same proceedings are adopted as against a peer of parliament, except that no letter missive is sent to him. And by the statute last mentioned (1), if any person having privilege of parliament shall, after the return of sequestration, neglect to appear, the court may appoint a clerk in court to enter an appearance for him, and proceedings may be had thereon; and if he shall then neglect or refuse to put in his answer within due time, the complainant's bill may be taken pro confesso against him, and may be read in evidence, as an answer, admitting the facts in the bill stated; and in like manner every other bill of discovery, taken pro confesso, may be taken and read as evidence. If the Attorney-General be made a defendant in regard to any rights of the crown, the bill prays that he, being attended with a copy of the bill, may appear and put in his answer. If a body corporate be proceeded against, the process is, by distringas, to distrain their corporate property, until they shall obey the summons or order of the court. The jurisdiction of this court is extended by the statute 2 Will. IV. c. 33, intituled "An Act to effectuate the service of process issuing from the Courts of Chancery and Exchequer in England and Ireland respectively," by which the process of this court, concerning any lands in England or Wales, may be served in any part of the United Kingdom of Great Britain and Ireland, and in the Isle of Man; and the court is empowered to proceed upon such service as effectually as if made within its jurisdiction. This statute is amended by the 4 & 5 Will. IV. c. 82, which extends its application to all suits in the same (1) Sect. 12 & 13. court concerning any charge, lien, judgment, or incumbrance upon lands in England, Ireland, and Wales, or concerning monies invested in the funds, or public shares in public companies or concerns, or the dividends thereof. It may, however, be observed, that previous to these last-mentioned statutes, the Court of Chancery, since the union of England and Scotland, hath a general jurisdiction throughout the United Kingdom of Great Britain; before that union, the judge was styled Lord High Chancellor of England, but since Lord High Chancellor of Great Britain. The Great Seal is the seal of Great Britain, from which all the powers of this Court flow; but, previous to these statutes, the legislature had not extended its jurisdiction into Scotland. The practice and proceedings of the High Court of Chancery being now regulated by the statute 3 & 4 Will. IV. c. 94, it is unnecessary here to enter into any long detail upon that subject. This statute was preceded by that of the 2 & 3 Will. IV. c. 111, intituled "An Act to abolish certain sinecure offices connected with the Court of Chancery, and to make provision for the Lord High Chancellor on his retirement from office." By these statutes great reforms were effected in the Court of Chancery. Many useless offices were abolished, and the suitors were relieved of many heavy charges to which they had been formerly subject. Masters in Ordinary of the High Court of Chancery are now appointed by the king's letters patent; and each of them must make a yearly report to the Lord Chancellor, stating the days he has attended, the N number of hours in each day, in the performance of his duty; and he is to annex to such report a list of the causes pending in his office, shewing their different stages, the names of the parties, and the solicitors. The Masters hold their offices only during good behaviour, and are allowed a salary of 2,500l. a year each. They have no retiring pension for length of service; but, for permanent infirmity and disability, such an annuity, not exceeding 1500, is provided by statute 46 Geo. III., as the Lord Chancellor may order, subject now to the approbation of the House of Commons. These salaries are paid from the unclaimed suitors' fund in the Court of Chancery, which is of very great amount. The Act further empowers the Lord Chancellor, with the advice of the Master of the Rolls and Vice-Chancellor, or one of them, to make General Rules and Orders, not being inconsistent with the enactments and provisions of the Act, for simplifying, establishing, and settling the course of practice, which they may always annul, and make new orders. The Master of the Rolls is empowered to determine motions arising in causes in the High Court of Chancery; and to hear and determine all pleas and demurrers filed in causes depending in that court, subject to appeal to the Lord Chancellor. This statute by a schedule fixes the salaries of many other officers of the Court of Chancery. These salaries are paid from a newly-established fund, called "The Suitors' Fee-fund Account," and not by the nation. This fund is supplied by the fees paid by the suitors, which formerly were taken by the different officers who had no fixed salaries, and they are now paid over to the Accountant-general of the Court of Chancery. The amount of these fees is settled by the Lord Chancellor, with the concurrence of the Master of the Rolls and the Vice-Chancellor, after they shall have been submitted to the House of Commons. Various other officers of the court are also paid by fixed salaries, settled by stat. 3 & 4 Will. IV. c. 84, and 5 & 6 Will. IV. c. 47, intituled "An Act to provide for the performance of the duties of certain offices connected with the Court of Chancery which have been abolished." These salaries are payable out of the Consolidated Fund, and the fees heretofore paid to these officers are now paid into the Exchequer, and made part of that fund. The Lord Chancellor, with the Master of the Rolls and the Vice-Chancellor, have, from time to time since the passing of this act, made General Orders for the regulation of the proceedings and practice of certain offices of the High Court of Chancery in England, under which that court is now governed. SECTION III. The Subject continued. THE presiding judges of the High Court of Chancery are the Lord High Chancellor, the Vice-Chancellor, and the Master of the Rolls. It has its name of Chancery, Cancellaria, from that of the chief judge, Lord Chancellor, or Cancellarius. This latter term had originally no connexion with courts of justice, or the cancelling of instruments, and was in the early ages of very humble import, signifying those ushers who had the care of the cancelli, or latticed doors, leading to the presence-chamber of the Roman emperors and other great men, and were to admit or repel all comers, and to prevent riot and disorder. It first occurs in Vopiscus (1), but it is considered to have been in use at a much earlier period, with a different meaning. From their original situation the cancellarii became secretaries or chief scribes to the emperors, and were, in progress of time, invested with judicial powers, and a general superintendence over all other judicial officers (2). Sir Edward Coke says (3), that Chancellor is so termed a cancellando, from cancelling the king's letters patent when granted contrary to law, which is the highest point of his jurisdiction. The name and office were copied from the Cæsarian palace into most of the states of Europe. From the Roman empire it passed to the Roman church, and to the present time every bishop has his chancellor, the principal judge of his consistory. After the fall of the Roman empire, all the modern kingdoms of Europe preserved the office of chancellor, with different jurisdictions and dignities, according to their different constitutions; and when seals came into use, he had always the custody of the king's great seal. Domat describes the Chancellor of France as the first of all the magistrates, the head of justice presiding in the king's council, and in all the sovereign courts where (1) Hist. Aug. Scrip. vol. 2, p. 300. |