ROYAL GAZETTE.

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said Court shall deem right; provided always that no order to be made as aforesaid, shall in any manner bind the assets so appropriated as against the persons entitled to the estate of the deceased, subject to the contingent liability, and any person interested in such appropriated assets may apply to the Court, touching the same as he may be advised.

XXIII. After the filing of such report as aforesaid, it shall be lawful for the said Court, upon the application of the Executors or Ad- ministrators of the deceased, by order to be made on motion, to restrain by injunction any proceeding at law against them by any person having or claiming to have any demand upon the estate of the deceased, by reason of any debt or liability, other than the persons who may have established contingent liabilities; under the said order for which no appropriation 'may have been made.

XXIV. In case no debt or liability, or no debt or liability other than a contingent liability, shall have been allowed as aforesaid, or in case any debt or liability other than as aforesaid, shall havelbeen allowed as aforesaid, then after the same shall have been paid or provided for 'by apprOpriation as aforesaid, all payments made bv the Executors or Administrators, or any of theni, on account of the estate of the deceased person, and all dispositions of such assets made by them or any of them on account of such estate, shall, as against all persons having or claiming to have any demand upon such estate by reason of any debt or liability, other than persons who may have established under the said order any contingent liability, for which no such appropriation as aforesaid may have been made, be as good and effectual as if the same had been made under a decree of the said Court. Provided always that nothing herein contained, shall in any manner affect or prejudice the rights of any creditor, or other person having any de- mand or claim upon the estate of the deceased, against any assets so paid or disposed of, or against the persons to whom such payment or disposition may have been made, or against any assets appropriated under the prowsmns of this Act, and the apprOpriation of which, if made under a decree of the said Court, in a suit to which he was not a party, would not have been binding upon him.

XXV. All exceptions for scandal, imperti-

nence and insufficiency, in any proceedings under this Act, which, according to the existing prac- tice of the said Court, would have been referred to the masters of the said Court, shall not be so referred, but shall be heard and determined by the said Court in the first instance.

XXVI. Notwithstanding any rule or practice of the said Court to the contrary, it shall be lawful for the said Court, at the hearing of any cause or any further directions therein, to re- ceive proof by affidavit of all proper parties being before the Court, and of all such matters as are necessary to be proved for enabling the said Court to order the payment of any moneys be- longing to any married woman, and of all such other matters not directly in issue in the cause, as in the Opinion of the said Court may safely and preperly be so proved.

XXVII. In all matters and proceedings under the provisions of this Act, the rules of practice of the High Court of Chancery in England, as now established, regulating the proceedings in like matters and similar cases, shall be in force, subject to such alterations, to be made by the Chancellor of the said Island, with the advice and consent of the Master of the Rolls, as the local circumstances of this Colony, and construction of the Court of Chancery may require ; provided always that nothing herein contained shall be construed to limit or affect the power of the Chancellor, by and with the advice and consent of the Master of the Rolls, to direct and declare the forms and proceedings to be observed in all matters in the said court, under the provisions of the Act of the General Assembly of the said Island, passed in the twelfth year of the reign of Her present Majesty, Queen Victoria, Chapter four- teen, (14) intituled “ An Act for the improve- ment of the practice of the Court of Chancery of this Island;” and provided also, that for any matter or proceeding required to be done, or had under the provisions of this Act, and for which no provision has been made in the table of fees to the said recited Act, annexed, the Masters of the said Court are hereby re- quired, upon the taxing of any costs, to allow such charges therefor as to them shall be deemed

fair and reasonable.

XXVIII. The following words and ex, pressions in this Act shall have the several

meanings hereby assigned to them, unless