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and in the
the Vice-Chancellor, or one of them, shall be em- Rolls and powered and required by any rules or orders to be cellor, or one from time to time made, at any time within five powered to years from the passing of the Act, to make such tions in the alterations as may seem expedient in the forms of writs, &c. writs and commissions, and the mode of sealing, pleading and issuing, executing, and returning the same, and the Court also in the form of and mode of filing bills, answers, depositions, affidavits, and other proceedings, and in the form and mode of taking or obtaining discovery by answer in writing, or otherwise, and in the form and mode of pleading, and in the form and mode of taking or obtaining evidence, and generally in the form and mode of proceeding to obtain relief, and in the general practice of the Court with relation thereto, and also in the form and mode of
proceeding before the Masters, and in the form and mode of drawing up, entering, and enrolling orders and decrees, and of making and delivering copies of pleadings and other proceedings, and to make such regulation as to the taxation, allowance, and payment of costs, and for altering, superintending, controlling, and regulating the business of the several offices of the Court, and also of collecting the fees payable to the Suitors' Fee Fund, and for directing the payment into the Suitors' Fee Fund of the copy money now received by any of the officers to their own use, and otherwise for carrying into effect the
said alterations as to them may seem proper;
and all such rules, orders, and regulations shall New orders be laid before both houses of parliament, if
parbefore parlia- liament be then sitting, immediately upon the
making and issuing of the same, or, if parliament be not sitting, then within five days after the next meeting thereof; and no such rule, order, or regulation shall have effect until each house of parliament shall have actually sat thirty-six days after the same shall have been laid before each house of parliament as aforetaid, and every rule, order, or regulation so made shall from and after the time aforesaid be binding and obligatory upon the Court, and be of the like force and effect, as if the provisions contained therein had been expressly enacted by parliament, unless the same shall, by vote of either house of parliament, be objected to.
Additional officers may
Sect. 2. That such additional officers, clerks, be appointed and messengers, in any of the present or future
offices of the Court, as the Lord Chancellor,
sball and may be from time to time appointed.
Expenses to be paid out of the Suitors' Fund.
Sect. 3. That the present and future salaries and expenses of writing for the Court shall be paid out of the Suitors' Fund.
It will be observed, that the foregoing act requires that all rules, orders, and regulations to be made in pursuance of its provisions shall be laid before both houses of parliament, if parliament be then sitting, immediately upon the making and issuing of the same, or if parliament be not then sitting, then within five days after the meeting thereof; and that no such rule, order, or regulation, shall have effect until each house of parliament shall have actually sat thirty-six days after the same shall have been laid before each house of parliament. This enactment is altered by the 4th & 5th Vict. c. 52, intituled, “ An Act to amend an Act of the 4th Year of the Reign of her present Majesty, intituled, ' An Act for the Administration 4 & 5 Vict. of Justice in the Court of Chancery,'” and by the latter act it is declared “that every rule, order, or regulation, made in pursuance of the 3 & 4 Vict. c. 94, shall, from and after the time in that behalf to be appointed by the Lord Chancellor, with such advice and consent as in the said Act mentioned, and if no time shall be so appointed, then from and after the making thereof, be binding and obligatory on the said Court, and be of like force and effect as if the provisions therein contained had been expressly enacted by parliament, but that if either of the houses of parliament shall, by any resoJution passed at any time before such house
of parliament shall have actually sat thirty-six days after such rules, orders, and regulations shall have been laid before such house of parliament, resolve that the whole or any part of such rules, orders, or regulations ought not to continue in force, in such case the whole or such part thereof as shall be so included in such regulations shall, from and after such resolution, cease to be binding and obligatory on the said Court: Provided also, that no such rule, order, or regulation as aforesaid, shall by virtue of the said act be of the like force and effect as if the provisions therein contained had been expressly enacted by parliament, unless the same shall be expressed to be made in pursuance of the said Act and of this Act; and that every such rule, order, or regulation so expressed to be made in pursuance of the said Act and of this Act, which shall not be laid before both houses of parliament within the time of the said recited Act limited for that purpose, shall from and after the expiration of such time be absolutely void and of no effect."
In pursuance of these Acts, various Orders have recently been issued, bearing date the 26th of August, 1841. They are set forth at length in the Appendix, post, and are also referred to in the Analysis under the various subjects to which they relate. As they effect only a small portion of the alterations evidently
intended by the framers of the 3 & 4 Vict. c. 94, it is presumed they are the precursors of many others still in contemplation.
Abolition of the Court of Exchequer as a Court
of Equity. As to the Act, 5 Vict. c. 5, intituled, “ An Act to
make further Provisions for the Administration of Justice” (a).
The Act recites that the business on the plea side of the Court of Exchequer had of late years greatly increased, and that a transfer to the
(@) The principal objects of this Act are to transfer the equity jurisdiction of the Court of Exchequer to the Court of Chancery, and to appoint additional Vice Chancellors. As a consequence of such transfer, power is given by sect. 4 to the Court of Chancery, upon the application of any party interested by motion or petition in a summary way, to restrain the Bank of England,
or any other public company, from permitting the transfer of any stock or shares, or from paying any dividends due or to become due thereon ; and in lieu of the writ of distringas heretofore issued from the Court of Exchequer, a distringas, in the form set out in the first schedule to the Act, is to be issuable from the Court of Chancery, and sealed at the subpæna office (sect. 5), the force and effect of, and practice relating to which are to be the same as appertained to the writ of distringas heretofore issued from the Court of Exchequer.
The other principal sections for effecting the intended arrangement, and appointing the additional judges and their officers, are the 7th, 13th, 17th, 19th, 20th, 21st, 22nd, 23rd, 24th, 30th, 31st, 32nd, and 38th.