Power for Court, notwithstanding any Rule, &c. to Practice of the said Court are referred to the Masters of the said Court, shall not any longer be so referred, but shall be heard and determined by the said Court in the first instance. XXVIII. And be it enacted, That, notwithstanding any Rule or Practice of the said Court to the contrary, it shall be lawful for the said Court, at the Hearing of any Cause or of any further the contrary, to Directions therein, to receive Proof by Affidavit of all proper receive Proof by Affidavit. Certain Provi sions of 53 G. 3. c. 24. and 5 Vict. c. 5. repealed in part. Power to Lord Chancellor, &c. to make Gene ral Rules and Orders from Time to Time. Parties being before the Court, and of all such Matters as are necessary to be proved for enabling the said Court to order Payment of any Monies belonging to any married Woman, and of all such other Matters not directly in issue in the Cause as in the Opinion of the said Court may safely and properly be so proved. XXIX. And be it enacted, That so much of an Act made and passed in the Fifty-third Year of the Reign of His late Majesty King George the Third, intituled An Act to facilitate the Admi nistration of Justice, as provides that the Vice Chancellor appointed under that Act shall have no Power or Authority to discharge, reverse, or alter any Decree, Order, Act, Matter, or Thing made or done by any Lord Chancellor, Lord Keeper or Lords Commissioners for the Custody of the Great Seal, unless authorized by the Lord Chancellor, Lord Keeper or Lords Commissioners for the Time being so to do, nor any Power or Authority to discharge, reverse, or alter any Decree, Order, Act, Matter, or Thing made or done by the Master of the Rolls, and so much of an Act made and passed in the Fifth Year of the Reign of Her present Majesty, intituled An Act to make further Provisions for the Administration of Justice, as provides that no Vice Chancellor appointed under the Authority of that Act shall have Power or Authority to discharge, reverse, or alter any Decree, Order, Act, Matter, or Thing made or done by any other Vice Chancellor to be appointed under that Act, not being a Predecessor in Office of such Vice Chancellor, nor any Decree, Order, Act, Matter, or Thing made or done by any Lord Chancellor, unless authorized by the Lord Chancellor so to do, nor any Power or Authority to discharge, reverse, or alter any Decree, Order, Act, Matter, or Thing made or done by the Master of the Rolls or the Vice Chancellor for the Time being appointed in pursuance of an Act passed in the Fiftythird Year of the Reign of His Majesty King George the Third, intituled An Act to facilitate the Administration of Justice, shall be and the same are respectively hereby repealed so far as the same respectively apply to Orders on Motion or Petition of course made by the Lord Chancellor, Master of the Rolls, or any of the Vice Chancellors; and that it shall be lawful for the Master of the Rolls and the Vice Chancellors respectively to discharge, reverse, or alter any Order made on Motion or Petition of course by any other of them, or by the Lord Chancellor. XXX. And be it enacted, That it shall be lawful for the Lord Chancellor, with the Advice and Consent of the Master of the Rolls and any One or more of the Vice Chancellors, from Time to Time to make, rescind, and alter General Rules and Orders for better enabling the Opinion of the said Court to be obtained on Special Cases, and for effectuating the Purposes of this Act as to the Debts and Liabilities of deceased Persons, and for making any Provisions which may be or be deemed necessary or proper as to Amendment, Amendment, Revivor, and supplemental Matter or Relief, and as tc Costs of any Proceedings under or in pursuance of this Act, and for regulating the Times and Form and Mode of Procedure, and generally the Practice of the said Court in respect of the Matters to which this Act relates, and every of them, and so far as may be found expedient for altering the Course of Proceeding herein-before prescribed in respect to such Matters or any of them. XXXI. And be it enacted, That all such General Rules and Rules and Orders shall be laid before both Houses of Parliament, if Parlia- Orders to be ment shall be then sitting, immediately upon the making and laid before Parliament, and to issuing the same, or, if Parliament shall not be then sitting, then be binding froin within Five Days after the next Meeting thereof; and that every the Time apsuch Rule or Order shall from and after the Time in that Behalf pointed, or from to be appointed by the Lord Chancellor, with such Advice and the making, unConsent as aforesaid, and if no Time shall be so appointed, then less objected to from and after the making thereof, be binding and obligatory on either House of by Vote of the said Court, and be of like Force and Effect as if the Provisions Parliament. therein contained had been expressly enacted by Parliament: Provided always, that if either of the Houses of Parliament shall, by any Resolution 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 or Orders ought not to continue in force, in such Case the whole or such Part thereof as shall be so included in such Resolution shall from and after such Resolution cease to be binding and obligatory on the said Court; provided also, that no such Rule or Order as aforesaid shall by virtue of this 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 this Act; and that every such Rule Rules not laid or Order so expressed to be made in pursuance of this Act which before Parlia shall not be laid before both Houses of Parliament within the Time to be void. Time by this Act limited for that Purpose shall from and after the Expiration of such Time be absolutely void and of no Effect. XXXII. And be it enacted, That in the meantime and until any such General Rules or Orders shall be made, and in so far as the same, when made, shall not be applicable, the Proceedings under this Act shall be governed and regulated by the Provisions herein contained so far as the same extend, and in so far as the according to same do not extend shall, as well with respect to the Persons who this Act and ought to be made Parties to Special Cases as in every other re- Practice of the spect, be governed and regulated by the Rules, Orders, and Prac- Court. tice of the said Court in Suits instituted by Bill, so far as the same can be applied thereto, and, subject to such General Rules and Orders as aforesaid, the Costs of all Proceedings under this Act shall be in the Discretion of the said Court. ment within Until Rules, &c. made, and if not applicable when made, Practice to be XXXIII. And be it enacted, That all Decrees and Orders made Decrees and under the Provisions of this Act shall be subject to Re-hearing, Orders to be Appeal, and Review, and may be discharged and varied, in the subject to Appeal, &c. same and the like Manner as Decrees and Orders of the said Court made in Suits instituted by Bill, XXXIV. And be it enacted, That the following Words and Interpretation Expressions in this Act shall have the several Meanings hereby of Terms. assigned Commencement of Act. Act may be amended, &c. assigned to them, unless there be something either in the Subject or in the Context repugnant to such Construction : Words importing the Singular Number only shall include the Words importing the Masculine Gender only shall include The Expression "Lord Chancellor" shall mean and include The Word "Lunatic" shall include Idiots and Persons of un- XXXV. And be it enacted, That this Act shall commence and take effect from and after the First Day of November One thou sand eight hundred and fifty. XXXVI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament. of SCHEDULE referred to by the foregoing Act. [Date.] in the County In the Matter of A.B. late of Banker [or as the Case may be], deceased. Upon Motion this Day made unto this Court by Mr. of Counsel for C.D. of the Executor [or Administrator] of the above-named A.B. [or upon the humble Petition of C.D. of the Executor (or Administrator) of the said A.B., this Day preferred unto the Right Honourable the Master of the Rolls for the Reasons therein contained], it is ordered, That it be referred to the Master of this Court in rotation to take an Account of the Debts and Liabilities affecting the Personal Estate of the said A.B., and to compute Interest on such of the said Debts and Liabilities as carry Interest after the Rate of Interest the same respectively carry; and the said Master is to cause an Advertisement to be published in the London Gazette and such other public Papers as he shall think fit for the Persons claiming in respect of any such Debts or Liabilities to come in before the said Master, and prove their Debts and Claims, and he is to fix a peremptory Day for that Purpose; and such of the said Creditors as shall not come in and prove their Debts and Claims by the Time so to be limited are to be excluded the Benefit of this Order: And it is ordered, that the said Master do distinguish Debts from Liabilities, and Liabilities certain from Liabilities contingent: And it is ordered, that the Personal Estate of the said A.B. be applied in Payment and Satisfaction of such Debts and Liabilities of the said A.B. in a due Course of Administration ; and and for the better taking the said Accounts and Discovery of the Matters aforesaid the Parties are to produce before the said Master, upon Oath, all Deeds, Books, Papers, and Writings in their Custody or Power relating thereto, and are to be examined upon Interrogatories as the said Master shall direct; and any of the Parties are to be at liberty to apply to the Court as there shall be Occasion. CA P. XXXVI. An Act to facilitate Procedure in the Court of Session in W HEREAS an Act was passed in the Fifty-fifth Year of the Reign of His Majesty King George the Third, inti'tuled An Act to facilitate the Administration of Justice in that 55 G. 3. c. 42. Part of the United Kingdom called Scotland, by the extending 'Trial by Jury to Civil Causes; and another Act was passed in the Fifty-ninth Year of the Reign of His said Majesty, inti'tuled An Act to amend an Act passed in the Fifty-fifth Year 59 G. 3. c. 35. of the Reign of His present Majesty, intituled An Act to 'facilitate the Administration of Justice in that Part of the United Kingdom called Scotland, by the extending Trial by Jury to Civil Causes;' and another Act was passed in the Sixth Year of the Reign of His Majesty King George the 'Fourth, intituled An Act for the better regulating of the Forms 6 G. 4. c. 120. ' of Process in the Courts of Law in Scotland; and another Act was passed in the Session of Parliament holden in the Eleventh 'Year of the Reign of His Majesty King George the Fourth and in the First Year of the Reign of His Majesty King William the Fourth, intituled An Act for uniting the Benefits 11 G. 4. & of Jury Trial in Civil Cases with the ordinary Jurisdiction of 1 W. 4. c. 69. 'the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of Scotland; ' and another Act was passed in the Session of Parliament holden in the First and Second Years of the Reign of Her present 'Majesty, intituled An Act to make certain Alterations in the 1 & 2 Vict. Duties of the Lords Ordinary, and in the Establishment of c. 118. 'Clerks and Officers of the Court of Session and Court of Com'missioners for Teinds in Scotland, and to reduce the Fees payable in those Courts: And whereas it is expedient that the 'Provisions and Enactments of the said recited Acts should be in some respects altered and amended, and further Regulations 'established for expediting the Business of the Court of Session in Scotland: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Pursuer of New Form of any Summons before the Court of Session shall set forth in such Summons and Summons, in such Way and Manner as the Court, having regard to the Forms set forth in Schedule (A.) hereunto annexed, may from Time to Time prescribe by Act of Sederunt as applicable to the various Forms of Action now in use, the Name and Designation of such Pursuer, and the Name and Designation of the Defender, and the Conclusions of the Action, without any State ment Defences. Record, how to be made up. Where Pursuer willing, Record may be closed on Summons and Defences. Prorogations, how to be granted. ment whatever of the Grounds of Action; but the Allegations in Fact which form the Grounds of Action shall be set forth in an Articulate Condescendence, together with a Note of the Pursuer's Pleas in Law, which Condescendence and Pleas in Law shall be annexed to such Summons, and shall be held to constitute Part thereof; and the Defences to such Summons shall be in the Form of Articulate Answers to such Condescendence, and, where necessary, appended thereto a Statement of the Allegations in Fact on which the Defender founds in Defence, and also a Note of the Defender's Pleas in Law. II. And be it enacted, That where Defences are lodged, and unless the Record shall be closed upon the Summons and Defences, the Record shall be made by Revisal by the Pursuer of the Condescendence annexed to his Summons, and Revisal by the Defender of his Defences; and upon the Expiration of the original or prorogated Period, as the Case may be, for lodging a revised Condescendence, if no revised Condescendence shall be lodged, and upon the Expiration of the original or prorogated Period, as the Case may be, for lodging revised Defences, if a revised Condescendence shall be lodged, or sooner if the Parties shall consent thereto, the Clerk to the Process shall transmit the same to the Lord Ordinary, and the Lord Ordinary shall appoint a Time, being within Six Days from the Date of the Process being so transmitted to him, for Parties attending him at Chambers, by their Counsel, with a view to the Adjustment and closing of the Record; and the Lord Ordinary may at such Meeting, or at any adjourned Meeting which he may appoint, allow or require such Alterations and Amendments to be made on the Record as to him may seem proper, and may close the Record, or appoint a Day on or before which the Record shall be closed; and if the Record shall not be closed on or before the Day fixed by such Appointment or subsequent Prorogation, the Lord Ordinary shall pronounce an Interlocutor declaring it closed accordingly. III. Provided always, and be it enacted, That where the Pur suer is willing to close the Record upon the Summons and Defences without any Revisal, a Consent to that Effect may be endorsed on the Defences, and signed by Counsel; and it shall then be the Duty of the Clerk to the Process to transmit the Process forthwith to the Lord Ordinary, with a view to the Adjustment and closing of the Record as aforesaid; and the Case shall thenceforward be proceeded with in the same Way and Manner, and the same Regulations and Provisions shall thereupon apply, as in the other Cases of Transmission to the Lord Ordinary, with a view to the Adjustment and closing of the Record, herein-before mentioned: Provided always, that it shall in such Case be competent to the Lord Ordinary, upon the Motion of the Defender, and by an Interlocutor to be pronounced by the Lord Ordinary, either in Court or at Chambers, to make such Order for or with a view to Revisal as he may deem fit. IV. And be it enacted, That the Periods appointed for lodging any Paper, or for transmitting any Process to a Lord Ordinary or for closing a Record, may always be prorogated by written Consent of Parties; and the Periods appointed for lodging any Paper, or for closing a Record, may always be once prorogated by the |