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Chancery

chancellor, lord, court, rolls, master, office and vice

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CHANCERY (Caned/aria); the term is derived from Chancellor, Cancellarius, and signifies the court where that judge exercises his functions. There are several chanceries, as there are several chancel lors; but the place where the Lord High Chancellor's judicial functions are exer cised is called the High Court of Chan cery.

The principal part of the business of the Court of Chancery consists in the administration of Equity, a name which in this country comprehends those rules of law, which are applicable to such matters as belong to the jurisdiction of the court. The court of Exchequer had a similar jurisdiction, which was abo lished by 5 Viet. c. 5. [Eo.urre.] The Lord Chancellor, the three Vice Chancellors, and the Master of the Rolls, are the judges by whom equity is admi nistered in Chancery. Each of them has a separate court, In term-time they sit in Westminster Hall; in vacation, the Chancellor and Vice-Chancellors sit in Lincoln's Inn, and the Master of the Rolls at the Rolls, in Chancery-lane.

The Master of the Rolls is appointed by the crown by letters patent, and holds his office ou the same terms as the common law judges, that is, during good behaviour. He has the power of hearing and deter mining originally the same matters as the Lord Chancellor, excepting cases in lu nacy and bankruptcy ; orders and decrees pronounced by the Master of the Rolls are good and valid, but they must be signed by the Lord Chancellor before they are enrolled, and they are subject to be reversed by the Chancellor. The Master of the Rolls has precedence next to the Lord Chief Justice of the King's Bench. This office is one of high an tiquity. The salary is 70001. a year under I Vict. c. 46. The Master of the Rolls in Ireland has 39691. a year under 4 Geo. IV. c. 61.

The office of Vice-Chancellor was cre ated 137 53 Geo. III. c. 24. This officer (who, in Chancery, takes precedence next to the Master of the Rolls) is appointed by the crown by letters patent, and holds his office during good behaviour. Rank and precedence are given him by 5 Vict. c. 5 next after the Lord Chief Baron of the Exchequer. If a mem ber of the Privy Council, he is also to be a member of the Judicial Commit tee. He has power to hear and determine

all matters depending in the Court of Chancery, either as a court of law or as a court of equity, or as incident to any ministerial office of the said court, or which are subjected to the jurisdiction of such court or of the Lord Chancellor by any special act of parliament, as the Lord Chancellor shall from time to time direct. All orders and decrees of the Vice-Chan cellor are valid, but subject to be altered or reversed by the Chancellor ; and they must be signed by the Lord Chancellor before they can be enrolled. It is ex pressly provided by the act that the Vice Chancellor has no power to alter or dis charge any decree or order made by the Lord Chancellor, unless authorised by the Lord Chancellor, nor any power to alter or discharge any order or decree of the Master of the Rolls. The salary is 6000/. a year, granted by 2 & 3 Will. IV. c. 116. On the next appointment of a Vice-Chancellor, under 53 Geo. III. c. 24, the salary will be 50001., with a retir ing pension of 3500/. Since the appoint ment of two additional Vice-Chancellors by 5 Vic. c. 5, he is styled the Vice Chancellor of England.

The act appointing two additional judges (Vice-Chancellors) to assist in the discharge of the functions of the Lord Chancellor is the 5 Viet- e. 5. They are respectively styled the first Vice-Chan cellor and the second Vice-Chancellor, and hold office during good behaviour. The act prohibits the appointment of a successor to that one of the two new who was appointed se cond. Tpe salaries of the new Vice Chancellors are 5000/. a year each, paid oat of the interest arising from the Sui tor's Fula. The salaries of the secretary, usher, land train-bearer, of each Vice Chancellor are fixed by the act at 300/. a year f r the secretary, 200t. for the usher, and 1 0/. for the train-bearer. After fif teen y ars' service, or when incapacitated for the) duties of office by infirmity, a pen sion 'not exceeding 3500/. a year may be granted to each Vice-Chancellor. If he holds any other office of profit under the e wn the annuity will be reduced, so that o the whole his public income may not exceed 3500/. a year.

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