No. VI. 2 & 3 W. 4, c. 122. transacted by them in or by virtue of their respective offices, to and for the use and on the account of the lord high chancellor, lord keeper and lords commissioners of the great seal of Great Britain, for the time being, which mode of remuneration is very uncertain, as well as derogatory to the dignity of such office, and it is expedient that a more certain and adequate provision should be made for the lord chancellor, lord keeper or lords commissioners, in lieu and stead of such fees, and that the annual payment of two thousand five hundred pounds, so by the last-recited act directed to be made and paid by the lord chancellor, lord keeper or lords commissioners of the great seal, for the time being, in the manner and for the purposes thereby directed and provided, should, from and after the fifth day of January one thousand eight hundred and thirty-two, cease and be no longer payable, and that the annual sum of five thousand pounds thereby directed to be paid to the vice chancellor of England out of the interest and dividends of the several stocks, funds, and securities standing in the name of the accountant general of the court of chancery to the two several accounts first hereinbefore mentioned, should, from and after the fifth day of April one thousand eight hundred and thirty-two, be no longer paid or payable out of such interest and dividends: And whereas it is expedient that a further sum, out of the common and general cash belonging to the suitors of the said court, now lying dead and unemployed in the bank of England, should be laid out and invested in the public stocks, funds, and securities, and carried to the account herein-after mentioned, the better to answer and satisfy, by and out of the dividends and interest thereof, the several annual payments hereby and by any and every former act and acts of parliament now or hereafter to be subsisting and payable thereout; be it therefore enacted, &c., That out of the common and general cash belonging to the suitors of the court of fund for benefit chancery, which now lies or shall hereafter lie dead and unemployed in of the suitors of the bank of England, a sum not exceeding the sum of one hundred and fifty thousand pounds shall and may, by virtue of any order or orders of the said court to be made for that purpose, from time to time be placed out, in one entire sum or in parcels, in the name of the accountant general of the said court, according to the general rules and orders of the said court, on such government or parliamentary securities as by such order or orders shall be directed; and such securities shall be carried to the said first-mentioned account intituled account of monies placed out for the benefit and better security of the suitors of the high court of chancery, and shall be made and form part of the same 150,000l. to be carried to the the court of chancery. Power to change the securities. account. II. That it shall and may be lawful for the lord chancellor, by any order or orders of the said court of chancery, to change the security or securities to be purchased pursuant to this act, or any part or parts thereof, for other government or parliamentary securities, and again to change such securities respectively from time to time, and to give all necessary directions for such purposes. Money placed III. Provided always, That if at any time hereafter the whole or out to be called any part of the money so to be placed out and invested pursuant to in, if required this act shall be wanted to answer any of the demands of the suitors for answering of the said court of chancery, then and in such case the said court may and shall direct the same or any part thereof to be called in, or the securities on which the same shall be placed to be disposed of, in order that the suitors of the said court may at all times be paid their respective demands out of the common and general cash belonging to such suitors. the demands of suitors. Repeal of so much of 53 G. 3. c. 24, as relates to payments to be made by the bank and by IV. That so much of the said act made and passed in the fifty-third year of the reign of his late Majesty king George the third, intituled An Act for facilitating the Administration of Justice, as enacts, that out of the interest and dividends of all or any of the securities purchased out of the common and general cash in pursuance of former acts, and to be purchased in pursuance of that act, there shall be paid by the No. VI. & 3 W. 4, c. 122. governor and company of the bank of England the net yearly sum of five thousand pounds to the vice chancellor of England for the time 2 being, and so much of the said act as directs that the lord chancellor, lord keeper, or lords commissioners for the time being should, from the time a vice chancellor should be appointed as therein mentioned, the lord chanout of the fees and emoluments belonging to and received in respect cellor to the of the custody of the great seal, or otherwise, pay or cause to be vice chancellor. paid to the governor and company of the bank of England the net yearly sum of two thousand five hundred pounds, in manner therein mentioned, shall be and the same is hereby repealed; and all quarterly payments of the said annual sum of two thousand five hundred pounds which are or would have accrued due thereon shall from and after the fifth day of January last cease and be no longer paid or payable. V. That out of the interest and dividends that have arisen or may 10,000l. per hereafter arise from the government or parliamentary securities now or Annum to be hereafter to be placed to the said two several above-mentioned accounts, in future paid intituled "Account of monies placed out for the benefit and better se- out of suitors curity of the suitors of the high court of chancery," and "Account of fund to the lord securities purchased with surplus interest arising from securities carried chancellor. to an account of monies placed out for the benefit and better security of the suitors of the high court of chancery," there shall be paid by the governor and company of the bank of England, without any draft from the accountant general of the said court, (but subject and without prejudice to the payment of all salaries and sums of money by any former act directed or authorized to be paid thereout,) the net yearly sum of ten thousand to the lord chancellor, or lord keeper or lords commissioners of the great seal of Great Britain, for the time being, as and for a yearly salary, to be paid from time to time quarterly, free and clear of and from all taxes, deductions, or abatements whatsoever out of the same or any part thereof, and to commence and be computed from the eleventh day of January, one thousand eight hundred and thirty-two, and to be from thenceforth payable quarterly on the eleventh day of January, the eleventh day of April, the eleventh day of July, and the eleventh day of October in every year, by equal portions, the first quarterly payment thereof to be paid and payable as due on the eleventh day of April now last past; and that if any lord chancellor, or lord keeper, or lords commissioners of the great seal, for the time being, shall die or resign, the executor or administrator of the lord chancellor, or lord keeper or lord commissioners, so dying, and the lord chancellor, or lord keeper or lords commissioners, so resigning, shall be entitled to receive and shall be paid such proportionable part of the salary aforesaid as shall have accrued during the time that such person or persons shall have executed the office of lord chancellor, or lord keeper or lords commissioners, since the last quarterly payment thereof; and that the succeeding lord chancellor, or lord keeper or lords commissioners, shall be entitled to receive a like portion of the salary as shall be accruing or shall accrue from the day of the death or resignation of the preceding lord chancellor, or lord keeper or lords commissioners. VI. That it shall and may be lawful to and for the clerk of the crown, Officers to acthe clerk of the letters patent, the secretary of fines, and the purse count for fees. bearer to the lord chancellor, for the time being, and their successors in the said several offices, and each and every of them, and their several and respective deputies, clerks, or agents, to have, receive, and take all and every the fees and emoluments which have been accustomed to be paid, and which are of right to be paid and payable and received by them respectively by virtue of their said several offices or appointments, or any of them, for the use and on the account of the lord chancellor, lord keeper or lords commissioners of the great seal, for the time being, which shall hereafter accrue due and become payable, or which shall have accrued due and become payable since the eleventh day of January one thousand eight hundred and thirty-two, for the business done by No. VI. 2 & 3 W. 4, c. 122. Investment of money paid in to the account of f.es. them respectively in their said offices; and that such fees and emoluments as have accrued and been received between the said eleventh day of January and the eleventh day of July one thousand eight hundred and thirty-two shall be forthwith accounted for and paid by them respectively into the bank of England in the name of the accountant general of the said court, to an account to be intituled "An account of fees formerly payable to the lord chancellor;" and that such fees and emoluments which have or shall accrue due and payable from and after the eleventh day of July one thousand eight hundred and thirty-two shall in like manner be accounted for and paid as aforesaid once in every three months; and that such fees shall on each payment be verified by the oath of the accounting party; and such payment into the bank to the said last-mentioned account shall be certified by the accountant general of the said court to the lord chancellor, or in such other manner as he shall by any order of the said court direct. VII. That it shall and may be lawful for the lord chancellor, by any order or orders of the said court for that purpose, from time to time to order and direct that the money so paid in to the said account of fees formerly payable to the lord chancellor be from time to time invested in the purchase of parliamentary or government securities, to be placed to the account intituled "Account of securities purchased with surplus interest arising from securities carried to an account of monies placed out for the benefit and better security of the suitors of the high court of chancery." Annuities to be VIII. And whereas certain salaries, perquisites, and allowances have henceforth pay- been heretofore payable by his Majesty's letters patent to the lord high able to certain chancellor, and charged upon the office of the keeper or clerk of his officers of chan- Majesty's hanaper in chancery, and the said keeper or clerk of the cery in lieu of hanaper has been accustomed to collect and receive certain fees for the fees. use of the lord chancellor for the time being, but which salaries, perquisites, allowances, and fees it is desirable should cease to be payable to the said lord chancellor from the fifth day of January last; And whereas by the provisions of a certain act of parliament passed in the 2 W. 4. c. 56. second year of the reign of his present Majesty, intituled An Act to establish a court in Bankruptcy, it is enacted, that certain compensations shall be made to the clerk of the hanaper and other officers of the lord chancellor and of the high court of chancery, for the loss of fees under the operation of the said act, and that it shall be lawful for the lords commissioners of his Majesty's treasury to ascertain the amount of the lawful fees and emoluments of the said officers, and to award an annuity or annuities of such an amount and for such term as the lords of the treasury shall find to be a fair and reasonable compensation for the loss to be sustained by all or any of the officers aforesaid by the abolition of of the said fees; and that such annuity or annuities shall be paid out of the fund mentioned in the said act, to be entitled "The secretary of bankrupts compensation account:" And whereas the said keeper or clerk of his Majesty's hanaper, the six clerk comptroller of the hanaper, the sealer, the officer called the chaff wax, and the examiner of the letters patent, have sustained a loss by the abolition of the said fees, and such officers have heretofore received and retained their fees out of the public monies heretofore passing through their hands of the said keeper or clerk of the hanaper; be it enacted, that from and out of the public monies passing through the hands of the said keeper or clerk of his Majesty's hanaper, in chancery, and from and out of the same fund as the said allowances to the said lord chancellor have heretofore been paid to the said lord chancellor for the time being, there shall be paid by the said keeper or clerk of his Majesty's hanaper in every year, into the bank of England, to the credit of the accountant general of the high court of chancery, to the account to be entitled "The Secretary of Bankrupts Compensation Account," such a sum of money as shall be equal to the annuities or annuity which the said lords of the treasury shall find to be from time to time payable to the said keeper or clerk of the hanaper, the six clerk comptroller of the hanaper, the sealer, the chaff wax, and the examiner of No. VI. c. 122. the letters patent, during such time as the said lords of the treasury shall find that such annuities or annuity ought to be paid to the said several 3 & 4 W. 4, officers respectively; provided that such sum so to be paid to the said accountant general for the purposes aforesaid shall be certified annually by the said lords of the treasury, and shall in no one year exceed the amount which in any such year but for this act would have been payable to the lord chancellor for the time being, for the salaries, perquisites, allowances, and fees aforesaid. IX. That the said payments to be made by the said keeper or clerk of Such annuities the hanaper to the said accountant general, for the purposes aforesaid, to be payable and all and every annuities and annuity payable out of the said account half yearly. to be entitled "The Secretary of Bankrupts Compensation Account," shall respectively commence and become due from the eleventh day of January last, and shall be paid and payable by equal half-yearly payments; and that if any or either of the officers or persons to whom the said annuities or either of them shall be due or payable for the time being shall resign or die, such officer or person so resigning, and the executor or administrator of such officer or person so dying, shall be entitled to receive and shall be paid such proportionable part of their respective annuities as shall have accrued during the time that such person or person shall have executed such respective office since the last halfyearly payment, and that the person or persons succeeding to any such office or offices shall be entitled to receive such proportionate part of their said respective annuities as shall accrue from the death or resignation of the person or persons so dying or resigning X. That the receipt and receipts of the said accountant general shall Receipts of acbe a good and sufficient acquittance and discharge to the keeper or clerk countant geneof his Majesty's hanaper in chancery for the time being, for the payment ral to be a suffi of the sums aforesaid, and shall be taken, acknowledged, and received cient discharge. assuch by the commissioners for auditing public accounts. XI. That the salaries, perquisites, allowances, and fees heretofore Perquisites payable as aforesaid by the said keeper or clerk of the hanaper to the heretofore reford chancellor shall, with such deductions as have been heretofore ceived by lord made therefrom, cease to be payable to the lord chancellor as from the chancellor from fifth day of January one thousand eight hundred and thirty-two, and clerk of hanathat the same from and after that day shall be paid to or retained by the per to cease. said keeper or clerk of the hanaper for the time being, and shall be appropriated in the same manner as all public monies received in the said office in discharge of the various claims thereupon, the said keeper or clerk debiting himself in his public accounts with the receipt of the said fees. 1,1991. 5s. 6d. paid to the lord chancellor as a portion of his salary, to be XII. And whereas there has been paid to the lord chancellor, at the exchequer, on account of the salary usually payable out of the civil list revenue, the sum of one thousand one hundred and ninety-nine pounds five shillings and sixpence, being the proportion of the same due from the eleventh day of January to the fifth day of April one thousand repaid, and eight hundred and thirty-two: And whereas the salary hereby granted form part of the is directed to commence and be payable from the eleventh day of Ja- consolidated nuary one thousand eight hundred and thirty-two, and it is therefore fund. expedient that the said sum so received as aforesaid should be repaid; be it therefore enacted, That the said sum of one thousand one hundred and ninety-nine pounds five shillings and sixpence shall be repaid by the lord chancellor into the exchequer, and shall be carried to and made part of the consolidated fund of the united kingdom of Great Britain and Ireland. XIII. And whereas there are charged upon and made payable by the Charges forlord chancellor for the time being certain duties of land tax, and other- merly payable wise, in respect of his said office, and it is intended that the salary for land tax, hereby provided for the said lord chancellor shall be free of all charge; be it enacted, That all taxes, rates, and charges heretofore payable by the lord chancellor for the time being in respect of his said office, for land tax, or otherwise howsoever, shall cease to be payable from the fifth day of January now last. &c. on the office of lord chancellor to cease from 5th Jan. last. No. VI. 3 & 4 W. 4, c. 82. XIV. That out of the interest arising from monies placed out for the benefit and better security of the suitors of the high court of chancery, and interest arising from securities purchased with surplus interest arising from securities carried to an account of monies placed out for the Payment of benefit and better security of the suitors of the high court of chancery, costs of this act, the costs and charges incurred in procuring and passing this act, and and of proceed- of all proceedings had or to be had in pursuance thereof, or under the ings under same, shall be paid by the governor and company of the bank of England, by virtue of an order or orders of the high court of chancery to be made for that purpose, but subject and without prejudice to the payment of all salaries and other sums of money which by the several acts herein-before mentioned or referred to, or any other act heretofore made, are directed and authorized to be paid thereout. same. Powers given in this act to lord chancellor may be used by his successors. c. 111. XV. That the powers and authorities given in this act to the lord high chancellor shall and may be exercised in like manner and are hereby given to the lord chancellor, lord keeper or lords commissioners for the custody of the great seal respectively, for the time being. [No. VII.] 3 & 4 W. 4. c. 84.-An Act to provide for the 2 & 3 W. 4. WHEREAS by an act passed in the second and third years of the After death, &c. of present clerk of custodies of idiots and lu natics, the du natics." (1) See 5 and 6 W. 4, c. 47, post. |