by the Chancery visitors, and as to any change which has taken place in the property or in the custody of the person or the scheme for maintenance. inquire into 101. The Chancery visitors shall on each occasion of Chancery visiting any lunatic inquire and examine whether he is main- visitors to tained in a suitable and proper manner, having regard to the maintenance existing scheme for his maintenance, and also whether, having of lunatic. regard to his property, it appears expedient that any and what addition should be made to his comforts, or any and what alterations made in the scheme for or manner of his maintenance. visitors to 102. If the Chancery visitors on such inquiry and examina- Chancery tion consider that the lunatic is not maintained in a suitable make special manner, or that the allowance provided for his maintenance is report in not duly applied, or that any provision in the scheme for his certain cases. maintenance, either for his personal comfort or enjoyment, or otherwise, is not duly observed, or that any addition to the comforts or any alteration in the manner of the maintenance of the lunatic should be made which his property is capable of providing, they shall forthwith make a special report, stating their opinion and the grounds thereof to the board of visitors. 103. The board shall thereupon consider the report, and Board to conshall, if they think fit, refer the same to the masters. sider report. matters in 104. The masters shall, on any such report as aforesaid Masters to being referred to them by the board, investigate the matters investigate thereby reported upon, and may, if they deem it expedient, report. summon the committee of the person or estate to attend before them, to give explanations thereon, and such orders may be made as the circumstances require, and every such order shall be communicated by memorandum to the visitors. 105. The Chancery visitors shall once at least in every year report to the Lord Chancellor in the case of each lunatic, stating the result of their examination and inquiry as to the maintenance of each lunatic, and shall also in any case in which any special report to the board has been made, state, so far as possible, what steps have been taken in consequence of such special report. person Chancery visitors to report once a year to the Lord Chan cellor. Master to inform com mittees of 106. The masters shall inform the committees of the upon their appointment of the annual amount allowed for the maintenance of the lunatic, or shall supply them with a copy person of of the scheme for maintenance, where a scheme has been allowance for provided. maintenance. 107. Each committee of the person of a lunatic shall Committee of annually or from time to time and as often as may be required person to report to of him render to the board of visitors an accurate statement visitors as to in writing of the various sums expended by him, the better expenditure, to enable the visitors to ascertain and report, whether the lunatic is being suitably maintained and whether any s 31848, S Committee of person to report to visitors as to health of lunatic. Power to visitors to summon com mittee of person. Rules of as to costs to additional comforts can be provided for him. The visitors may dispense wholly or partially with the requirements of this rule if in any case they think it desirable so to do. 108. Each committee of the person of a lunatic shall halfyearly make a report to the board of visitors as to the mental and bodily health of the lunatic. If there is a medical attendant of the lunatic such medical attendant shall either countersign the report of the committee, or shall make a separate report which shall accompany that of the committee or be forwarded direct to the board of visitors. 109. The board may summon the committee of the person of the lunatic to attend before them and to give such information in his possession relating to the lunatic as they may require. Costs and Taxation of Costs. 110. The rules of the Supreme Court as to costs for the Supreme Court time being in force shall, subject to these rules, apply to the costs of proceedings under the Lunacy Acts, 1890 and 1891,* taken after the commencement of these rules in any matter. apply. Pending proceedings. Solicitors to be allowed same costs as in Chancery Division. Refreshments not allowed. Costs to be taxed by masters. Procedure on taxation. 111. In proceedings pending at the commencement of these rules, the rules as to costs in lunacy applicable before the commencement of these rules shall continue to apply. 112. In all cases not otherwise herein specially provided for, solicitors shall be entitled to charge and be allowed the fees they would be entitled to charge and be allowed for work and labour of a similar character transacted in the Chancery Division of the High Court. 113. No allowance shall be made for refreshments upon inquisitions. 114. Costs of proceedings under the Lunacy Acts, 1890 and 1891, shall be taxed by and under the direction of the masters. Charges and expenses shall not be allowed, except to committees of the estate or persons, unless under special circumstances the judge or master in any case direct them to be allowed. 115. Where it is ordered that any costs, or costs, charges, and expenses, be taxed, the master shall tax and certify such costs, or costs, charges, and expenses, and shall certify the names of the respective solicitors to whom the same should be paid; and due notice of attending the masters on the taxation shall be given to such parties as have liberty to attend on the proceedings in the matter; and where it is ordered that the costs, charges, and expenses of any committee or party in the matter of any application under the Lunacy Acts, 1890 and 1891,* be taxed, the masters in taxing * 53 & 54 Vict. c. 5, and 54 & 55 Vict. c. 65. such costs, charges, and expenses, shall not allow the costs, charges, or expenses of any application upon which no order has been drawn up, or of any evidence in relation thereto, unless they direct the same to be allowed as costs in the matter, and shall not allow the costs, charges, or expenses of or incidental to any application before the masters which they have refused, unless the masters are of opinion that such application was proper. Construction of and Proceedings under Orders. 116. All orders for the appointment of committees and Certain orders for the allowance of maintenance shall be deemed to take to take effect effect only until further order. till further order. to take effect 117. Where it is ordered, that a person named be ap- Order appointpointed committee of the estate, the order shall be deemed to ing committee take effect only on the masters certifying, that he has given on security such security as they have approved for answering the estate being given. and accounting for the rents, profits, and produce thereof once in every year, or oftener, if required, before the masters; and such security shall be perfected at or within such time as the masters appoint, and until such security has been perfected, the approved committee shall not, unless otherwise ordered, interfere in any manner in the affairs of the lunatic as the committee of his estate or otherwise. The masters shall inform the Paymaster-General when such security has been perfected. account for 118. Where it is ordered, that the committee of the estate Committee to do receive, or be at liberty to receive, any money on account money of the lunatic or his estate, he shall give credit for the same received. on passing his accounts before the masters, and where any sum is ordered to be allowed for the maintenance of the lunatic, or to be expended for any other purpose out of his estate, the committee of the estate shall be allowed the amount of the allowance for maintenance or the amount to be extended (as the case may be) on passing his accounts before the masters. 119. Where it is ordered, that the committee of the estate Payments by do pay any sums of money for maintenance, he shall pay the committee. same out of income, and where it is ordered, that he do pay any costs, he shall, unless otherwise ordered, pay the same, when taxed, out of any moneys coming to his hands, after providing for the maintenance. 120. Where it is ordered, that any person be at liberty to retain any furniture or effects of the lunatic, he is to sign an inventory thereof and an undertaking to deliver up the same when required so to do, and such inventory and undertaking shall be deposited in the office of the masters. Inventory to be signed. Proper officers to transfer stock. Order to raise money by mortgage. Orders for sale. Writ of execution to issue out of Central Office. 121. Where it is ordered, that a sum of stock standing in the books of the bank or other public company be transferred into court either generally or on a particular account, and no person is named in the order for making the transfer, the secretary or deputy secretary, accountant-general, or deputy accountant-general for the time being of the bank, or other proper officer of such other company, shall make the transfer, and he, or one of the cashiers for the time being of the bank, or other such proper officer as aforesaid, shall, if so directed, receive any sum of money standing in the books of the bank or such other company as aforesaid accrued due at the date of the order by way of dividend, bonus, or periodical payment in respect of the stock to be transferred, and also any future sum so to accrue due previously to the transfer, and shall pay the same into court either generally or on such particular account as aforesaid, as the case may require. 122.* 123. Where it is ordered, that the committee be at liberty to raise by mortgage of any part of the lunatic's estate a sum of money for any purpose, the masters shall settle and approve a proper mortgage, and the committee upon payment to him, or as may be directed, of the amount to be raised, shall in the name and on the behalf of the lunatic execute the mortgage when so settled and approved, and do all such other acts as are necessary to effectuate the same, and the committee shall out of the income of the lunatic's estate, pay and keep down the interest on the mortgage. 124. Where an order for the sale of a lunatic's real or leasehold estate is made, the purchaser shall, within such time as the masters appoint, pay his purchase-money into court, or otherwise as the masters direct, and in case of payment into court to such account, as the masters appoint, and upon such payment the purchaser shall be let into possession or receipt of the rents and profits as from such day as the masters appoint, and the committee of the estate shall forthwith in the name and on behalf of the lunatic execute all proper assurances of the property sold to the purchaser or as he directs to be settled by the masters, and due notice of attending the masters shall be given to all parties interested. Writs of Execution, &c. 125. All process or writs of execution, attachment or otherwise, requisite for the enforcement of any order made under the Lunacy Acts, 1890 and 1891,† may be issued out of the central office of the Supreme Court. * Rule 122 was repealed by the Rules of 1893. Per-centage and Fees. so found by 126. There shall be paid a per-centage at the rate of 4 per Per-centage in cent. per annum on the clear annual income, amounting to case of lunatics 100l. and upwards, of every lunatic so found by inquisition, inquisition. but so that no larger sum shall be payable in any case in any one year than 4007. other cases. 127. In the case of lunatics not so found by inquisition Per-centage in and of persons mentioned in Section 116 (1.) (d.) of the Lunacy Act, 1890,* with respect to whose property orders have been made under which income is from time to time dealt with or made available, there shall be paid a per-centage at the rate of 2 per cent. per annum on the clear annual income amounting to 100l. and upwards so dealt with or made available, but so that no larger sum shall be payable in any case in any one year than 2001. This rule shall apply to all orders made after the commencement of these rules. 128. In calculating per-centage payable under these rules sums less than ten shillings shall be disregarded, and shall not be levied. Sums under 10s. to be disregarded. 129. The following fees shall be payable in respect of Fees. proceedings under the Lunacy Acts, 1890 and 1891 Certificates. On every certificate of a master other than a certificate of a master respecting per-centage Attendances. £ s. d. 1 0 0 On an application, with or without subpoena, for any officer to attend as a witness or to produce documents (in addition to the reasonable expenses of the officer), for each day or part of a day he shall be necessarily absent from his office The officer may require a deposit of stamps on account of any further fees, and a deposit of money on account of any further expenses which may probably become payable beyond the amount paid for fees and expenses on the application, and the officer or his clerk taking such deposit shall therefore make a memorandum thereof on the application. The officer may also require an undertaking in writing to pay any further fees and expenses which may become payable beyond the amounts so paid and deposited. * 53 and 54 Vict. c. 5. † 53 & 54 Vict. c. 5, and 54 & 55 Vict. c. 65. 100 |