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or be suspended from the office, functions and practice of a proctor, in all and every the said court or courts, for so long a period as the judge or judges of the said court or courts may deem fit; save and except as to any allowance or allowances, sum or sums of money that are or shall be agreed to be made to the widows or children of any deceased proctor or proctors, by any surviving partner or partners of such deceased proctor or proctors; and also save and except as to any agreement made or understood to have been made between proctors and articled clerks, whose articles have been executed prior to the passing of this act.
X. And be it further enacted, that, from and after the passing of Acting, &c. this act, in case any person or persons shall, in his or in their own without name, or in the name of any other person or persons, make, do, act, being admitexercise or perform any act, matter or thing whatsoever, in any way appertaining or belonging to the office, function or practice of a proctor, for or in consideration of any gain, fee or reward, or with a view to participate in the benefit to be derived from the office, functions or practice of a proctor, without being admitted and enrolled, every such person for every such offence shall forfeit and pay the sum of fifty pounds, to be sued for and recovered in manner herein- Penalty. after mentioned.
XI. Provided always, and be it further enacted, that nothing Clerks. herein contained shall extend or be construed to extend to any salary which shall be agreed to be paid by a proctor, his partner or successor, to a clerk really and bona fide serving in his office, at the time of the passing of this act, and who shall have been bona fide serving in the office of any proctor or proctors, for seven years next before the passing of the same. XII. And be it further enacted, that all pecuniary forfeitures and Recovery of
penalties. penalties, imposed on any person or persons, for offences committed against this act, shall and may be sued for and recovered in any of his majesty's four courts in the city of Dublin, by action of debt, bill, plaint or information; wherein no essoin, protection, privilege, wager of law or more than one imparlance shall be allowed; and wherein the plaintiff if he or she shall recover any penalty or penalties, shall receive the same for his or her own use, with full costs of suit.
XIII. And be it further enacted, that if any action or suit shall Limitation be brought or commenced for any thing done in pursuance of this of actions. act, every such action or suit shall be commenced within three calendar months next after the fact committed, and not afterwards; and shall be laid and tried in the city or county wherein the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general General issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance or by the authority of this act; and if the same shall appear to have been so done, or if any action or suit shall be brought after the time limited for bringing the same, or shall be laid in any other city, county or place than as aforesaid, then the judge shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or suffer a discontinuance of their action or suit, after the defendant or defendants shall have appeared ;
or if, upon demurrer, judgment shall be given against the plaintiff Treble costs. or plaintiffs, the defendant or defendants shall have treble costs, and
shall have such remedy for the same as any defendant or defendants hath or have for costs of suit in any other case by law.
XIV. Provided always, that nothing in this act contained shall Ireland only. extend or be construed to extend to any part of the united kingdom
To extend to
Schedules to which this act refers.
To his most excellent majesty and our sovereign lord George the third by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith,
by divine providence (or, permission, as the case may be] health in him by whom kings and princes rule and govern; we hereby notify and signify unto your majesty, that one in the county of
hath been duly pronounced guilty of manifest contumacy and contempt of the law and jurisdiction ecclesiastical, in not (as the case may be] appearing before [here set out the style of the ecclesiastical judge, or his representative or, in not obeying the lawful commands (here set out the commands) of (such judge or representative] or, in having committed a contempt in the face of the court of (such judge or representative) lawfully authorized by [here set out the nature and manner of such contempt] on a day and hour now long past, in a certain cause of (here set out the nature of the cause and the names of the parties to the same] we therefore humbly implore and entreat your said most excellent majesty would vouchsafe to command the body of the said
to be taken and imprisoned for such contumacy and contempt. Given under the seal of our
courts, the day of A. B. registrar Cor deputy registrar, as the case may be].
Schedule (B.)— Writ de contumace capiendo.
greeting : the
hath signified to us, that of
in your county of is manifestly contumacious, and contemns the jurisdiction and authority of Chere fully state the nonappearance, disobedience, together with the commands disobeyed, or, the contempt in the face of the court, as the case may be), nor will he submit to the ecclesiastical jurisdiction; but forasmuch as the royal power ought not to be wanting to enforce such jurisdiction, we command you, that you attach the said
by his body, until he shall have made satisfaction for the said contempt: and how you shall execute this our precept, notify unto
and in no wise omit this; and leave you there this writ. Witness
in the year of our reign.
Schedule (C.)-Writ of deliverance. Whereas
of county of
whom lately at the denouncing of
for contumacy, and by writ issued thereupon, you attached by his body, until he should have made satisfaction for the contempt; now he having submitted himself and satisfied the said contempt, we hereby empower and command you that without delay you cause the said
to be delivered out of the prison in which he is so detained, if upon that occasion, and no other he shall be detained therein. Given under our seal of our
of A. B. registrar (or, deputy registrar, as the case may be.] Extracted by E. F. proctor.
5 GEORGE 4, CAP. 27.-An act to explain and amend an act of the parliament of Ireland, passed in the thirty-eighth year of the reign of kis majesty king George the third, for the better ascertaining the amount, and securing the payment of the bills of costs of proctors, employed in carrying on and defending suits, and transacting business in the high court of admiralty, in his majesty's court of prerogative, in the court of delegates, and in all ecclesiastical courts within the kingdom of Ireland.— Whereas by an act passed in the parliament of Ireland, in the thirty- 38 G. 3, (I.) eighth year of his majesty king George the third, intituled an act for the better ascertaining the amount, and securing the payment of the bills of cost of proctors employed in carrying on and defending suits and transacting business in the high court of admiralty, in his majesty's court of prerogatire, in the court of delegates, and in all ecclesiastical courts within the kingdom of Ireland, it was amongst other things provided, that from and after the first day of June one thousand seven hundred and ninety-eight, no proctor of his majesty's court of prerogative, or of his majesty's high court of admiralty, court of delegates, or of any ecclesiastical court in this kingdom, should commence or maintain any action or suit at law or otherwise, for the recovery of any fees, charges or disbursements, which should on or before the first day of June one thousand seven hundred and ninety-eight, or at any time after the said day be or become due or owing to him, in any proceedings in any of the said courts, until the expiration of one month or more after such proctor should have delivered unto the party or parties to be charged therewith, or left for him, her or them, at his, her or their dwelling house or last place of abode, a bill of such fees, charges and disbursements, written in a common legible hand, and in the English tongue (except law terms or names of such proceedings in such courts as are usually expressed in other languages), and in words at length (except times and sums): and whereas the said provision hath been found inconvenient; and it is just and reasonable that the law of Ireland should, with respect to the mode of writing such bills of costs, be assimilated to the law of England; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of Proctors of bis act, it shall and may be lawful to and for every proctor of the Ireland may
be considered and held as one office.
aforesaid courts in Ireland to write his bills of fees, charges and Bills of costs, disbursements, with such abbreviations as are now commonly used, English lan- in the English language; any thing in any former law to the contrary
7 & 8 GEORGE 4, CAP. 44.—An act to provide for the payment of a salary (in lieu of fees) to the judge of the prerogative court and court of faculties in Ireland. - Whereas the offices of judge or commissary of his majesty's court of prerogative for causes ecclesiastical, and commissary of his majesty's court of faculties, in and throughout the whole of that part of the united kingdom called Ireland, are judicial offices, and have always hitherto been held and enjoyed by one and the same person: and whereas it is expedient that provision should be made for the payment of a certain annual salary to the judge or person holding or who shall hold the said offices jointly, and that such salary should be in lieu of all fees and emoluments whatsoever receivable by such judge or person, and that all such fees should be applied to the public use; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this
present parliament assembled, and by the authority of the same, The offices of that from and after the passing of this act, the office of judge or comjudge of the missary of his majesty's court
of prerogative for causes ecclesiastical, and faculty and the office of commissary of his majesty's court of faculties, in courtsin lies and through that part of the united kingdom called Ireland, both
which offices are held and enjoyed by the present judge or commissary thereof, shall from thenceforth for ever continue to be jointly held and enjoyed by one and the same person, and shall from time to time for ever be granted and held as one office, and that the person holding such office shall be styled the judge or commissary
of his majesty's court of prerogative for causes ecclesiastical and Fees shall court of faculties in and throughout Ireland ; and that no fees or not be receiv. pecuniary profits whatever, other than and except the salary perof the judge, mitted by this act, shall, from and after the fifth day of July one but shall be thousand eight hundred and twenty-seven, be received by or shall the public be payable to or to the use of the person holding or who shall hold
the said office in respect of the execution of the said office, any act or acts of parliament, or any law, usage, or custom to the contrary in anywise notwithstanding; and that from and after the said fifth day of July one thousand eight hundred and twenty-seven, all fees and pecuniary profits heretofore payable to the use of the holder of the office or offices aforesaid, shall be collected and applied to the
public service in manner hereinafter mentioned and directed. Salary of II. And be it further enacted, that from and after the fifth day £3,000 to be paid to the of July one thousand eight hundred and twenty-seven, there shall said judge be issued and paid and payable to the judge or commissary of his consolidated majesty's court of prerogative and court of faculties aforesaid for the fund, by time being, out of and charged and chargeable upon the consolidated quarterly
fund of the united kingdom of Great Britain and Ireland, after paying and reserving sufficient to pay all such sum and sums of money as have been directed by any former act or acts of parliament to be paid out of the said consolidated fund, but with preference to all other payments which shall or may be hereafter charged upon or
out of the
payable out of the said fund, the annual sum of three thousand pounds; and the said sum of money to be issued in pursuance of this act shall from time to time thenceforth be payable and paid quarterly, free and clear of all taxes and deductions whatsoever, on the tenth day of October, the fifth day of January, the fifth day of April, and the fifth day of July, in every year, the first payment thereof to be made on the tenth day of October one thousand eight hundred and twenty-seven.
III. Provided always, and be it further enacted, that whenever A proportion any person holding the office of judge or commissary of his majesty's Perhe quarcourt of prerogative and court of faculties aforesaid shall during the to be payable course of any quarter resign his said office, or shall die, then the
tion or death, person so resigning the said office, or the executors or administrators and on new
appointment. of such person so dying (as the case may be), shall be entitled to such proportionable part of the said salary as shall have accrued during such part of the said quarter as such person shall have executed such office as aforesaid: and every judge or commissary of his majesty's court of prerogative and court of faculties, to be appointed at any time after the said fifth day of July one thousand eight hundred and twenty-seven, shall, on the quarter day next after his appointment, be entitled to have and receive, out of the said consolidated fund, such proportion of the said salary as shall have arisen from the date of his appointment.
IV. And be it further enacted, that from and after the fifth day Judge of the of July one thousand eight hundred and twenty-seven, the judge or shall not commissary of his majesty's said court of prerogative and court of practise as a faculties shall not practise or be capable of practising as a barrister advocate. or advocate in any court or place, or in conveyancing or giving opinions, or in any other manner whatsoever as a barrister or advocate.
V. And be it further enacted, that the respective registrars or Registrarse deputy registrars of his majesty's court of prerogative and court of
quarterly, to faculties in and throughout Ireland shall, from and after the said the auditors fifth day of July one thousand eight hundred and twenty seven, accounts, an receive and collect all the fees belonging to the said office of judge
fees received, or commissary of the court of prerogative and court of faculties and pay the respectively, and shall, within fourteen days after the tenth day of October, the fifth day of January, the fifth day of April, and the quer, to be fifth day of July in each and every year, deliver, into the office of his majesty's commissioners for auditing the public accounts in fund. Ireland for the time being, an account, signed by such registrars or deputy registrars respectively, of all fees received by such registrars, or deputy registrars respectively by virtue of this act, for the quarter ending on such tenth day of October, fifth day of January, fifth day of April
, and fifth day of July respectively, vouched and verified by an affidavit at the foot of such account by such registrar or deputy registrar, to be sworn before any master in chancery, who is hereby authorized and required to administer the oath for that purpose; and in case of the death of any such registrar or deputy registrar respectively, then their executors or administrators shall, within six calendar months next after their deaths respectively, deliver in like manner to the said commissioners for auditing
amount into the exche
carried to the consolidated