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[No. X.] 4 & 5 W. IV. c. 78.—An Act for the Amendmen
of the Proceedings and Practice of the High Court
[14th August 1831. WHEREAS it is expedient that the laws relating to entering appear
ances and taking bills pro confesso in the high court of chancery in Ireland should be amended, and that the costs and expences of pro ceedings in the said court should be diminished, and that increased faci
lities should be afforded for the dispatch of business therein : Be it If a defendant therefore enacted, &c., That where any defendant to any suit instituted has been served in the said court shall be duly served in Ireland with process of subwith process,
pæna to appear and answer in such suit, and shall refuse or neglect to and neglects to appear thereto, an appearance shall and may, after the expiration of appear after
eight days, exclusive of Sundays and holidays, from the due service of eight days,
such subpæna, be entered for such defendant, at the instance of the an appearance plaintiff, in such manner and form as the court, by any general order or may be entered and proceed
orders to be made in pursuance of this act, shall direct ; and that thereings had.
upon such further proceedings may be had in the cause as if the defen
dant had actually appeared. Rule books of II. And whereas it is expedient, for the further diminishing the exthe court to be pence of suits in the said court, that an alteration should be made in open upon all the practice of the said court by abolishing petitions as herein-after days except provided; be it therefore enacted, That from and after the commenceSundays and ment of this act the rule books of the said court shall be deemed holidays.
open in the registrar's office of the said court upon all days of the year except Sundays and holidays, and accordingly that all side bar rules and rules of course shall be entered in the said rule books upon all days of the year, except Sundays and holidays, without petition, in like manner as the same are now respectively entered in the said books during the sittings of the court, or in such form and manner as the said court by any general order or orders to be made in pursuance of this
act shall direct. Motion books III. That from and after the commencement of this act the motion to be open dur- books of the said court shall be deemed open in the registrar's ing the sitting
office of the said court during the sittings of the court, and accordof the court;
ingly that all orders to be made in open court in causes, including and orders may motions to vacate recognizances, or in causes and matters, shali be made without petition.
henceforth during the sitting of the court be made and entered without petition, except in such cases as from their nature or by statutory enactments require a petition to be preferred, or unless the court shall
, for special reason in any particular case, require a petition
to be preferred. Decrees and IV. That any person shall be at liberty to take an office copy of so orders of the much only of any decree, order, report, or exceptions as he may require, court. and that, unless the court shall otherwise specially direct, no recitals
shall be introduced in any decree or order of the said court, but the
visions of this act in regard thereto.
court, it shall and may be lawful for such master or other officer of the
of the attested copy of such decree or order signed by the register, and No. X. without in any way requiring an enrolment or exemplification of such 4 & 5 W. 4, decree or order to be produced to warrant the sale, mortgage, or other
c. 78. disposition by the decree or order directed.
VI. That in all cases the service of an attested copy of any decree or Service of an order of the said court shall be a sufficient service thereof to warrant an attested copy attachment and all subsequent proceedings for not complying with such of a decree to decree or order; and that it shall and may be lawful for the court to be sufficient to proceed by attachment or otherwise as it shall deem proper, upon the warrant attachservice of such attested copy, without requiring an exemplification of such decree or order to be served as a warrant for any attachment or subsequent proceeding for not complying with such decree or order.
VII. That the court may, on petition, appoint a receiver of the real The court may and personal estate of a minor or minors without a bill being filed for appoint a rethat purpose ; and that in all cases in which a receiver shall be appointed ceiver of estates on petition, it shall and may be lawful for the court to make all such of minors. orders as may be necessary from time to time for the recovery of the rents or for the setting of the lands and premises over which such receiver shall be appointed, as fully and effectually as if such receiver had been appointed under a bill filed.
VIII. That when any person who has been or shall be directed by If any person any decree or order of the said court to execute any deed or other in- neglects to exestrument, or make a surrender or transfer, or to levy a fine, or suffer a cute any deed recovery, if it shall appear upon affidavit or affidavits to be made to the or transfer, the satisfaction of the court that such person refuses, declines, or neglects court may order to execute same, it shall and may be lawful for the court, after the expi- a master in orration of ten days from the service of the decree or order personally, and
dinary to exe
cute the same. tender of such deed or instrument for execution, to make an order, upon motion in open court, that one of the masters in ordinary of the said court shall execute such deed or other instrument, or make such surrender or transfer, or levy such fine, or suffer such recovery, in the name of such person, and do all acts necessary to give validity and operation to such fine and recovery, and to lead or declare the uses thereof; and the execution of the said deed or other instrument, or the surrender or transfer, made by the said master, and the fine or recovery levied or suffered by him, shall in all respects have the same force and validity as if the same had been made or executed, levied or suffered by the party himself.
IX. That from and after the commencement of this act it shall and The deputy may be lawful for the deputy keeper of the rolls for the time being, and keeper of the also for the clerk of the inrolments for the time being, and the persons rolls or clerk of who shall hereafter be appointed from time to time to the said offices inrolments may respectively, and they are hereby respectively fully authorized, em
administer powered, and required, to administer the oaths, and take the affirma- oaths and take tions and attestations of honour, which may be required by the practice
affirmations. of the said court, to all pleadings to be filed or lodged in the rolls office of the said court, and also to administer the proper and necessary oaths and affirmations to the returns of all commissions to take such pleadings, in like manner and to the like extent as the masters in ordinary of the said court, and the several clerks and examiners of the said masters, are now authorized to administer the same, any thing contained in an act passed in the sixth year of the reign of his late Majesty king George 6 G. 4, c. 30. the fourth, intituled An Act to amend an Act of the Fourth Year of his present Majesty's Reign, for the better Administration of Justice in the Court of Chancery in Ireland, to the contrary notwithstanding ; and that Masters in ordithe said masters in ordinary, and their clerks or examiners, shall no nary and their longer administer the said oaths or take the said affirmations or attes- clerks not to tations of honour, without prejudice to their rights and jurisdictions to administer administer oaths and take affirmations and attestations of honour to all oaths. documents or proceedings not herein specified : Provided always, That Proviso for the the deputy keeper of the rolls, or clerk of the inrolments in the absence deputy keeper
No. X. of the deputy keeper of the rolls, shall not be required, except under 4 & 5 W.4, special order of the court, to go out of his office to administer the said c. 78. oaths or take the said affirmations or attestations of honour pursuant to
this act; and provided also, That whenever either of the said officers of the rolls shall be required by any order of the court to attend out of the said and clerk of the office for the purposes aforesaid, the charge for every such attendance of inrolments. the deputy keeper of the rolls or clerk of the inrolments, as the case may
be, together with the rate of his travelling expences, if any, shall be expressed in such order of the court; and that it shall and may be lawful for the said deputy keeper of the rolls or the clerk of the inrolments respectively to receive such sum for his attendance, and also such rate of travelling expences, as shall be expressed in such order of the court, and
no other or greater sum. Persons swear.
X. That all persons swearing to, affirming, or attesting the said docuing before de- ments or any of them before the said deputy keeper of the rolls, or before puty keeper or the said clerk of the inrolments, as the case may be, shall be liable to clerk of inrol- all such penalties, punishments, and consequences for any wilful and ments to be
corrupt false swearing or perjury contained therein, as if the same had subject to pe- been sworn, affirmed, or attested before the said court of chancery, or all nalties for perjury.
or any of the masters in ordinary thereof.
XI. That all and every the stamp duties imposed and enacted by the Stamp duties
act made in the fourth year of the reign of his late Majesty king George imposed by
the fourth, intituled An Act to grant additional Stamp Duties on certain 4 6. 4. C. 70Proceedings in the Court of Chancery and in the Equity Side of the Court
to be collected.
of Exchequer in Ireland, and the schedule thereto annexed, shall continue and be collected and enforced as to the said documents and every of them as fully and effectually as if the said last-mentioned act were reenacted and expressly applied to the said documents and each of them when transacted as part of the business of the deputy keeper of the rolls,
or clerk of the inrolments, as the case may be. Masters in or
XII. That the said masters in ordinary of the said court shall have dinary empow- authority to hear and determine and make orders upon all such matters ered to hear relating to the conduct of suits in their respective offices as the lord matters relating chancellor with the advice and assistance of the inaster of the rolls, by to the conduct any general order or orders, shall direct ; and that it shall and may be of suits, and to lawful for the said masters to order and direct that the costs of all or any direct the pay- of the parties upon any proceedings before them shall be costs in the ment of costs.
cause or matter, or to be forthwith paid by and to such person or persons as they shall deem just, or to award such liquidated sum by way of costs to any of the parties as they shall think reasonable, and to be paid by such person or persons or out of such fund as they shall deem just; and the said master shall cause all such orders to be drawn up in a short form, and when signed shall cause the same to be entered in books to be kept for that purpose exclusively in their respective offices; and all such orders, if not reversed or varied, shall be as binding as an order of the court itself, and the costs awarded thereby shall be recovered in like
manner as costs directed to be paid by the court itself. Depositions.
XIII. That henceforth all depositions of witnesses examined in the General orders.
said court shall be taken in the first person, and in no other form; and that it shall and may be lawful for the lord chancellor, by and with the advice and assistance of the master of the rolls, to make and issue such general orders as he shall think fit for abolishing or altering any writ or writs of process, or any pleading or course of proceeding in suits now pending or hereafter to be commenced in the said court; and that it shall and may be lawful for the lord chancellor, with the advice and assistance of the master of the rolls, and he is hereby required, forthwith to make and issue such general orders as he shall think fit for carrying the provisions of this act into execution; and also such other rules and orders, not being inconsistent with the enactments and provisions of this act, as he, with the advice and assistance of the master of the rolls, shall think fit and proper for simplifying, establishing, and settling the course of practice of the said court and of its several offices.
XIV. That the lord chancellor, by and with the advice and assistance
No. X. of the master of the rolls, shall be and he is hereby authorized and em- 4 & 5 W. 4, powered, by any general order or orders to be made and issued by him c. 78. from time to time, to annul, alter, or vary any general order or orders which may have been so as aforesaid made and issued, and to make any General orders new general order or orders for the purposes herein-before mentioned, may be varied.
of them. XV. That the several offices of the said court of chancery shall be Hours of busiand continue open for the dispatch of business upon such days of the ness in the seyear and during such hours in the day, and that the officers and clerks veral offices. belonging thereto respectively shall attend in such offices in the discharge of their several duties during such times and for such number of hours in each day, as the lord chancellor, with the advice and assistance of the master of the rolls, shall by any general order or orders to be issued from time to time direct; and that the officers and clerks in the said respective offices shall give their personal attendance in their respective offices in the discharge of their official duties during the times they shall so as aforesaid be directed to attend, unless otherwise engaged in the business of their respective offices, or unless prevented by sickness or other unavoidable cause : Provided always, That where any of can be legally executed by deputy, nothing herein contained, or in any order to be made in pursuance thereof, shall be construed to compel the principal to attend in person.
XVI. That each of the said masters in ordinary of the high court of Masters in orchancery shall, within the first four days of Michaelmas term in each dinary to report and every year, present or cause to be presented to the lord chancellor a certain particureport in writing, under the hand of such master, stating the days on
lars annually to which he shall have attended at his office, for and during twelve months the lord chan
cellor. preceding such return, in the performance of his duty, specifying the number of hours occupied in each of such day's attendance as aforesaid, and further, that each such master shall annex to such his report a list or schedule, to be signed by him in like manner, of the several causes, petitions, or matters of every description then pending in his office, showing the then state and stage of the same respectively, designating each cause, petition, or matter by the name or names of the party or parties thereto, or some of them, with the name or names of each solicitor engaged therein, and also the state of the account of each receiver, committee of a lunatic, or guardian of an infant, whose accounts are passed in his office, and the balance (if any) remaining in the hands of such receivers, committees, and guardians respectively; and thereupon it shall be lawful for the said lord chancellor to make and issue such order for filing or depositing and otherwise giving publicity and access to such list or schedule as he in his discretion shall think fit.
XVII. That no person shall be compelled or required to take or pay Persons not for any copy of any paper or docuinent being in any office of the said compelled to court; and that every person shall be at liberty to take out and pay for pay for the enonly so much or such part of any paper or document being in any office tire copy of a of the said court as such person may require, without being in any case paper when recompelled to take out or pay for the entire of the paper or document quiring only a being in the office.
portion of it, XVIII. That the powers and authorities given by this act to the lord Powers given high chancellor of Ireland shall and may be exercised in like manner to the lord and are hereby given to the lord keeper or lords commissioners for the chancellor may custody of the great seal of Ireland respectively for the time being,
be exercised by XIX. And whereas by an act passed in the parliament of Ireland, in
the lord keeper. the twenty-third and twenty.fourth years of the reign of his late Majesty 24 G. 3. (I.) king George the third, intituled An Act for the better securing the Monies and Effects of the Suitors of the Court of Chancery and the Court of Exchequer by depositing the same in the National Bank, and to prevent the forging and counterfeiting any Draft, Order, or other Voucher for the Pay. ment or Delivery of such Money or Effects, or other Purposes, it was enacted, that all the monies and cash that shall be paid into and deposited
No. X. in the said bank on account of the suitors of the said court of chancery, 4 & 5 W. 4, or by order of the said court, shall be accounted and taken to be one c. 78. common or general fund, and to be issued and payable as the court of
chancery shall direct: And whereas from many years experience it hath been found that there always hath been a very large sum of money belonging to the suitors of the court of chancery in Ireland lying in the said bank unproductive to the suitors of the said court: And whereas it is expedient that a part of the said money belonging to the suitors of the said court should be rendered productive for the purposes
herein-after mentioned; be it therefore enacted, That out of the Part of the
cash belonging to the suitors of the said court of chancery which suitors fund to
now lies in the bank of Ireland unproductive to the suitors a sum of be set apart for a compensation
two hundred thousand pounds shall and may, by any order or orders fund.
of the said court, be invested in one entire sum, or in parcels, in such government or parliamentary securities as in and by such order or orders shall be directed, and be placed to an account to be intituled “ An Ac. count of the Compensation and Fee Fund of the Suitors of the Court of Chancery in Ireland,” to the intent that the interest and annual profits arising from the money so to be placed out as aforesaid may be applied for the purposes herein-after mentioned; and it shall be lawful for the said court, from time to time, by any order or orders to be made for the purpose, to change the security or securities on which the said money shall be invested.
XX. That the interest and annual produce arising from the securities Produce of the in which the said sum of two hundred thousand pounds shall be invested fund to be shall from time to time be received by the governor and company of the placed to the
bank of Ireland, and placed to the credit of the accountant general of account of the the said court, in an account to be opened and called “ An Account of accountant-ge- the Interest and Produce of the Compensation and Fee Fund of the neral in the
Suitors of the Court of Chancery in Ireland;" the same to be issued bank of Ireland.
and applied pursuant to the directions of this act.
XXI. That if at any time the whole or any part of the said sum of Court of chan- two hundred thousand pounds shall be wanted to answer any of the decery may direct mands of the suitors of the said court of chancery, then and in such the same to be case the court may and shall direct the same or any part thereof to be called in.
called in, or the securities on which the same shall be placed to be disposed of, in order that the suitors of the said court may at all times be paid their respective demands out of the common and general cash belonging to such suitors.
XXII. That the surplus interest and produce of the monies carried Surplus of in- to the said account called “ An Account of the Interest and Produce of terest to be in- the Compensation and Fee Fund of the Suitors of the Court of Chan. vested in go- cery in Ireland,” beyond what shall be sufficient to answer the purposes vernment secu- of compensation under this act, and also the interest produced from the rities.
securities purchased with such surplus interest and produce, shall from time to time, by like order or orders of the said court, be invested in the purchase of government or parliamentary securities, and carried to the account called “ An Account of the Interest and Produce of the Compensation and Fee Fund of the Suitors of the Court of Chancery in Ireland ;” the same to constitute part of said fund to be issued and applied pursuant to and according to the directions of this act.
XXIII. And whereas the six clerks of the said court are entitled to sell Lords of the their respective offices, and all the present six clerks, save John Brenan, treasury may have purchased their said respective offices for large sums of money, make compen- since the passing of an act in the fourth year of the reign of king sation to six clerks and
George the fourth, intituled An Act for the better Administration of Jus
tice in the Court of Chancery in Ireland, and have paid into his Majesty's other officers. 4 G. 4, c. 61.
exchequer in Ireland, to the use of the public, one-fifth part of the said purchase-money: And whereas it is alleged that the income and emoluments of the respective six clerks, and of certain other officers of the said court, have been diminished in consequence of certain orders, bearing date the thirty-first day of January one thousand eight hundred