Officers of Courts may be paid by Salaries instead of Fees. If Court abo pensation allowed, except in certain Cases. Months after the passing of this Act, or after the Alteration of such Court; and it shall be lawful for the said Commissioners, in such Manner as they shall think proper, to inquire what was the Nature of the Franchise or Right of Appointment, and what was the Tenure of any such Office, and what were the lawful Fees and Emoluments in respect of which such Compensation should be allowed; and the Commissioners in each Case shall award such gross or yearly Sum and for such Time as they shall think just to be awarded upon consideration of the special Circumstances of each Case; and all such Compensations shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland: Provided always, that if any Person holding any Office in any of the said Courts shall be appointed after the passing of this Act to any public Office or Employment, the Payment of the Compensation awarded to him under this Act, so long as he shall continue to receive the Salary or Emoluments of such Office or Employment, shall be suspended if the Amount of such Salary or Emoluments is greater than the Amount of such Compensation, or if not, shall be diminished by the Amount of such Salary or Emoluments: Provided also, that nothing in this Act contained shall be deemed to entitle any Person to Compensation for the Loss or Diminution of the Profits of any Office to which he shall have been appointed under any Act containing a Provision, either that he is not to be entitled to Compensation for the Loss or Diminution of the Profits of his Office, or that such Act should cease on or within a limited Time after the passing of any general Act for the Recovery of Small Debts, or under the Provisions of either of the said Acts of the Eighth Year of Her Majesty and of the Ninth Year of Her Majesty. XXXIX. And be it enacted, That it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to order that the Judges, Clerks, Bailiffs, and Officers of the Courts holden under this Act, or any of them, shall be paid by Salaries instead of Fees, or in any Manner other than is provided by this Act; and if Her lished, no Com- Majesty shall be pleased, with the Advice aforesaid, to make such Order, or to order that any such Court shall be abolished, or that the District for which any such Court is holden shall be consolidated with any other District, or if any Act shall be passed whereby it shall be provided that the said Courts or any of them shall be abolished, or otherwise constituted than is provided by this Act, no such Clerk or Bailiff, nor any Judge, County Clerk, Treasurer, or other Officer of any such Court, shall be entitled to any Compensation on account of ceasing to hold his Office, or to receive the Fees allowed by this Act, or on account of his Emoluments being affected by such Abolition or Alteration, unless he shall have presided or acted as Judge, Assessor, County Clerk, Treasurer, Clerk, Bailiff, or other Officer, before the passing of this Act, in any of the Courts mentioned in the Schedule (A.) to this Act annexed, in which Case he shall be entitled to Compensation for the Loss of his Fees or Emoluments, in like Manner and subject to the same Regulations as he would have been entitled thereto under the Provisions herein contained in case he had been deprived of any Fees or Emoluments by reason of the passing of this Act; and in such Case all Sums payable in the Name of Fees Fees to such Officers of the Court as shall be paid by Salaries shall be paid from Time to Time to the Treasurer of the Court, who shall pay the said several Salaries out of the Proceeds of such Fees, and the Surplus shall form Part of the General Fund of the Court; and whenever the net Amount of the Fees shall not be sufficient to pay the said several Salaries, the Deficiency shall be made good and paid out of the Consolidated Fund of Great Britain and Ireland. XL. And be it enacted, That the greatest Salaries to be received Limiting in any Case by the Judges and Clerks of the Courts holden under Amount of Sathis Act shall be Twelve hundred Pounds by a Judge and Six laries to be paid hundred Pounds by a Clerk, exclusive of all Salaries to his Clerks under this Act. employed in the Business of the Court, and other Expences incidental to his Office, unless in the Case of any Judge or Clerk of any such Court acting in the same Capacity before the passing of this Act in any Court mentioned in the said Schedule (A.), whose Salaries shall not be limited to any Sum less than the average Amount of the Fees and Emoluments of their respective Offices during the Seven Years next before the passing of this Act: Provided always, that it shall be lawful for the Commissioners of Her Majesty's Treasury to allow in each Case such Sum as they shall in each Case deem reasonable to defray travelling Expences, with reference to the Size and Circumstances of each District. XLI. And be it enacted, That the Clerk of every Court holden Fees and Fines under this Act, from Time to Time as often as he shall be required to be accounted so to do by the Treasurer or Judge of the Court, and in such Form for to Treasurer. as the Treasurer or Judge shall require, shall deliver to the Treasurer a full Account in Writing of the Fees received in that Court under the Authority of this Act, and a like Account of all Fines levied by the Court, and of the Expences of levying the same, and shall pay over to the Treasurer, quarterly or oftener in every Year, by Order of the Court, the Monies remaining in his Hands over and above his own Fees, and such Balance as he shall be allowed by Order of the Court to retain for the current Expenditure of the Court. XLII. And be it enacted, That the Treasurer of every Court Clerk's Acholden under this Act shall from Time to Time, quarterly or counts to be auoftener, as shall be directed by Order of the Court, audit and dited and settled by Treasurers. settle the Accounts of the Clerk and other Officers of the Court, and shall receive the Balance of the various Monies which such Clerk and other Officers shall have received under this Act, and shall pay over to the Judge of the Court the Amount of his Fees, and make all such other Payments as it shall be requisite to make thereout in accordance with the Provisions of this Act, and shall from Time to Time pay the Balance remaining in his Hands, or so much thereof as he shall be directed to pay, into such Bank, or otherwise as shall be directed by the Commissioners of Her Majesty's Treasury. XLIII. And be it enacted, That the Treasurer of every Court Treasurer of the holden under this Act shall once in every Year, and oftener if Court to render required, on such Day as the Commissioners of Her Majesty's Accounts to Treasury from Time to Time shall appoint, render to the Commissioners for auditing the Public Accounts of Great Britain a Nn 2 true Audit Board. Commissioners of Treasury to direct how Balances shall be applied. Accounts of Treasurers to be audited under Powers of 25 G. 3. c. 52. Clerk to send to Commissioners of Audit an Account of all Sums paid by him to Trea surer. Accounts when audited to be true Account in Writing of all Monies received and of all Monies disbursed by him on account of every Court holden under this Act of which he is Treasurer, during the Period comprised in such Account, in such Form, and with such Particulars of Receipt and Disbursement, or otherwise, as the said Commissioners of Audit shall from Time to Time require. XLIV. And be it enacted, That the Commissioners of Her Majesty's Treasury shall from Time to Time make such Rules as to them shall seem meet for securing the Balances and other Sums of Money in the Hands of any Officers of every Court holden under this Act, and for the due accounting for and Application of all such Balances and other Sums of Money. XLV. And be it enacted, That the Accounts to be kept by the several Treasurers on account of the said Courts shall be examined and audited by the Commissioners for auditing the Public Accounts of Great Britain, under the Powers vested in them under an Act of the Twenty-fifth Year of the Reign of King George the Third, intituled An Act for the better examining and auditing the Public Accounts of this Kingdom, and under any Act now in force, or otherwise howsoever, except so far as the same are varied by this Act. XLVI. And be it enacted, That the Clerk of every such Court shall once in every Year, and oftener if required, on such Day as shall be appointed by the Commissioners of Her Majesty's Treasury, make out and send to the said Commissioners of Audit an Account of all Sums paid over by him to the Treasurer of the Court, including all unclaimed Balances carried to the Account of the General Fund, as herein-after provided; and every such Account, duly vouched by Receipts given under the Hand of the Treasurer, shall be a Voucher to charge the Treasurer in his Account before the said Commissioners of Audit. XLVII. And be it enacted, That it shall not be necessary to declare the Accounts of the said Treasurers before the Chan sent to Treasury. cellor of the Exchequer, but the said Commissioners of Audit shall transmit a Statement of every Account examined and audited by them under the Authority of this Act to the Lord High Treasurer, or the Commissioners of Her Majesty's Treasury for the Time being, who, having considered such Statement, shall return the same to the Commissioners of Audit, together with his or their Warrant, directing them to make up and pass the Account, either conformably to the Statement, or with such Variations as he or they may deem just and reasonable; and the Account having been made up pursuant to such Directions, and signed by Two or more of the said Commissioners for auditing the Public Accounts, shall remain deposited in the Audit Office, and shall have the same Force and Validity, and be as efficient in Law for all Purposes whatsoever, as if the same had been declared according to the usual Course by the Chancellor of the Exchequer ; and the said Commissioners shall thereupon, as soon as conveniently may be, cause such or the like Certificate thereof, in the Nature of a Quietus, to be made out and delivered, as is now practised by them with regard to declared Accounts, and which shall be equally valid and effectual to discharge the Accountants, and to all other Intents and Purposes. XLVIII. And cretary of State, to provide Court Houses, Offices, &c. XLVIII. And be it enacted, That the Treasurer of any Court Treasurers, with holden under this Act for which a Court House and Offices, with Approval of Senecessary Appurtenances, shall not have been already provided, or where such Court House and Offices are inconvenient or in sufficient, shall, as soon as conveniently may be, with the Approval of One of Her Majesty's Principal Secretaries of State, build, purchase, hire, or otherwise provide Messuages and Lands, with all necessary Appurtenances, fit for holding the Court therein, and for the Offices necessary for carrying on the Business of the said Court, or, instead of providing separate Buildings, may, with the like Approval, contract with any Person, being the Owner of or having the Control and Management of any County or Town Hall or other Building, for the Use and Occupation thereof, or of so much thereof as may be needed for the Purposes of this Act, and subject to such annual Rent, and to such Conditions as to the Repairs, Alterations, or Improvements of such Hall or Building, as may be agreed upon; and all Lands, Messuages, and other Real and Personal Estates and Effects belonging to the Court shall vest in the Treasurer for the Time being, and in his Successors in that Office, in trust for the Purposes of this Act. XLIX. And be it enacted, That it shall be lawful for any Where ComCourt holden under this Act, with the Approval of One of Her mon Gacls are Majesty's Principal Secretaries of State, to use as a Prison for the inconvenient, Purposes of this Act any Prison now belonging to any Court Prisons belongholden under any of the Acts cited in the said Schedules (A.) under Acts cited ing to Courts and (B.), in all Cases where it shall appear to the said Secretary in Schedules of State that the Common Gaol or House of Correction of the (A.) and (B.) County, District, or Place in which the Court is established is may be used. inconveniently situated, or is not applicable for the Use of the said Courts; and whenever any such Prison shall be so allowed to be used it shall be deemed One of the Common Gaols of the County for which it shall be used, as if it had been provided, after Presentment of the Insufficiency of One Common Gaol for such County, under the Provisions of an Act passed in the Sixth Year of the Reign of Her Majesty, intituled An Act to amend the Laws 5 & 6 Vict. c. 98. concerning Prisons, or where such Prison shall be situated within a Borough having a separate Court of Sessions of the Peace, it shall be deemed a House of Correction for such Borough. L. And be it declared and enacted, That the Provisions of the Power for purLands Clauses Consolidation Act, 1845, shall apply to the Pur- chasing Land. chase of Lands by the Treasurer of any such Court for the Purposes of this Act, except so much thereof as relates to the Purchase and taking of Lands otherwise than by Agreement; and in construing the said Act the Treasurer acting with the Approval of One of Her Majesty's Principal Secretaries of State shall be deemed the Promoter of the Undertaking for which such Lands are required. LI. And be it enacted, That for the Purpose of defraying the Expences of building, purchasing, or providing any Messuages and Lands for the Purposes aforesaid, it shall be lawful for the said Treasurer to borrow and take up at Interest so much Money as he shall find to be necessary, the Amount thereof, and the Rate of Interest in each Case being first allowed by the said Commis Nn 3 sioners Treasurer empowered to borrow Money for the Purposes of this Act. A General raised for pay borrowed. sioners of Her Majesty's Treasury; and the Treasurer may enter into and execute such Securities as may be required, and the Securities so entered into shall be binding on him and his Successors in the Office of Treasurer for securing Repayment of the Monies borrowed, with Interest for the same, out of the General Fund herein-after mentioned, and shall enter in a Book belonging to the Court, to be kept by him for that Purpose, the Names of the several Persons by whom any Money shall be advanced for the Purpose aforesaid, in the Order in which the same shall be advanced, and the Monies so borrowed shall be paid off in the same Order. LII. And be it enacted, That for raising a Fund for providing a Court House and Offices, and for paying off any Monies which may be borrowed as aforesaid, and the Interest due in respect ing off Money thereof, the Clerk of every Court holden under the Authority of this Act, in which and while it shall be necessary to raise such Fund, shall demand and receive from the Plaintiff in any Suit brought in that Court the Sum of Sixpence when the Debt or Damage claimed shall exceed Twenty Shillings and shall not exceed Forty Shillings, and for every Claim exceeding Forty Shillings One Twentieth Part thereof, neglecting any Sum less than Sixpence in estimating such Twentieth Part, or such other Sum in either Case, not exceeding the Rates herein-before mentioned, as One of Her Majesty's Principal Secretaries of State, with the Consent of the Commissioners of Her Majesty's Treasury, from Time to Time shall order, which Sum, if not paid in the first instance by the Plaintiff upon Suit brought in the Court, may be deducted from the Sum recovered for the Plaintiff, and shall be considered as Costs in the Cause; and the Clerk of the Court shall keep an Account of all Monies so paid to him, and shall pay over the Amount from Time to Time to the Treasurer of the Court, and the Amount thereof shall accumulate to form a Fund to be called "The General Fund of the County Court of ," and shall be applied in the first place toward paying the Interest of the several Sums so borrowed, and in the second place toward paying the Rent and other Expences necessarily incurred in holding the Court, and in the third place toward paying off the several Principal Sums borrowed, in the Order in which they were borrowed, and in the fourth place toward defraying the other Expences herein charged on the said General Fund, in such Manner as the Judge, with the Approval of One of Her Majesty's Principal Secretaries of State, shall direct; and the Surplus which shall from Time to Time accumulate, after providing for all the said Expences, shall be paid over to the Credit of the Consolidated Fund of the United Kingdom of Great Britain and Ireland; subject nevertheless, to any Charge which may arise from any future Deficiency of the same Fund. Property of Courts in Schedules (A.) and (B.) to vest in the Treasurer of the County Court. at LIII. And be it enacted, That, as soon as a Court shall have been established in any District under this Act, all Messuages, Lands, and Tenements, and all Real Estates and Effects, vested in or belonging to the Commissioners, Clerks, Treasurers, Trustees, or other Officers of any of the Courts mentioned in the said Schedules (A.) and (B.), which were holden in trust for the Purposes of |