Page images



16. Court may refuse or grant such motion, or make order for

further prosecution, &c.

17. Exceptions to bills, answers, &c., for impertinence abo-



18. Court or judge may order defendant to produce docu-

ments, &c. on oath


19. In certain cases defendant, after answer, may file inter-

rogatories for examination of plaintiff .


20. Upon application of defendant after answer plaintiff may

be required to produce documents on oath


21. Commissions to take answers, &c., within the jurisdic-

tion abolished.


22. Pleas, declarations, &c., in Chancery, how to be sworn

and taken in Scotland, Ireland, the Channel Islands,



23. Penalty for falsely swearing, &c....


24. Penalty for forging signature or seal of judge, &c., em-

powered to administer oaths under this act


25. Answers, &c., to be filed without oath of messenger. 27

26. Issue may be joined by filing replication as at present.. 27

27. Defendant not having been required to answer, and not

answering, may move for dismissal of bill for want of



28. Practice of court as to, and mode of examining witnesses

abolished; court may order particular witnesses to be

examined upon interrogatories, as at present.


29. Plaintiff, where suits by bill at issue, may give notice to

defendant to adduce evidence orally or by affidavit 29

30. Evidence may be taken orally, if required ...


31. Witnesses to be examined by one of the examiners of the

court, in the presence of the parties .....


32. Depositions to be taken down in writing, and read over

to the witness, who shall sign the same in presence of

parties ...


33. If parties refuse to be sworn, or to answer any lawful

question, the same course to be pursued as is now

adopted; proviso as to witness demurring to ques-



34. Original depositions to be transmitted to the Record



35. Commission for examination of witnesses dispensed with 34

36. Affidavits as to particular facts, &c., may be used . 34

37. Affidavits to be divided into paragraphs numbered 34

38. Evidence oral or by affidavit, on both sides, to be closed

within time prescribed by General Order; witnesses

by affidavit to be subject to oral cross-examination

and afterwards to re-examination ; witnesses bound to

attend; as to expenses attending cross-examinations,





39. Court may require the production and oral examination

of any witness, and determine the payment of costs
of such examination

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

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

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... 43 45. Creditor, &c., may summon executor, &c. to show cause

why personal estate should not be administered; judge
may order administration of such estate

43 46. Copy of summons to be filed in Record Office of court 44 47. Creditor, &c., may obtain an order for administration of real estate

45 48. Court may direct sale of mortgaged property, instead of

a foreclosure, on such terms as it may think fit...... 45 49. Suit not to be dismissed for misjoinder of plaintiffs, but

court may modify its decree according to special cir-

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

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

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 52 55. Court may order real estate to be sold, if required 53 56. Before sale of estate, abstract of title to be laid before some conveyancing counsel.

53 57. Where real or personal property is the subject of pro

ceedings, court may allow to parties part or the whole
of the annual income

53 58. Practice as to injunctions to stay proceedings at law to

be assimilated to practice as to special injunctions 54 59. Answer of defendant, on motion for injunction or receiver, &c., to be regarded as an affidavit

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

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


[ocr errors]

same ....



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

55 64. Such general rules and orders to be laid before parliament

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 67. Commencement of act


57, 58

[ocr errors]


59 59








15 & 16 Vict. c. 80. 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 Mas5. Masters’ salaries and compensation allowance continued

by way of retiring pensions, &c. 6. Retiring pensions, &c. to be paid in the same manner

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







63 SECT.





64 64


65 65 65


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....
15. Orders made at chambers to have same force as orders of

court, &c. 16. Power to judges to appoint two chief clerks to each court

to assist in the business of the court
17. Chief clerk to judges to have been chief clerks to Mas-

ters 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 re

spects 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 sum-

monses, 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. 33. No exceptions to lie to certificate, &c.; parties at liberty

to take opinion of judge upon any particular point .. 34. Certificate, &c., signed and adopted by judge, binding

on all parties, unless discharged or varied.. 35. Sections 13, 14 and 15 of 3 & 4 Will. 4, c. 94, re

pealed .


66 67









69 SECT.


36. All powers possessed by Masters to be exercised by judges ...

70 37. Power to judges to exercise the powers given by sec

tions 7, 8 and 9 of this act, and to dispose of any
cause, &c., in open co

70 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.

70 39. Business in Master's offices to be conducted in the same

manner as similar business is conducted by judges,

71 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

71 41. Power to Lord Chancellor to nominate not less than six

conveyancing counsel of ten years practice, &c.. .... 72 42. Power to obtain

the assistance of accountants, merchants, &c.

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

72 44. Salary of 12001. to be paid to each chief clerk, and 2501.

to each junior clerk, with power to the Lord Chancellor
from time to time to increase same to 15001, and 3001.

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

73 46. On retirement of Masters, their chief clerks to be entitled

to retiring pensions of same amount as salary ...... 73 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 employ

ment under the crown, the retiring pension or com-
pensation under this act to be regulated by the salary,
&c., of such office or employment

76 51. Appropriation of the Masters' Offices in Southampton Buildings

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

77 53. Such Vice-Chancellor to have same power, &c., as Sir G. J. Turner has

78 54. Officers and attendants to the Vice-Chancellor ..

78 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

79 57. Lord Chancellor may appoint court-keepers .


« EelmineJätka »