surer shall be paid by Salary in such Manner and to such Amount as the said Commissioners from Time to Time shall order; and the Salary of every such Treasurer shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland: Provided always, that the Person appointed or acting as Treasurer before the passing of this Act to any Court holden under any Act cited in either of the said Schedules (A.) and (B.), if not disqualified under this Act, shall be entitled to be the first Treasurer of the same Court respectively, when holden as a County Court under this Act, in every Case in which a separate Treasurer shall be appointed exclusively for such Court, and shall in such Case continue to exercise his Office, subject to the Power of Removal provided in this Act.

XXIV. And be it enacted, That for every Court under the Authority of this Act there shall be a Clerk, who shall be an Attorney of One of Her Majesty's Superior Courts of Common Law, and whom the Judge shall be empowered to appoint, subject to the Approval of the Lord Chancellor, and, in case of Inability or Misbehaviour, to remove, subject to the like Approval; and, until otherwise directed by Her Majesty, with the Advice of Her Privy Council, every such Clerk shall be paid by Fees as hereinafter provided; and in Cases requiring the same such Assistant Clerks as may be necessary shall be provided and paid by the Clerk of the Court.

XXV. And be it enacted, That it shall be lawful for the Lord Chancellor, in populous Districts in which it shall appear to him expedient, to direct that Two Persons shall be appointed to execute jointly the Office of Clerk, under such Regulations as to the Division of the Duties and Emoluments of the said Office as shall be from Time to Time made by Order of Court in case of Difference between them, each of such Persons being qualified as is hereinbefore provided in the Case of a single Clerk; and where under the Provisions of any Act cited in either of the said Schedules (A.) and (B.) more than One Clerk is now acting in and for the Court holden under such Act, the same Number of Clerks shall be continued, unless it shall seem expedient to the Lord Chancellor to order that such Number be reduced.

Appointment of Clerks vested in Judges, subject Lord Chanto Approval of cellor.

In populous
Districts Lord
Chancellor may

direct Two
Clerks to be
appointed.

may be

pointed.

ap

XXVI. And be it enacted, That it shall be lawful for the Clerk In case of Illof any such Court with the Approval of the Judge, or, in case of ness, &c. of Inability of the Clerk to make such Appointment, for the Judge, Clerk a Deputy to appoint from Time to Time a Deputy, qualified to be appointed Clerk of the said Court, to act for the Clerk of the said Court at any Time when he shall be prevented by Illness or unavoidable Absence from acting in such Office, and to remove such Deputy at his Pleasure; and such Deputy while acting under such Appointment shall have the like Powers and Privileges, and be subject to the like Provisions, Duties, and Penalties for Misbehaviour, as if he were the Clerk of the said Court for the Time being.

XXVII. And be it enacted, That the Clerk of each Court, with Duties of such Assistant Clerks as aforesaid in Cases requiring the same, Clerks. shall issue all Summonses, Warrants, Precepts, and Writs of Execution, and register all Orders and Judgments of the said Court, and keep an Account of all Proceedings of the Court, and shall take charge of and keep an Account of all Court Fees and Fines

payable

Offices of Clerk,

Treasurer, and Bailiff not to be conjoined.

Officers not to

in the Court.

payable or paid into Court, and of all Monies paid into and out of Court, and shall enter an Account of all such Fees, Fines, and Monies in a Book belonging to the Court, to be kept by him for that Purpose, and shall from Time to Time, at such Times as shall be directed by Order of the Court, submit his Accounts to be audited or settled by the Treasurer.

XXVIII. And be it enacted, That it shall not be lawful for the Clerk of any Court holden under this Act, or the Partner of any such Clerk, or any Person in the Service or Employment of such Clerk or his Partner, to act as Treasurer or High Bailiff of the Court; or for the Treasurer, his Partner or Clerk, or any Person in the Service or Employment of such Treasurer or his Partner, to act as Clerk or High Bailiff; or for the High Bailiff, his Partner or Clerk, or any Person in the Service or Employment of such High Bailiff or his Partner, to act as Clerk or Treasurer of the Court.

XXIX. And be it enacted, That no Clerk, Treasurer, High act as Attornies Bailiff, or other Officer of the Court shall, either by himself or his Partner, be directly or indirectly engaged as Attorney or Agent for any Party in any Proceeding in the said Court.

Penalty of 501. on Nonobservance of the Two previous Enactments.

Appointment of
Bailiffs.

Provision for the
High Bailiffs of
Westminster

and Southwark.

XXX. And be it enacted, That every Person who, being the Clerk of any such Court, or the Partner of such Clerk, or a Person in the Service or Employment of any such Clerk or of his Partner, shall accept the Office of Treasurer or High Bailiff of such Court, or who, being the Treasurer of any such Court, or the Partner of any such Treasurer, or a Person in the Service or Employment of any such Treasurer or of his Partner, shall accept the Office of Clerk or High Bailiff in the Execution of this Act, or who being the High Bailiff of such Court, or the Partner of any such High Bailiff, or a Person in the Service or Employment of any such High Bailiff or of his Partner, shall accept the Office of Clerk or Treasurer in the Execution of this Act, and also every Clerk, Treasurer, High Bailiff, or other Officer of any such Court who shall be, by himself or his Partner, or in any way, directly or indirectly, concerned as Attorney or Agent for any Party in any Proceeding in the said Court, shall for every such Offence forfeit and pay the Sum of Fifty Pounds to any Person who shall sue for the same in any of Her Majesty's Superior Courts of Record, by Action of Debt or on the Case.

XXXI. And be it enacted, That for every such Court there shall be One or more High Bailiffs, whom the Judge shall be empowered by Order of Court to appoint, and, in case of Inability or Misbehaviour, to remove by a like Order; and every such High Bailiff shall be empowered, subject to the Restrictions herein-after contained, by any Writing under his Hand to appoint a sufficient Number of able and fit Persons, not exceeding such Number as shall be from Time to Time allowed by the Judge, to be Bailiffs, to assist the said High Bailiff, and at his Pleasure to dismiss all or any of them, and appoint others in their Stead ; and every Bailiff so appointed may also be suspended or dismissed by the Judge.

XXXII. Provided always, and be it enacted, That, until Parliament shall otherwise direct, the High Bailiff of Westminster shall have the Execution of all Process issuing out of any of the

said Courts the Jurisdiction of which shall include the City and Liberty of Westminster or any Part thereof, and shall be deemed the High Bailiff of such Courts; and the High Bailiff of Southwark shall have the Execution of all Process issuing out of any of the said Courts the Jurisdiction of which shall include the Borough of Southwark or any Part thereof, and shall be deemed the High Bailiff of such last-mentioned Courts, and no other High Bailiff shall be appointed for such Courts.

XXXIII. And be it enacted, That the said High Bailiffs or Duties of the One of them shall attend every Sitting of the Court, for such High Bailiffs, Time as shall be required by the Judge, unless when their Absence &c. shall be allowed for reasonable Cause by the Judge, and shall, by themselves or by the Bailiffs appointed to assist them as aforesaid, serve all the Summonses and Orders, and execute all the Warrants, Precepts, and Writs, issued out of the Court; and the said High Bailiffs and Bailiffs shall in the Execution of their Duties conform to all such general Rules as shall be from Time to Time made for regulating the Proceedings of the Court, as herein-after provided, and, subject thereunto, to the Order and Direction of the Judge; and the said High Bailiffs shall be entitled to receive all Fees and Sums of Money allowed by this Act in the Name of Fees payable to the Bailiff, out of which they shall provide for the Execution of the Duties for which such Fees are allowed, and for the Payment of the Bailiffs and Officers appointed to assist them, according to such Scale of Remuneration as shall be from Time to Time approved by the Judge; and every such High Bailiff shall be responsible for all the Acts and Defaults of himself and of the Bailiffs appointed to assist him, in like Manner as the Sheriff of any County in England is responsible for the Acts and Defaults of himself and his Officers.

Bailiffs of

Courts under
Acts cited in

Schedules (A.)
and (B.)

XXXIV. Provided always, and be it enacted, That the Persons Provision reholding the Offices or performing the Duties of Clerks and High specting Clerks Bailiffs in any Court holden under any Act cited in either of the and High said Schedules (A.) and (B.) on the First Day of June in this Year, and who shall continue respectively to hold the same Offices or to perform the same Duties at the Time when such Act shall be repealed under the Provisions of this Act, whether or not qualified as herein-before provided, shall be entitled, if not disqualified under this Act, to be the first Clerks and High Bailiffs of the same Court when holder as a County Court under this Act, and shall continue to execute their several Offices, subject to the Power of Removal provided in this Act, except that the Clerks and High Bailiffs already appointed to any Court named in the said Schedule (A.) shall be removable only for such Cause as would have warranted their Removal under the Acts according to which their Court is now holden; and where, under the Provisions of any of the said Acts, more than One Clerk was on the said First Day of June, and shall be, when such Act shall be repealed, under the Provisions of this Act, acting in and for any of the said Courts, or in and for any District or Division of any Court, the same Persons shall jointly execute the Office of Clerk of the same Courts as aforesaid, under such Regulations as to the Division of the Duties and Emoluments of the said Office as shall be from Time to Time made by Order of Court, in case of Difference

between

Provision re-
specting the
Officers of the
Two Courts at
Bristol.

Treasurers,
Clerks, and

High Bailiffs to
give Security.

Fees to be taken according to

Schedule (D.), be exhibited in

and Tables to

conspicuous Places.

between them: Provided always, that if the Clerk of any Court cited in the said Schedule (A.) shall, within One Calendar Month next after the Repeal of the Act under which it is now holden, decline to accept the Office of Clerk to the same Court as holden under this Act, it shall be lawful to the Commissioners of Her Majesty's Treasury, if they shall think fit, to take into consideration the special Circumstances of each Case, and to award such Compensation to be paid to such Clerk as under the Circumstances they shall think reasonable, in the Manner herein provided in the Case of Persons whose Emoluments will be diminished or taken away by this Act.

6

XXXV. And whereas the Jurisdiction of the Court of Conscience in the City of Bristol, under the Provisions of an Act passed in the First Year of the Reign of Her Majesty, and 'cited in the Schedule (A.) to this Act annexed, extends to the Recovery of Debts and Demands not exceeding Forty Shillings; and the Jurisdiction of the Court of Requests in the said City, under the Provisions of an Act passed in the Fifty-sixth Year of the Reign of King George the Third, and also cited in the said Schedule (A.), extends to the Recovery of Debts and Demands above Forty Shillings and not exceeding Fifteen Pounds;' be it enacted, That in case the Persons now holding the Offices of Registrar and Clerk and Deputy Registrar of the said Court of Conscience shall continue to hold the same Offices respectively when a Court shall be established in the said City of Bristol under the Provisions of this Act, they shall be entitled to hold the Office and execute the Duties of Clerks of any such Court in all Causes and Matters relating to Debts, Claims, and Demands not exceeding Forty Shillings, under such Regulations as to the Division of the Duties and Emoluments of the said Office as shall be from Time to Time made by Order of Court, in case of Difference between them; and in case the Person now holding the Office of Clerk of the said Court of Requests shall continue to hold the same Office at the Time when such Court shall be established, he shall be entitled to hold the Office and execute the Duties of Clerk of any such Court in all Causes and Matters relating to Debts, Claims, and Demands exceeding Forty Shillings; and the said Persons severally shall be removable only for such Cause as would have warranted their Removal under the several Acts according to which the said Courts are now holden.

XXXVI. And be it enacted, That the Treasurer, Clerk, and High Bailiff of every Court holden under this Act who may receive any Monies in the Execution of his Duty shall give Security, for such Sum and in such Manner and Form as the Commissioners of Her Majesty's Treasury from Time to Time shall order, for the due Performance of their several Offices, and for the due accounting for and Payment of all Monies received by them under this Act (or which they may become liable to pay for any Misbehaviour in their Office).

XXXVII. And be it enacted, That there shall be payable on every Proceeding in the Courts holden under this Act, to the Judges, Clerks, and High Bailiffs of the several Courts, such Fees as are set down in the Schedule marked (D.) to this Act annexed, or which shall be set down in any Schedule of Fees

reduced

reduced or altered under the Power herein-after contained for that Purpose, and none other; and a Table of such Fees shall be put up in some conspicuous Place in the Court House and in the Clerk's Office; and the Fees on every Proceeding shall be paid in the first Instance by the Plaintiff or Party on whose Behalf such Proceeding is to be had, on or before such Proceeding, and in default Payment thereof shall be enforced by Order of the Judge by such Ways and Means as any Debt or Damage ordered to be paid by the Court can be recovered; and the Fees upon Executions shall be paid into Court at the Time of the Issue of the Warrant of Execution, and shall be paid by the Clerk of the Court to the Bailiff upon the Return of the Warrant of Execution, and not before: Provided always, that it Fees may be shall be lawful for One of Her Majesty's Principal Secretaries of reduced. State, with the Consent of the Commissioners of Her Majesty's Treasury, to lessen the Amount of the Fees to be taken in the Courts holden under this Act in such Manner as to him shall seem fit, and again to increase such Fees, so that the Scale of Fees given in the Schedule to this Act be not in any Case surpassed; and in every Court holden under this Act in which the Appropriation Fees allowed to be taken by the Judges, Clerks, or Bailiffs of of surplus Fees. the Court shall appear to be more than sufficient, it shall be lawful for the said Secretary of State to order that a certain Part only of their Fees shall be paid to them respectively, not exceeding, in the Case of Judges and Clerks, the Sums hereinafter mentioned as the greatest Salaries to be by them respectively received; and in such Case, and so long as such Direction shall be in force, the Amount of the Residue of the Fees shall be accounted for and paid to the Treasurer of the Court, and shall form Part of the General Fund of the Court; but no such Order shall be made to reduce the Fees of any of the Judges, Clerks, and Officers of any Court mentioned in the said Schedule (A.) (so long as they shall be paid by Fees) below the average Amount of their Fees or Emoluments during the Seven Years next before the passing of this Act, with a reasonable Increase for any Increase of Business which they may severally have to perform by reason of this Act.

XXXVIII. And be it enacted, That every Person who is Compensation entitled to any Franchise, Right of Appointment, or Office, under for Persons whose Rights any of the Acts under which any Court mentioned in the said or Emoluments Schedule (A.) is holden, and every Person who shall have been will be dimientitled to any Fees or Salary for his Services in the Execution nished. of any of the same Acts, or for the Issue of any Writs to the Sheriff out of the High Court of Chancery, and also every Person who is entitled to any Franchise or Right of Appointment to hold Office in any Court in any District in which the County Court had not Jurisdiction before the passing of this Act, and in which District a Court shall be established under the Provisions of this Act, and also every Person holding any Office in any such lastmentioned Court whose Franchise or Right of Appointment or Office shall be affected, abolished, or taken away, or whose Emolu ments shall be diminished or taken away under the Operation of this Act, shall be entitled to make a Claim for Compensation to the Commissioners of Her Majesty's Treasury within Six Calendar 9 & 10 VICT.

N n

Months