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London, England, 1826-03-30 00:00:00

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leme mannne as if ttips.said writ had been awarded or
. ,• . -gpiantector such jostiCerier baron.
166. Thakene Lorkl Iljgh Chancellor shall sel4r*i
or more person, at his discretisui out of the fourteds
lists of Commissioners of Bankrupt acting in the. exend-.
lion of con•missions in London, for the purpose ofisit-
tine as Comnsissiosers of Appeal from the decisions of
all. London Commissioners; and three cF such persons
taken by rotation shall sit once in each week, or oftener,
if upon eipe Tierce it shall appear to the Lord Chan-
cellor to be necessary, and at such hours as the Lord
Chancel'or shall please to appoint.
167. That all matters which see now the subject of
.appeal to the Lord Chancellor, firm the decisions of
the Commissioners acting in the execntion of commis-
slots in Londor, shall in future be first heard by the'
Commissioners of Appeal, aho shall simply affirm or
disaffirm the prior decisior, without stating particular
conclusions, ether as to matter of fact or matter of law.
16g. That the Commissioners of Appeal shall proceed by via
Hoer examination of witnesses, unless under special circumstances
it %liould appear to them to be expedient to receive testimony by
affidavit.
169. That tie Commissioners of Appeal shall, in all
ewes brought before them, have a discretion to award
such liquidated sum by way of costs to either party, as
they shall think reasonable; and the costs so awarded
I'l.lll be recoverable, in like manner as costs awarded
upon a petition in bankruptcy by the Lord Chancellor
or Vice Chancellor are recoverable.
170. That any party dissatisfied with the judgment
• the Commissioners of Appeal, shall be at liberty to
revie w the same by petition before the Lord Chancellor,
unless the subject of appeal be a matter of property
under the value of 501. and such appeal shall be heard
and decided by the Lord Chancellor; but no appeal
shall be permitted against the judgment of the Com-
missioners of Appeal upon the subject of costs alone.
171. That all viva •voce evidence, received by the
Cemmiss'oners of Appeal, shall be accurately taken
down in writing, question as well as answer, by a pro-
per officer, 'to be appointed by them for that purpose;
and if either party, being dissatisfied with the decision
of the Commissioners, shallappeal to the Lord Chan-
• celle•r, such evidence, together with any affidavits
which may have been received by the Commissioners,
under special circumstances, shall, upon notice of such
appe;.l from the Secretary of.bankrupts, be retbrued by
the officer of the Commissioners to such Secretary; and
the Lee d Chancellor, upon the hearing of the appeal,
shall decide the same, upon such evidence and affida-
vits alone, unless he shall think it expedient in any par-
ticular case to require further testimony by viva tots
examination or by affidavit ; and where further viva.
• voce evidence is required, the Lord Chancellor shall
• have power to remit the case to the Commissioners of
Apeeal, for that purpose.
172 That the Commissioners of Appeal shall, in respect of each
appessl which may be brought before them, be paid only such fees as,
by the present practice, they are entitled to receive upon any
public meeting, under a Corn:mission.
173. That no Loudon Commissioner of bankrupt shall be at li-
berty to act as counsel for any party, either before the general Com-
missioners, acting in the execution of a commission, or before the
Commissioners of Appeal to be appointed as aforesaid. •
174. That, in t reler to give more weight and effi•
ciency to the office of Vice Chancellor of England, it
would be expedient that so much of the Statute of the
53d year of the late King, chap. 24, as limits the power
of the Vice Chancellor to the bearing and determining
of such causes, ma tors and things only, as the Lord
Chancelloi,. Lord Keeper, or Lords Commissioners for
the custody of the `Gteat_ heal, shall from time to time
(greet, should be repealed; and that from henceforth
the sante independent jurisdiction should be exercised
by the Vice Chancellor as is now exercised by the Mas-
terof the Rolls; and that as to all causes, matters, and
things‘which the Vice Chancellor, by direction of the
Lord Chancellor, Lord Keeper, or Lords Commissioners
frr the custody of the Great Seal, is now authorized to
14.4 rind detexjnioe, under the authority of the said
Act, except matter's of bankruptcy, every suitor should
have the like eleceion, to set down the same for hearing,
either before the Lord Chancellor, Lord Keeper, or
Lords Commissioners for the custody of the Great Seal,
or before the Vice Chancellor, as such suitors now exer-
ci•e with respect to the M.s'er of the Rolls; and that
all tendons, except bankruptcy petitions, which are so
set doors to be beard before the Vice Chancellor, shall
be addressed to him in like manner as all petitions set
does n at the Rolls, are now addressed to the Master of
tl a Rolls ; and that all orders and decrees so to be
made by the Vice Chancellor, shall have the like force
aid validity as the'dccrees and orders now made by the
'slaver of the Rolls.
175. lltat it- would be further expedient that the
Lord Chancellor, Lord Keeper, or Lords Commissioners
!or the custody of the Great Seal, should still have full
power and authority to direct, that any cause, wetter,
or thing, which is set down or brought on for hearing
before him or them, should, at his or their pleasure, be
head and determined by the Vice Chancellor, but so
as not to give authority to the Vice Chancellor to re-
vel se or alter any decree or order made by the Master
of the Rolls.
• 176. That where an order is pronounced by the Mat-
ter of the Rolls or Vic- Chancellor upon a motion, or
where the Master of the Rolls or Vice Chancellor de-
cline to. make ha order upon a motion, no party shall
be at libel ty to appeal, as at present, from soch order,
by a motion to be made belote the Lord I-1•gli Chan-
ceilor, unless, before notice of such motion be served
upon the opposite party, in cases where such motion is
made after appearance of such party, the motion paper
he countersigced by a Counsel, who shall add thereto
a certificate in the following words :--" I certify to the
Lord Chancellor that, in my judgment, the application
of which the above notice is intended to be given is,
with reletence to the nature of the matter to ohich it
relates, fit and proper to be made to tke Lced Chan-
oi Bor.' And in cases in which such motion in the nature
of appeal is intended to be made, before appearance
of any opposing party, and where notice therefore can-
not he given, it is rxi edient for the information of
counsel that it should be declared by a rule or order
of the Court, that the Court understands that every
bitch application is made to the Chancellor as being, in
the judgment of the Counsel making Soots application,
ss sti, reference to the nature of the matter to which it
rehoes, fit and proper to be made to• the Lord Chan-
cellct ; and upon every such motion in the nature of an
appeal, whether masse b. fore or after the appearance of
the epp.osite party, tl e parties shall be c nfit•ed to the
same evidence which was toed or offered to be used
before the I‘l.l, ter of the Roils or Vice. Chancellor ; but
any party shall be at libel ty ft) rehear the same motion
before the same Judge, either upon the former Or new
evidence, at l.is pleasure.
177. That no Aypeal to the Lord High Chancellor from any
decree or order made by the blaster of the Rolls or the Vice-
Chancellor be perniittyd, unless tLe Petition fur suck appeal be

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