XXXII. That whenever it shall appear in any annual statement that

No. I.

any sum of money of or belonging to a savings bank is in the hands of 3 W. 4, c. 14. any treasurer or other person, the said annual statement shall be accompanied with a certificate, signed by such treasurer or other person, that When money the sum of money therein mentioned is in his possession. is in the hands

of a treasurer, his certificate to accompany the statement. XXXIII. Provided always, That nothing contained in this act respect- Re-enrollment ing savings banks shall render it necessary to have the rules and regula- of rules not tions of savings banks again enrolled, if the same have been before necessary. enrolled according to law.

XXXIV. That the provisions of the said act made and passed in the 9 G. 4, c. 92, ninth year of his late Majesty king George the fourth, and of this act, as amended by shall extend to all savings banks established or hereafter to be established this act, exin the islands of Guernsey and Jersey and Isle of Man. tended to Guernsey, &c.

XXXV. That this act shall extend to Great Britain and Ireland and Limits of the Berwick-upon-Tweed, and the islands of Guernsey and Jersey and Isle act. of Man.

[No. II.] 5 & 6 W. IV. c. 57.-An Act to extend to Scotland certain Provisions of an Act of the Ninth Year of his late Majesty to consolidate and Amend the Laws relating to Savings Banks; and to consolidate and amend the Laws relating to Savings Banks in Scotland.

[See also, as connected with this title, Part VI., Class 18, Friendly Societies.]

BB

PART IV.

Of Courts and Civil Proceedings.

CLASS I. General Courts of Common Law, Court Houses, Judges. 2. Attornies and other Officers.

3. Original Writ, Process, Arrest, Imprisonment, Bail, Appear

18. Real Actions.

19. Distress, Replevin, and Matter relating to Landlord and Tenant. 20. Actions against Justices of Peace, and other Officers.

21. Penal Actions and Informations.

22. Hue and Cry, and Actions against the Hundred.

23. King's Debts.

24. Ecclesiastical and Maritime Courts.

25. Courts of Equity.

26. Coroners.

27. Warden.

28. Bankrupts.

CLASS I.

GENERAL COURTS OF COMMON LAW, COURT HOUSES, JUDGES.

[No. I.] 1 W. IV. c. 58.-An Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law (1). [23rd July 1830.]

WHEREAS it may be necessary for the better administration of justice that amendments and alterations should be made in the process, practice, pleadings, and other proceedings of his Majesty's superior

(1) See post, the 1 & 2 W. 4, c. 35, explaining and amending this act.

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courts shall

courts of common law in England and Wales, or that the offices belonging to the said courts should be subjected to new regulations, 1 W. 4, c. 58. whereby the amount of fees and emoluments which some of the officers are or may be entitled to demand and receive in respect of the duties of their offices may be diminished or wholly taken away, and the amount of fees and emoluments which others are or may be entitled so to demand and receive increased: And whereas it is fit that compensation should be made for any such loss, and that the public should have the benefit of any such increase of fees and emoluments: Be it therefore enacted, &c., That, except as herein-after mentioned, every person who Persons holdon the twenty-fourth day of May one thousand eight hundred and ing offices in the superior thirty shall have held any office in or belonging to any of the said courts, in fee, or for any term either of life or years, or who shall then have render to the been appointed to any other office or employment in or belonging to commissioners any of the said courts, by virtue of any right of appointment hereto- under this act fore exercised by any of the judges of his Majesty's courts of record at an account of Westminster, and every cursitor of the court of chancery, and every their receipts person holding any office connected with the passing of fines and reco- for the last ten veries, who shall have been appointed on or before the said twenty- years. fourth day of May, shall forthwith, after the passing of this act, make or cause to be made out, and render to the commissioners to be appointed by virtue of this act as herein-after mentioned, an account in writing, in such form and with such particulars of receipt and otherwise as the said commissioners shall require, of all such lawful fees and emoluments as aforesaid which shall have become due in respect of every such office or employment as aforesaid, and of all disbursements and allowances made thereout, and charges affecting the same, in each of the ten years next preceding the said twenty-fourth day of May one thousand eight hundred and thirty.

tled to and who claimed

under 6 G. 4,

II. Provided always, That every officer who claimed and was entitled Officers entito compensation in respect of any fees or emoluments under the provisions of an act passed in the sixth year of the reign of his late Majesty king George the fourth, intituled An Act for preventing frivolous Writs compensation of Error, shall forthwith after the passing of this act make out and c. 96, to render render to the commissioners to be appointed by virtue of this act such an account for account in writing as herein-before directed, so far as regards such fees ten years before and emoluments, in respect of the ten years mentioned in the said the passing of recited act, in lieu of the ten years above mentioned; and that so much that act. of the said recited act as relates to the inquiring and ascertaining and certifying and paying the amount of the diminution or excess in the same act mentioned shall, from and after the last day of Trinity term one thousand eight hundred and thirty, cease and be of no effect, except so far as regards the compensation due to such persons under the said recited act up to the said last day of Trinity term one thousand eight hundred and thirty.

III. That in case any person holding any such office or employment If an account as aforesaid shall not be able to make or cause to be made out any such cannot be renaccount as aforesaid for every one of the years in respect of which the dered, the same is to be so rendered, he shall specify in the account which he shall reason to be render the reason why he is not able to render an account for any such year or years as may be omitted.

stated.

IV. That the said commissioners shall be authorized to inquire into Commissioners and examine as well the legality as the amount of the fees and emolu- may examine ments contained in any such account as aforesaid, and of all disburse- the legality, ments and allowances made in respect thereof, and of all charges &c. of the fees affecting the same; and to require proof to be made, upon oath, either upon oath. personally or in writing, of any matter into which such commissioners may think it necessary to inquire; which oath may be administered either by such commissioners, or any three of them, or by a judge or commissioner of any of the said courts.

V. That the said commissioners shall ascertain the gross and net Commissioners annual value, according to a fair average of the said ten years as afore- shall ascertain

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such offices according to an average of

said, of the lawful fees and emoluments of all such offices and employ1 W. 4, c. 58. ments as aforesaid; and in every case wherein it shall happen that the fees and emoluments relating to any particular year or years shall have the value of all been omitted by any officer in the account rendered to the said commissioners, and they shall be satisfied with the reason given for such omission, the said commissioners shall estimate the gross and net annual value of the office or employment of such officer according to the best of their judgment; and in order to assist them in forming a judgment therein, they shall have regard to the amount of fees and emoluments which in the year or years omitted have been received by other officers, the fees and emoluments of whose offices or employments may, in the opinion of the said commissioners, afford a fair ground of comparison.

ten years;

and certify the same to the treasury.

The fees to be paid until altered.

Officers to render an account of

their fees in future to the treasury.

VI. That when the said commissioners shall have ascertained to their satisfaction the gross and net annual value of the fees and emoluments of such offices and employments, or any of them, computed as aforesaid, together with the particulars of the disbursements, allowances, and charges constituting the difference between such gross and net annual value, they shall from time to time certify the same under their hands to the lord high treasurer or commissioners of his Majesty's treasury for the time being, who shall lay copies of every certificate of the said commissioners before both houses of parliament.

VII. That, until otherwise directed by lawful authority, all fees and emoluments that now are or may be legally received in respect of any such offices or employments shall continue to be received, and shall be accounted for in the manner herein-after mentioned.

VIII. That every person who on the twenty-fourth day of May one thousand eight hundred and thirty shall have held any such office or employment as aforesaid, and the heirs, executors, or administrators of every such person having an interest in such office, in fee, or for any term of life or years, shall, during his or their continuance or interest in such office or employment, render to the lord high treasurer or commissioners of his Majesty's treasury for the time being, upon oath, to be sworn before a judge of one of the said courts, or a commissioner duly authorized to take affidavits therein, a true account in writing of the gross and net amount of all such fees and emoluments as aforesaid, which shall have become due on account of such office or employment, specifying the particulars of the disbursements, allowances, and charges constituting the difference between such gross and net amounts, at and for such time or times, in such form, and with such further particulars of receipt or otherwise, as the commissioners to be appointed (by virtue of this act) shall fix.

Manner of IX. That in case the said lord high treasurer or commissioners of his proceeding if Majesty's treasury for the time being, or any three or more of them, account is un- shall be dissatisfied with any account to be rendered to them as aforesatisfactory. said, it shall and may be lawful for him or them to refer the same to any one or more of the chief justices, chief baron, or judges of any of his Majesty's superior courts at Westminster, or to any one or more of the masters of the high court of chancery, who shall thereupon, by such ways and means and by the examination of such persons as he or they shall think fit, and on oath, if he or they shall think an oath necessary to be administered, in manner aforesaid, inquire into and investigate the said accounts, or any item therein, and all or any of the disbursements, allowances, or charges therein contained, and make such allowances and disallowances therein as he or they shall think just and reasonable; and shall finally settle and certify in writing the net amount of the fees and emoluments to which such account relates. X. That in case the net amount of such fees and emoluments which received shall shall have become due to any person, who, on the said twenty-fourth exceed the cer- day of May one thousand eight hundred and thirty, shall have held any tified value of such office or employment as aforesaid, shall exceed the net annual value the office, the thereof which shall have been certified as aforesaid, the surplus shall,

If the fees

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within seven days after the rendering of such account as aforesaid, be paid into the receipt of the exchequer, to the credit of and as part of the 1 W. 4, c. 58. consolidated fund of the united kingdom; and if default shall be made

in the payment of any such surplus as aforesaid into the receipt of the surplus shall exchequer, to the credit of the consolidated fund, the amount thereof be paid into shall be and be deemed a specialty debt due to his Majesty; and the the exchequer lord high treasurer or any three of the commissioners of his Majesty's to the consolitreasury for the time being shall or may from time to time, by an order dated fund. under his or their hands, appoint and authorize such person as he or they shall think proper to receive all the fees and emoluments of the said office or employment in respect of which such surplus is due; and every such person shall accordingly have and is hereby invested with Proceedings full power to receive aud compel payment of such fees and emoluments, against deuntil such surplus with interest thereon, and all costs and expences faulters. occasioned by the nonpayment thereof, are satisfied; and the monies so to be received shall be applied in payment of the same accordingly; and if any surplus shall remain in hand after making all such payments, the same shall be paid to the person entitled to such office or employment: Provided always, That every such officer shall and may retain, out of the surplus so to be paid by him into the receipt of the exchequer, so much money as the lord high treasurer or any three of the commissioners of his Majesty's treasury for the time being, and the lord chief justice or chief baron of the court to which the office or employment of such officer may belong, shall, by writing under their hands, authorize him to retain, as a reasonable compensation for his additional trouble in respect of the increase in the business of his said office or employment.

officers out of

XI. That in case the net amount of such fees and emoluments which If the receipts shall become due to any person, who, on the said twenty-fourth day of fall short of May one thousand eight hundred and thirty, shall have held any such the certified office or employment as aforesaid, shall fall short of the net annual value, the dif value thereof which shall have been certified as aforesaid, every such ference shall person, his heirs, executors, or administrators, having an interest in be paid to the such office or employment, in fee, or for any term either of life or years, the consolishall, during his or their continuance or interest in such office or em- dated fund. ployment, be entitled to receive from the lord high treasurer or commissioners of his Majesty's treasury, within one calendar month next after the rendering of such account as aforesaid, the full amount of the difference between the net sum which shall have so become due and such certified value; and the amount so to be paid shall be charged upon and paid out of the consolidated fund of the united kingdom, without any fee or deduction whatsoever; and every person, who, on the said twenty-fourth day of May one thousand eight hundred and thirty, shall have been appointed to any office or employment by any judge as aforesaid, shall, during the continuance in office of the person so appointed, under and by virtue of that appointment, be entitled in like manner to receive such difference.

XII. Provided always, That in case any person entitled to receive or Provision for required to pay over any sum of money under the provisions of this act the case of an shall die or resign, or be dismissed from his office or employment, officer dying, before the termination of any year, the executors or administrators of &c. before the the person so dying, or the person himself so resigning or dismissed, end of the year. shall render such account as aforesaid for such part of the year during which the person so dying or resigning or dismissed shall have held such office or employment, and shall be entitled to receive or required to pay over an amount proportioned to that part of the year during which such person shall have held the same.

XIII. Provided also, That if any person authorized to make an ap- If addition is pointment to any office or employment as aforesaid shall, after the made to the twenty-fourth day of May aforesaid, have appointed, or shall hereafter number of perappoint, any other person or persons, in addition to the person or sons executing persons who held such last mentioned office or employment on that day, an office, the whole number