No. VIII. own bill, or the defendant's dismissing the same for want of prosecution, 4 Anne,c.16. the plaintiff in such sujt shall pay to the defendant or defendants his or their full costs, to be taxed by a master: And that no copy, abstract, or tenor of any bill in equity, do go with the dedimus or commission for taking the defendant's answer; but in lieu and recompence thereof, the sworn clerks of the Court of Chancery shall take to their own use, in all causes, the whole term fee of three shillings and four-pence, and also the whole fee or fees of and for all small writs made by the said sworn clerks. plaintiff or defendant to pay full costs. 10. 12 George I. c. 32. [Inserted at large, Part II. Class I. No. 23.] [No. IX. ] 5 Anne, c. 9.-An Act for rendering more ef fectual an Act passed in the first Year of her Majesty's Reign, intituled, "An Act for the better preventing Escapes out of the Queen's Bench and Fleet Prisons." IV. AND be it further enacted by the authority aforesaid, That if any person or persons is, are, or shall be in custody of any sheriff or other officer, either by virtue of the said Act, or of this present Act, or otherwise, for not performing any decree of the High Court of Chancery, or Court of Exchequer, whereby any sum or sums of money is ordered or decreed to be paid, and shall afterwards make any escape from the said sheriff or other officer, that then and in such case the person and persons, their executors or administrators, to whom the money was to be paid by the said decree, shall have the same remedy against the said sheriff, as if such person or persons so escaping had been in custody upon an execution at law, and shall and may recover the several sum and sums of money decreed to be paid to him, her, or them in and by such decree, against such sheriff or other officer, together with his, her, or their costs of suit, in any action or actions of debt, or upon the case, to be brought or commenced against such sheriff or other officer in any of her Majesty's Courts of Record at Westminster, wherein no protec tion or wager of law shall be admitted, or any more than one imparlance; any law, usage, or custom to the contrary in any wise notwithstanding. [Inserted at large Part IV. Class III, No. 20.} [No. X. ] 12 George I. c. 32.-An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery, and for other Purposes. III. AND to the end the account between the suitors of the High Court of Chancery and the Bank of England may be the more reguAn accountant- larly and plainly kept, and the state of such account may be at all general of the times seen and known, Be it further enacted by the authority aforesaid, Court of Chan- That there shall be one person appointed by the High Court of Chancery appointed. cery, to act, perform, and do all such matters and things relating to the delivery of the suitors' money and effects into the bank, and taking them out of the bank, and the keeping the accounts with the bank, and all other matters relating thereto, as in and by the said recited orders, or either of them, are prescribed and directed to be done and performed by the masters and usher of the said High Court of Chaneery, which said officer so to be appointed shall be called the accountantgeneral of the Court of Chancery, and shall hold such office during the pleasure of the said court; and an account shall be kept in his name with the Bank of England for and on the behalf of the suitors of the said Court of Chancery, in such manner as is directed by the said recited orders, with respect to the masters of the said court and the bank; and the same rules, methods and directions, as are prescribed by the said orders to the suitors, the masters, usher and bank, as to the delivering into, and taking out of the bank the monies and effects of the suitors, and other matters therein contained, shall be observed by the suitors, the bank, and the said accountant-general, unless where the Court of Chancery shall, according to the exigency and circumstances of affairs, otherwise determine and appoint. No. X. 12 Geo. I. c. 32. IV. And it is hereby further enacted by the authority aforesaid, That Accountant to the said accountant-general shall, as to the several regulations and be in the place directions prescribed in the said orders, stand and be in the place and of the masters room of the masters, and usher of the said court, and shall receive no and usher of other fee or reward from the suitors for the exercise of his said office, the court. than what is allowed to the masters in and by the said order of the twenty-sixth day of May one thousand seven hundred and twenty-five; and the several masters and usher of the Court of Chancery, their executors and administrators, are hereby required with convenient speed, to make up their several accounts with the said accountantgeneral, or any other person thereunto authorized by the Court of Chancery, of all the monies, securities and effects of the suitors of the said court in their custody, or under their direction or care; and to pay and deliver into the bank all monies, deposits and effects of the suitors of the said court yet remaining in their several hands, there to be carried to the account of the said accountant-general, and to be placed cause wise or otherwise, as is already, or shall hereafter be directed by the said court; and all monies, deposits and effects of the suitors of the said court, already deposited with or delivered to the bank by the said masters or usher, or on their account, shall in like manner be carried to the account of the said accountant-general, and be placed causewise or otherwise, as is already or shall hereafter be directed by the said court; and the said masters and usher, their executors and administrators, shall be indemnified and discharged of and from all monies, deposits and effects of the said suitors, so paid or delivered into the bank as aforesaid. now in the name of masters, &c. assigned to the accountant. V. And it is hereby further enacted, That all mortgages, tallies, Mortgages, &c. orders, stocks, annuities and other transferable securities, now in the name of any of the said masters or usher, either singly by themselves, or jointly with others, in trust for the suitors of the said court, shall be assigned and transferred to the said accountant-general; and such assignments and transfers shall be freed and discharged from the stampduty, and from any other duty imposed thereon by Act of Parliament; and that all mortgages, tallies, orders, stocks, annuities, and other transferable securities, to be hereafter taken by the directions of the said court for the benefit of any of the suitors shall, if appointed to be taken in the name of any officer of the said court, be taken in the name of the said accountant-general; and that in all such assignments and transfers to the said accountant-general, as also in all such other transferable securities, to be hereafter taken in his name, the particular trust shall be specified and inserted in the assignment, transfer or security itself; and such other rules and methods of proceeding shall be had and observed with respect to such transferable securities, by the accountant-general and others, as by the said recited orders are respectively appointed to be observed by the masters, ushers, and others. successor. VII. And it is hereby further enacted, That from and after the death After death, &c. or removal of any accountant-general, all mortgages, tallies, orders, of accountant, stocks, annuities, and other transferable securities, vested in him at the the securities time of such his death or removal, in trust for the suitors of the said vested in his court, shall vest in the succeeding accountant general, for the same estates and interests as he then had therein, and subject to the same trusts, without any assignment or transfer whatsoever; and that upon such death or removal of any accountant-general, all monies, deposits and effects of the suitors of the said court, for which he shall then have credit in his account with the bank, shall be carried to the account of the succeeding accountant-general. VIII. And to the end that all misapplications or wastings of the sub No. X. 12 Geo. I. c. 32. Accountant not to meddle with the suitor's money, but only keep account with the bank. 23. 12 George I. c. 33. The cash in the bank to be one common cash. 3 George II. c. 30. Orders and decrees made by the master of the rolls valid. Exception. jects' money by any officer of the High Court of Chancery may be entirely prevented for the future, Be it therefore further enacted by the authority aforesaid, That the said accountant-general shall not meddle with the actual receipt of any of the money or effects of the suitors, but shall only keep the account with the bank; and the said accountant-general observing the rules hereby prescribed, or hereafter to be prescribed to him by the said court, shall not be answerable for any money or effects which he shall not actually receive; and the Bank of England shall be answerable for all the monies and effects of the suitors which are or shall be actually received by them. [For Section IX. see Vol. VI.] [No. XI. ] 12 George I. c. 33.-An Act for Relief of the Suitors of the High Court of Chancery. 'XX. AND to the end that no suitor or suitors of the said Court of Chancery may be delayed in payment of any money due to him, her or them, but that every one may receive his or her full ' demand, whensoever he or she shall apply for the same, in the most easy and expeditious way;' Be it therefore enacted by the authority aforesaid, That all the money and cash now deposited in the bank, or that shall at any time hereafter be paid into or deposited in the bank, on the account of the suitors of the said Court of Chancery, or any of them, or by order of the said court, and all the monies arising by the rates and duties given by this Act, or borrowed thereon, and paid into the bank, shall be and be accounted and taken to be one common and general cash, and shall be promiscuously issued and issuable when and as the Court of Chancery shall direct, for the answering, paying and clearing the debts and demands of any of the suitors of the said court. [The rest of the Act relates to the relief of suitors with respect to money in the hands of defaulting masters.] [No. XII. ] 3 George II. c. 30.-An Act to put an End to certain Disputes touching Orders and Decrees made in the Court of Chancery. WHEREAS divers questions and disputes have arisen touching the authority of the Master of the Rolls in the High Court of Chancery,' For putting an end to all disputes concerning the same, be it enacted by the King'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 all orders and decrees made by the present Master of the Rolls or any of his predecessors, or hereafter to be made by the said Master of the Rolls, or any of his successors, except orders and decrees of such nature or kind as, according to the course of the said court, ought only to be made by the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal for the time being, shall be deemed and taken to be valid orders and decrees of the said Court of Chancery, subject nevertheless to be discharged, reversed or altered by the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal for the time being, and so as no such orders or decrees be inrolled till the same are signed by the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal. [No. XIII.] 5 George II. c. 25.-An Act for making Process in Courts of Equity effectual against Persons who abscond, and cannot be served therewith, or who refuse to appear. c. 25. Any person not entering appearance within the usual time after subpoena, and justly suspected to abscond to avoid the process, court to fix a day for his appearance, to be inserted in the Gazette and published in the parish church of the defendant, and posted in some public place. WHEREAS sometimes persons have withdrawn themselves beyond No. XIII. the seas, or otherwise absconded, to avoid appearing in Courts 5 George II. of Equity, or being served with process for that purpose, or being brought into court by habeas corpus, have refused to appear;' For remedy of the inconveniences thence arising, be it enacted by the King'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 if in any suit which hath been, or hereafter shall be, commenced in any Court of Equity, any defendant or defendants, against whom any subpoena or other process shall issue, shall not cause his, her or their appearance to be entered upon such process within such time, and in such manner as according to the rules of the court the same ought to have been entered in case such process had been duly served, and an affidavit or affidavits shall be made to the satisfaction of such court, that such defendant or defendants is or are beyond the seas, or that upon inquiry at his, her or their usual place of abode, he, she or they could not be found so as to be served with such process, and that there is just ground to believe that such defendant or defendants is or are gone out of the realm or otherwise abscond, to avoid being served with the process of such court; then and in such case the court out of which such process issued, may make an order directing and appointing such defendant or defendants to appear at a certain day therein to be named; and a copy of such order shall within fourteen days after such order made be inserted in the London Gazette, and published on some Lord's Day, immediately after divine service, in the parish church of the parish where such defendant or defendants respectively made his, her or their usual abode, within thirty days next before such his, her or their absenting; and also a copy of such order shall within the time aforesaid be posted up as after mentioned (that is to say) a copy of every such order made in his Majesty's High Court of Chancery, Court of Exchequer, or the court of the duchy chamber of Lancaster, at Westminster, shall be posted up in some public place at the Royal Exchange in London; and a copy of every such order made in any of the Courts of Equity of the counties palatine of Chester, Lancaster and Durham, or of the great sessions in Wales, shall be posted up at some public place in some market town within the jurisdiction of the court by which such order was made, and nearest to the place where such defendant or defendants respectively made his, her or their usual abode as aforesaid, such place of abode being also within the jurisdiction of the said court; and if the defendant or defendants Defendant not do not appear within the time limited by such order, or within such appearing, further time as the court shall appoint, then on proof made of such publication of such order as aforesaid, the court being satisfied of the truth thereof may order the plaintiff's bill to be taken pro confesso, and the plaintiff's make such decree thereupon as shall be thought just, and may there- bill to be taken upon issue process to compel the performance of such decree, either by pro confesso, an immediate sequestration of the real and personal estate and effects of his estate sethe party so absenting (if any such can be found) or such part thereof questered, as may be sufficient to satisfy the demands of the plaintiff or plaintiffs in the said suit, or by causing possession of the estate or effects demanded by the bill to be delivered to the plaintiff or plaintiffs, or otherwise, as the nature of the case shall require; and the said court may likewise order such plaintiff or plaintiffs to be paid and satisfied his, her or their demands out of the estate or effects so sequestered, according to the true intent and meaning of such decree, such plaintiff or plaintiff's first giving sufficient security in such sum as the court shall think proper, to abide such order touching the restitution of such estate or effects as the court shall think proper to make concerning the same, upon the defendant or defendants appearance to defend such suit, and paying such costs to the plaintiff or plaintiffs as the court shall order; but in case such plaintiff or plaintiffs shall refuse or neglect to give such security as aforesaid, then the said court shall order the estate or effects so sequestered, or whereof possession shall be decreed to be delivered, to remain under the direction of the court, either by appoint and plaintiff satisfied, on giving security to the court to defendant's appearance; ing such secuplaintiff refusity, the effects No. XIII. 5 George II. c. 25. ing a receiver thereof or otherwise, as to such court shall seem meet, until the appearance of the defendant or defendants to defend such suit, and his, her or their paying such costs to the plaintiff or plaintiffs, as the said court shall think reasonable, or until such order shall be made therein as the court shall think just. sequestered to into court by habeas corpus, enter appear ance, court to enter it for them. II. And it is hereby further enacted by the authority aforesaid, That from and after the first day of Easter term, One thousand seven hundred and thirty-two, if any defendant or defendants, by virtue of any writ of habeas corpus or other process issuing out of any Court of Equity, shall be brought into court, and shall refuse or neglect to enand refusing to ter his, her or their appearance according to the rules or method required by the said court, or to appoint a clerk in court, or attorney of such court to act on his, her or their behalf respectively, such court may appoint a clerk in court, or attorney of such court, to enter an appearance for such defendant or defendants respectively, and such proceedings may thereupon be had in the cause, as if the party had actually appeared. III. Provided always, That if any person, against whom any decree shall be made, upon refusal or neglect to enter his, her or their appearance, or appoint a clerk in court, or attorney to act on his, her or their behalf, shall be in custody or forthcoming, so that he, she or they may be served with a copy of such decree, then he, she or they shall be served with a copy thereof, before any process shall be taken out to compel the performance thereof. Persons in custody so refusing, to be served with a copy of the decree. Persons out of the realm affected by such decree, if they return within seven years, to be served with а сору, or in case of death, his heir, &c. If persons served with such copies, shall not petition a re-hear ing of the cause IV. Provided also, That if any decree shall be made in pursuance of this Act against any person or persons being out of the realm, or absconding in manner aforesaid, at the time such decree is pronounced, and such person or persons shall within seven years after the making such decree return or become publicly visible, then and in such case he, she or they shall likewise be served with a copy of such decree within a reasonable time after his, her or their return or public appearance shall be known to the plaintiff or plaintiffs; and in case any defendant against whom such decree shall be made, shall within seven years after the making such decree, happen to die before his or her return into this realm, or appearing openly as aforesaid, or shall within the time last before mentioned die in custody before his or her being served with a copy of such decree, then his or her heir, if such defendant shall have any real estate sequestered, or whereof possession shall have been delivered to the plaintiff or plaintiffs, and such heir may be found, or if such heir shall be a feme covert, infant, or non compos mentis, the husband, guardian or committee of such heir respectively; or if the personal estate of such defendant be sequestered, or possession thereof delivered to the plaintiff or plaintiffs, then his or her executor or administrator (if any such there be) may and shall be served with a copy of such decree within a reasonable time after it shall be known to the plaintiff or plaintiffs, that the defendant is dead, and who is his or her heir, executor or administrator, or where he, she or they respectively may be served therewith. V. Provided always, That if any person or persons so served with a copy of such decree, shall not within six months after such service appear and petition to have the said cause reheard, such decree so made as aforesaid shall stand absolutely confirmed against the person or persons so served with a copy thereof, his, her and their respective heirs, executors and administrators, and all persons claiming or to claim by, from or under him, her, them or any of them, by virtue of any Act done or to be done subsequent to the commencement of absolutely con- such suit. firmed, and bar all claiming by them. within six months, the decree to be Defendants pétitioning a rehearing within seven years, and giving se curityfor costs, "mitted to an VI. Provided nevertheless, That if any person, so served with a copy of such decree, shall within six months after such service, or if any person not being so served shall within seven years next after the making such decree, appear in court, and petition to be heard with respect to the matter of such decree, and shall pay down or give security for payment of such costs as the court shall think reasonable in that behalf, |