PART III. CLASS IX. SALE OF OFFICES. [No I.] 6 G. 4, c. 82.-An Act to abolish the Sale of Offices in the Court of King's Bench in England, to make Provision for the Lord Chief Justice of the said Court, and to grant an additional Annuity to the said Lord Chief Justice on Resignation of his Office. [5th July 1825.] WHEREAS the several offices of chief clerk, clerk of the treasury, and custos brevium, and filazer, exigenter, and clerk of the outlawries of the court of king's bench in England, are in the gift of the lord chief justice of the same court, and deemed to be saleable by him, as and when the same from time to time become vacant: And whereas the several offices of clerk of the rules on the plea side, clerk of the papers on the plea side, clerk of the declarations, clerk of the common bails, estreats and posteas, and clerk of the dockets of the same court, are in the gift of the said chief clerk, and deemed to be saleable by him; and the several offices of clerks of the inner and outer treasury, clerks of nisi prius in London and other cities, and on the several circuits, and bagbearer on the plea side of the same court, are in the gift of the said custos brevium, and deemed to be saleable by him: And whereas the said several offices are held for the respective lives of the persons now holding the same (or for the life of the survivor of two persons where the office is now vested in two persons), and the emoluments thereof are derived entirely from the fees payable by the suitors of the same court; and some thereof are and for many years past have been executed by deputy; and the emoluments of some others thereof, which are executed in person, are greater than the nature and duties thereof, considered apart from other circumstances relating thereto, would require: And whereas it is expedient to abolish the sale of all such of the said offices as are now saleable, without prejudice however to the rights of any of the persons now holding the same, or having the right of appointment thereto, except only the lord chief justice of the said court; whereby a more uniform and more constant provision may be made for maintaining the honour and dignity of the office of lord chief justice of the same court, and a fund may be hereafter raised, which may be applied towards the payment of the salaries of the chief justice and other judges of the same court, in ease of the public revenue; be it therefore enacted, &c., That the said offices of chief clerk, Certain offices clerk of the treasury, and custos brevium, and filazer, exigenter, and after they beclerk of the outlawries, shall from and after the passing of this act, and come vacant to the said several offices herein-before mentioned to be in the gift of the be no longer said chief clerk, shall from and after the time when the said office of saleable, and chief clerk shall become vacant, and the said several offices herein- future appointbefore mentioned to be in the gift of the said custos brevium, shall ments to be from and after the time when the said office of custos brevium shall be- regulated by come vacant, be disposed of; and all appointments to the said respective offices, as they may respectively become vacant, shall be made this act. No. I. 6 G. 4, c. 82. Offices to be executed in according to the directions of this act, and not otherwise; and all and every the persons to be so appointed to the said several offices, shall continually execute the same in person, and not by deputy, unless for some reasonable cause to be allowed, as herein-after mentioned; and person, and not every such officer and his deputy, to be appointed according to the by deputy, directions of this act, shall be deemed and taken to be a public accountunless for some able officer, to all intents and purposes, and shall severally account for the fees and emoluments of his office, according to the directions of this act. reasonable cause. rint. Appointments II. That all appointments to the said several offices to be made by to be made by virtue of this act shall be made by the lord chief justice of the said the chief jus- court for the time being, by warrant under his hand and seal, without tice, quam diu any fee, gratuity, or reward, to be directly or indirectly paid to or rese bene gesse- ceived for the same; and every such appointment shall be made, and shall be in such warrant expressed to be made, during the good behaviour of the person appointed, and for so long time only as the person appointed shall execute the same in person: Provided always, that no such office shall be vacated by reason of the officer's not executing his office in person, if he shall execute the same by some deputy to be appointed by virtue of this act; nor in cases of occasional illness, or other like necessary cause of absence, not continuing more than two months at any one time. Remedy in case of misbehaviour. How and for what cause a III. That if any person to be appointed by virtue of this act shall demean himself in any manner contrary to the true intent and meaning hereof, or otherwise misbehave himself, it shall be lawful for the said court to hear and decide upon such misbehaviour, and also to hear and determine all complaints that may be made against such person in a summary way, and by rule of the same court, to order compensation to be made to any person injured by such misbehaviour, or to fine such offender, or to make void his appointment, or punish the offender by all or any the ways aforesaid, as to such court in its discretion shall seem fit. IV. Provided always, That in case any officer to be appointed by virtue of this act shall, by ill-health or other infirmity, become incapdeputy may be able of discharging the duties of his said office, or shall from any other appointed. reasonable cause, to be allowed by the said lord chief justice, be desirous of being relieved from the discharge of the duties thereof, either permanently or for a certain time only, it shall and may be lawful for the said chief justice to appoint some fit and proper person to act as the deputy of such officer; the cause of such appointment being always distinctly mentioned and specified in the warrant of such appointment. [The rest of the act has been omitted as not bearing immediately on the subject of this Class.] [No. II.] 6 G. 4, c. 83.-An Act to abolish the Sale of Offices in the Court of Common Pleas in England, to make Provision for the Lord Chief Justice of the said Court, and to grant an additional Annuity to the said Lord Chief Justice on Resignation of his Office. [5th July 1825.] WHEREAS the several offices of chief and third prothonotaries, clerk of the king's silver, clerk of the jurata, clerk of the essoigns, clerk of the warrants, enrolments and estreats, exigenter, clerk of the supersedeas, filazers for all the counties in England, and clerk of the errors in the exchequer chamber, are appointed by the lord chief justice of the common pleas, and are saleable by him, as and when the same from time to time become vacant: And whereas the offices of second protho No. II. notary and clerk of the juries are appointed by the said lord chief justice, on the nomination of the custos brevium, for which last-mentioned 6 G. 4, c. 83. appointment the said lord chief justice has been deemed entitled to, and has always received, whenever such appointments have been made, certain fees: And whereas each of the three prothonotaries of the said court has the appointment of one secondary: And whereas the said several offices are held for the respective lives of the persons now holding the same, and the emoluments thereof are derived entirely from the fees payable by the suitors of the same court; and some of such offices are and for many years past have been executed by deputy; and the emoluments of some others thereof which are executed in person, are greater than the nature and duties thereof, considered apart from other circumstances relating thereto, would require: And whereas it is expedient to abolish the sale of all such of the said offices as are now saleable, whereby a more equal provision may be made for maintaining the honour and dignity of the office of the lord chief justice of the same court, and a fund may be hereafter raised which may be applied towards the payment of the salaries of the chief justice and other judges of the same court, in ease of the public revenue: And whereas the duties of the first and third prothonotary might be well discharged by one person, and the duties of secondary to the first prothonotary and secondary to the third prothonotary might also be discharged by one person, and by thus reducing the number of officers, the fund which might be hereafter raised for the benefit of the public may be considerably increased: Be it therefore enacted, &c., That the said offices of chief and third Certain offices prothonotaries, clerk of the king's silver, clerk of the jurata, clerk of to be no longer the essoigns, clerk of the warrants, enrolments and estreats, exigenter, saleable; and clerk of the supersedeas, filazers for all the counties in England, and as they become clerk of the errors in the exchequer chamber, shall be disposed of, and vacant, future all appointments to the said respective offices, as they may respectively appointments become vacant, shall be made according to the directions of this act, to be regulated and not otherwise; and all and every the persons to be so appointed to by this act. the said several offices, shall continually execute the same in person, Offices to be and not by deputy, unless for some reasonable cause to be allowed, as executed in herein-after mentioned; and every such officer and his deputy, to be person, and appointed according to the directions of this act, shall be deemed and not by deputy, taken to be a public accountable officer, to all intents and purposes, and unless for reashall severally account for the fees and emoluments of his office, accord- sonable cause. ing to the directions of this act. II. That all appointments to the several offices to be made by virtue Appointments of this act shall be made by the lord chief justice of the said court for to be made by the time being, by warrant under his hand and seal, without any fee, the chief jusgratuity, or reward, to be directly or indirectly paid to or received for tice, quam diu the same by the lord chief justice or any judge of the said court; and se bene gesseevery such appointment, except the appointment of the filacers, shall be rint, made, and shall be in such warrant expressed to be made, during the good behaviour of the person appointed, and for so long time only as the person appointed shall execute the same in person: Provided always, that no such office shall be vacated by reason of the officer's not executing his office in person, if he shall execute the same by some deputy to be appointed by virtue of this act, nor in cases of occasional illness, nor other like necessary cause of absence, not continuing more than two months at any one time. III. That if any person to be appointed by virtue of this act shall de- Remedy in mean himself in any manner contrary to the true intent and meaning case of mishereof, or otherwise misbehave himself, it shall be lawful for the said behaviour. court to hear and decide upon such misbehaviour, and also to hear and determine all complaints that may be made against such person, in a summary way, and by rule of the same court to order compensation to be made to any person injured by such misbehaviour; or to fine such offender, or make void his appointment, or punish the offender by all or No. II. any of the ways aforesaid, as to such court in its discretion shall seem 6 G. 4, c. 83. fit. How and for IV. Provided always, That in case any officer to be appointed by virtue of this act shall, by ill-health or other infirmity, become incapable what cause a of discharging the duties of his said office, or shall for any other reasondeputy may be able cause, to be allowed by the said lord chief justice, be desirous of appointed. being relieved from the discharge of the duties thereof, either permanently or for a certain time only, it shall and may be lawful for the said lord chief justice to appoint some fit and proper person to act as a deputy of such officer; the cause of such appointment being always distinctly mentioned and specified in the warrant of such appointment. [The rest of the act is omitted, as not being connected with the sale of offices.] PART III. CLASS XI. TRANSFER OF STOCK. [No. I.] 11 G. IV. c. 13.-An Act for transferring certain [No. II.] 3 & 4 W. IV. c. 31.-An Act for transferring certain Annuities of Four Pounds per centum per annum, into Annuities of Three Pounds and Ten Shillings per centum per annum; and for providing for paying off the Persons who may dissent to such Transfer. [25th July 1834.] [For the transfer of stock vested in trustees; see ante, Part II, Class I. See also a recent statute relating to the transfer of stock; ante, Part III, Class VI.] [No. III.] 3 & 4 W. IV. c. 24.-An Act to amend an Act WHEREAS an act was passed in the tenth year of the reign of king George the fourth, intituled An Act to amend the several Acts for 10 G. 4, c. 27, regulating the Reduction of the National Debt; and it was in and by the s. 3. said act, amongst other things, enacted, that the one-fourth part of the sum which from time to time should appear by every such annual account respectively to be the actual surplus revenue of the year immediately preceding beyond the expenditure of the united kingdom should be charged and the same was in and by the said act made chargeable upon the consolidated fund of the united kingdom, and was directed to be issued and paid, in and for the quarter of the year then next ensuing the quarter of the year within which such annual account respectively was in and by the said act directed to be made up, either into the bank of England or into the bank of Ireland, to the account of the commissioners for the reduction of the national debt, as the said commissioners should direct, to be by them applied towards the redemption of the national debt of the united kingdom, in such proportions, and at such time and times in each and every quarter in every future year, as the said commissioners for the reduction of the national debt should require, according to the provisions and directions of any act or acts then in force respecting sums issued from the exchequer towards the reduction of the said national debt: And whereas in and by the said act it was also enacted that the said commissioners should from time to time apply all A A |