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No persons hereafter ap
No. I. to execute the duties of such last-mentioned office or employment, all 1 W.4, c. 58. the persons appointed to and executing the duties of such last-med
tioned office or employment together shall be entitled to receive the difto be entitled ference between the net amount of the fees and emoluments received by only to the virtue of that office or employment and such net certified value as aforesame amount of said, and shall account for such fees and emoluments, and pay over fees or com
such surplus as aforesaid, in like manner as if such office or employ. pensation as ment had continued to be held by the same person or persons who held those before appointed.
the same on the said twenty-fourth day of May, and no person appointed in addition as aforesaid shall be entitled to receive any more than his rateable part of such difference.
XIV. That no person, who, after the said twenty-fourth day of May
one thousand eight hundred and thirty, shall be appointed to any such pointed to any office or employment as aforesaid, shall, nor shall any person who may office shall be appear to the satisfaction of the commissioners to be appointed by virentitled to tue of this act to have accepted office upon condition of relinquishing claim compen- any claim to compensation in case of its abolition, be deemed entitled sation.
to prefer any claim to compensation in respect of any alteration of any kind whatsoever, which shall be made by lawful authority, in the constitution, process, practice, pleadings, or other proceedings of any of the said courts, or in the constitution, duties, or emoluments of any of the
said offices or employments, by such authority as aforesaid. This act not to
XV. Provided always, That nothing herein contained shall be conprevent the strued to prevent any person from being dismissed from any office or dismissal of any employment which he may have held on the said twenty-fourth day of officer. May one thousand eight hundred and thirty, in like manner as he might
have been dismissed therefrom if this act had not been made, or to give him any greater or other interest in such office or employment than he might have lawfully claimed or exercised if this act had not been
made. Provision for XVI. Provided also, That if any such office or employment as aforepayment of
said shall be abolished by lawful authority, every person, his heirs, execompensation cutors, or administrators, who under the provisions of this act would in the event of have been entitled to receive the difference between the net amount of
the fees and emoluments which would have become due and the certified being abo
value of such office or employment, in case the said office or employlished.
ment were not abolished, shall be entitled to receive, during all the time for which such person was entitled to hold the office or employment so abolished, such annual sum as the lord bigh treasurer or any three of the commissioners of his Majesty's treasury for the time being, and the lord chief justice or lord chief baron of the court to which such office or employment may belong, shall fix and appoint, as a full and fair compensation for the loss of such office or employment, not exceeding in any case the amount of such certified value, and not being less in any case than three fourth parts thereof; and every person, who under the said provisions would be entitled to receive such difference during the joint continuance in office of himself and the person by whom he was appointed to any such office or employment, shall be entitled to receive such sum so to be fixed and appointed as aforesaid by the lord high treasurer or any three of the cominissioners of his Majesty's treasury for the time being, and the lord chief justice or lord chief baron of the court to which such office or employment shall belong, during his natural life, if the person appointing him had such an interest in his office as would have so long continued, otherwise during
such period only as his interest would have continued. Power for the XVII. That it shall be lawful for the lord high treasurer or commistreasury to pur- sioners of his Majesty's treasury for the time being, or any three or chase offices in more of them, to agree with any person or persons who on the said fee or offices
twenty-fourth day of May one thousand eight hundred and thirty shall abolished. have held any such office or employment, in fee, or for life or term of
years, or otherwise, for the absolute purchase of such office or employment for any sum of money, which sum of money shall be paid out of
the consolidated fund of the united kingdom: and that from and after No. I. such purchase and payment all fees and emoluments which shall become 1 W. 4, c. 58. due in respect of any such office or employment as shall be so purchased, and shall not have been abolished, shall be received by such person or persons as the lord high treasurer or any three of the commissioners of his Majesty's treasury shall from time to time appoint by writing under their hands, and shall be paid into the receipt of the exchequer, to the credit of and as part of the consolidated fund of the united kingdom.
XVIII. That nothing in this act contained shall extend to require the No new acrender of any account of his Majesty's judges of the courts of record at count required Westininster other than such as is now required by law. from the judges.
XIX. And whereas, in case of future appointments to any of the Amount of fees, offices or employments, of which an account is required by this act to be &c. may be rerendered, the fees and emoluments payable in respect of the duties of duced, and such offices or employments may exceed the amount of a reasonable surplus paid remuneration to the officer holding the same, and it is therefore expe- into treasury. dient to provide a power for reducing the same; be it enacted, That it shall be lawful for the lord high treasurer or the commissioners of his Majesty's treasury for the time being, or any three or more of them, when and as often as occasion may be or require, to reduce, so far as may appear reasonable, the amount of the fees and emoluments to be thereafter allowed to any officer who shall after the passing of this act be appointed to any office or employment as to which an account is required by this act to be rendered as aforesaid, and to direct that the surplus of the fees and emoluments to be received by him shall, after deducting such remuneration as aforesaid, be paid into the receipt of the exchequer, to the credit of and as part of the consolidated fund of the united kingdom: Provided always, That nothing herein contained shall affect any right which may be vested in or exercised by the said courts, or any of them, or any of the judges or officers thereof, of appointing persons to offices or employments in the same, or of regulating and controlling the manner in which the duties of any such offices or employments shall be performed.
XX. Provided always, That no future appointment of any person to As to future any office or employment, whereof an account is by this act required to appointments be rendered, shall be valid, so as to entitle such person to the fees or to offices emoluments thereof, until such person shall have given notice in writing whereof an acof such his appointment to the lord high treasurer or to the commis- count is hereby sioners of his Majesty's treasury for the time being; and that until such required. notice shall have been given, all fees or emoluments to be received by virtue of such office or employment shall be accounted for to the lord high treasurer or to the commissioners of his Majesty's treasury for the time being, and shall be paid into the receipt of the exchequer as aforesaid.
XXI. That it shall not be lawful for any officer required to render an No addition to account of any fees or emoluments by virtue of this act to make any be made in addition to the number of persons employed in performing the duties of offices without such office or employment, or to the amount of remuneration to be paid
consent of or allowed to any person or persons in respect of such services, so as
treasury. to increase the disbursements or expences to be charged or claimed by such officer in respect of such office or employment, without the consent in writing of the said lord high treasurer or commissioners of his Majesty's treasury for the time being, or any three or more of them.
XXII. That every person who shall swear falsely to any matter re- False swearing specting which an oath either personally or in writing is hereby required under this acı. or authorized to be made, and shall be convicted of so doing wilfully and corruptly, shall be deemed guilty of wilful and corrupt perjury, and shall suffer the pains and penalties of that offence.
XXIII. That it shall be lawful for the said lord high treasurer or the Power of apsaid commissioners of his Majesty's treasury for the time being, or any pointing com
No. I. three or more of them, from time to time, as occasion may be or re1 W. 4, c. 58. quire, to appoint such and so many persons to be commissioners for
carrying this act into effect as may to him or them appear fit and necessary, and any three or more of such commissioners to be so appointed shall be competent to act in the execution thereof.
[No. II.] 1 W. IV. c. 69.--An Act for uniting the
Benefits of Jury Trial in Civil Causes with the ordinary
[23d July 1830.] WHEREAS an act was passed in the fifty-fifth year of the reign of
his Majesty king George the third, intituled An Act to facilitate the 55 G. 3, c. 42. Administration of Justice in that part of the United Kingdom called Scot
land, .by the extending Trial by Jury to Civil Causes : by which act certain commissioners were appointed for the trial of such causes, and certain regulations made in regard to such trials : And whereas another
act was passed in the fifty-ninth year of the reign of his said Majesty, 59 G. 3, c. 35. intituled An Act to amend an Act passed in the fifty-fifth Year of the reign
of his present Majesty, intituled • An Act to facilitate the Administration of Justice in that part of the United Kingdom called Scotland, by the extending Trial by Jury to Civil Causes : And whereas another act was
passed in the sixth year of the reign of his late Majesty king George 6 G. 4, c. 120. the fourth, intituled An Act for the better regulating of the Forms of Pro
cess in the Courts of Law in Scotland: by which last act certain provisions were made relative to the constitution of the jury court, and which provisions are declared to continue and be in force until the thirtieth day of June in the year one thousand eight hundred and thirty, and from thence to the end of the next session of parliament; and it is further provided by the said last-recited act, that it should be lawful for his Majesty to appoint such persons as he should think fit, to make all inquiries, as they should be directed, by instructions from his Majesty, into the forms of proceeding in trials of civil causes by jury in Scotland, and to report whether these forms may be improved, and at what time and in what manner the union of the benefit of jury trial in civil causes with the jurisdiction of the court of session may be best accomplished : And whereas pursuant to the said last-recited act his late Majesty did, by an instrument under his royal sign manual, appoint certain persons to make the inquiries set forth in the said last-recited act, as more particularly specified in instructions annexed to the said instrument under the royal sign manual: And whereas the said commissioners so appointed made a report to his late Majesty upon the subject matters into which they were appointed to inquire ; which report has been laid before both houses of parliament: And whereas it is expedient that the said recited acts should be altered, amended, and continued in certain parts, and that provision should be made for uniting the benefits of jury trial in civil causes with the ordinary jurisdiction of the court of session in Scotland; and that in so doing advantage should be taken of the knowledge and experience of the present lord chief commissioner and of the other lords commissioners of the jury court: And whereas it is also expedient that certain other alterations and reductions should
take place in the judicial establishments of Scotland : May it therefore From Oct. 5, please your Majesty that it may be enacted; and be it enacted, &c., 1830, trial by That from and after the fifth day of October next after the passing of jury in civil
this act, the jurisdiction for trial by jury in civil causes shall be united causes shall be with and shall form part of the ordinary administration of justice in united with the
the court of session in Scotland; and the trial of causes by jury shall ordinary admin istration of
take place in the court of session as hereinafter directed : Provided No. II. always, That the jury court and the jurisdiction thereof shall continue 1 W. 4, c. 69. as now constituted until the said date, after which it shall cease and determine ; but without prejudice to the present lord chief commissioner justice in the and the other lords commissioners of the jury court respectively con- court of session tinuing to perform the duties herein-after directed.
in Scotland. II. l'hat from and after such union all causes and issues, which, if Causes to be they had occurred before the passing of this act, must by law have been prepared by tried by jury in the jury court, shall be tried by jury in the court of the lords ordisession ; and such causes shall be prepared for trial by the lords ordi- nary, and tried nary respectively before whom such causes shall depend.
by jury in the III. That from and after the period when such union shall take place
courtof session. as aforesaid, the lords president of the two divisions shall respectively Lords president try by jury all issues arising out of causes depending in these divisions to try all jury respectively when such trials take place at Edinburgh ; and may other causes originwise respectively discharge all duties previously assigned to the lord ating in their chief commissioner, in so far as may regard such causes, not being in
respective diviconsistent with the provisions of this act: Provided always, That it shall continue to be competent to the said lord chief commissioner to Lord chief perform all such duties; and farther, That for the space of three years to continue to from and after the time when such union shall take place, there shall be present and form a component part of the court, upon all occasions duries relative
perform his when either of the lords president of the two divisions of the court of to trial of civil session shall respectively try by jury any issue arising out of a civil causes. cause, either the lord chief commissioner of the jury court, or one of the judges of the court of session, who at the time of such union shall have held the office of one of the lords commissioners of the jury court; and provided farther, That in the event of the indisposition or necessary Provision in absence of either of the said lords president, such issues shall, during case of absence the aforesaid space of three years, be tried either by the said lord chief of lord presicommissioner along with one of the judges of the court of session, or dent. by at least two judges of the court of session, whereof there shall be one of the said judges of the jury court; and that from and after the expiration of that period, such issues shall in the said events be tried by any other judge or judges of the division of the court before which the cause may depend.
IV. Provided always, That if the judges of the court of session who Lord president had held the office of commissioners of the jury court shall, before the may proceed to expiry of three years, be reduced to two, it shall be competent to the trial without lord president of either division to proceed to trial, if he think fit, with- judge of jury out any judge who has formerly been of the jury court, and they are court. hereby empowered so to proceed.
V. That it shall and may be lawful for either party to apply to the Application for division of the court to which a cause belongs, that the issue or issues trial. shall be tried before such division; and such division may or may not, in its discretion, order such cause to be so tried.
VI. That the lord president of each division of the court shall have Lord president power, and he is hereby authorized and empowered, to order and direct may direct that any issue or issues shall be tried before the division of the court issues to be to which he belongs: Provided always, That for the space of three years tried before his as aforesaid, either the lord chief commissioner or one of the aforesaid division of the judges of the jury court shall be one of the court on occasion of such court. trials.
VII. That all proceedings for the correction of errors or injustice Proceedings in alleged to have been committed in the trial of a cause, and all questions error to be reserved for decision after trial, and all questions relating to the appli- taken before cation of the verdict, or the rights and interests arising therefrom, and the division to
which the all questions of expences, shall proceed before the division of the court to which the cause belongs : Provided always, That such division shall
cause belongs. have power to order a hearing before the whole court of session, or to require the opinions of the other judges, on such points or questions as such division may deem proper.
No. II. VIII. That the said lord chief commissioner shall be enipowered and 1 W. 4, c. 69 have right to sit and vote in both divisions of the court as a judge of
the court of session, in the before-recited and all other proceedings Lord chief touching any cause now triable in the jury court, both before and after commissioner verdict, and shall be entitled to rank immediately after the lord justice to sit as a lord clerk. of session in jury cases. Trials by jury
IX. That trials by jury may proceed at all such times, as well during may proceed session as in the vacation, as the division of the court before which the when the divi- cause stands inrolled shall appoint; and all causes remaining untried sion is not and entered as ready for trial, at the termination of the winter or sumsitting.
mer sessions, or at the commencement of the Christmas recess, shall be tried at sittings of the court to be held immediately after these periods respectively, excepting only such causes as, on the motion of any party,
the court may think fit to postpone. Provision for X. That it shall and may be lawful for his Majesty, his heirs and extending the successors, with consent of his privy council, and he is hereby emwinter and powered, if he shall think fit, to order and direct that the winter and
summer sessions of the court of session, or either of them, shall be exsions.
tended, and to specify the time or times of such extension, and the precise duration thereof, and to direct that such extension shall apply either to the whole court of session, or exclusively to the perinanent lords ordinary: Provided always, That such extension shall not on the whole exceed the space of one calendar month in the course of the year; and that it shall in like manner be lawful for his Majesty thereafter to direct that such extension be diminished as to duration, and altered or varied as to the time or times when the same shall take place, and that the sessions shall in like manner be again extended as occasion may require, and the said court, or the permanent lords ordinary, shall sit at the time or times and during the period or periods which may be so ordered by his Majesty; and for the information of his Majesty in this behalf, the lord president of the court of session is hereby required, on or before the fifteenth day of January in every year, to transmit to one of his Majesty's principal secretaries of state a return, according to the form prescribed in the schedule hereunto annexed;
which return shall be laid before both houses of parliament. Trial of issues XI. That all causes or issues appointed to be trird before any circuit before courts. court shall and may be so tried before any one or more of the judges of
the court of justiciary when upon circuit; and at all trials before any circuit court the jury shall be taken from the lists prepared for the trial of criminal offences : Provided always, That it shall be competent to either division of the court of session, if in their judgment it shall be considered necessary, to direct any causes or issues to be tried by any other judge or judges of the court of session at any circuit town, and if necessary for the trial of the same to cause jurymen to be summoned in
the manner provided by the before recited acts. Clerks in jury XII. That the clerks and macers of the jury court shall continue to court, discharge the duties of their respective offices in the court of session,
after such union, as well at Edinburgh as on the circuits ; and that all other inferior offices in the jury court shall be and the same are hereby
abolished. Reduction of
XIII. That the two vacancies which shall next occur in the office of clerks, &c. in principal clerk of session, as also in the office of deputy clerk of session, the court of
shall not be supplied; and that in like manner the vacancies in the session. offices of the other clerks belonging to the court of session shall not be
supplied until the total number of such clerks, including those connected with proceedings in trial by jury, shall not exceed the number of clerks exclusively belonging to the court of session at the passing of this act; and it shall be lawful for the said court, from time to time as said vacancies occur, to make such regulations as may be necessary for duly apportioning the duty among the remaining clerks; and it is provided that as vacancies shall occur in the office of macer, the number of