No. X. c. 78. and thirty-four, and will be further diminished by the operations of this act, and of the general orders to be made in pursuance thereof, for 4 & 5 W. 4, which the said six clerks and other officers claim to have compensation made: And whereas it is reasonable and just that the six clerks of the said court, being purchasers of and entitled to sell at pleasure their respective offices, should receive for any diminution of annual income, and also for any depreciation of purchase value of their offices, full and adequate compensation; and also that such of the other officers of the said court as the lord high treasurer or the commissioners of his Majesty's treasury as herein-after provided shall think entitled thereto should also receive compensation for lawful fees and emoluments diminished or taken away from the said six clerks and other officers by the operation of the said general orders of the thirty-first day of January one thousand eight hundred and thirty-four, and of this act, and any general order or orders to be made in pursuance thereof; be it therefore enacted, That it shall be lawful for the lord high treasurer or commissioners of his Majesty's treasury for the time being, or any three or more of them, by warrant or warrants under their hands, to order and direct that such compensation shall be made to the said six clerks respectively, and to such other officers who now hold office in or belonging to the said court, and whose lawful fees and emoluments have been or shall be diminished by the operation of the said orders of the thirtyfirst day of January one thousand eight hundred and thirty-four, or by this act, or any general order or orders to be made in pursuance thereof, as to the said lord high treasurer or the said commissioners of his Majesty's treasury in their discretion shall seem just and reasonable; Provided always, that an account or accounts 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; and provided also, that such warrant or warrants for compensation shall not be valid until after the expiration of three weeks from the time the account or accounts of compensation shall be laid before parliament. XXIV. And whereas for the better enabling the lord high treasurer Commissioners or the commissioners of his Majesty's treasury to form a correct judg- to settle ment of the nature and amount of the compensations which it may be amount of comreasonable and proper to make to the officers who shall claim compen- pensation. sation for fees and emoluments taken away or diminished as aforesaid, 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, if he or they shall think fit, to refer all and every the accounts and claims for compensation to the examination and consideration of so many persons to be commissioners for carrying this act into execution and effect as may to him or them appear fit and necessary, and every three or more of the commissioners to be so appointed shall be competent to act in the execution thereof. fees. XXV. That the lord high treasurer and the commissioners of his Majesty' treasury, or any three or more of them, and also the commis- Lords of the sioners or any three or more of them to be appointed under this act, treasury and shall be authorized to inquire and examine as well into all acts, matters, commissioners and things for which any fee or emolument has been received or claimed, to inquire into and the legality thereof, as well as the amount of the fees or emoluments contained in any account to be furnished under this act, and of all disbursements and allowances made in respect of business performed in the offices respectively, and of all charges affecting the same, and to require proof to be made upon oath, either personally or in writing, of any matter, and to examine any such officer or other person upon oath as to any matters into which the lord high treasurer or the said commissioners may think proper or necessary to inquire, which oath may be administered either by the lord high treasurer or the commissioners of his Majesty's treasury, or any three or more of them, or by the com No. X. 4 & 5 W. 4, c. 78. Commissioners of treasury may refer accounts to masters in ordinary. return of the profits of their office. missioners to be appointed under this act, or any three of them, or by a judge or master in ordinany of the said court; and also to cause the production for his or their inspection and examination of all books, papers, and other documents which he or they shall deem requisite for the purposes of this act; and also that it shall be lawful for him or them to consult the lord chancellor or the master of the rolls upon the legality, propriety, and reasonableness of any fees or matters connected therewith; and the lord chancellor or master of the rolls shall and is hereby required to give his advice and opinion thereon, in writing, as early as the same can reasonably be done. XXVI. That it shall be lawful for the lord high treasurer or any three or more of the commissioners of his Majesty's treasury, if he or they shall deem it proper so to do, to refer all or any accounts to be furnished under this act to any one or more of the masters in ordinary of the said court, who shall by all the ways and means herein-before provided inquire into and examine the same, and shall fairly settle and certify in writing to the lord high treasurer or the commissioners of his Majesty's treasury the net and gross amount of the fees and emoluments and the disbursements of every kind to which such accounts relate. Officers claim- XXVII. That every officer of the said court who shall claim compening compensa-sation under this act shall within three calender months next after the tion to make a commencement of this act make or cause to be made out and rendered to the lord high treasurer or the commissioners of his Majesty's treasury, or, if so required, to the commissioners to be appointed under this act, an account in writing of the gross and net emoluments, and also of the disbursements of his office in each of the three years next preceding the first day of November one thousand eight hundred and thirty-three, and also an account of all lawful fees, salary, compensation, emoluments, or allowances of whatever nature as shall have been received during the said three years by the said officer, or for his use, or which upon any account or in any way shall have become due in respect of such office or the duties thereof, and shall also set forth a particular of the several and respective acts, matters, and things in respect of which any fee or emolument shall have been received, charged, or claimed; and also a particular of all allowances and disbursements made thereout, and charges affecting the same, in each of the said three years, with such further particulars of receipt and disbursements as the lord high treasurer or any three or more of the commissioners of his Majesty's treasury or of the commissioners to be appointed under this act shall direct, the said accounts to be verified on oath, to be sworn before one of the masters of the said court, which oath the said master is hereby authorized and required to administer; and the lord high treasurer or the said commissioners as aforesaid shall ascertain by all proper ways and means as aforesaid the gross and net annual value, according to a fair average of the said three years, of the said lawful fees and emoluments, and also the disbursements of such officer as aforesaid. Officers may make an an nual return of the profits of their office. XXVIII. That it shall be lawful for every officer claiming compensaas herein-before mentioned, on the first day of Hilary term one thousand eight hundred and thirty-six, and on every succeeding first day of Hilary term, and for one month thereafter in each year respectively, so long as the said officer shall hold his office, to make or cause to be made out, and render to the lord high treasurer or the commissioners of his Majesty's treasury, an account in writing, to be verified in like manner, of the gross and net emoluments of the said office, and of the disbursements thereof, in such form and with such particulars of receipt and otherwise as the lord high treasurer or the commissioners of his Majesty's treasury, or any three or more of them, shall require; and also an account of all such lawful fees, salary, compensation, emoluments, and allowances, of whatever nature, as shall have been received by the said officer, or for his use, or which upon any account or in any way shall have become due in respect of such office, or the duty thereof, and No. X. c. 78. the several and respective acts, matters, and things in respect of which the same shall have been received or claimed, and a particular of all 4 & 5 W. 4, allowances and disbursements made thereof, and charges affecting the same, in and for the year next preceeding the first day of Hilary term in each succeeding year, as herein-before required; and the lord high treasurer or the said commissioners as aforesaid shall ascertain as they shall think proper the gross and net income of such office, and also the disbursements thereof, for and during the year for which such account shall be rendered, and the amount of compensation to which he or they shall deem such officer entitled for and during the said year. XXIX. That every officer and other person who shall swear falsely to Officers swearany matters respecting which an oath, either personally or in writing, is ing falsely to hereby required or authorized to be made, and shall be convicted of so be guilty of doing wilfully and corruptly, shall be deemed guilty of wilful and cor- perjury. rupt perjury, and shall suffer the pain and penalty of that offence. XXX. That when the said commissioners to be appointed under this Commissioners act shall have ascertained the gross and net value of the fees and emo- to certify value luments of such offices and employments, or any of them, computed as of officers to aforesaid, together with the particulars of the disbursements, allow- lords of the ances, and charges constituting the difference between such gross and treasury. net annual value, they shall from time to time certify the same under their hands to the lord high treasurer or commissioners of his Majesty's treasury for the time being, who shall lay copies of the same, as also of all like certificates made by the lord high treasurer or the commissioners of the treasury under this act, before both houses of parliament. consolidated XXXI. That the several and respective sums as and for compensation If fund not suf which the lord high treasurer or the commissioners of his Majesty's ficient, the retreasury shall, by warrant or warrants as aforesaid, order and direct to mainder to be be paid to any officer of the said court shall be paid and payable to the paid out of the officer or officers named in such warrant or warrants out of the account fund. called "An Account of the Interest and Produce of the Compensation and Fee Fund of the Suitors of the Court of Chancery in Ireland," as far as the same will extend; and in case the said suitors fund shall be inadequate to the payment of the whole amount of compensation to be given under this act, the amount of the compensations beyond what can be satisfied out of the said suitors fund shall be charged upon and paid out of the consolidated fund of the united kingdom, without any fee or deduction whatsoever, to the officer or officers named in the warrant or warrants of the lord high treasurer or the commissioners of his Majesty's treasury as aforesaid. XXXII. That no payment or transfer of any sum or sums of money Payments not to be made under or by virtue of this act, or any of the provisions to be liable to thereof, shall be subject or liable to the payment of usher's poundage; usher's and provided also, that every order to be made for the transfer, invest- poundage. ment, or payment of any money under this act or any of the provisions thereof shall be free of and discharged from the payment of any fee whatsoever to any officer of the said court. to make returns. XXXIII. That in case any officer of the said court entitled to com- If officer dies pensation under this act shall die or resign or be dismissed from his pending inquiry office or employment before the termination of any year, the executors his executors or administrators of the person so dying, or the person himself so resigning or dismissed, shall render such account as aforesaid for such part of the year during which the person so dying or resigning or dismissed shall have held such office or employment, and shall be entitled to claim and receive such sum proportioned to that part of the year during which such person shall have held his said office as the lord high treasurer or any three of the commissioners of his Majesty's treasury for the time being shall deem just and proper. XXXIV. And whereas it is alleged that the purchase value of the Six clerks selloffice of six clerk in the said court will be diminished by the operation ing their office of this act and the general orders to be made in pursuance thereof; be may receive it therefore enacted, That if any six clerk shall after the commencement No. X. 4 & 5 W. 4 c. 78. of this act sell his said office, it shall be lawful for him at any time within six calendar months after such sale to apply to the said lord high treasurer or the commissioners of his Majesty's treasury for compensation for such diminution of value, and in such case it shall and may be compensation lawful for the lord high treasurer, or the commissioners of his Majesty's for the diminu- treasury, or such commissioners as shall be appointed by them under tion of value. this act, to examine into such application and claim by all and every or such means as herein-before provided as he or they shall think proper, and thereupon it shall be lawful for the said lord high treasurer and the commissioners of his Majesty's treasury, or any three of them, to order and direct that such annual or other compensation shall be made to the six clerks claiming the same as he or they in their discretion shall upon full inquiry deem just and reasonable; and all such compensation, whether annual or in gross, shall be charged upon and paid and payable out of the consolidated fund of the united kingdom of Great Britain and Ireland without any fee or deduction whatsoever. Act not to prevent dismissal of officers. XXXV. That nothing herein contained shall be construed to prevent any person now holding any office or employment, or that shall hereafter hold any office or employment in the said court, from being dismissed therefrom, as 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. XXXVI. That no person who after the passing of this act shall be Officers here- appointed to any office or employment in or belonging to the said court after appointed shall be deemed entitled to prefer any claims for or to obtain any 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, or in the constitution, duties, or emoluments, of any of the offices or employments in the said court. not to be entitled to compensation. Commence ment of act. XXXVII. That this act, and the several provisions therein contained, shall commence and take effect from the first day of Hilary term one thousand eight hundred and thirty-five. [No. XI.] 4 & 5 W. IV. c. 82.-An Act to amend and extend an Act of the Second Year of His present Majesty, to effectuate the Service of Process issuing from the Courts of Chancery and Exchequer in England and Ireland. [15th August 1834.] 2 W. 4. c. 33. WHEREAS by an act passed in the second year of the reign of his present Majesty, intituled An Act to effectuate the Service of Process issuing from the Courts of Chancery and Exchequer in England and Ireland respectively, certain provisions have been made for rendering more effectual the process of the said courts respectively in the cases therein mentioned: And whereas it is expedient to amend and extend the said act in the manner herein-after provided: Be it therefore enacted, &c., Provisions of That all the provisions contained in the said act relating to suits instirecited act re- tuted in the said courts respectively concerning lands, tenements, or lating to suits hereditaments situate in England or Wales or in Ireland respectively, concerning shall be extended and applied to all suits instituted in the said courts respectively concerning any charge, lien, judgment, or incumbrance thereon, or concerning any money vested in any government or other public stock, or public shares in public companies or concerns, or concerning the dividends or produce thereof; and the provisions in the said act authorizing the said courts respectively to direct that the service in any part of the united kingdom of Great Britain or Ireland, or the Isle of Man, respectively, of any subpoena or subpoenas, letter missive or letters missive, and of all subsequent process to be had thereon, upon any defendant or defendants in such suit, then residing in such lands extended to suits con cerning charges or liens on lands. No. XI. c. 82. parts of the united kingdom or the Isle of Man in which he, she, or they should be so served, should be deemed good service of or be made 4 & 5 W. 4, upon such defendant or defendants, upon such terms, and in such manner, and at such time as to such courts respectively should seem reasonable, and that thereupon it should and might be lawful for such courts respectively to proceed upon such service as fully and effectually as if the same had been duly made within the jurisdictions of such courts respectively, shall be and they are hereby extended to any defendant or defendants in any such suit or suits as herein-before mentioned, who shall appear by affidavit to be resident in any place, specifying the same, out of the united kingdom of Great Britain and Ireland; and that it shall and may be lawful for the said courts respectively, on motion in open court of any of the complainants in any such suit, founded upon an affidavit or affidavits, and such other documents as may be applicable for the purpose of ascertaining the residence of the party, and the particulars material to identify such party and his residence, and also specifying the means whereby such service may be authenticated, and especially whether there are any British officers, civil or military, appointed by or serving under his Majesty residing at or near such place, to order that service of a subpoena to appear and answer upon the party in the manner thereby directed, or, in case where the said courts respectively shall deem fit, upon the receiver, steward, or other person receiving or remitting the rents of the lands or premises, if any in the suit mentioned, returnable at such time as the said courts respectively shall direct, shall be deemed good service of such party, and afterwards, upon an affidavit of such service had, to order an appearance to be entered for such party in such manner and at such time as the said courts respectively shall direct, and that thereupon it shall and may be lawful for such courts respectively to proceed upon such service so made as aforesaid as fully and effectually as if the same had been duly made within the jurisdictions of such courts respectively. II. That where it shall appear upon affidavit, to be made to the satis- Service of subfaction of the said courts respectively, that any defendant in any such poenas in cases suit as herein-before mentioned cannot by reasonable diligence be per- where defendsonally served with the subpoena to appear and answer, or that upon ants cannot be inquiry at his usual place of abode he could not be found so as to be found. served with such process, and that there is just ground for believing that such defendant secretes or withdraws himself so as to avoid being served with the process of such court, then and in all such cases it shall and may be lawful for the court to order that the service of the subpoena to appear and answer shall be substituted in such manner as the court shall think reasonable and direct by such order. [No. XII.] 5 & 6 W. IV. c. 16.-An Act for altering and WHEREAS it is expedient to amend the law regarding commitments by courts of equity for contempts, and the taking bills pro confesso, in Ireland; be it therefore enacted, &c., That the marshal of the mar- Marshal of the shalsea of the four courts prison shall keep a register of the names of all four courts pripersons committed by the courts of equity for contempts, stating the son to keep a dates and the grounds of their several commitments, and the dates of register of pertheir respective discharges, and shall, on the twentieth day of January, sons committed the twentieth day of April, the twentieth day of July, and the twentieth for contempts, and report four day of October, in every year, make a report to the lord chancellor of times a year to the names and descriptions of such prisoners in his custody on each of the lord chansuch days respectively, with the causes and dates of their respective cellor. commitments. |