Right to suitor to bring any point before the judge. Power to chief clerks to issue advertisements and summonses, to administer vestigated by themselves; and particularly, if the judge shall so direct, his chief clerks respectively shall take accounts, and make such inquiries as have usually been prosecuted before the chief clerks of the present masters; and the judge shall give such aid and directions in every or any such account or inquiry as he may think proper, but subject nevertheless to the right hereinafter provided for the suitor to bring any particular point before the judge himself. XXX. Each chief clerk shall, for the purpose of any proceedings directed by the master of the rolls or any vice-chancellor to be taken before him, have full power to issue advertisements, to summon parties and witnesses, to administer oaths, to take affidavits and acknowledgments, other than acknowledgments by married women, to receive affirmations, and, judge shall direct. when so directed by the judge to whose court he is attached, to examine parties and witnesses, either upon interrogatories or vivâ voce, as such judge shall direct. oaths, &c. as the Parties, &c. not to process of con- Result of proceedings before chief clerk to be embodied in form of short certificate, &c. No exceptions to lie to certificate, XXXI. Parties and witnesses so summoned shall be bound to attend in pursuance of any such summons, and shall be liable to process of contempt, in like manner as parties or witnesses are now liable thereto in case of disobedience to any order of the said court, or in case of default in attendance, in pursuance of any order of the said court, or of any writ of subpoena ad testificandum; and all persons swearing or affirming before any such chief clerk shall be liable to all such penalties, punishments and consequences for any wilful and corrupt false swearing or affirming contained therein as if the matters sworn or affirmed had been sworn and affirmed before any person now by law authorized to administer oaths, to take affidavits and to receive affirmations. XXXII. The directions to be given by the master of the rolls or any vice-chancellor for or touching any proceedings before his chief clerk shall require no particular form, but the result of such proceedings shall be stated in the shape of a short certificate to the judge, and shall not be embodied in a formal report, unless in any case the judge shall see fit so to direct; and when the judge shall approve of such certificate or report he shall sign the same in testimony of his adopting the same. XXXIII. No exceptions shall lie to any certificate or report of the chief clerk, although signed and adopted by the judge, but any party shall, either during the proceedings before such chief clerk, or within such time Parties at liberty after such proceedings shall have been concluded, and before the certificate &c. to take opinion of judge upon any particular point. Certificate, &c. signed and binding on all parties, unless discharged or varied. or report shall have been signed and adopted, as the lord chancellor shall by any general order direct, be at liberty to take the opinion of the judge upon any particular point or matter arising in the course of the proceedings, or upon the result of the whole proceeding when it is brought by the chief clerk to a conclusion. XXXIV. Where any certificate or report of the chief clerk shall have been signed and adopted by the judge the same shall be filed in like manner adopted by judge, as reports are now filed, and shall thenceforth be binding on all the parties to the proceedings, unless discharged or varied, either at chambers or in open court, according to the nature of the case, upon application by summons or motion within such time as shall be prescribed in that behalf by any general order of the lord chancellor, and nothing herein contained shall prejudice or affect the power of the court at any time to open any such certificate or report upon the same or the like grounds as any report of a master of the said court which has been absolutely confirmed may now be opened. Power to obtain XLII. It shall be lawful for the said court, or any judge thereof, in such way as they may think fit, to obtain the assistance of accountants, mer- the assistance of chants, engineers, actuaries or other scientific persons, the better to enable accountants, such court or judge to determine any matter at issue in any cause or pro- merchants, &c. ceeding, and to act upon the certificate of such persons. XLIII. The allowances in respect of fees to such conveyancing counsel, accountants, merchants, engineers, actuaries and other scientific persons shall be regulated by the taxing master of the said court, subject to an apreal to the judge to whose court the cause or matter shall be attached, whose decision shall be final. Taxing master to regulate fees to conveyancing counsel, &c. subject to appeal. CHANCERY PROCEDURE. An Act to amend the Practice and Course of Proceeding in the High Court of Chancery, 15 & 16 Vict. c. 86. [1st July, 1852.] WHEREAS it is expedient to amend the practice and course of proceeding in the high court of chancery: 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, as follows: Witnesses to be examined by one of the examiners of the court in the presence of the XXXI. All witnesses to be examined orally under the provisions of this act shall be so examined by or before one of the examiners of the court, or by or before an examiner to be specially appointed by the court, the examiner being furnished by the plaintiff with a copy of the bill, and of the answer, if any in the cause; and such examination shall take place in the parties. presence of the parties, their counsel, solicitors or agents, and the witnesses so examined orally shall be subject to cross-examination and re-examination; and such examination, cross-examination and re-examination shall be conducted as nearly as may be in the mode now in use in courts of common law with respect to a witness about to go abroad, and not expected to be present at the trial of a cause. XXXII. The depositions taken upon any such oral examination as aforesaid shall be taken down in writing by the examiner, not ordinarily by question and answer, but in the form of a narrative, and when completed shall be read over to the witness, and signed by him in the presence of the parties, or such of them as may think fit to attend: provided always, that in case the witness shall refuse to sign the said depositions, then the examiner shall sign the same, and such examiner may, upon all examinations, state any special matter to the court as he shall think fit: provided also, that it shall be in the discretion of the examiner to put down any particular question or answer, if there should appear any special reason for doing so; and any question or questions which may be objected to shall be noticed or referred to by the examiner in or upon the depositions, and he shall state his opinion thereon to the counsel, solicitors or parties, and shall refer to such statement on the face of the depositions, but he shall not have power to decide upon the materiality or relevancy of any question or questions; and the court shall have power to deal with the costs of immaterial or irrelevant depositions as may be just. Depositions to be taken down in writing and read over to the witsign the same in presence of the parties, but if he examiner may, and state any special matter ness, who shall refuse to sign, he may think fit. XXXIII. If any person produced before any such examiner as a witness If parties refuse shall refuse to be sworn, or to answer any lawful question put to him by the to be sworn or to answer any lawful Proviso as to examiner, or by either of the parties, or by his or their counsel, solicitor or agent, the same course shall be adopted with respect to such witness as is now pursued in the case of a witness produced for examination before an examiner of the said court, upon written interrogatories, and refusing to be sworn, or to answer some lawful question: provided always, that if any witness shall demur or object to any question or questions which may be ring to questions. put to him, the question or questions so put, and the demurrer or objection of the witness thereto, shall be taken down by the examiner, and transmitted by him to the record office of the said court, to be there filed; and the validity of such demurrer or objection shall be decided by the court; and the costs of and occasioned by such demurrer or objection shall be in the discretion of the court. Original depo sitions to be transmitted to the record office and filled. Any party in a cause may by subpoena require attendance of any examiner. XXXIV. When the examination of witnesses before any examiner shall have been concluded, the original depositions, authenticated by the signature of such examiner, shall be transmitted by him to the record office of the said court, to be there filed, and any party to the suit may have a copy thereof or of any part or portion thereof upon payment for the same in such manner as shall be provided by any general order of the lord chancellor in that behalf. XL. Any party in any cause or matter depending in the said court may, by a writ of subpoena ad testificandum or duces tecum, require the attendance of any witness before an examiner of the said court or before an exwitness before an aminer specially appointed for the purpose, and examine such witness orally, for the purpose of using his evidence upon any claim, motion, petition or other proceeding before the court, in like manner as such witness would be bound to attend and be examined with the view to the hearing of a cause; and any party having made an affidavit to be used or which shall be used on any claim, motion, petition or other proceeding before the court shall be bound on being served with such writ to attend before an examiner, for the purpose of being cross-examined: provided always, that the court shall always have a discretionary power of acting upon such evidence as may be before it at the time, and of making such interim orders, or otherwise, as may appear necessary to meet the justice of the case. Defendant not to take objection for want of parties in XLII. It shall not be competent to any defendant in any suit in the said court to take any objection for want of parties to such suit, in any case to which the rules next hereinafter set forth extend; and such rules shall be deemed and taken as part of the law and practice of the said court, and any forth shall extend. law or practice of the said court inconsistent therewith shall be and is hereby abrogated and annulled. any case to which rules herein set Rule 1. Any residuary legatee or next of kin may, without serving the remaining residuary legatees or next of kin, have a decree for the administration of the personal estate of a deceased person. Rule 2. Any legatee interested in a legacy charged upon real estate, and any person interested in the proceeds of real estate directed to be sold, may, without serving any other legatee or person interested in the proceeds of the estate, have a decree for the administration of the estate of a deceased person. Rule 3. Any residuary devisee or heir may, without serving any coresiduary devisce or co-heir have the like decree. Rule 4. Any one of several cestuisque trust under any deed or instrument Rule 5. In all cases of suits for the protection of property pending litiga- Rule 7. In all the above cases the court, if it shall see fit, may require any other person or persons to be made a party or parties to the suit, and may, if it shall see fit, give the conduct of the suit to such person, as it may deem proper, and may make such order in any particular case as it may deem just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question. Rule 8. In all the above cases the persons who, according to the present practice of the court, would be necessary parties to the suit, shall be served with notice of the decree, and after such notice they shall be bound by the proceedings in the same manner as if they had been originally made parties to the suit, and they may by an order of course have liberty to attend the proceedings under the decree; and any party so served may, within such time as shall in that behalf be prescribed by the general order of the lord chancellor, apply to the court to add to the decree. Rule 9. In all suits concerning real or personal estate which is vested in trustees under a will, settlement or otherwise, such trustees shall represent the persons beneficially interested under the trust, in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested under the trusts parties to the suit; but the court may, upon consideration of the matter, on the hearing, if it shall so think fit, order such persons, or any of them, to be made parties. &c. without representative of XLIV. If in any suit or other proceeding before the court it shall appear Court may proto the court that any deceased person who was interested in the matters in ceed in any suit, question has no legal personal representative, it shall be lawful for the court either to proceed in the absence of any person representing the estate of deceased person, such deceased person, or to appoint some person to represent such estate or may appoint for all the purposes of the suit or other proceeding, on such notice to such one. person or persons, if any, as the court shall think fit, either specially or generally by public advertisements; and the order so made by the said court, and any orders consequent thereon, shall bind the estate of such deceased person in the same manner in every respect as if there had been a duly constituted legal personal representative of such deceased person, and such legal personal representative had been a party to the suit or proceeding, and duly appeared and submitted his rights and interests to the protection of the court. property instead XLVIII. It shall be lawful for the court in any suit for the foreclosure Court may direct of the equity of redemption in any mortgaged property, upon the request of sale of mortgaged the mortgagee, or of any subsequent incumbrancer, or of the mortgagor, of a foreclosure or any person claiming under them respectively, to direct a sale of such on such terms as property, instead of a foreclosure of such equity of redemption, on such it may think fit. terms as the court may think fit to direct, and if the court shall so think fit, without previously determining the priorities of incumbrances, or giving the usual or any time to redeem; provided that if such request shall be made by any such subsequent incumbrancer, or by the mortgagor, or by any person claiming under them respectively, the court shall not direct any such sale, without the consent of the mortgagee or the persons claiming under him, unless the party making such request shall deposit in court a reasonable sum of money, to be fixed by the court, for the purpose of securing the performance of such terms as the court may think fit to impose on the party making such request. XLIX. No suit in the said court shall be dismissed by reason only of Suit not to be the misjoinder of persons as plaintiffs therein, but wherever it shall appear dismissed for misjoinder of to the court that, notwithstanding the conflict of interest in the co-plaintiffs, plaintiffs, but 3 H P.N. court may modify its decree accord ing to special circumstances. No suit to be objected to because only declaratory order sought. Court may decide between some of the parties without making others interested parties to the suit. Proviso. In case of abate- or the want of interest in some of the plaintiffs, or the existence of some ground of defence affecting some or one of the plaintiffs, the plaintiffs, or some or one of them, are or is entitled to relief, the court shall have power to grant such relief, and to modify its decree, according to the special circumstances of the case, and for that purpose to direct such amendments, if any, as may be necessary, and at the hearing, before such amendments are made, to treat any one or more of the plaintiffs as if he or they was or were a defendant or defendants in the suit, and the remaining or other plaintiff or plaintiffs was or were the only plaintiffs on the record; and where there is a misjoinder of plaintiffs, and the plaintiff having an interest shall have died leaving a plaintiff on the record without an interest, the court may, at the hearing of the cause, order the cause to stand revived as may appear just, and proceed to a decision of the cause, if it shall see fit, and to give such directions as to costs or otherwise as may appear just and expedient. L. No suit in the said court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the court to make binding declarations of right without granting consequential relief. LI. It shall be lawful for the court to adjudicate on questions arising between parties notwithstanding that they may be some only of the parties interested in the property respecting which the question may have arisen, or that the property in question is comprised with other property in the same settlement, will or other instrument, without making the other parties interested in the property respecting which the question may have arisen, or interested under the same settlement, will or other instrument, parties to the suit, and without requiring the whole trusts and purposes of the settlement, will or other instrument to be executed under the direction of the court, and without taking the accounts of the trustees or other accounting parties, or ascertaining the particulars or amount of the property touching which the question or questions may have arisen: provided always, that if the court shall be of opinion that the application is fraudulent or collusive, or for some other reason ought not to be entertained, it shall have power to refuse to make the order prayed. LII. Upon any suit in the said court becoming abated by death, marriage or otherwise, or defective by reason of some change or transmission of interest or liability, it shall not be necessary to exhibit any bill of revivor or supplemental bill in order to obtain the usual order to revive such snit, or the usual or necessary decree or order to carry on the proceedings; but an order to the effect of the usual order to revive or of the usual supplemental decree may be obtained as of course upon an allegation of the abatement of such suit, or of the same having become defective, and of the change or transmission of interest or liability; and an order so obtained, when served upon the party or parties who according to the present practice of the said court would be defendant or defendants to the bill of revivor or supplemental bill, shall from the time of such service be binding on such party or parties in the same manner in every respect as if such order had been regularly obtained according to the existing practice of the said court; and such party or parties shall thenceforth become a party or parties to the suit, and shall be bound to enter an appearance thereto in the office of the clerks of records and writs, within such time and in like manner as if he or they had been duly served with process to appear to a bill of revivor or supplemental bill filed against him; provided that it shall be open to the party or parties so served, within such time after service as shall be in that behalf prescribed by any general order of the lord chancellor, to apply to the court by motion or petition to discharge such order on any ground which would have been open to him on a bill of revivor or supplemental bill, stating the previous proceedings in the suit and the alleged change or trans |