

48

48

52. In case of abatement, &c., of suit, an order may be made, which shall have same effect as a bill of revivor

49

53. New facts, &c., after commencement of suit, to be introduced as amendments to bill, &c.

51

54. Where account required to be taken, court may give
special directions as to the mode of taking same
55. Court may order real estate to be sold, if required.
56. Before sale of estate, abstract of title to be laid before
some conveyancing counsel.

57. Where real or personal property is the subject of pro-
ceedings, court may allow to parties part or the whole

[ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

58. Practice as to injunctions to stay proceedings at law to
be assimilated to practice as to special injunctions
59. Answer of defendant, on motion for injunction or re-
ceiver, &c., to be regarded as an affidavit

54

54

60. In case directions as to practice, &c., not followed, court may make order and award costs.

54

61. Court of Chancery not to direct cases to be stated for opinions of court of common law, but to decide the

same

55

62. Court may determine legal title of party seeking relief, without requiring parties to proceed to law

55

SECT.

63. Lord Chancellor and judges to make general rules and orders for carrying act into effect.

PAGE

.........

55

64. Such general rules and orders to be laid before parlia

ment

56

65. Power to Lord Chancellor to increase salaries of exami.. ners.

56

If examiner decline to continue, Lord Chancellor may
order a certain annuity to be paid to him

57

66. Construction of terms.

57

[blocks in formation]

1. Office of Masters in Ordinary in Chancery abolished
2. Vacancies in office of Masters not to be filled up
3. Two of the Masters in Ordinary released from their
duties on first day of Michaelmas Term, 1852, &c.
Proviso as to certain matters depending before the said
Masters

4. Option to Masters to retire according to seniority, &c.;
power to Lord Chancellor to release remaining Mas-

ters

5. Masters' salaries and compensation allowance continued by way of retiring pensions, &c.

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

6. Retiring pensions, &c. to be paid in the same manner as present salaries...

60

7. Power to Masters to summon parties, &c., and to settle and wind up proceedings before them

8. Power to Court upon Master's report or certificate to make order for prosecution or final disposal of any suit, &c., and for payment of costs, &c.....

9. On neglect of parties to bring Master's report before the Court, solicitor to Suitors' Fee Fund to do so, and his costs provided for

10. No fresh references to Masters, except in cases already before them, and in matters under Winding-up Acts, 1848 and 1849, until all the Masters are released from their duties, those remaining shall prosecute all the business depending; power now vested in Masters reserved to them for such purposes

61

61

62

11. Power to Master of the Rolls and Vice-Chancellors to
sit at chambers for the despatch of business, &c.
12. Power to Lord Chancellor to provide chambers for the
Masters of the Rolls and Vice-Chancellors

....

63

[blocks in formation]

13. Judges to have same power and jurisdiction as in open

court

63

SECT.

14. Orders made in chambers to be ordinarily drawn up by

judges' clerks, but judges may direct them to be drawn
up by registrars of the court, and may require their
attendance at chambers for the purpose...

PAGE

63

15. Orders made at chambers to have same force as orders of court, &c.

64

16. Power to judges to appoint two chief clerks to each court to assist in the business of the court

64

17. Chief clerk to judges to have been chief clerks to Masters in Ordinary, or solicitors or attornies of ten years practice; certain chief clerks to be chief clerks of three of the equity judges..

...

18. Power to judges to appoint junior clerks
19. Power to Lord Chancellor to remove any officer ap-
pointed under this act engaged in other employment,
or accepting any fee or emolument whatever other
than his salary

20. Solicitors, &c., appointed to any office under this act to
be struck off the rolls

21. Chief clerks to hold office during good behaviour 22. Junior clerks during pleasure

23. Chief and junior clerks to be under control and direction of judges.

24. Chief and junior clerks subject to same penalties, &c., as imposed, &c., under act 3 & 4 Will. 4, c. 94, as respects officers of the Court of Chancery...

25. Power to Lord Chancellor, with concurrence of judges,
to remove chief clerks

26. Business to be disposed of in chambers by the judges
27. Judges may adjourn from open court to chambers, and
vice versa, the consideration of any matter....
28. Mode of proceeding before judges at chambers to be by
summons as at common law...

29. Power to the judges to direct what matters, &c., shall be
heard and investigated by themselves, and what by
their chief clerks; right to suitor to bring any point
before the judge...

30. Power to chief clerks to issue advertisements and summonses, to administer oaths, &c., as the judge shall direct..

31. Parties, &c., not attending, liable to process of contempt, and to penalties for false swearing, &c..

32. Result of proceedings before chief clerk to be embodied in form of short certificate, &c.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[ocr errors]

68

33. No exceptions to lie to certificate, &c.; parties at liberty to take opinion of judge upon any particular point.. 69 34. Certificate, &c., signed and adopted by judge, binding on all parties, unless discharged or varied..

69

35. Sections 13, 14 and 15 of 3 & 4 Will. 4, c. 94, repealed.

[blocks in formation]

SECT.

36. All powers possessed by Masters to be exercised by

judges.

37. Power to judges to exercise the powers given by sections 7, 8 and 9 of this act, and to dispose of any cause, &c., in open court...

38. Power to the Lord Chancellor, with advice, &c., of judges to make rules and orders for regulating the mode of procedure at chambers, payment of fees, &c.

......

39. Business in Master's offices to be conducted in the same manner as similar business is conducted by judges, &c.

40. Power to judges at chambers to take opinion of con-
veyancing counsel in certain matters; parties may
object to such opinion, which may be disposed of in
chambers or open court

41. Power to Lord Chancellor to nominate not less than six
conveyancing counsel of ten years practice, &c....
42. Power to obtain the assistance of accountants, merchants,

&c.

43. Taxing Master to regulate fees to conveyancing counsel, &c., subject to appeal

44. Salary of 1200l. to be paid to each chief clerk, and 250l. to each junior clerk, with power to the Lord Chancellor from time to time to increase same to 1500l. and 300l. respectively

...

45. Pensions to chief and junior clerks in cases of permanent infirmity

46. On retirement of Masters, their chief clerks to be entitled to retiring pensions of same amount as salary

PAGE

[merged small][merged small][ocr errors][merged small][merged small][subsumed][subsumed][ocr errors][merged small][subsumed][merged small][merged small][merged small]

2 2 2 2 2

47. Compensation to junior clerks on retirement of Masters. 74 48. Salaries, &c., to be paid quarterly out of the Suitors' Fee Fund Account

75

49. Payment of compensations to be made quarterly, out of parliamentary securities

75

50. On appointment of Masters or clerks to office or employment under the crown, the retiring pension or compensation under this act to be regulated by the salary, &c., of such office or employment

51. Appropriation of the Masters' Offices in Southampton Buildings

[subsumed][subsumed][ocr errors]

52. Power to her Majesty to appoint a Vice-Chancellor as successor to Sir G. J. Turner

53. Such Vice-Chancellor to have same power, &c., as Sir

G. J. Turner has

54. Officers and attendants to the Vice-Chancellor
55. Salaries of Vice-Chancellor and his officers to be as at
present

79

56. Her Majesty may grant retiring pension to Vice-Chan

cellor so appointed

57. Lord Chancellor may appoint court-keepers

....

« EelmineJätka »