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* cash; which deficient masters are hereby required to enter the c fame in their respective books, left at the bank and at the re4 port-office, but not causewise, till they shall severally have made
* good their deficiencies, except such securities or stocks as were c specifically appropriated, or trusts declared, to or for any of the c suitors of this court; which said stocks and securities such de
< sicient masters, as well as the other masters, are respectively to c enter in their said respective books causewise; and the bank is to
* receive the interest, produce and dividends of all the said fec curities, annuities and stocks, as also the interest, produce and 'dividends due or hereafter to be due on all stocks, bonds, tal
* lies, orders, annuities and other securities, whereof any of the c masters of this court are now possessed, or hereafter shall be
* possessed of, in trust for the suitors of this court; or have alreac dy declared, or at any time hereafter shall declare any trust for
* any of the said suitors; and that each master of the court, do 6 from time to time, impower one of the castiiers of the bank to c receive the fame; and that from time to time such interest, c produce and dividends shall be entred in the respective master's 4 accounts at the bank; and that at least at the end of every term,
* but oftner if there be occasion, the bank mall certify causewise c to each master the several sums so received, respectively belong4 ing to the suitors of this court, under such master's respective
* care and inspection, to the end that each master may make like c entries in the respective books kept by themselves and likewise, c deliver a copy thereof to the clerk of the report-office, who is
* forthwith to cause the same respectively to be entred causewise c in the respective master's books at the report-office: and as to
* mortgages, which any of the masters of this court have now c singly by themselves, or jointly with others, in trust for the 4 suitors of this court, the particular trust shall be indorsed on c the back of the mortgage deed, if it be not so already indorsed,or c inserted in the body of the deed; and as to all such future mortc gages, the particular trusts fhdl be inserted in the body of the € mortgage-deed; and all interest snd principal to be hereafter
< paid in on all such mortgages, snail, by the party paying, be c paid into the bank, in manner and form as is herein after dic rected concerning the payment of money into the bank.
'And whereas in and by the said recited order k is ordered, c That when any money, tallies, orders or bonds, at or after the c hearing of any cause, mould be thereafter taken under the care 'and direction of this court, the master named by the order 4 should direct the payment of such money, or the delivery of 4 such tallies, orders and bonds into the bank, with other proc visions therein contained: now, for the explaining and enlarg- When money, c ing the said part of the said order, it is hereby further ordered, &c. is directed c That all monies, tallies, orders, bonds, securities or other ef- t5> be P^d in»
< sects of the suitors of this court, by any former order directed certiTy thlt0 « to be brought in before, paid or delivered to, any master of this date of the 4 court, which have not yet been so paid in or delivered; and also order, &c. 4 all monies, tallies, orders, bonds, securities and effects, either
Z 3 'be
4 before, at or after the hearing of any cause to be hereafter dtc rected to be taken' under the care of, or to be brought before, 4 or delivered in, or paid to any master of this court, shall not be 4 brought before, delivered or paid to such master; but when any 4 security, sum of money or other effects are ready to be deli4 vered or paid in, in obedience to any such order, the master to 4 whom the cause stands referred, or to whom, or by whom the 4 delivery or payment is directed to be made, shall, on applica
* tion by the party interested, his clerk in court, or solicitor in 4 the cause, certify the date of such order, and the sum of money, 4 tallies, orders, bonds, deposits, securities and other effects then 4 to be paid or delivered in upon such order, and the name of
* the cause, to the account of which the same is to be placed;
* and upon the said party's, or his clerk in court, or solicitor's 4 delivering such certificate, and payment of such money, or de4 livering of such tallies, orders, bonds, securities or other ef4 sects into the bank, the fame shall be entred in the respective 4 master's accounts in the bank, and be under the fame regula4 tions, as in the said recited order, and herein after is pre4 scribed.
Master's note 4 And whereas, according to the method prescribed by the said for paying 4 recited order, for the payment of any money out of the bank, money out of c belonging to the suitors of this court, the master observing the be^vithin a° 'regulations in the said recited order contained, is by note under month after c his hand, to draw on the bank, for such money as shall be date, &c. 4 ordered by this court to be paid, which note is to be first car4 ried to the report-office: now it is hereby further ordered, 4 That such note shall be so limited to be paid within a month 4 after date; and that if it be not paid within such time, the 4 note shall be void; and that when such note is carried to the 4 report-office, there shall be also carried with it the order wherc4 by such payment was directed to be made, and an entry mall 4 be made in the master's book at the said office, not only of the 4 said note, but also a memorandum that it was drawn by virtue 4 of such order, and thereupon an Intraiur is to be made, and 4 such other proceedings had, as in the said recited order are 4 for that purpose prescribed.
4 And whereas by the said recited order it is directed, That 4 where securities deposited or to be deposited with the bank Clerk os the c shall be delivered out, proper entries shall be made thereof in report-office c the master's accounts at the bank causewise, of which entries to enter in c certificates, shall be filed in the report-office; but no provision
T^deUvcrin^ ' is ma^e m ^Uch or(*er sos the ^Q entry m tJle ma^er's hooks out of seCimg c in the report-office: it is therefore ordered, That when the curities at the 4 masters do at any time hereafter certify to the report-office bank. c fucn entry, of the delivering out such securities as aforesaid,
4 the clerk of the report-office (hall make entries according to '"such certificate in the respective master's books kept in that 4 office, of the delivering out such securities as aforesaid. Mr. Godfrey 'Arid whereas since the making of the said order of the twenty subjected to c sixth day of May last, Richard Godfrey, esq; one of the masters the orders 4 of < of this court, hath been deficient in bringing in his balance of relating to de« c cash, and is now a deficient master: it is therefore hereby or- ficient mal*
€ dered, That the said Richard Godfrey, and his estate, and the eiS* c monies, securities and effects of the suitors in his hand?, euf
< tody or power, or under his care, shall be subject to the fame c methods, rules, orders and regulations, as are in and by this c and the said recited order prescribed and appointed, in relation
* to the deficient masters.
4 And forasmuch as no directions or provisions are laid down
* in the said order relating to the stocks, securities, monies or
< effects of or belonging to the suitors of this court, in the name,
* hands or custody, or under the care of the usher of this court, c and to the intent that due caution may be taken touching such
< stocks, securities, monies and effects, and one uniform me
c thod may be observed: it is therefore further ordered, That rjflier of the
* the usher of this court do, as to all stocks and annuities of the courthis
* suitors of this court, standing in his name, forthwith deliver duty. 'into the respective companies a declaration in writing, that
* such stocks and annuities are in trust to answer the orders of c this court; and the said respective companies are to take care
* fhat proper entries be made thereof in their books, so that such c stocks or annuities be not transferred, but by order or leave of
< of the court; and that the said uiher do forthwith bring in
* and leave with the register of this court a compleat account,
< power, or for which he is answerable; and that he do likewise
* bank a certificate of the receipt of such schedule, and carry the
< that the like method and manner be in these particulars obc served by the usher, as in and by this order, and the said re
* cited order is prescribed to the masters of this court; and the
* bank is to receive the interest, produce and dividends of all the
* said securities, annuities and stocks, as also of all stocks, bonds,
* tallies, orders, annuities and other securities, whereof the usher? ( is or lhall be possessed in trust, for any of the suitors of this
* court, or hath, or shall declare any trust for them, the uslier x authorizing one of the cashiers of the bank to receive the 6 fame; and such entries are to be made thereof, and such rules
2 4 . 6 to
« to be observed, as herein, and in the said recited order are set € down, to and. for the masters of this court; and as to mort
* gages, which the usher of this court, either singly or jointly,
* now hath, or hereafter may have in trust for the suitors of this < court, the fame rules and methods shall be observed by the 'usher, as in the like cafes are herein before prescribed to the ( masters.
c And it is hereby further ordered, That where any money, Where money c tallies, orders, bonds, mortgages, securities and other effects Sec. has been c 0f tjie fujtors of this court, have by any former order been di-r ^cTtoVhe 'rected t0 be brought into this coui t, or to be brought before, paid uslier, it shall 'or delivered, to the said usher, and have not been yet so brought be paid into c before, paid or delivered, the same and also all monies, tallies, the bank. < orders, bonds, securities and other effects, either before, at or c after the hearing of any cause to be hereafter ordered or directed 'to be brought into this court, or to be taken under the care of c the usher, shall not be brought before, delivered in or paid to
* the usher, but shall be paid or delivered into the bank of Engr € fond, under the regulations, and in the manner as the masters
* are heren, and in the said recited order required to do; and
* the usher shall on his part, in all things relating hereunto, act Usher toob- * like manner as the masters are in such cases obliged to do. serve the like 'And it is likewise further ordered, That if any money or orders as the c effects of the suitors of this court, shall by the usher, or in his rnasters relat- < name, be laid out or invested in any bonds, tallies, orders, higto bonds, c stocks, annuities, or other securities, the fame methods, orders
c# * and regulations shall be observed by the usher and others, in
* relation thereto, as hereby, and by the said recited order, are or in transfer- c in like cafes prescribed, by the masters.
ring deposits c ^nd jt js air0 further ordered, That when any stocks or anin the ban . < nuities in the name of the ulher shall be hereafter transferred,
* or any deposits, money, interest or dividends, or other thing € contained in the said usher's account, shall be paid or delivered c out of the bank, the same method shall be observed, and the f said usher and all others, shall act and do in all things relat
* ing thereto, as the masters of this court are hereby appoint£ ed to do; and in general the fame rules, methods, orders and
* regulations, which are hereby and by the said recited order di
* rected and prescribed to be observed, performed and done by c and to the masters of this court, with respect to the monies, c stocks, bonds, mortgages, tallies, orders, annuities, securities, c and other effects of the suitors of. this court, in their name, or
4 under their inspection and care, shall be in like cases mutatis mu6 tandis, observed, performed and done by and to the usher of
5 this court, with respect to the monies, stocks, bonds, mort
* gages, tallies, orders, annuities, securities and other effects of c the suitors of this court, in his name, or under his inspection c or care.
c And forasmuch as the usher of this court hath usually had
* and received, upon the payment of any money or effects into,
6 his hands, pursuant to the order of this court, two shillings for 4 every receipt or certificate by him signed, testifying the receipt
'ot c of such money or effects, and hath also usually had and received
c two pence in the pound of all monies or effects paid or deliver
c ed out by him to the suitors of this court-; therefore it is further
'ordered, When any money or effects belonging to the suitors
'of this court, paid into the bank in the name or on account of
'the usher, shall be directed to be paid out by the order of Usher's fee.
c this court, and the usher is to make a certificate thereof, to
'be filed in the report-office, the said usher shall have and re
* ceive two shillings for signing such certificate; and for every 4 draught that he shall make on the bank, he shall at the time of 'such draught receive two pence in the pound os all money con< tained in such draught, draughts for interest or maintenance 6 excepted; and if the said usher (hall presume to take any other
* fee or reward, he shall be looked upon as guilty of extortion,
* and upon complaint thereof made to the court, (hall be punishc ed with the utmost severity.
'And to the end that the directions herein before given may c from henceforth be uniformly observed, it is hereby further or- hereafter to c dered, that in all orders to be hereafter made, relating to the be made the
* monies or effects of the suitors of this court, the several rules rules of this 6 and directions of this order (hall be observed and followed, al- order to be € though the same sliould not be particularly expressed in any observed.
* such future order.
c And it is further ordered, that this order be forthwith pub- This order to
* lished and set up in all the offices belonging to this court, be published. 4 concerned in this order.
Intr. Edzv. Goldesbrough Dep. Reg.
II. And whereas in pursuance of the said orders several of the ef~ feels of the suitors of the said court have been delivered into the bank 0/^ England, and the said method is for the benefit and security of the suitor$1 and fit to be observed, subjedi nevertheless to such alterations and other regulations, as may at any time hereafter, from the exigency or circumstances of affairs, be found reasonable or proper by the said high court of chancery; be it therefore 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 par- ^ersc* *W° liament assembled, and by the authority of the fame, That the firmedC°n~ said two orders of the high court of chancery be confirmed, and that the fame shall be henceforwards observed and kept, unless in such points as shall be varied in this present act, or shall at any time hereafter be varied or changed by the high court of chancery, according as the said court shall, from the exigency or circumstances of affairs, judge reasonable or proper.
III. .And to the end the account between the suitors of the A
high court of chancery and the bank of England may be the tnt General of more regularly and plainly kept, and the state of such account the court of may be at all times seen and known, be it further enacted by the chancery apauthority aforesaid, That there shall be one person appointed by Pomtetithe high court of chancery, to act, perform, and do all such ,2Geo-2'c'24piatters and things relating to the delivery of the suitors money