|
|
Receiver Master.
|
75. . . . the powers and duties in Lunacy matters vested in and performed by the Receiver Master, other than those connected with the management of land, shall be exercised and performed by the Lord Chancellor and the officers attached to him according to the course of procedure in the Chancellor's court and offices; and the powers and duties vested in and peformed by such Receiver Master in reference to the management of landed estates, and the supervision and control of receivers over the same, shall be exercised by the Land Judges, and all matters and business which shall be then pending in the office of such Receiver Master in reference to receivers appointed over any estate by or in pursuance of any order of the Court of Chancery, or any of the Judges or Masters thereof, or of the Lord Chancellor entrusted by the Queen's Sign Manual with jurisdiction in Lunacy, and the accounting of such receivers, and the letting and management of the estates over which any such receiver shall have been appointed, shall be thereupon transferred to the said Land Judges, and shall thenceforth, subject to any rules of Court to be made by the Lord Chancellor, with the concurrence of the Land Judges or either of them, be prosecuted and conducted before such Judges or one of them in the same manner as the same would have been prosecuted or conducted before the Receiver Master if this Act had not been passed; and all matters and business, other than as aforesaid and other than the audit of public accounts, which shall be then pending in the office of such Receiver Master shall, subject to rules of Court and to the power of transfer, be distributed among the Judges of the Chancery Division of the said High Court as the Lord Chancellor, with the concurrence of any two of the Judges of the said Division, shall direct.
|
|
| |
Any references to appoint receivers over land which may be made by any Judge of the High Court of Justice, including the Lord Chancellor entrusted in Lunacy as aforesaid . . . shall be made to the said Land Judges, or one of them, and the accounting of the receivers appointed either under such references or by the Land Judges themselves, or by any other Judge, and the control of such receivers, and the management of the estates over which they shall he appointed, shall be exercised by the Land Judges.
|
|
| |
Provided always, that nothing herein contained shall prevent any Judge, or the Lord Chancellor entrusted in Lunacy as aforesaid, from himself appointing a receiver over land, or over personal estate other than land, in any case in which he shall think it expedient to do so; and in any such case the Judge may, if lie shall think it expedient, and in all cases in which he shall appoint a receiver over personal estate other than land he shall by order direct that all subsequent proceedings with regard to such receiver shall be taken in his own Court, and thereupon all such proceedings shall be taken before such Judge or his officers.
|
|
| |
Appeals from any orders made by the said Land Judges with regard to any matters connected with receivers or the management of land shall lie to the Court of Apeal and not to the Court or Judge by whom reference to them to appoint or take the accounts of a receiver shall have been made, and no order so made shall require to be confirmed by such last-mentioned Court or Judge.
|
|
| |
Subject to any rules of Court, and unless the Court or Judge by whom any such reference shall be made shall otherwise order, all sums of money received by any receiver shall, after payment of or providing for the necessary outgoings of and allowances in respect of the estate over which he shall be so appointed, be lodged to the credit of the cause or matter in which the reference to the Land Judges shall have been made, or shall be paid by said receiver according to the orders of the Judge to whom such cause or matter is attached.
|
|
| |
[1
The jurisdiction to audit certain public accounts (including accounts of the Commissioners of Charitable Donations and Bequests in Ireland), and every other jurisdiction (if any) not in reference to causes, matters, or proceedings in Chancery, now vested in the Receiver Master, shall (unless the Lord Lieutenant in Council shall otherwise direct), . . . vest in and be exercised by the Local Government Board for Ireland. It shall be lawful for the Lord Lieutenant in Council at any time and from time to time to make such rules and regulations as to the Lord Lieutenant in Council shall seem fit for providing for the complete proper and efficient exercise by the Local Government Board, or by such other authority or authorities, or person or persons as by the Lord Lieutenant in Council may be appointed in that behalf, of the jurisdiction or jurisdictions aforesaid.]
|
|
| |
The officers connected with the office of the Receiver Master shall (subject to the provisions herein-after contained) be transferred and attached to the Land Judges, and the said officers shall be employed in duties similar or analogous to those which they at present discharge, and they shall hold their offices by the same tenure and upon the same terms and conditions, and receive the same salaries, and, if entitled to pensions, be entitled to the same pensions, and such salaries and pensions shall he chargeable upon and payable out of the same funds, as if this Act had not been passed.
|
|
| |
Notwithstanding anything herein-before provided, it shall be lawful for the Lord Lieutenant in Council . . . to require any of the officers hereby transferred and attached to the Land Judges to give assistance, by the discharge of any duties similar or analogous to those which they at present discharge, to the Local Government Board, or any other authority or person exercising any jurisdiction which shall under or in pursuance of this Act be vested in such Board, authority, or person, at such times, in such manner, and subject to such authority and control, as the Lord Lieutenant in Council may prescribe.
|
|
| |
Provided also, that all the powers relating to existing officers of the Courts, and to the reorganization and new arrangement of offices herein contained, shall also apply to the officers of the Receiver Master.
|
|
| |
General orders shall be made by the Lord Chancellor with the concurrence of the Land Judges, or either of them, to regulate the practice and procedure connected with the matters the subject of this section.
|
|
| |
The duties imposed upon the Land Judges by this section (so long as there shall be two such Judges) shall be discharged by the junior Judge for the time being; and in distributing the other business of the Land Judges between them, regard shall be had to this provision.
|
| |
. . . . . . . . . . . .
|
| |
[1 Words in brackets rep., so far as relates to the auditors of county treasurers accounts, 61 & 62 Vict. c. 37. s. 110 (2).] |
