No. X. other barons of the said court, no successors should be appointed to 2 W. 4, c. 54. their respective offices, and that fit provisions should be made for the performance of the duties of their respective offices, and also for facilitating the retirement of the said lord chief baron and other barons of the No successors said court: Be it therefore enacted, &c., That from and after the passing to be appointed of this act, upon the retirement or decease of the present lord chief to the present baron or any of the present barons of the said court, no successors shall barons. be appointed to their respective offices. Discharge of duties of the court upon retirement or death of the II. That from and after the retirement or decease of any of the existing judges of the said court of exchequer all the judicial and other duties now discharged by the said court, or by any of the judges thereof, shall be discharged by the remaining judges of that court, or the last several barons, remaining judge thereof, as the case may be. After retirement or death of the last baron duties to be discharged by a judge of the court of ses sion. Power given to judge of the court of session to grant warrant for issuing commissions. As to the annuities to be granted to the barons. III. That from and after the retirement or decease of the last remaining baron or chief baron, all the duties and powers which are by this act directed to be discharged and performed by and vested in such last remaining baron or chief baron shall be transferred to, discharged, and performed by and vested in such one of the judges of the court of session (such judge not being one of the judges of the court of justiciary) as his Majesty shall from time to time be pleased to name; and such judge shall have full power and authority to try all such suits and causes in the said court of exchequer, either in term or out of term, as he shall appoint: Provided nevertheless, that nothing in this act contained shall abridge or alter the jurisdiction or powers of the said court of exchequer. IV. That if at any time after the passing of this act the number of the barons of the said court shall be reduced, or after the retirement or decease of the last remaining baron as herein-before mentioned, then and in such case it shall and may be lawful, during the indisposition or absence of the baron and barons of such court to which the same shall be reduced, or of the judge of the court of session to be appointed to try the suits and causes in the said court as herein-before mentioned, to and for the judge of the court of session officiating as lord ordinary upon the bills for the time being to grant warrant for the issuing of all commissions to find debts, and fiats for the issuing of all writs and extents and other process issuable out of the said court of exchequer, and also to revise such signatures for the granting of crown charters, as may be of an urgent nature and require dispatch, in like manner and to as full force and effect as the lord chief baron or other barons of the said court are now by law authorized to do; any law, practice, or custom to the contrary hereof in anywise notwithstanding. V. That from and after the the passing of this act the said provision in the said recited act of the forty-eighth year of the reign of his late Majesty king George the third contained, making fifteen years official chief and other service or some permanent infirmity a necessary condition to the granting the annuities or yearly sums of money therein mentioned, shall not extend to the present lord chief baron of the said court or to the other present barons of the said court who shall resign their offices: Provided nevertheless, That the annuity or yearly sum of money to be granted to the said lord chief baron by virtue of the said act or of this act shall not exceed the sum of two thousand pounds per annum; and that the annuities or yearly sum of money to be granted to each of the other barons who shall retire shall not exceed one thousand five hundred pounds per annum. Salary to judge of the court of session to be appointed in place of the barons of exchequer. VI. That in consideration of the services to be performed by the judge of the court of session to whom the duties and powers of the present lord chief baron and barons of exchequer are to be transferred, it shall be lawful for his Majesty to grant warrants for paying to the said judge a salary or yearly sum of money not exceeding the sum of six hundred pounds; which sum of money shall be payable out of the same fund from which the salaries of the present lord chief baron and other barons are now payable, [No. XI.] 2 & 3 W. IV. c. 110.-An Act for the better WHEREAS an act was passed in the first year of the reign of his pre sent Majesty, intituled An Act for the more effectual Administration 1 W. 4, c. 70. of Justice in England and Wales; and by the said act certain changes were made on the plea or common law side of the court of exchequer : And whereas William Stewart Rose esquire now is clerk of the pleas in the said court, and is lawfully entitled to execute the said office, by himself or his sufficient deputy, during the term of his natural life, and Thomas Dax esquire (commonly called the master) now is deputy clerk of the pleas, and Stephen Richards, Kenrick Collett, Edmund Walker, and George Chilton, esquires, are the four sworn clerks in the said court; and the said Thomas Dax, Stephen Richards, Kenrick Collett, Edmund Walker, and George Chilton are the five principal_acting officers of the said court: And whereas the business in the offices on the plea or common law side of the said court has greatly increased, and the same since the passing of the said act has been conducted and performed by the said deputy clerk of the pleas and the said four sworn clerks, but without any regulation as to the respective duties to be performed by each; and many of the duties of the master have from necessity been performed by the sworn clerks, but without any obligation upon them to perform such duties; and it is expedient to apportion such business among the said officers, and to fix and determine the duties to be performed by them respectively: Be it therefore enacted, &c., That from and after the commencement of this act there shall con- There shall be tinue to be five principal officers on the plea side of the said court (ex- five principal clusive of the said William Stewart Rose esquire, the said clerk of the officers on the pleas), and no more; and that the said Thomas Dax, Stephen Richards, plea side of the Kenrick Collett, Edmund Walker, and George Chilton, esquires, who court, excluhave so conducted the business on the plea side of the said court, and clerk of the their successors, shall, from and after the passing of this act, perform pleas. the same as follows; that is to say, the said Thomas Dax, Kenrick Collett, and Edmund Walker shall perform the duties of master and prothonotary, the said Stephen Richards the duties of clerk of the rules, and the said George Chilton the duties of filazer of the said court, and the said officers shall be styled and designated accordingly; and if any doubt or difference shall at any time arise respecting the duties to be performed by the said respective officers, the same shall be settled and determined by the lord chief baron and the other barons of the said court for the time being. sive of the Their offices. II. That such officers and their successors shall hold their said offices Offices to be during good behaviour, and shall and may, in and for the discharge of held during the duties of their respective offices, have such assistants and clerks as good behathe lord chief baron and the other barons of the said court for the time viour, with being shall determine to be necessary and proper; and that such assist- such assistants ants and clerks shall and may be appointed by such officers respectively, subject to the approbation of the lord chief baron for the time being; may deem neand that each of the said officers shall at all times be responsible for cessary. the conduct of such of the said assistants and clerks whom he shall appoint. as the court III. That from and after the second day of Easter term one thousand Persons holdeight hundred and thirty-three, no person holding any of the said ing any of the offices, or being an assistant or clerk to any of the said offices, shall act offices, or their as an attorney or solicitor, or agent of an attorney or solicitor, in any assistants, not court of law or equity in the united kingdom of Great Britain and Ire- to act as land, either separately or in partnership with any other, during such attorneys or time as he shall hold such office or act as such assistant or clerk. agents. IV. That the office of clerk of the errors, now filled and executed by Clerk of the errors. No. XI. 2 & 3 W. 4, c. 110. Attendance and hours of business to be as directed by the court. be granted, and, if necessary, a deputy appointed. the said Thomas Dax, shall continue to be filled and executed by him as long as he shall be a master or prothonotary of the said court, and no longer, and the same shall always hereafter be filled by the person who shall be the senior master or prothonotary of the court for the time being. V. That the said officers, and their assistants and clerks, shall give their attendance in court or elsewhere, and shall conduct the business in their several departments, at such hours, and in every respect in such manner, as the said lord chief baron and other barons of the said court shall from time to time order and direct. In case of sick- VI. Provided always, That if either of the said officers shall, from ness, &c. leave sickness or other reasonable cause, have occasion to be absent from the of absence may business of his said office, then and in every such case it shall and may be lawful for such officer, by and with the permission of the lord chief baron for the time being, or, in his absence, of some other baron of the said court, to give leave of absence, by his order in writing, to such officer, and, if necessary, to appoint a deputy in his place and stead during such time as shall be expressed in such order; and the name of such deputy, and also the cause and time of such absence, shall be stated in such order; and such deputy may, if occasion shall require it, be changed by the said lord chief baron, or, in his absence, by some other baron of the said court; and every such deputy shall be paid by the principal for whom he shall so act as aforesaid, and as the said lord chief baron, or other baron of the said court, shall direct in such order. VII. That if either of the said offices shall become vacant, or if any such officer shall be unable to act in his said office from sickness or any other cause, and shall be unable to appoint a deputy, then and in every such case it shall and may be lawful for the lord chief baron, by warrant under his hand and seal, to appoint a person to perform the duty of such officer until there shall be an effective officer to discharge the same; and such person so appointed shall, during the continuance of such deputation or appointment, have all and every the rights, emoluments, powers, and authorities, and shall be subject to the same liabilities, as such officer whose duty he shall so have been appointed to perform would have possessed or been liable to. The lord chief baron, in certain cases, may fill up vacancies until there shall be an effective officer. Office of clerk of the pleas not to be again filled up. As to the filling up of vacancies in the offices of master and VIII. That when a vacancy shall occur in the said office of clerk of the pleas, by the demise of the said William Stewart Rose esquire, or otherwise, the said office shall not again be filled up, but the same shall from thenceforth cease and determine. IX. That if any vacancy shall occur in either of the said offices of master and prothonotary during the lifetime of the said William Stewart Rose, and while he shall hold the said office of clerk of the pleas as aforesaid, the said William Stewart Rose shall, as often as such vacancy shall happen, appoint a person to succeed to such office, subject to the prothonotary; approbation of the lord chief baron for the time being; and after the and of the clerk of the rules and filazer. Salaries of the death of the said William Stewart Rose, or other determination of his said office, when any vacancy shall occur in either of the said offices of master and prothonotary, the lord chief baron of the said court for the time being shall appoint a fit and proper person to fill the same; and when, at any time after the passing of this act, any vacancy shall occur in the offices of clerk of the rules and filazer of the said court, the lord chief baron for the time being shall appoint a fit and proper person to fill such office. X. That the said five officers shall receive, by way of salary, for persaid five officers forming the duties of their respective offices, such annual sum as the to be fixed by lord chief baron and the other barons of the said court, with the approthe court, and bation of the lords commissioners of his Majesty's treasury, shall think paid out of the proper, to commence and be computed and payable from the twelfth day fees. of October one thousand eight hundred and thirty, the said salaries to be retained and paid out of the fees by law payable in respect of the Surplus of fees duties performed by the officers of the common law side of the said to be accounted court; and the surplus of such fees, after deducting the expences of for yearly. c. 110. assistants and clerks, the amount of which shall be fixed and regulated No. XI. by the said court, and the other necessary expences of the said office, 2 & 3 W. 4, shall be accounted for once every year, upon oath, before the lord chief baron and other barons of the said court, and the balance, if any, shall be paid over to the lords commissioners of his Majesty's treasury; and any sum which may be awarded to the said officers by the commissioners, or any or either of them, under the act passed in the first year of the reign of his present Majesty, intituled An Act for regulating the Receipt and future Appropriation of Fees and Emoluments receivable by Officers of the Superior Courts of Common Law, shall be taken into consideration in fixing and ascertaining their said respective salaries. XI. That there shall be paid to the said William Stewart Rose such W. S. Rose, annual sum as the lord chief baron and other barons of the said court, Esq. to receive with the approbation of the lords commissioners of his Majesty's trea- an annual sum sury, shall think proper, out of the said fees, until the said commissioners until commisunder the said act of the first year of the reign of his present Majesty sioners make shall make their report upon the claim made by the said William Stewart Rose under the said last-mentioned act. their report. XII. Provided always, That no officer or other person named in or Officers not appointed by virtue of this act shall be entitled to have or claim any entitled to comcompensation whatever for or by reason or in consequence of any such pensation if office being regulated, or abolished by law or the orders of the said offices abocourt, or otherwise. lished. XIII. That this act, and every clause and matter therein contained, Commenceshall commence and have effect immediately from and after the passing ment of act. of the same. [No. XII.] 2 & 3 W. IV. c. 116.-An Act to provide for WHEREAS in an act passed in the first year of the reign of his pre sent Majesty, intituled An Act for the Support of His Majesty's Household, and of the Honour and Dignity of the Crown of the United Kingdom of Great Britain and Ireland, it is recited, that in consequence of his Majesty having been graciously pleased to signify to his faithful commons in parliament assembled, that his Majesty placed without reserve at their disposal his Majesty's interest in the hereditary revenues, and in those funds which may be derived from any droits of the crown or admiralty, from the West India duties, or from any casual revenues, either in his Majesty's foreign possessions or in the united kingdom; and that in surrendering his Majesty's interest in revenues which had in former settlements of the civil list been reserved to the crown, his Majesty rejoiced in the opportunity of evincing his Majesty's entire reliance on their dutiful attachment, and his Majesty's confidence that they would cheerfully provide all that might be necessary for the support of the civil government, and the honour and dignity of his Majesty's crown; his Majesty's most dutiful and loyal subjects, the commons of the united kingdom of Great Britain and Ireland in parliament assembled, with hearts full of the warmest duty and gratitude, declare their desire that provision should be made for the support of the civil government by charges upon the consolidated fund, and otherwise by other acts to be passed in the then session of parliament, and that a certain and competent revenue for defraying the expences of his Majesty's household, and supporting the honour and dignity of the crown of the united kingdom during his Majesty's life (whom God long preserve), might be settled upon his Majesty: And whereas by the said recited act the latter object was effected, but no act or acts have since 1 W. 4, c. 25. No. XII. 2 & 3 W. 4, c. 116. Salaries to judges. passed for making the contemplated provision for the civil government charges previously borne upon the civil list revenues, upon the hereditary revenues of Scotland, and upon the four and half per centum duties, over and above the charges provided for by the said recited act; and, such charges have from time to time been provided for by occasional grants of parliament until they should be charged upon the consolidated fund, or otherwise provided for according to the spirit and meaning declared in the said recited act: And whereas it has been deemed expedient that many of the said charges should be granted from year to year upon estimates to be annually prepared for that purpose: And whereas it is now deemed expedient to carry into effect the intentions expressed in that act, by making provision for other of the said civil government charges out of the consolidated fund of the united kingdom of Great Britain and Ireland: Be it therefore enacted, &c. That it shall be lawful for his Majesty, his heirs and successors, to grant the several and respective annual salaries herein-after specified, from and after the fifth day of April one thousand eight hundred and thirty-two, to the judges of his Majesty's courts at Westminster and Dublin, herein-after enumerated; (that is to say,) to the chief justice of the court of king's bench at Westminster, ten thousand pounds; to the chief justice of the court of common pleas at Westminster, eight thousand pounds; to the chief baron of the court of exchequer at Westminster, seven thousand pounds; to each of the puisne justices of the courts of king's bench and common pleas and barons of the coif of the court of exchequer at Westminster, who may have been appointed before the sixteenth day of November one thousand eight hundred and twenty-eight, five thousand five hundred pounds; to each of the puisne justices and barons of the said courts who may have been appointed since the sixteenth day of November one thousand eight hundred and twenty-eight, and to those who may be hereafter appointed, five thousand pounds; to the cursitor baron of the exchequer at Westminster, during the continuance of the existing interest therein, two hundred and forty-three pounds; to the vice-chancellor of England, six thousand pounds; to the lord chancellor of Ireland, eight thousand pounds; to the chief justice of the court of king's bench in Dublin, five thousand and seventy-four pounds nine shillings and four-pence; to the chief justice of the court of common pleas in Dublin, four thousand six hundred and twelve pounds eighteen shillings and eight-pence; to the chief baron of the court of exchequer in Dublin, four thousand six hundred and twelve pounds eighteen shillings and eight-pence; to the second justice of the court of king's bench in Dublin, three thousand seven hundred and twenty-five pounds nineteen shillings and four-pence; to each of the other puisne justices of the courts of king's bench and common pleas and barons of the coif in the court of exchequer in Dublin, three thousand six hundred and eighty-eight pounds twelve shillings and four-pence; to the judge of the admiralty court in Ireland, five hundred pounds; and all such salaries shall be payable quarterly, and shall be charged and chargeable upon and paid out of the consolidated fund of the united kingdom of Great Britain and Ireland; and all such respective salaries shall be the full salaries of each of such judges, and shall be in lieu of all salaries heretofore payable to such judges out of the consolidated fund or civil list, or other fund whatsoever, under any act or acts of the parliament of Great Britain or Ireland or of the united kingdom, and of all fees or other emoluments which heretofore made part of the salaries of any of such judges respectively, save and except as to fees receivable by the present cursitor baron of the exchequer, who shall be allowed to continue to take and receive all fees legally demandable by him, during the continuance of his existing interest in the said office; any thing contained in any act or acts of the parliament of Great Britain or Ireland or of the united kingdom, or any law, usage, or custom, relating to any of the salaries of any of such judges respectively, to the contrary notwithstanding. |