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No. VII. 3 & 4 W.

c. 84.

persons by whom he shall be appointed; and all the acts to be done by
the said secretary of lunatics in performance of the said duties of clerk
of the custodies of idiots and lunatics shall in all respects have the same
force and effect as if the same had been performed by the said clerk of
the custodies or his deputy: Provided always, That it shall be lawful for Proviso.
the person or persons intrusted as aforesaid to make such rules and
regulations in regard to the duties of such secretary, including such
duties as he shall perform by virtue of this act, and to alter or vary the
same, as he or they shall think fit.

bearer.

4,

II. That the said lord chancellor, lord keeper, or lords commissioners The duties of for the time being shall have as heretofore an officer called "The Purse- chaff wax and bearer to the Lord Chancellor," and a certain other secretary, called sealer, as va"The Secretary of Presentations ;" and that from and after the time and cancies occur, times when and as the offices before mentioned of chaff wax and sealer, shall reand each of them, shall respectively become vacant by the death, resig- spectively, be nation, or removal of the present respective holders thereof, all and performed by the purseevery the duties of such several offices shall be performed by the said purse-bearer for the time being; and that when and as the offices of clerk of the presentations and of clerk of dispensations and faculties, and each of them, shall respectively become vacant by the death, resignation, or removal of the present respective holders thereof, all and Duties of clerk every the duties of such several offices shall be performed by the secre- of presentations tary of presentations for the time being; and that all acts to be done by and clerk of the said purse-bearer in performance of the duties of chaff wax and dispensations sealer shall in all respects have the same force and effect as if the same and faculties, as had been done by the said officers called chaff wax and sealer; and that vacancies occur shall respecall acts to be done by the said secretary of presentations in performance tively be perof the said duties of clerk of the presentations and clerk of dispensa- formed by setions and faculties shall in all respects have the same force and effect as if the same had been done by the clerk of the presentations and the clerk sentations. of dispensations and faculties.

cretary of pre

as vacancies

occur.

III. That it shall and may be lawful for his Majesty, his heirs and Clerk of the successors, from time to time under their royal sign manual to nomi- crown in channate and appoint fit persons to fill the said several other before-men- cery, and clerk tioned offices of clerk of the crown in chancery and clerk of the patents, of the patents to be appointed as vacancies may from time to time occur therein; and that such per- by the crown sons so to be nominated and appointed shall hold their respective offices during good behaviour, notwithstanding the demise of his Majesty or any of his heirs or successors, any thing in the said recited act to the contrary notwithstanding. IV. That from and after the said twentieth day of August one thou- Apportionment sand eight hundred and thirty-three as to the said office of clerk of the of salaries. letters patent, and from and after the death, resignation, or removal respectively of the several holders of the said other offices, there shall be paid to the clerk of the crown in chancery the yearly salary of eight hundred pounds; to the clerk of the patents the yearly salary of four hundred pounds; to the secretary of lunatics, for expences attending the office of clerk of the custodies of idiots and lunatics, the yearly sum of two hundred pounds; to the purse-bearer the yearly sum of fifty pounds for the expences of the office of chaff wax, and for the expences of the office of sealer the like yearly sum of fifty pounds; and to the secretary of presentations, for the expences of the office of clerk of the presentations, the yearly sum of fifty pounds, and for the expences of the office of clerk of dispensations and faculties the like yearly sum of fifty pounds.

V. That from and after the time when the office of the keeper or clerk Regulations of of the hanaper shall become vacant by the death, resignation, or re- office and salamoval of the present holder thereof, all and every the duties of the said ry of clerk of office of keeper or clerk of the hanaper shall be performed by the clerk the hanaper. of the crown in chancery, to be appointed by virtue of this act; and all acts to be done by the said clerk of the crown in performance of such last-mentioned duties shall in all respects be of the same force and effect

No. VII.

3 & 4 W. 4,

c. 84.

Salaries to be in full satisfaction of duties.

Fees to be ac

counted for and paid into his Majesty's exchequer, and made part consolidated fund.

of

In what manner the salaries of officers are to be paid.

Re-appoint

ment of clerk

as if the same had been done by the said keeper or clerk of the hanaper; and that there shall be paid to the said clerk of the crown for the said duties of keeper or clerk of the hanaper the yearly salary of two hundred pounds: Provided always, That if the said office of the now keeper or clerk of the hanaper shall become vacant before any vacancy shall occur in the office of the now clerk of the crown, that then and in such case only the duties of the said office of keeper or clerk of the hanaper shall be performed by the deputy of the now clerk of the crown, until a vacancy shall occur in the office of the said now clerk of the crown, in the same manner as if such deputy were clerk of the crown appointed by virtue of this act, and that there shall be paid to such deputy for the said duties of keeper or clerk of the hanaper the aforesaid yearly salary of two hundred pounds.

VI. That the said several salaries shall be taken in full satisfaction for the duties of the said offices respectively, and of all expences incident to the performance thereof.

VII. That it shall and may be lawful for the several persons who by virtue of this act shall hereafter hold or perform the duties of the said several offices of keeper or clerk of the hanaper, clerk of the crown in chancery, clerk of the patents, clerk of the custodies of lunatics and idiots, chaff wax, sealer, clerk of the presentations, and clerk of dispensations and faculties, to have, receive, and take all and every the fees and emoluments which have been accustomed to be paid and which of right ought to be paid to the said several officers respectively, or to any deputy or clerk of such several officers, in respect of the said several offices, as the same would have been payable if this act and the said recited act had not been passed; and that such fees and emoluments shall be accounted for once in every three months, commencing in the first instance from the date of such appointments respectively, and shall be paid by the said officers respectively into the receipt of his Majesty's exchequer, and be carried to and made part of the consolidated fund of the united kingdom of Great Britain and Ireland; and the account of the party so paying such fees shall be verified by his oath, which oath any one of the masters in ordinary of the high court of chancery is hereby required and authorized to administer.

VIII. That the said several salaries or sums herein-before directed to be paid shall be issued and payable out of and be charged and chargeable upon the consolidated fund of the united kingdom of Great Britain and Ireland, after paying or reserving sufficient to pay all such sum or sums of money as have been directed under any former act or acts to be paid out of the same fund; and the said salaries or sums shall from time to time be paid and payable quarterly, free and clear of and over and above all fees, rates, taxes, and deductions whatsoever, at the four usual days of payment in the year, that is to say, the fifth day of January, the fifth day of April, the fifth day of July, and the tenth day of October in each year, in even and equal portions, the first payment to be made on such of the said days as shall next happen after the appointment or succession to the said offices respectively shall have taken place.

IX. And whereas the office of clerk of inrolments in bankruptcy is by the said recited act also directed to cease as therein specified, but power of inrolments in to re-appoint to the said office is given by the act next herein mentioned; bankruptcy be it enacted, That the said office shall and may continue and be in agreeably to act force, and that fit and proper persons may be from time to time ap2 & 3 W. 4,

c. 114.

pointed to the same, with all the powers, authorities, and duties, fees, rights, and privileges, given to or imposed upon the said office by an act passed in the second and third years of the reign of his present Majesty, intituled An Act to amend the Laws relating to Bankrupts, any thing in the said first-recited act to the contrary thereof notwithstanding.

[No. VIII.] 3 & 4 W. IV. c. 94.-An Act for the Regulation of the Proceedings and Practice of certain Offices of the High Court of Chancery in England.

[28th August 1833.]

WHEREAS by an act passed in the second and third years of the 2 & 3 W. 4, reign of his present Majesty, intituled An Act to abolish certain c. 111. Sinecure Offices connected with the Court of Chancery, and to make Provision for the Lord High Chancellor on his Retirement from Office, it was enacted, that the offices of the patentee of the subpoena office and the registrar of affidavits, amongst others, should cease from and after the twentieth day of August one thousand eight hundred and thirty-three, except as to any person appointed to any such office on or before the first day of June then last: And whereas the patentee of the subpoena office was appointed before that date: And whereas it is necessary that provision should be made for the due performance of the duties to such offices belonging; and it is expedient that other offices connected with the said court should be regulated, and that others should be abolished, and that such of the duties performed in the offices so to be abolished as are necessary to be continued should be transferred to other offices; and that the costs and expences of proceedings in the said court should be diminished, and that increased facilities should be afforded for the dispatch of business therein: Therefore be it enacted, &c., That the office Offices aboof master of the report office, and the offices of entering clerks or enter- lished. ing registrars of the said court, and of clerk of the exceptions, and agent to the senior deputy registrar of the same court, as the same have been heretofore held, shall be and the same are hereby abolished.

II. And whereas it is expedient that the sub or deputy registrars of Six registrars the said court should be constituted registrars of the said court, and appointed. that the fees and emoluments to be received by the said registrars and by the clerks in the office of the said registrars should be regulated, and that the business of the suitors of the court in the office of the registrars should be facilited and expedited: therefore be it enacted, That hereafter there shall be six registrars of the said court; and that Francis Benjamin Bedwell, James Christmas Fry, Edward Dodd Colville, and Joseph Collis, Esquires, the present four sub or deputy registrars, and John Francis Le Cointe and Robert Onebye Walker, Esquires, the two present entering clerks, shall be such six registrars; and that on the death, resignation, or removal of any of the six registrars of the said Filling up of court, other than the junior registrar, the vacancy thereby occasioned vacancies. shall be filled up by the registrar next in seniority, to whom no sufficient objection to the satisfaction of the lord chancellor shall be made; and that on the death, resignation, promotion, or removal of the junior registrar, the vacancy thereby occasioned shall be filled up by the senior clerk in the said office for the time being, to whom no sufficient objection to the satisfaction of the lord chancellor shall be made; and that each of such persons so appointed to be registrars, and all and every person and persons hereafter to be appointed to be such registrars, shall be and are hereby authorized and empowered and required personally to do and perform all such matters and things necessary and proper in the due execution of their said offices as belong or appertain thereto, and as have been heretofore done and performed by the sub or deputy registrars of the said court, excepting so far as the same are or shall be altered or varied by this act, or by any rules or orders to be made or issued by the lord chancellor for the time being relative thereto.

III. That the registrars shall attend the court of the lord chancellor, Registrars to the court of the master of the rolls, and the court of the vice chancellor, attend each in such order and manner as shall be found most expedient for fur- judge of the thering the business of the court, and as the lord chancellor, with the court as the concurrence of the master of the rolls and the vice chancellor, or one of lord chancellor, &c. shall them, shall from time to time by any general order direct; and that in direct;

T T

No. VIII.

3 & 4 W. 4,

puty.

c. 94.

case of illness it shall be lawful for any of such registrars, from time to time as occasion may require, to appoint a deputy, such deputy and also the occasion for such appointment to be first approved by the judge on whom it shall be the duty of such registrar to attend, upon a petition In case of ill- to be verified by affidavit, for such time and under such general reguness, they may lations as the lord chancellor, together with the master of the rolls and appoint a device chancellor, or one of them, shall direct; and no such appointment of a deputy shall continue for any longer time than shall be allowed and specified in and by the order which shall be made by the judge to whom such petition shall have been presented; provided that in case any registrar of the said court who shall be prevented by illness from giving his personal attendance shall omit for the space of two days to appoint such deputy the judge on whom it shall be the duty of such registrar to attend shall, if he shall see fit, himself appoint such deputy, and direct what part of the salary and fees of such registrar shall be received by such deputy, and the same shall be paid over to and received by him accordingly.

Clerks to the

registrars appointed.

Mode of future

IV. That there shall be six clerks to the registrars of the said court; and that Henry Edgeworth Bicknell, James Montresor Standen, Henry Hussey, Francis Robert Bedwell, Cecil Munro, and Edward Dodd Colville junior shall be such clerks; and that on the death, resignation, promotion, or removal of any of them the said clerks, other than the junior clerk, the vacancy thereby occasioned shall be filled up by the clerk next in seniority, to whom no sufficient objection to the satisfaction of the lord chancellor shall be made.

V. That on all future vacancies of the office of sixth clerk to the said appointment of registrars, other than in the cases provided for of the assistant clerks, the sixth clerk. lord chancellor for the time being shall appoint some proper person who has been admitted and entered on the roll of solicitors or attornies of some one of his Majesty's courts in Westminster Hall, or who shall have duly served a term of not less than five years under articles of clerkship to some solicitor or attorney of some one of the said courts, to be such sixth clerk to the said registrars, and that the several clerks to the said registrars so appointed and to be appointed shall and they are hereby required personally to perform all such matters and things as are necessary and proper in the due execution of the business of the said office of the registrars, and as have heen hitherto done and performed by the clerks of the sub or deputy registrars of the said court, excepting so far as the same are or shall be varied by this act, or by any rules or orders to be made or issued by the lord chancellor for the time being relative thereto.

Assistant clerks to registrars.

Lord chancellor may increase number of clerks in register office to eight.

Master of reports and

entries appointed.

VI. That Robert Walker Fry and Richard Howell Leach shall act as assistant clerks to the before-named registrars, and that the said Robert Walker Fry and Richard Howell Leach, each in his turn, shall succeed to the office of junior clerk of the said registrars as and when vacancies shall occur, unless cause shall be shown to the contrary to the satisfaction of the lord chancellor; but no clerk shall be appointed to supply the place of the said Robert Walker Fry and Richard Howell Leach, or either of them.

VII. That if it shall hereafter appear to the lord chancellor that the business of the said registrar's office cannot be discharged with due dispatch without more than six clerks, then and in such case it shall be lawful for the lord chancellor from time to time to appoint one or more additional clerk or clerks, so that the number of clerks in the said office shall in no case exceed the number of eight clerks; and such additional clerk or clerks shall succeed to and fill any vacancy when and as the same may occur by any death, resignation, promotion, or removal of any other clerk, in the same manner as the right of succession is given to the said before-named clerks and assistant clerks.

VIII. That there shall be an officer to be called "The Master of Reports and Entries," to which office the said several registrars and the six senior clerks to the said registrars shall in the event of a vacancy in the said office, according to their seniority, be entitled to succeed; but

any such registrar or clerk so taking such office shall vacate his office of registrar or clerk, and shall not thereafter be entitled to fill either of such offices, or to succeed any other registrar or clerk; and in the event of the said registrars and senior clerks declining to accept such office upon any vacancy, the same shall be filled by the nomination from time to time of the lord chancellor; and the duties heretofore performed by the master of the report office, by the entering registrars or entering clerks, and by the clerk of the exceptions of the said court, so far as it shall be found necessary or expedient to continue such duties, shall be performed by the said master of reports and entries in such manner and under such rules and regulations as the lord chancellor, together with the master of the rolls and vice chancellor, or one of them, shall, by any general rules or orders to be issued by them, direct or appoint; and the said master of reports and entries shall receive and account for, in manner hereinafter mentioned, all the fees heretofore receivable by the said master of the report office, the entering clerks or entering registrars, and the said clerk of the exceptions.

No. VIII.

3 & 4 W. 4, c. 94.

IX. That there shall be in the office of the said master of reports and Clerks in the entries, and subject to his direction, a clerk, to be called the clerk of office of the reports; two clerks, to be called clerks of entries; and ten clerks of ac- master of recounts; that John Henry Standen, now acting as agent to the master of ports and the report office, shall be such clerk of reports; that John Reid and entries. Edward Reid, now acting as clerks to the entering registrars, shall be such clerks of entries; and that William Lampert, Jonathan Williams White, Edward Johnson, John Reid, Thomas Augustus Gale, Godfrey Marsden, Henry Frederick White, John Crump Routledge, and Charles Routledge, now acting as clerks of accounts in the said office, shall be continued in the said offices, and that one other such clerk shall be appointed by the lord chancellor; and that on the death, resignation, promotion, or removal of any of the said clerks of accounts in the said office, or their successors, other than the junior clerk, the vacancy thereby occasioned shall be filled up by the clerk next in seniority, against whom no objection to the satisfaction of the lord chancellor shall be made; and that in the event of a vacancy happening by the death, resignation, promotion, or removal of the junior clerk, the lord chancellor shall from time to time appoint some proper person to be such junior clerk; and the said lord chancellor shall also appoint a successor in the event of a vacancy of the clerk of reports and of either clerk of

entries.

X. That any person shall be at liberty to take an office copy of so As to copies of much only of any decree, order, report, or exceptions as he may require; decrees, &c. and that, unless the court shall otherwise specially direct, no recitals No recitals to shall be introduced in any decree or order of the said court, but the be introduced in pleadings, petition, notice, report, evidence, affidavits, exhibits, or other decrees and matters or documents on which such decrees and orders shall be founded orders. shall merely be referred to; and it shall be lawful for the lord chancellor, if he shall think fit, together with the master of the rolls and vice chancellor, or one of them, to make and issue such rules and regulations as to the form of such decrees and orders as he may deem necessary or proper for the proper drawing up of such decrees and orders, and carrying into effect the provisions of this act in regard thereto.

XI. That there shall be an officer, to be called the clerk of the affida- Clerk of affidavits, who shall do and perform all the duties heretofore done and per- vits. formed by the registrar of affidavits, and shall receive and account for,

in manner herein-after mentioned, all such fees as were heretofore receivable by the said registrar of affidavits; and that there shall be an

assistant clerk to the said clerk of the affidavits; and that such clerk of Assistant clerk. the affidavits and assistant clerk shall be from time to time appointed by

the lord chancellor.

XII. That from and after the death, resignation, or removal from his Patentee of office of the present patentee of the subpoena office, all the duties of such subpoena office. office shall be performed by the said clerk of the affidavits, who shall

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