Court of Chancery of Lancaster Act 1850
| Jurisdiction | UK Non-devolved |
| Citation | 1850 c. 43 |
(13 & 14 Vict.) C A P. XLIII.
[29th July 1850]
'WHEREAS the Court of Chancery of the County Palatine ofLancaster 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 ofLancaster 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 than One) of the Chief Commissioner or Officer having such Custody, by any Rules or Orders to be by him from Time to 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 Power to adopt and modify any Rules and Orders made or to be made by the High Court of Chancery.
II. Provided always, and be it enacted, That whenever, by or 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 amending 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 ofLancaster , 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 binding from the making and issuing thereof, or such other Time as shall be therein mentioned.
III Not to abridge Power of the Chancellor and Vice Chancellor to alter the Practice of the Court, except so far as may be inconsistent with this Act.
III. Provided always, and be it enacted, That nothing herein contained shall extend to take away or abridge the Power heretofore possessed by the Chancellor of the Duchy and County Palatine ofLancaster and the Vice Chancellor of the said County Palatine, or either of them, of settling, altering, and amending the Practice and Course of proceeding in the said Court of the County Palatine, but such Power shall, notwithstanding anything herein 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 Power to the Chancellor of the Duchy to regulate Fees.
IV. And be it enacted, That the Chancellor of the Duchy and County Palatine ofLancaster 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.
V A List of Fees authorized to be taken to be hung up in Registrar's Office; and Officers of the Court taking Fees not authorized to be deemed guilty of a Contempt of Court.
V. And be it enacted, That a Table of all Fees for the Time being authorized by the said Chancellor and Vice Chancellor of the said County Palatine to be taken by any Officer of the said County Palatine Court, or by any Solicitor practising in the said Court, 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 pretended to be done relating to his Office or Employment, or under colour of doing anything relating to his Office or Employment, wilfully demand or receive, or allow any Person to receive for him or on his Account, any Fee, Gratuity, or Emolument, or anything of Value, other than what shall be allowed to be taken 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.
VI Registrars to hear and determine certain interlocutory Matters.
VI. And be it enacted, That the Registrar of the said County Palatine Court shall hear and determine all Applications for Time to 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 ofLancaster , 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 Subject to Appeal to the Vice Chancellor.
VII. And be it enacted, That it shall be lawful for either Party to appeal, by Motion, from the Order made by the Registrar on 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 Costs on interlocutory Matters.
VIII. And be it enacted, That it...
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