Page images
PDF
EPUB

in the office of any such Master, and of any interrogatories and depositions being in the office of either of the examiners of the said Court; provided always, that in the taxation of costs as between party and party, or as between solicitor and client, no person be allowed the costs of the copy of any paper or document, or any part of any paper or document, originating in the Master's office, or brought in before a Master, unless such copy shall have been either made in the Master's office or transcribed from a copy made therein, and taken by the party claiming to be allowed the costs of such second or other copy, or unless such copy shall have been made for the use of any Master or of the Court, or by the desire or for the use of the client or clients of the solicitor claiming to be paid for such copy.

&c. to hold

Sect. 20. The Masters, registrars, and clerks The Masters, of the registrars, master of reports and entries, their offices clerk of affidavits, and examiners, to hold their behaviour. offices during good behaviour.

during good

siness in the

ces.

Sect. 21. The several offices to be open for Hours of bu business, and the officers and clerks to give several offitheir attendance personally, during such hours of the day as the Lord Chancellor, with the Master of the Rolls and Vice Chancellor, or one of them, shall direct.

The Lord
Chancellor

empowered

to make or

plifying and

settling the

practice of the Court;

Sect. 22. The Lord Chancellor, with the ad

vice of the Master of the Rolls and Vice Chan

ders for sim- cellor, or one of them, may forthwith make and issue such general orders as they shall think fit for carrying the provisions of the Act into execution, and such other rules and orders, not being inconsistent with the enactments and provisions of the Act, as they shall think fit for simplifying, establishing, and settling the course of practice of the said Court and of its several officers.

and to annul

Sect. 23. The Lord Chancellor, with the like and alter the advice of the Master of the Rolls and Vice

same.

Master of the

Rolls to hear

mine motions.

Chancellor, or one of them, may, by the like general orders, to be made and issued by them as aforesaid, from time to time annul, alter, or vary any orders which may have been so as aforesaid made and issued, and to issue new rules and orders for the purposes before mentioned, or any of them.

Sect. 24. The Master of the Rolls for the and deter- time being shall hear and determine all such motions arising in causes as shall be duly made before him, according to the usage and practice of making motions in causes before the Lord Chancellor, and all such pleas and demurrers filed in causes depending in the High Court of Chancery as shall be duly set down for hearing

before him, and all orders made by the said Master of the Rolls for the time being upon the hearing of such motions, pleas, and demurrers respectively, shall be deemed valid orders of the Court of Chancery, subject, nevertheless, in every case to be discharged, reversed, or altered by the Lord Chancellor for the time being.

to the present

Rolls.

Sect. 25. But the present Master of the Rolls Exception as shall not be required to hear and determine any Master of the such motions, pleas, or demurrers, unless he shall think fit to give directions for that purpose.

pointed to

Sect. 26. Every solicitor who shall be ap- Solicitors appointed to any office under the Act, to be struck any office to off the roll.

be struck off the roll.

authorised to

oaths to witj

Sect. 27. The examiners of the Court of Examiners Chancery may administer the usual and ac- administer customed oaths and take the usual affirmations nesses. of the witnesses examined before them; and all depositions of witnesses examined in the Court of Chancery shall be taken in the first person; and the said examiners shall receive and account for all the fees heretofore receivable by the said examiners or their clerks (a).

(a) This section does not extend to depositions of witnesses examined before commissioners in the country.-Dryden v. Frost, 8 Sim. 280.

Vacancies

in Six Clerks'

Sect. 28. Vacancies in the Six Clerks' Office

Office not to not to be filled up until the number of such six clerks is reduced to two.

be filled up.

Sworn clerk

not to take articled clerks.

Powers vest

ed in the Lord Chancellor.

New mode of

pœnas.

Sect. 29. No clerk to be articled to any sworn clerk or writing clerk of the Court at any time between the passing of the Act and the 1st of May then next.

Sect. 30. The powers and authorities given by the Act to the Lord Chancellor, to be exercised by the Lord Keeper or Lords Commissioners of the Great Seal.

Sect. 31. Subpoenas to be open writs, and issuing sub sealed with a seal to be kept by the patentee of the subpoena office, instead of the great seal, and 5s. 6d. to be paid for sealing each subpoena.

Annual sums

Sect. 32. The several annual sums paid to paid to depu- sub or deputy registrars and their clerks, and &c. to cease. to the master of the report office and his clerks,

ty registrars,

Salaries to
Officers.

Proportion of

salaries on

to cease.

Sect. 33. The salaries specified in the schedule to the Act, to be paid to the several officers out of the fee-fund.

Sect. 34. A proportionate part of salary to be

death, resig- paid in the event of the death, resignation, or

nation, &c.

removal of any of the officers appointed by the Act, between any of the quarterly days of payment.

ment to clerk

Sect. 35. The sum of 125l. to be paid to the First payclerk of affidavits, and 377. 10s. to his clerk, in of affidavits. lieu of salary, from the passing of the Act to 25th November following.

Sect. 36. The Lord Chancellor to give direc- Provision in tions as to the disposal of any surplus of the fee-fund, and as to providing for any deficiency. fund.

case of surplus or deficiency of fee

to be settled.

Sect. 37. The Lord Chancellor, with the con- Table of fees currence of the Master of the Rolls and the Vice Chancellor, or one of them, to fix and settle a table of fees to be taken by the clerks to the Masters, and by the registrars and other clerks; the masters of reports and entries to retain out of the fees received by him, and to pay to the clerk of the reports 1d. per folio of Allowances ninety words for every office copy delivered by for copying. him, and to the clerks of the entries the like sum for every entry made by them; and the clerk of affidavits and examiners to pay over a like sum of 1d. per folio for all office copies made by the clerks.

Sect. 38. The table of fees, within fourteen Table of fees days after the same shall be settled, to be laid

to be laid before liament.

par

« PreviousContinue »