Court of Chancery (England) Act 1850
| Jurisdiction | UK Non-devolved |
(13 & 14 Vict.) C A P. XXXV.
[15th July 1850]
'WHEREAS Proceedings in the High Court of Chancery inEngland are attended with great Delay and Expense, which it is expedient to diminish:' 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, Thatit shall be lawful for Persons interested or claiming to be interested in any Question cognizable in the said Court as to the Construction of any Act of Parliament, Will, Deed, or other Instrument in Writing, or any Article, Clause, Matter, or Thing therein contained, or as to the Title or Evidence of Title to any Real or Personal Estate contracted to be sold or otherwise dealt with, or as to the Parties to or the Form of any Deed or Instrument for carrying any such Contract into effect, or as to any other Matter falling within the original Jurisdiction of the said Court as a Court of Equity, or made subject to the Jurisdiction or Authority of the said Court by any Statute not being One of the Statutes relating to Bankrupts, and including among such Persons all Lunatics, married Women, and Infants, in the Manner and under the Restrictions herein-after contained, to concur in stating such Question in the Form of a Special Case for the Opinion of the said Court, and it shall also be lawful for all Executors, Administrators, and Trustees to concur in such Case.
II How Lunatic may concur.
II. And be it enacted, That the Committee of the Estate of any Lunatic interested or claiming to be interested in any such Question as aforesaid may, after having been authorized in that Behalf by the Lord Chancellor, concur in such Case in his own Name and in the Name and on the Behalf of the Lunatic.
III How married Women may concur.
III. And be it enacted, That a Husband interested or claiming to be interested in right of his Wife in any such Question as aforesaid may concur in such Case in his own Name and in the Name of his Wife where the Wife has no Claim to any Interest distinct from her Husband, and that a married Woman having or claiming any Interest in any such Question as aforesaid distinct from her Husband may in her own Right concur in such Case, provided that her Husband also concurs therein.
IV How Infants may concur.
IV. And be it enacted, That the Guardian of any Infant interested or claiming to be interested in any such Question as aforesaid may concur in such Case in the Name and on the Behalf of the Infant, unless such Guardian has an Interest in such Question adverse to the Interest of the Infant therein.
V How special Guardian to be appointed for a Lunatic not found such by Commission, and for Infant.
V. And be it enacted, That it shall be lawful for the said Court, by Order to be made in the Matter of any Lunatic not found such by Inquisition, or, in the Matter of any Infant, upon the Application of any Person on the Behalf of such Lunatic, or upon the Application of such Infant, by Motion or Petition, to appoint any Person shown by Affidavit to be a fit Person, and to have no Interest adverse to the Interest of the Lunatic or Infant, to be the special Guardian of such Lunatic or Infant for the Purpose of concurring in such Case in the Name and on behalf of the Lunatic or Infant, and any such Person so appointed may lawfully so concur: Provided always, that it shall be lawful for the said Court to require Notice of such Application to be given to such Person, if any, as the Court shall think fit.
VI Order to appoint special Guardian of an Infant may be discharged by Court if made without Notice.
VI. And be it enacted, That in any Case in which any such Order as aforesaid shall have been made by the said Court in the Matter of any Infant without Notice to the Guardian of the Infant, it shall be lawful for the said Court, if it shall think fit so to do, to discharge such Order, upon the Application of such Guardian, by Motion or Petition; and the said Court, if it shall think fit, may thereupon appoint some other fit Person to be the special Guardian of such Infant for the Purpose of such Special Case, and may also give such Directions as may be necessary for substituting in such Special Case either the Name of the Guardian so applying, or of the special Guardian so appointed in lieu of the Name of the special Guardian so displaced: Provided always, that the Discharge of any Order appointing a special Guardian shall not invalidate anything which shall in the meantime have been done by such special Guardian, unless the Court shall, upon Notice to all Parties, specially so direct.
VII How such Special Cases to be entitled.
VII. And be it enacted, That every such Special Case shall be entitled as a Cause between some or one of the Parties interested or claiming to be interested as Plaintiffs or Plaintiff, and the others or other of them as Defendants or Defendant; and that in the Title to such Cases Lunatics and Infants shall be described as such, and their Committees, Guardians, or special Guardians named; and that where in any such Case a married Woman is named as a Plaintiff and her Husband as a Defendant thereto, a next Friend of such married Woman shall be named in the Title to such Case.
VIII Form of Special Case.
VIII. And be it enacted, That every such Special Case shall concisely state such Facts and Documents as may be necessary to enable the Court to decide the Question raised thereby; and that upon the Hearing of such Case the Court and the Parties shall be at liberty to refer to the whole Contents of such Documents; and the Court shall be at liberty to draw from the Facts and Documents stated in any such Special Case any Inference which the Court might have drawn therefrom if proved in a Cause.
IX To state how Guardian constituted, and Concurrence of married Women.
IX. And be it enacted, That every such Special Case to which an Infant or Lunatic is a Party by his Guardian or special Guardian shall also state how such Guardian or special Guardian was constituted; and that where any married Woman having or claiming any Interest distinct from her Husband is a Party to such Case, it shall be stated therein that she concurs in such Case in her own Right.
X To be signed by Counsel, and filed, and Appearances to be entered by Defendants.
X. And be it enacted, That every such special Case shall be signed by Counsel for all Parties, and shall be filed in the same Manner as Bills are filed, and that the Defendants may appear thereto in the same Manner as Defendants appear to Bills; and that no Defendant shall be required to take an Office Copy of a Special Case, but an Office Copy thereof shall be taken by the Plaintiff.
XI After a Special Case filed, Parties to be bound by Statements after Defendants have appeared, except married Women, &c.
XI. And be it enacted, That after a Special Case shall have been filed, and the Defendants shall have appeared thereto, all the Parties to such Special Case shall be subject to the Jurisdiction of the Court in the same Manner as if the Plaintiff in the Special Case had filed a Bill against the Parties named as Defendants thereto, and such Defendants had appeared to such Bill; and upon the Special Case being filed, and Appearances entered thereto as aforesaid, all Parties to such Special Case, other than married Women, Infants, and Lunatics, shall, for the Purposes of such Special Case, be bound by the Statements therein; and that married Women, Infants, and Lunatics made Parties to a Special Case shall, for the Purposes of such Special Case, be bound by the Statements therein, when, and not before, Leave shall have been given by the Court to set down such Special Case in manner herein-after provided.
XII How Case to be set down for Hearing.
XII. And be it enacted, That so soon as all the Defendants shall have appeared to the Special Case the same may, subject to the Provisions herein-after contained, be set down for Hearing, and Subpoenas to hear Judgment issued and served according to the Practice of the said Court.
XIII When a married Woman, Infant, or Lunatic is a Party, Application to be made to the Court for Leave to set the Case down.
XIII. And be it enacted, That when any married Woman, Infant, or Lunatic is Party to a Special Case, Application may be made to the Court by Motion for Leave to set down the same, of which Motion Notice shall be given to every Party to such Case in whom, as Executor, Administrator, or Trustee, any Property in question therein is or is alleged to be vested in trust for or for the Benefit of such married Woman, Infant, or Lunatic, and also, if such Application be not made by or on behalf of such married Woman, Infant, or Lunatic, to such married Woman and her Husband, or to such Infant, or to such Lunatic and his Committee, if any, as the Case may be; and that upon the Hearing of such Motion the said Court may give Leave to set down such Case, if it shall be of opinion...
To continue reading
Request your trial