this Act, shall be deemed good and lawful from the Time of such Proceedings several Grants, Elections, Acts, and Proceedings respectively, and thereunder conthat the Costs and Expenses of such Charters, Elections, Acts, firmed. and Proceedings respectively shall and may be paid out of any Borough Rate or Borough Rates levied or to be levied within the said several Boroughs; and all Payments which have been made out of any Borough Rate or Borough Rates for the said Borough respectively in respect of such Costs and Expenses shall be deemed to have been good Payments. II. And be it enacted, That the Districts set forth in the said several Charters as those intended to be comprised in such Charters respectively shall be deemed and taken to be the Extent of such Municipal Boroughs respectively. III. And be it enacted, That when any Charter of Incorporation shall hereafter be granted by Her Majesty to any Town or Borough in England or Wales, in pursuance of the Provisions of an Act made and passed in the Session of Parliament held in the Fifth and Sixth Years of the Reign of King William the Fourth, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales, or of any Act or Acts which have been or may be passed to amend the same, it shall be lawful for the Council of such Town or Borough to pay the Costs and Expenses of and in relation to such Charter of Incorporation, and of and in relation to all Elections, Acts, and Proceedings under the same, out of any Borough Rate or Borough Rates to be made for such Town or Borough. CA P. XLIII. An Act to amend the Practice and Proceedings of the Court 6 WE HEREAS the Court of Chancery of the County Palatine of Lancaster is an ancient Court, and has been found greatly beneficial to the Inhabitants of the said County Palatine; and it is expedient, in order to extend the Advantages of the 'said Court, that certain Alterations and Improvements should be ' effected in the Jurisdiction, Practice, and Proceedings thereof: And whereas the Queen's most Excellent Majesty has been graciously pleased to sanction such Alterations and Improvements, notwithstanding that the same may affect Her Prerogatives and Rights as Duchess of Lancaster, or may create a Charge upon the Revenues of the said Duchy: Be it therefore 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 it shall be lawful, from and after the passing of this Act, for the Chancellor of the Duchy and County Palatine of Lancaster for the Time being, with the Advice and Consent of the Vice Chancellor of the said County Palatine for the Time being, and of One of the Vice Chancellors of the High Court of Chancery, to be named for that Purpose, by Writing under the Hand of the Lord High Chancellor or other Officer having the Custody of the Great Seal, or (if more S 3 than Districts in Charters Extent of Municipal Boroughs. In case of future Charters, the Costs and Expaid out of the Borough Rate. 5&6 W.4. c. 76. penses may be Power to the with the Advice the Vice Chancellor of the Duchy of Lancaster, and One of the Vice Chancellors of the High Court than One) of the Chief Commissioner or Officer having such of Chancery, to Custody, by any Rules or Orders to be by him from Time to make Altera tions in Forms and Mode of Proceedings. Power to adopt Rules and Orders made or to be made by the High cery. Time made with such Advice and Consent as aforesaid, to make such Alterations as may seem to him expedient in the Form of Writs and Commissions, and the Mode of sealing, issuing, executing, and returning the same, and also in the Form of and Mode of filing Bills, Answers, Depositions, Affidavits, and other Proceedings, and in the Form or Mode of obtaining Discovery, by Answer in Writing or otherwise, and in the Form or Mode of pleading and of taking Evidence, and generally of proceeding to obtain Relief in the Court of Chancery of the said County Palatine, and in the general Practice of the Court, and also in the Form and Mode of proceeding before the Registrar of the said Court, and of drawing up and entering and enrolling Orders and Decrees, and of making and delivering Copies of Pleadings and other Proceedings, and also to regulate the Taxation, Allowance, and Payment of Costs, and all other the Business of the said Court; and all such Rules and Orders shall be binding from such Time as the said Chancellor, with such Advice and Consent as aforesaid, shall thereby direct, and shall have the same Force and Authority as if the same had been enacted by the Authority of Parliament: Provided always, that all such Rules and Regulations shall be laid before both Houses of Parliament within Five Days from the issuing thereof, if Parliament be then sitting, or, if not, then within Five Days from the next Meeting of Parliament: Provided also, that if either House of Parliament shall, by any Resolution passed before such House shall have sat Thirty-six Days from and after the said Orders and Regulations shall have been laid before it, resolve that the same or any Part thereof ought not to continue in force, then and in any such Case the Orders and Regulations affected by such Resolution shall cease to be binding on the said Court; and no Orders or Regulations to be made in pursuance of this Act shall be of any Effect unless expressed to be made in pursuance of the Power given by this Act, nor shall the same continue in effect after the Expiration of the Time herein provided for laying the same before Parliament, unless they be laid before Parliament accordingly. II. Provided always, and be it enacted, That whenever, by or and modify any under the Authority of any Act of Parliament, passed or to be passed, or by any General Order of the High Court of Chancery, any Rules, Orders, or Regulations already have been or hereafter shall be made for the Purpose of framing, regulating, or amend. ing the Proceedings, Practice, or Pleadings of the said High Court of Chancery, it shall be lawful for the Chancellor of the Duchy and County Palatine of Lancaster, with the Consent and Advice of the Vice Chancellor of the said County Palatine, and of such Vice Chancellor of the High Court of Chancery as aforesaid, by Rules or Orders to be made in that Behalf, to adopt all or any of such Rules, Orders, or Regulations, or any Part or Parts thereof, with such Variations therein or Additions thereto as may be necessary or proper for adapting the same to the Business and Mode of proceeding of the Court of Chancery of the County Palatine; and such last-mentioned Rules and Orders, if expressed to be made in pursuance of the Authority of this Act, shall be valid and and binding from the making and issuing thereof, or such other Time as shall be therein mentioned. Chancellor and III. Provided always, and be it enacted, That nothing herein Not to abridge contained shall extend to take away or abridge the Power hereto- Power of the fore possessed by the Chancellor of the Duchy and County Pala- Vice Chancellor tine of Lancaster and the Vice Chancellor of the said County to alter the Palatine, or either of them, of settling, altering, and amending the Practice of the Practice and Course of proceeding in the said Court of the County Court, except Palatine, but such Power shall, notwithstanding anything herein so far as may contained, continue and have the same Force and Effect as if this Act had not been passed, save and except so far as the Exercise of such Power may in any respect be repugnant to or inconsistent with the Provisions herein contained, and save also that neither the said Chancellor nor Vice Chancellor alone shall alter or vary any Order made by the said Chancellor, with such Advice and Consent as aforesaid. IV. And be it enacted, That the Chancellor of the Duchy and County Palatine of Lancaster for the Time being, by and with the Advice and Consent of the Vice Chancellor of the said County Palatine for the Time, shall have full Power and Authority, by any General Orders to be from Time to Time made after this Act shall take effect, to make such Regulations as to the Fees to be paid by Suitors, or to be charged by or allowed to all or any of the Officers of the said County Palatine, and by or to the Solicitors thereof, as to him may seem expedient, and to alter the same, with such Advice and Consent as aforesaid, when and as he may think fit. be inconsistent with this Act. Power to the Chancellor of the Duchy to regulate Fees. gistrar's Office; V. And be it enacted, That a Table of all Fees for the Time A List of Fecs being authorized by the said Chancellor and Vice Chancellor of authorized to be the said County Palatine to be taken by any Officer of the said taken to be County Palatine Court, or by any Solicitor practising in the said bug up in ReCourt, for Business done therein, shall be hung up in some conspicuous Place in the Office of the Registrar of the said Court; and that if any Officer of the Court shall for anything done or and Officers of pretended to be done relating to his Office or Employment, or the Court takunder colour of doing anything relating to his Office or Employ- ing Fees not ment, wilfully demand or receive, or allow any Person to receive authorized to for him or on his Account, any Fee, Gratuity, or Emolument, or guilty of a Con anything of Value, other than what shall be allowed to be taken tempt of Court. by him as aforesaid, the Person so offending shall be deemed guilty of a Contempt of Court, and shall be punishable, according to the Discretion of the said Court, as for a Contempt. be deemed mine certain interlocutory Matters. VI. And be it enacted, That the Registrar of the said County Registrars to Palatine Court shall hear and determine all Applications for Time hear and deterto plead, answer, or demur, and for Leave to amend Bills, and for enlarging Publication, and all such other Matters relating to the Conduct of Suits and Proceedings in the said Court as the Chancellor of the Duchy and County Palatine of Lancaster, with the Advice and Consent of the Vice Chancellor of the said County Palatine, shall by any General Orders from Time to Time direct, in such Manner and subject to such Regulations as by such General Orders shall be directed. VII. And be it enacted, That it shall be lawful for either Party peal to the Subject to Apto appeal, by Motion, from the Order made by the Registrar on Vice ChanS 4 such cellor. Costs on inter ters. such Applications as aforesaid, to the Vice Chancellor of the said County Palatine, and that the Order made on such Appeal shall be final and conclusive, and that no such Application directed to be heard and determined by the Registrar as aforesaid shall in future be heard by the Chancellor of the Duchy and County Palatine aforesaid, nor shall any such Application be heard by the Vice Chancellor of the said County Palatine, except on Appeal as herein-before provided. VIII. And be it enacted, That it shall be lawful for the said locutory Mat- Registrar, on all Applications made to him by virtue of this Act, to direct that the Costs of all or any of the Parties shall be Costs in the Cause or Matter, or to award such liquidated Sum by way of Costs to any of the Parties as he shall think reasonable, and the Costs so to be awarded shall be recoverable in like Manner as Costs directed to be paid by an Order of the said County Palatine Court. Registrar to assign Guardians to infant Defen IX. And be it enacted, That in every Case where an Infant or Person of unsound Mind, not found to be a Lunatic by any Inquisition, shall be named as Defendant in any Suit in the said County dants or Persons Palatine Court, it shall be lawful for the Registrar of the said Court to assign a Guardian to such Defendant, for the Purpose of putting in the Answer and defending such Suit, and to make and sign his Certificate thereof. of unsound Mind. Special Cases may be submitted to the Court for its Opinion. X. And be it enacted, That if any Persons shall be desirous of obtaining the Opinion of the Court on the Construction of a Deed, Will, or other Instrument, or on any other Matter in dispute over which the Court may have Jurisdiction, by virtue of this Act or otherwise, it shall be lawful for such Persons to present a Petition to the Court, stating the Facts of the Case, the Draft of which shall be signed by Counsel, and the Name of such Counsel shall appear on the Petition, as signing the same on behalf of the Parties thereto, and the Court on hearing such Petition may make such Declaration of Rights in respect of the Subject Matter thereof as to the Court shall seem proper, and such Declaration shall be binding on all Persons in the same Manner and to the same Extent, and subject to Appeal in the same Manner, as a Decree made on the Hearing of a Cause in which any One or more of the Parties to the Petition could be Plaintiffs and the other Parties or Party Defendants, and in which the Facts stated in the Petition had been proved: Provided always, that in case any Infant, Lunatic, or Person of unsound Mind, or any married Woman in respect of her Real Estate, or of any reversionary Interest in Personal Estate, shall be interested in the Matter of such Petition, he or she shall not be made a Party thereto unless and until the Case to be stated in such Petition shall have been submitted to the Registrar, and shall be certified by him to be correctly stated as to the Facts, and to be a proper Case to be submitted to the Court on the Behalf of the Party under such Disability as aforesaid; and the Registrar, before granting such Certificate, shall require such Facts to be verified by Affidavit, and shall also require the Assent to such Case of the Husband of any married Woman, and of the Committee of any Lunatic, and of the Guardian ad litem of any Infant or Person of unsound Mind, which Guardian Guardian may be appointed in the same Manner as in the Case of a Party Defendant to a Suit. far as regards XI. And be it enacted, That when under or by virtue of any Court may exAct of Parliament already made and passed or which may here- ercise summary after be made and passed, or by any Orders or Regulations made Jurisdiction, so in pursuance thereof, Application is authorized or allowed to be Persons, &c. made by Petition or Motion or otherwise to the High Court of within the same, Chancery, or any Judge of the said Court, and summary Juris- as exercised by diction to be exercised thereon, (unless in any Act of Parliament High Court of to be hereafter passed the contrary be expressly enacted,) it shall Chancery. be lawful for the Court of Chancery of the said County Palatine, so far only as regards all Persons and Property within its Jurisdiction, to exercise the like summary Jurisdiction, and in the same Manner, and subject to the same Restrictions, in all respects as the said High Court of Chancery or any Judge thereof might exercise in the like Matters. Court under County Palatine, and under 10 & 11 Vict. c. 96., may be paid into the XII. And be it enacted, That all Monies payable in respect of Money paid into Lands situate within the said County Palatine, and which are authorized to be paid into or deposited in the Bank of England for Lands to the Account of the Accountant General of the High Court of within the Chancery, under and by virtue of the "Lands Clauses Consoli dation Act, 1845," or any Local or Special Act passed or to be passed incorporating the Provisions of the said last-mentioned Act, or otherwise authorizing the taking or using of Lands situate in the said County Palatine, and also that all Monies or Securities Bank of Engheld by any Party who might be sued in the Court of Chancery land, to the of the said County Palatine in respect thereof, and which under joint Account and by virtue of an Act made and passed in the Parliament held of the Clerk in the Tenth and Eleventh Years of the Reign of Her present and Registrar. Majesty, intituled An Act for better securing Trust Funds, and for the Relief of Trustees, might be in like Manner paid or transferred into or deposited in the Bank of England, to the Account of the said Accountant General, may, from and after the passing of this Act, be in like Manner paid or transferred into or deposited in the Bank of England, to the joint Account of the Clerk of the Council of the Duchy of Lancaster and of the Registrar and Comptroller of the said County Palatine Court in the Matter in respect whereof such Payment, Transfer, or Deposit shall be made, and the Receipt of one of the Cashiers of the said Bank shall be a full Discharge to the Person paying or transferring or depositing the same; and such Monies and Securities, and all Costs of Application in respect thereof, shall be dealt with by the said Court of Chancery of the County Palatine in the same Manner as the same might be dealt with by the High Court of Chancery or by the Lord High Chancellor, or any of the Judges of the said High Court, if such Monies or Securities had been paid or transferred into or deposited in the Bank of England to the Credit of the Accountant General of that Court; and the Lands in respect of which such Payment, Transfer, or Deposit shall be made may be dealt with in the same Manner as if it had been made in manner prescribed by the Lands Clauses Consolidation Act: Provided always, that no Monies shall be so paid or deposited under or by virtue of the "Lands Clauses Consolidation Act, 1845,” or any Local or Special Act as aforesaid, in case the Party who would |