Court of Chancery Act 1852
| Jurisdiction | UK Non-devolved |
| Citation | 1852 c. 80 |
| Year | 1852 |
(15 & 16 Vict.) C A P. LXXX.
[30th June 1852]
'WHEREAS Proceedings before the Masters in Ordinary of the High Court of Chancery are attended with great Delay and Expense, and it is expedient that the Business now disposed of in the Office of such Masters should be transacted by and under the more immediate Direction and Control of the Judges of the said Court:' 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, as follows:
I Office of Masters in Ordinary in Chancery abolished.
I. The Office of Master in Ordinary of the High Court of Chancery shall be and the same is hereby abolished, but reserving and subject to the Execution by the present Masters in Ordinary of the said Court, as such, of the Duties herein-after provided for; and until they are released under this Act they shall, for the Performance of such Duties, continue to have all the Powers conferred upon them by any Act of Parliament, or otherwise vested in them.
II Vacancies in Office of Masters not to be filled up.
II. No Vacancy which has already occurred or may hereafter occur in the Office of Master in Ordinary of the said Court shall be filled up, nor shall any future Accountant General be made or become One of the Masters in Ordinary.
III Two of the Masters in Ordinary released from their Duties on First Day of Michaelmas Term, 1852, &c.
III. On the First Day ofMichaelmas Term One thousand eight hundred and fifty-two James William Farrer Esquire and William Brougham Esquire, Two of the Masters in Ordinary of the said Court, shall be released from their Duties as such Masters; and as often thereafter as, in the Judgment of the Lord Chancellor, from the State of Business in the said Court, any other Master or Masters can be spared, it shall be lawful for the Lord Chancellor to release any such Master or Masters at such Time or Times as to him shall seem meet: Provided always, that nothing in this Act contained shall extend to release, or to authorize the Lord Chancellor to release, any of the Masters from Attendance upon the House of Lords without the Order of the House: Provided also, that if, from the Nature of any particular Matteror Matters depending before either of the said Masters herein-before respectively named, it shall in the Opinion of the Lord Chancellor be desirable that such Matter or Matters should be worked out by or before the same Master before whom the same shall be depending, it shall be lawful for the Lord Chancellor to direct such Master to continue the Prosecution of such Matter or Matters, and such Master shall prosecute the same accordingly, in the same Manner and with the same Powers in every respect as if he had not been released from his Duties under this Act.
IV Option to Masters to retire according to Seniority, &c.
IV. Every Master to be released by the Lord Chancellor shall have the Option to retire tendered to him according to his Seniority in Office; and if any such Master shall, for One Calendar Month after such Option tendered to him, neglect or decline to avail himself thereof, then the Lord Chancellor may tender the like Option to the next in succession in Seniority in Office, and so ; but when the Lord Chancellor shall be of opinion that the Services of none of the Masters are any longer necessary for the due Execution of the Business of the said Court, it shall be lawful for him to release every remaining Master.
V Masters Salaries and Compensation Allowance continued by way of Retiring Pensions, &c.
V. Each One of the Masters to be so released on the First Day ofMichaelmas Term One thousand eight hundred and fifty-two shall nevertheless continue entitled to receive during his Life, by way of Retiring Pension, the full Amount of his Salary as such Master, including the Amount of the Compensation Allowance payable to him as such Master; and every Master who may be so released subsequently to the same First Day of Michaelmas Term One thousand eight hundred and fifty-two shall also continue entitled to receive by way of Retiring Pension the full Amount of his Salary as such Master.
VI Retiring Pensions, &c. to be paid in the same Manner as present Salaries.
VI. The Salaries or Retiring Pensions and Compensation Allowances payable to the Masters so to be released shall continue to be payable out of the same Funds, on the Days, and in the same Manner in all respects, as their present Salaries and Compensation Allowances respectively.
VII Power to Masters to summon Parties, &c., and to settle and wind up Proceedings before them.
VII. In order as expeditiously as may be to wind up all the Causes, Matters, and Things which may from Time to Time be depending before or have been referred to the Masters in Ordinary of the said Court, it shall be lawful for every Master, at any Time after the passing of this Act, to summon as he shall deem fit all or any of the Parties to any Cause, Matter, or Thing so depending, or their Solicitors, and thereupon to proceed with such Cause, Matter, or Thing, and give such Directions and make such Order as he may think necessary for the Purpose of settling and winding up the same; but any such Order shall be subject to be discharged or varied by the Court upon Application made for that Purpose; and the Master shall be at liberty to proceed for the Purposes aforesaid in the Absence of any of the Parties or Solicitors neglecting or refusing to attend the Summons.
VIII Power to Court, upon Master's Report or Certificate, to make Order for Prosecution or final Disposal of any Suit, &c.
VIII. In case the Master shall be unable, by reason of the Conduct of Parties, or otherwise, to finally dispose of any Cause, Matter, or Thing, he shall be at liberty to dispose of any Part thereof within his Power, and to report or certify on the whole of the Case; and upon such Report or Certificate the Court shall make such Order as it shall think proper on all or any of the Parties, for the further Prosecution of the Suit or Matter, or for the final Disposal thereof, and for the Payment of the Costs thereof, including any of the Costs which may have been incurred by reason of the Conduct of the Parties.
IX On Neglect of Parties to bring Master's Report before the Court, Solicitor to Suitors Fee Fund to do so.
IX. In the event of the Parties in any Cause, Matter, or Thing, or their Solicitors, refusing or neglecting, within a Time to be fixed by the Master, to bring the Master's Report or Certificate before the Court, the same may, by Direction of the Master, be brought before the Court by the Solicitor for the Time being to the Suitors Fund; and the Court is hereby empowered to order Payment of the Costs and Expenses of the Solicitor to the Suitors Fund out of such of the Funds in the Cause, Matter, or Thing, or by such Parties, as to the Court shall seem just; and in case Payment thereof cannot be obtained by any of the Means aforesaid, the same, by the Direction of the Court, may be paid out of the Suitors Fund.
X No fresh References, except in Cases already before Masters, and in Matters under Winding-up Acts.
X. From and after the First Day ofMichaelmas Term One thousand eight hundred and fifty-two no Reference shall be made to any of the Masters in Ordinary of the said Court, except in Cases in which, from some previous Reference made in the Cause or Matter, or in some other Cause or Matter connected therewith, the Court may think it expedient to make such Reference, and except in Matters arising under the Joint Stock Companies Winding-up Acts, 1848 and 1849: Provided always, that until all the Masters in Ordinary of the said Court shall have been removed by Resignation, Death, or otherwise, or have been released from their Dutiesunder this Act, such of the Masters in Ordinary of the said Court as shall for the Time being remain in Office, and shall not be released from their Duties under this Act, shall prosecute all the Business which on the First Day ofMichaelmas Term One thousand eight hundred and fifty-two shall be depending before the Masters, and also all the References which before the said First Day of Michaelmas Term One thousand eight hundred and fifty-two shall have been made under Decrees or Orders of the Court, or which on or after the same First Day of Michaelmas Term shall be made in relation to such excepted Mattersas aforesaid; and the same, if necessary, shall be distributed amongst such remaining Masters in such Manner as the Lord Chancellor shall direct; and the Powers and Authorities now vested in them are hereby reserved to them for the Purpose of executing and performing all the Duties, Matters, and Things which may be still referred to them, or which they may be lawfully called upon to perform.
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