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ROYAL GAZETTE

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Master of the Rolls, Vice Chancellor, Court of Appeal in Equity, or the Chancellor, which, when approved of by the said Court of Appeal in Equity, (which said approval shall be signi- fied in writing and published in the Royal Gazette, shall, and the same are hereby de- clared to be received, deemed and taken of the same force and effect, as if part and parcel of this Act, and shall be deemed and known as the “Consolidated Orders, 1869; ” provided always,that the said Court of Appeal in Equity, shall have power to make such other orders and directions as to them shall seem expedient, and from time to time to alter, vary, and change the same, as occasion shall be or require.

XI. Nothing herein contained shall be taken or construed to give any jurisdiction in Equity to the Chief Justice of the Supreme Court, ex- cept when acting in his capacity as presiding Jugde of the Court of Appeal in equity as aforesaid. .

XII. The Vice Chancellor shall rank next after the Master of the Rolls.

XIII. The said Court of Appeal in equity shall hold its sittings immediately after the termination of the terms or sittings of the Supreme Court in Queen’s County, or, in case there be not time, to hold such sitting before the then next succeeding term of the Supreme Court in any other County, the said Court of Appeal in Equity shall upen the last day of the term of the Supreme Court in Queen’s Couty, be adjourned to some convenient day to be named by the Judges thereof, and the parties to such appeal shall be bound to take notice of such adjournment.

XIV. The said Court of Appeal shall have power to reverse, confirm, alter, vary or change any order, decree, direction or judgment of the Master of the Rolls or Vice Chancellor as the Court shall, in their discretion, see fit; and the said Court shall have power to remit the said cause to the Master of the Rolls or Vice Chancellor, as the case may be, for the final decision of either of them, in case there has been an appeal upon any matter or thing before a. final decree shall have been made in such cause, and shall have power to make such order, as to costs, as the said Court shall deem expedient; and any service performed in any cause or matter in the Court of Chancery, and not provided for by the Schedule to the twelfth Victoria, chapter fourteen, shall be allowed for

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XV. Nothing herein contained shall be deemed to effect or take away any right now possessed by any parties to appeal to the Chan- cellor of the Court of Chancery in this Island.

XVI. The Chief Justice of the Court of Appeal in Equity shall not be disqualified from presiding over such Court of Appeal by reason of administering the Government of the Colony.

XVII. All writs and processes issuing out of the Court of the Master of the Rolls and the Vice Chancellor’s Court, shall be respectively sealed with Seals having upon them, respective- ly, the words, “ Rolls’ Court” or “ Vice Chancellor’s Court,” Prince Edward Island, as the case may be.

XVIII. In suits or causes to be depending and ready for hearing, or at issue in Chancery in this Island, in which either or any party thereto shall be desirous to take the depositions of witnesses residing out of this Island, to be read as evidence in such cause or suit, it shall and may be lawful for the Chancellor, Master of the Rolls or Vice Chancellor, upon sufficient cause being shown, by affidavit, made by or on behalf of the party desiring the same, to autho- rize the issuing of a Commission, under the seal of the Court of Chancery, for taking such depositions, in such manner and under such rules, restrictions and regulations as the Chan- cellor, Master of the Rolls or Vice Chancellor shall, in each case, think fit and order, and such depositions so taken shall be read as evi- dence in the hearing of the suit or cause the same as if‘ taken before a Master, saving all just exceptions; and the costs attending the issuing of such Commission and taking such depositions shall be taxed like other costs in the cause ; provided always, that if the Chan- cellor, Master of the Rolls or Vice Chancellor (according to the one of them that shall hear the cause,) shall be of Opinion that such Com- mission was unnecessarily issued, then no costs shall be paid by any other party to the party issuing the same.

XIX. -After the approval and publication of the consolidated orders 1869, hereinbefore re- ferred to the practice of examining witnesses in a cause before a Master shall be abolished, and when any suit or cause shall after the ap- pro val and publication of the said consolidated orders, 1866, be pending in Chancery in this Island, and shall be at issue or ready for hear- ing, it shall be lawful for the parties, or any of‘

in the discretion of the said Court.

the parties thereto, to produce their witnesses