c. 94. ordinary of the high court of chancery, out of the interest and dividends No. VIII of the government or parliamentary securities herein-before and next 3 & 4 W. 4, herein-after mentioned; and by an act passed in the forty-sixth year of the reign of his late Majesty king George the third the annual sum of four hundred pounds was directed to be paid to each of the said eleven masters in ordinary, out of the interest and dividends of the same securities, in addition to their respective salaries; be it further enacted, 2,500l. to be That so much of the said act as directs the payment of the said several paid annually sums of two hundred pounds and four hundred pounds to each and to the masters every of the said masters, other than the accountant general, shall be in ordinary, exand the same is hereby repealed; and that out of the interest and divi- clusive of the dends of the said government or parliamentary securities carried or to accountant be carried to the said account entitled "Account of Monies placed out general. for the Benefit and better Security of the Suitors of the High Court of Chancery," and out of the interest and dividends of the government or parliamentary securities carried to the said account entitled "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," in the said recited acts passed in the fifth and forty-sixth years of the reign of his late Majesty king George the third respectively mentioned, and out of the interest and dividends of any government or parliamentary securities hereafter to be purchased and placed to the last-mentioned accounts, there shall be paid (but subject to and without prejudice to the payment of all salaries and other sums of money by any act or acts of parliament not hereby repealed directed or authorized to be paid thereout) by the governor and company of the bank of England, by virtue of an order or orders of the high court of chancery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, without any draft from the accountant general of the said court, the annual sum of two thousand five hundred pounds to each and every of the masters in ordinary of the said court for the time being, exclusive of the accountant general, free from all parliamentary taxes and deductions whatsoever, which said annual sum of two thousand five hundred pounds to each of the said masters, exclusive as aforesaid, shall commence from the twenty-fifth day of November next, and shall be paid by equal quarterly payments on the twenty-fifth day of February, the twenty-fifth day of May, the twenty-fifth day of August, and the twenty-fifth day of November in every year. XL. That it shall be lawful for the copying or writing clerks of the 14d. per folio to said masters to receive and take the sum of one penny halfpenny per be paid to copyfolio of ninety words, and no more, for every copy of every document ing clerks in the or writing, or a part of any document or writing, made in the masters masters' offices. offices, from the party requiring the same, and also for the transcript of every report; and that such sum of one penny halfpenny per folio shall be retained by the said writing or copying clerks to be employed by the said masters in their respective offices, and that no part thereof shall be received or retained by or applied for the use or benefit of any other person or persons on any pretence whatsoever. XLI. That if any master in ordinary of the high court of chancery, or Officers and any person holding any office, situation, or employment in any office of clerks not to the said court, or under any of the judges or officers thereof, shall, for take gratuities. any thing done or pretended to be done relating to his office, situation, or employment, or under colour of doing any thing relating to his office situation, or employment, wilfully take, demand, receive, or accept, or appoint or allow any person whatsoever to take for him or on his account, or for or on account of any person by him named, or in trust for him or for any other person by him named, any fee, gift, gratuity, or emolument, or any thing of value, other than what is allowed or directed to be taken by him as aforesaid, the person so offending, when duly convicted, shall forfeit and pay the sum of five hundred pounds, and Penalty on conshall be removed from any office, situation, or employment he may hold viction of in the said court, and shall be rendered and is hereby rendered incapa- offender. No. VIII. 3 & 4 W. 4, c. 94. cuted. Lord chancel lor may order expences of the offices to be paid. ble for ever thereafter of holding any office, situation, or employment in the said court, or otherwise serving his Majesty, his heirs or suc cessors. XLII. That any such offender may be prosecuted either by informaHow offenders tion at the suit of his Majesty's attorney general, or by criminal informmay be prose- ation before his Majesty's court of king bench, or by indictment. XLIII. That it shall be lawful for the lord chancellor, by virtue of any order or orders of the said court to be made for that purpose, to order and direct an annual account to be taken, and to order payment, out of the funds herein-after mentioned, of all such sums as shall appear to the lord chancellor to be reasonable and proper to be paid to the masters, the registrars, the master of reports and entries, the clerk of affidavits, and the examiners, and the clerks in the same several offices respectively in order to reimburse them for any expences reasonably and necessarily expended by them from and after the day on which this act shall come into operation until the fifth day of April then next following, and after that time between the sixth day of April in every year and the fifth day of April in the following year, both inclusive, for the care or cleaning of the rooms or buildings in which any such offices may be held, or for any rent payable for or in respect of any such buildings or rooms, in paying for books or stationery provided or supplied for carrying on the business of the said respective offices, other than the paper used for making copies for parties in the said several offices of the masters, the master of reports and entries, the clerk of affidavits, and the examiners, or in providing coals and candles and other necessary articles for the said offices and each of them, or in payment of taxes, rates, and other assessments charged upon or payable for or in respect of the said offices and buildings, and each or either or any of them, or to which the said several officers or any of them may be liable in respect thereof; and that the expences aforesaid of or relating to the said several offices and buildings shall be paid out of the interest and dividends of the government or parliamentary securities carried to the said two several accounts entitled "Account of Monies placed out for the benefit and better Security of the Suitors of the high Court of Chancery," and "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," or either of them. Lord chancellor, &c. may diminish fees. Power to invest XLIV. That it shall and may be lawful for the lord chancellor, with the advice and concurrence of the master of the rolls and the vice chancellor, or one of them, from time to time, by any general order or orders, to direct that the several fees hereby authorized to be received and taken, or any of them, may be varied and increased or reduced in amount, or wholly omitted to be received, as to them shall seem fit, and as circumstances may require, provided that sufficient of such fees shall be left to meet the demands hereby directed to be paid thereout. XLV. That the surplus interest and annual produce which hath arisen surplus interest and shall arise from the monies placed out on the several accounts enof suitors fund. titled "Account of Monies placed out for the Benefit and better Security of the suitors of the High Court of Chancery," and "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," beyond what shall be sufficient to answer the purposes of this and the several other acts relating to such securities, and also the interest produced from the securities purchased with such surplus interest and annual produce, shall from time to time be placed out in the purchase of government or parliamentary securities, in the name of the accountant-general of the said court, and placed to the credit of the said account entitled "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." c. 94. XLVI. That if at any time hereafter the whole or any part of the No. VIII. monies placed out to the said two several accounts intituled "Account 3 & 4 W. 4, of Monies placed out for the Benefit and better Security of the Suitors of the High Court of Chancery," and "Account of Securities purchased with surplus interest arising from Securities carried to an Account of Money placed Monies placed out for the Benefit and better Security of the Suitors of out, if required the High Court of Chancery," or to be placed out in pursuance of this to answer deact, shall be wanted to answer any of the demands of the suitors of the mands of said court of chancery, then and in such case the said court may and suitors, to be shall direct the whole or any part of such monies to be called in, and the securities in which the same and the surplus interest and dividends herein-before mentioned shall be placed, to be sold and 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. called in. XLVII. That it shall be lawful for the lord chancellor, by any order Power to or orders of the said court of chancery, to authorize the change of the se- change securicurity or securities, or of any part of the securities, to be purchased ties. pursuant to this act. under certain conditions. XLVIII. And whereas it is alleged that the emoluments of the pre- Lords of the sent masters in ordinary, and of the registrars and the clerks of the said treasury may registrars, and of the clerks to the entering registrars, and of the exa- grant compenminers and their clerks, will be greatly diminished by the operation of sation to perthis act, for which they claim to have compensation made: And sons herein whereas the office of master of the report office, now held by Thomas mentioned Alexander Raynsford esquire, and the office of clerk of exceptions, and of agent to the senior deputy registrar, now held by Mr. James Bird, will be abolished by this act: And whereas the office of registrar of affidavits will have ceased and determined from and after the twentieth day of August one thousand eight hundred and thirty-three, and a clerk of affidavits, with greatly reduced emoluments, is to be substituted for the said registrar by virtue of this act; and instead of two assistant clerks in the said office there is hereafter to be only one such clerk: And whereas William Nicholson, the present senior clerk in the said office, has been employed as a clerk therein for forty-two years past, and by infirm health is become incapable of effectually discharging the duties of the office of clerk of affidavits; and the said Thomas Alexander Raynsford, James Bird, and William Nicolson claim compensation in respect of their said several offices so held by them; be it therefore enacted, That it shall be lawful for the lords commissioners of his Majesty's treasury for the time being, or any three or more of them, and they are hereby required, within the space of six calendar months next after the passing of this act, by examination on oath or otherwise, which oath they and each of them are and is hereby authorized to administer, to inquire whether any, and if any what, compensation ought to be made to all or any of the said officers and persons herein-before mentioned as claiming such compensation, the said commissioners having regard to the conditions on which the appointment of any such officer was made, or to any notice which at the time of such appointment may have been given to such officer, that such office was to be holden subject to any provision by parliament for the abolition or regulation thereof, but with full power for the said commissioners to investigate and determine whether, from the nature of the said offices or the mode of accession thereto, any such conditions or notice could have been properly made or given, and also having regard to the holding of any office, place, or situation by such officer under this act; and that in all cases in which it shall appear to the said lords commissioners that compensation ought to be granted, it shall be lawful for the said lords commissioners, or any three or more of them, by warrant under their hands, to order and direct that such annual or other compensation shall be made to the persons so claiming such compensation as aforesaid, or any of them, as to the said lords commissioners in their discretion shall seem just and reasonable; and all such compensations, No. VIII. 3 & 4 W. 4, c. 94. whether annual or in gross, shall be issued and paid and payable by the said accountant-general, by virtue of an order or orders for that purpose to be made by the said court of chancery, out of the funds hereby directed to be carried to the said account entitled "The Suitors Fee Fund Account:" Provided always, That an account of all such compensations shall, within fourteen days next after the same shall be so granted, be laid upon the table of the house of commons, if parliament shall be then assembled, or if parliament shall not be then assembled, then within fourteen days after the meeting of parliament then next following. Treasury may XLIX. And whereas it may be expedient for the further diminishing grant compen- of the expence of suits in the said court of chancery that other alterasation to secre- tions may be made in the practice of the said court by abolishing orders tary of the mas- of course and otherwise, and such alterations may materially diminish ter of the rolls. the present emoluments of the secretary of the master of the rolls; be it Masters in chancery appointed after the passing of this act not to be' entitled to annuity for length of service. to master to contain the enacted, That it shall be lawful for the lords commissioners of his Majesty's treasury to inquire whether any, and if any what, compensation ought to be made to the said secretary for any such loss of emoluments, regard being had to the nature of his office, and to the circumstances under which such emoluments are payable and have lately increased; and if it shall appear to the said lords commissioners that compensation ought to be granted, it shall be lawful for the said lords commissioners, or any three or more of them, by warrant under their hands, to order and direct that such annual or other compensation shall be made to the present secretary, or to the secretary of the master of the rolls for the time being, as to the said lords commissioners in their discretion shall seem just and reasonable; and such compensation, whether annual or in gross, shall be issued and paid in like manner and out of the like fund as is herein-before provided with reference to compensations to be granted to other officers of the said court; and an account of any such grant of compensation shall be laid before parliament in the same manner as is provided as to other compensations. L. And whereas by an act passed in the forty-sixth year of the reign of his late Majesty king George the third, intituled An Act for making Provision for such Masters in Ordinary of the High Court of Chancery as from Age or Infirmity shall be desirous of resigning their offices, with the Approbation of the said Court, and for augmenting the Income of the Masters in Ordinary of the said Court, it is provided, amongst other things, that it shall be competent to the lord chancellor to order an annuity or clear yearly sum of money, not exceeding one thousand five hundred pounds, to be paid to any of the eleven masters in ordinary of the high court of chancery who shall have been a master in ordinary of the said court for the term of twenty years, or who shall be afflicted with some permanent infirmity disabling him from the due execution of his office, and who shall be desirous of resigning the same: And whereas it is expedient that allowance should not be made to any of such masters hereafter to be appointed in respect of length of service, but only in case of permanent infirmity and disability; be it therefore enacted, That no master in ordinary of the high court of chancery to be appointed after the passing of this act shall receive or be entitled to receive any annuity or allowance whatsoever in respect only of length of service, any thing in the said last-recited act to the contrary notwithstanding. Order for payLI. That in case any order shall hereafter be made by the lord chanment of annuity cellor for the payment to any such master hereafter to be appointed of any annuity or yearly sum, in regard that such master may have become afflicted with some permanent infirmity disabling him from the due execause of making cution of his office, then and in such case the said lord chancellor shall in such order state the cause for the making the same, and shall cause a copy of such order to be laid on the table of the house of commons within fourteen days next after the making the same if parliament shall be then assembled, and if parliament shall not be sitting, then within fourteen days next after the assembling thereof. same. Copy of any LII. That in all cases in which the said lord chancellor shall order order for annuity to be laid before house of commons. any annuity to be paid to any officer whatsoever of the court of chancery, by virtue of any authority vested in him for that purpose, the said lord chancellor shall cause a copy of every such order to be laid on the table of the house of commons within the periods herein-before mentioned. No. VIII 3 & 4 W. 4, c. 94. LIII. That this act shall come into operation, as to the office of clerk Commenceof the affidavits, and the duties therein and incident thereto, imme- ment of act. diately after the passing of this act, and as to all other matters herein contained, on the twenty-sixth day of November one thousand eight hundred and thirty-three. Clerk of Affidavits Assistant Clerk to Do. To the Chief Clerk of each of the Masters in Ordinary,} 1,000 other than the Accountant General To the junior Clerk of each of such Masters 150 700 150 150 100 500 150 [No. IX.] 4 & 5 W. IV. c. 68.-An Act to authorize an advance out of the general Fund of Monies belonging to the Suitors of the Courts of Chancery and Exchequer in Ireland, towards the Purchasing of Ground and Building thereon Offices necessary to the Courts of Justice in Dublin. |