14&15 Vict. any such common law judge shall find it convenient to attend upon such request (a). c. 83. Decision of majority to be binding; if (a) See 15 & 16 Vict. c. 86, s. 61, ante, p. 55. IX. The decision of the majority of the judges of the Court of Appeal shall be taken and deemed court equally to be the decision of the said court; and if the divided, the decree, &c. judges of the court be equally divided in opinion on any cause or matter brought before the court by way of appeal, the decree or order appealed from shall be taken and deemed to be affirmed by the Court of Appeal. appealed from to be affirmed. Decrees, &c. of the said Court of Ap peal may be from to the appealed House of One judge appointed under this act the Lord or both judges sitting apart from the Court of Appeal. X. All decisions, decrees, or orders of the Court of Appeal, including decisions in matters of bankruptcy, shall be subject to appeal to the House of Lords, in the cases and under the conditions in and under which the like decisions, decrees, or orders of the Lord Chancellor would have been subject to such appeal if this act had not been passed; but the appeal to the House of Lords in matters of bankruptcy shall be only on matters of law or equity, or on the rejection or admission of evidence, and on a special case to be approved and certified by one of the judges of the Court of Appeal hereby constituted, whose determination on the settlement of such case shall be final and conclusive. XI. All the jurisdiction, powers and authorities of the said Court of Appeal may be exercised either sitting with by one only of the judges for the time being, apChancellor, pointed under this act, and the Lord Chancellor, sitting together as such Court of Appeal, or by both of the judges so appointed, sitting as such him, to form court apart from the Lord Chancellor, either in his absence from the said Court of Chancery, or during the same time as he is sitting in such court: Lord Chan- provided always, that the Lord Chancellor shall cellor sitting and may also, while sitting alone or apart from co-ordinate such two judges, have and exercise the like jurisdiction, powers, and authorities, as well as all such Court of Ap- other jurisdiction, powers and authorities as might have been exercised by the Lord Chancellor if this act had not been passed. alone to have jurisdiction with the peal. c. 83. business of XII. The Lord Chancellor shall fix the times at 14&15 Vict. which the two judges of the said Court of Appeal, appointed under this act, or either of them, shall Lord Chansit with the Lord Chancellor, and at which such cellor to regulate sittwo judges shall sit apart from him as such Court tings and of Appeal, and also what appeals and matters now Court of Apusually heard and determined by the Lord Chan- peal. cellor, and hereby made subject to the jurisdiction of the said Court of Appeal, shall be heard and determined by such court when the Lord Chancellor is sitting with the said judges to be appointed under this act, or one of them, and by such judges when sitting apart from such Lord Chancellor, and by such Lord Chancellor when sitting alone respectively, and generally may make such regulations as to him may seem proper for dividing and regulating the business of the said Court of Appeal, and for the attendance of a registrar of the said Court of Chancery at the sittings of the said Court of Appeal (b). decisions of worth, to be (b) It was ordered that all petitions of appeal, appeal peti- All appeals, tions and appeal motions from decisions of the Master of the except from Rolls and the Vice-Chancellors, other than those from the Vice-Chandecisions of Sir James Lewis Knight Bruce and Lord Cran- cellor Knight worth, when Vice-Chancellors, be, until further order, set Bruce and down to be heard before the lords justices. And that all Lord Cranpetitions of appeal, and rehearing appeal petitions and appeal heard before motions already set down to be heard before the Lord Chan- the lords juscellor, from the decisions of the Master of the Rolls and the tices. Vice-Chancellors other than as aforesaid, be transferred to their lordships' list. (Order 10th March, 1852; 14 Beav. 22.) and certain Chancellor. XIII. Nothing herein contained shall affect any Saving of the of the powers, duties, or authorities attached to the ministerial office of Lord Chancellor, or exercised by the Lord other powers Chancellor as keeper of the great seal, except the of the Lord powers, authorities, and duties which are exercised and performed by him acting as a judge in the said Court of Chancery, either by virtue of his ordinary jurisdiction or of any statute, and the ministerial powers and authorities incident thereto respectively, or affect the powers, authorities, and duties of the Lord Chancellor, under and by virtue of any ap 14&15 Vict. pointment under the sign manual of the crown, c. 83. as having the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind (c), or in relation to letters patent, grants or writings passed or to be passed under the great seal of the united kingdom, or the revocation of such letters patent, grants or writings, or the powers and authorities of the Lord Chancellor in right or on behalf of her majesty as visitor of any charity or other foundation, or the powers of the Lord Chancellor of appointment to or removal from or otherwise in relation to offices in the Court of Chancery, or other offices, save as herein specially provided, or the powers of the Lord Chancellor to direct and regulate the sittings and duties of the Vice-Chancellors, or any powers of the Lord Chancellor (whether to be exercised by the Lord Chancellor alone, or with the concurrence or advice or consent of the Master of the Rolls, or of the Master of the Rolls and the Vice-Chancellors, or otherwise), to make rules or orders for regulating the practice, proceedings and business of the Court of Chancery, or the business or duties of any of the offices or officers of such court; and in all cases where the concurrence, advice, or consent of the Master of the Rolls and of one of the Vice-Chancellors, or of either of thern, shall be requisite for the making of such rules or orders, the concurrence, advice, or consent of one of the judges appointed by virtue of this act, may be substituted for that of the Master of the Rolls or such Vice-Chancellor. (c) See 15 & 16 Vict. c. 87, s. 15, ante, p. 89. When a person is found by inquisition to be an idiot or lunatic, the crown alone has power to grant the custody of the idiot or lunatic and his estates by sign manual; and therefore, to save repeated applications to the crown, it has been the practice for the crown to intrust such power, by warrant under the sign manual, countersigned by the two secretaries of state, to the Lord Chancellor on his coming into office; by virtue of which warrant, and not as Chancellor, he has the ordering and disposition of the persons and estates of idiots and lunatics; and such warrant confers no jurisdiction, but only a power of administration. (In re Heli, 3 Alk. 635; 2 Ves. Jun. 27; see Shelford on Law of Lunatics, pp. 15-21, 2nd. ed.) c. 83. Court of Ap the Rolls or his tempo. XIV. In case the Master of the Rolls or any 14&15Vict. Vice-Chancellor of the High Court of Chancery shall be prevented by illness or otherwise from sit- One of the ting at any time when according to ordinary course judges of the his court would be open, the Lord Chancellor may, peal may sit by writing under his hand, from time to time, so for Master of often as occasion may require, authorize one of the Vice-Chanjudges of the said Court of Appeal to sit for the hear-cellor during ing and determining of causes and matters in lieu rary absence. of the Master of the Rolls or such Vice-Chancellor, and the judge sitting under such authority as aforesaid may, for the purpose of disposing of any cause or matter which has been partly heard by him, continue such his sittings, notwithstanding the Master of the Rolls or Vice-Chancellor, in whose stead he has partly heard such cause or matter, may also be sitting for the hearing of other causes or matters; and all decrees or orders made by such judge, in pursuance of such authority, shall be of the same effect and validity, and subject to revision and appeal, in the same manner in all respects as if made by the Master of the Rolls or Vice-Chancellor, as the case may be: provided always, that such judge shall not sit as a judge of the said Court of Appeal upon any appeal from any decree or order made by himself. peal, if privy XV. Every person holding, or who has held the Judges of office of a judge of the Court of Appeal in Chan- Court of Apcery shall, if a member of her majesty's privy councillors, council, be a member of the judicial committee of judicial comthe privy council. to be of the mittee. by judicial unless three clusive of XVI. So much of the act of the session holden No matter to in the third and fourth years of King William the be heard, &c. Fourth, chapter forty-one, as provides that no mat- committee ter shall be heard, nor shall any order, report or members are recommendation be made by the judicial committee present, exof the privy council, in pursuance of that act, un- lord presiless in the presence of at least four members of the dent. said committee, shall be repealed; and no matter shall be heard, nor shall any order, report or recommendation be made by the said judicial committee, in pursuance of the said act or any other c. 83. 14&15 Vict. act, unless in the presence of at least three members of the said committee, exclusive of the lord president of her majesty's privy council for the time being. Provision as to Lord salary. XVII. From and after the eleventh day of OcChancellor's tober, one thousand eight hundred and fifty-one, the salary of the Lord Chancellor shall be the net yearly sum of ten thousand pounds; and there shall be deducted from the yearly sum payable to the Lord Chancellor, under the act of the session holden in the second and third years of King William the 2 & 3 Will. 4, Fourth, chapter one hundred and twenty-two, the c. 122. Salary of the 6,000l. amount of any salary or sum which for the time being may be payable to the Lord Chancellor as speaker of the House of Lords, so that such yearly sum only shall be paid by the Governor and Company of the Bank of England, to the Lord Chancellor, under and according to the provisions of the said act, as with the salary or sum certified (as hereinafter mentioned) to be payable to the Lord Chancellor as such speaker, shall be sufficient to make up the net yearly sum of ten thousand pounds; and the clerk assistant of the parliaments shall, on or before the eleventh day of October, one thousand eight hundred and fifty-one, and from time to time, so often as the salary or sum payable to the Lord Chancellor as such speaker is altered, certify in writing under the hand of such clerk assistant to the said governor and company the amount of the salary or sum for the time being payable to the Lord Chancellor as such speaker. XVIII. From and after the eleventh day of October, one thousand eight hundred and fiftyone, in lieu of the salary payable to the Master of the Rolls under the act of the Session holden 7 Will. 4 and in the seventh year of King William the Fourth 1 Vict. c. 46. and the first year of her majesty, chapter fortysix, there shall be paid, for the salary of the Master of the Rolls for the time being, out of the fund, on the days, and according to the provisions mentioned and contained in the said act, the annual |
