Abbildungen der Seite
PDF
EPUB

XX. And be it further enacted, That wherever any Officer, Inferior OffiDeputy, Clerk or Assistant in any of the said several Courts, ex- cers, &c. on cept the principal Officer in each such Court respectively, shall applying for Salary, to proapply for Payment of the Salary due to him, or any Part thereof, duce Certificate he shall produce a Certificate from the principal Officer of the Court of Chief Officer for the time being, stating that he is the Person then holding such of Court. Office or Employment respectively, and is entitled to receive the Salary annexed by Law thereto, and then due to him as such Officer, Deputy, Clerk or Assistant.

In cases of Off-
cer dying, &c.
Executors en-

titled to Pro

XXI. And be it further enacted, That if any of the said Officers, Deputies, Clerks or Assistants, shall die in the Course of any Quarter, or shall have held his Office or Situation during Part only of any Quarter, such Officer or Clerk, or his Executors or Adminiportion of strators, shall be entitled to receive a rateable Proportion of the Quarter. Salary of such Office or Situation, for the Part of such Quarter during which such Officer held such Office: Provided always, that Executors to Executor or Administrator of such Officer deceased, whether a produce Cerprincipal Officer or other, shall, on receiving Payment of the Salary tificate. due to such Officer at the Time of his Decease, produce the Certificate of the then Chief Officer of the Court, stating that the Party deceased did, at the Time of his Decease, hold the Office or Employment in respect of which such Proportion of Salary shall be demanded, and was entitled to receive the Salary annexed by Law thereto.

any

XXII. And be it further enacted, That each of the said Three principal Officers in the said several Courts shall, at all times respectively, superintend the Conduct and Proceedings of the several other Officers and Clerks of each of the said Courts respectively as aforesaid, and shall inspect their respective Offices, and all Records, Books, Papers and Documents therein respectively; and shall hear and receive all Complaints which may be made to them the said principal Officers respectively, of or concerning any Neglect, Delay or Misconduct in any of the said Offices in the said Court respectively, or in any of the Business thereof respectively, and shall inquire into the same, and shall admonish such Officers and Clerks respectively when they shall find reason so to do, and in any case which they shall deem of sufficient Importance, shall report the Facts specially to the Court; and it is hereby declared to be the Duty of all the subordinate Officers and Clerks in the said several Courts, to submit themselves at all times quietly and respectfully to such Superintendance and Admonition as aforesaid; and if at any time any of the said Courts shall have occasion to inquire into any Neglect or Misconduct of any such subordinate Officer or Clerk, such Court shall also inquire whether the principal Officer thereof has, with reasonable Diligence, superintended the Conduct of such subordinate Officer or Clerk.

XXIII. And be it further enacted, That every Person who shall, at any time after the passing of this Act, be appointed to be an Officer or Clerk of or in any of the Offices in the said several Courts in this Act and the Schedules thereto annexed, mentioned and specified, shall be and is hereby declared to be incapable of practising as an Attorney or Solicitor in any Court of Law or Equity in Ireland, either separately or in Partnership with any other, during such Time as such Person shall hold the Situation, Office or Employment of

an

Principal Offi-}

cers to super-
intend and di-
Officers in the
several Courts;

rect subordinate

and, if neces

sary, report to

the Court.

Officers of the

Courts here. after to be appointed disabled from practising as Attornies.

[merged small][ocr errors]

t

[blocks in formation]

Courts may re-
move or fine

Officers for

Misconduct.

an Officer or Clerk in any of the said Offices; and if any Person, who shall be so appointed, shall practise as such Attorney or Solicitor while he shall hold the Situation, Office or Employment to which he shall be so appointed, contrary to the true Intent and Meaning of this Act, such Person shall, for every such Offence, forfeit and pay the Sum of Fifty Pounds.

XXIV. And be it further enacted, That it shall not be lawful for any Officer of any of the said several Courts to cause or direct, or knowingly to permit any Copy of any Pleading, Affidavit, Order, Judgment or other Thing belonging to their respective Offices, or any Part thereof, to be made in any other Place or by any other Person, than in the proper Office of such Officer, and by a Writing Clerk employed by such Officer in such Office; and every such Officer shall be responsible for the Accuracy of every Copy so made in his Office, and for the same being duly compared with the Original from which it shall be made; and every such Officer who shall cause or direct, or knowingly permit any Copy to be made con-. trary to this Act, shall, for every such Offence, forfeit the Sum of Twenty Pounds.

XXV. Provided always, and be it enacted, That if at any Time it shall be ascertained, by Affidavit or otherwise, to the Satisfaction of the Chief Judge of any of the said several Courts, that any Officer of such Court hath not in his Office sufficient Room for the reasonable Accommodation of himself, his Deputy and Assistants, and of a sufficient Number of Clerks to do and perform the Business so required to be done in such Office as aforesaid, then, in every such case, it shall and may be lawful to and for such Chief Judge to make an Order, declaring that the same has been so proved, and that it shall be lawful for such Officer to cause or direct or permit any such Copy, or any Part thereof, to be made in any Place whatsoever, and by any Person whomsoever; and every such Order shall be good and valid, and shall be a sufficient Justification in all Respects to any Person acting in pursuance thereof, for one Year from the Date thereof, unless sooner. rescinded, and such. shall and may be renewed from time to time, until by reason of new. Buildings or new Arrangements or otherwise, sufficient Room shall have been obtained for the Purposes in that Behalf aforesaid.

:

XXVI. And be it further enacted, That it shall and may be lawful to and for the said Courts of King's Bench, Common Pleas, and Exchequer respectively, on Complaint duly made, and after full Inquiry into the alledged Grounds thereof by Affidavit or otherwise, as they shall think fit, respectively to remove any Officer of the said Courts respectively, as well the principal Officer as others, from his Office, for any Offence or Misconduct in such Office which such Court shall deem deserving of such Punishment, and thereupon such Officer shall cease to hold or be entitled to such Office ; and it shall be lawful for the said Courts, on Complaint and Inquiry as aforesaid, to inflict upon any Officer, for any minor Offence, such Punishment, by way of Fine, as to such Court shall seem expedient.

XXVII. And in order to secure the Payment of the Stamp Duties which are or may be required by Law, in respect of certain Copies and other Matters, Be it enacted, That it shall and may be lawful require of Per- to and for each and every Officer and Clerk in any of the Offices

Officers may

of

&c.

of any of the several Courts aforesaid, to demand and receive sons applying of and from any Person who shall apply to such Officer or Clerk for Copies of to obtain any Copy whatsoever, or to have any other Business of Pleadings, &c. such Office done for him, or for any Person or Persons at his Deposit for Stamp Duties, Desire, which according to Law ought to be on a Stamp or Stamps, or to be in Writing, a Deposit in Money to the Amount of the Stamp Duties requisite, and if the same is to be delivered out of such Office, and not to remain therein, then to the Amount of the Paper or Parchment which shall be required for the same; and no such Officer or Clerk shall be bound to commence such Business, or to take any Step towards the Execution thereof, until such Deposit, when so demanded, shall have been paid.

Suitors not compelled to take Copies of Records, unless

they think requisite so to do.

XXVIII. And be it further enacted, That no Suitor in the said several Courts, nor any other Person, shall in any case be required to take out any Copy of any Record, Pleading, Affidavit or other Document or Proceeding whatsoever, drawn, prepared or filed by, for or on Behalf of such Suitor or such other Person, unless such Suitor or other Person shall find it necessary or deem it proper to demand the same in any of the said Courts. XXIX. And be it further enacted, That in every Copy or En- Office Sheets to rolment of any Pleading, Record, Matter or Proceeding in any of the said several Courts which shall issue or be given out of any such Court or any of the Offices thereof, there shall, in each Office Sheet thereof, be Seventy two Words and no more, save only and except when there shall be but one Office Sheet in such Exception. Copy or Enrolment; or if there shall be more than one, then, save and except in the last Sheet thereof; and in any of the said Cases such single or last Sheet may contain any Number of Words not exceeding Seventy two Words.

contain 72 Words.

XXX. And be it further enacted, That every Roll shall consist Roll to contain of Seven hundred and twenty Words, and that there shall not in 720 Words. any Enrolment be more than one fractional Part of a Roll, which fractional Part shall be either the Conclusion or the Entire of such Enrolment; and if such fractional Part shall contain Three hundred and sixty Words or more, the same shall be deemed and taken to be a Roll to all Intents and Purposes; and if the same shall not contain Three hundred and sixty Words, the same shall be deemed and taken to be a Half Roll.

XXXI. And be it further enacted, That from and after the passing of this Act, if any Officer in any of the said several Courts shall receive any Sum of Money as and for a Deposit, on account of the Stamps which are or shall from time to time be required by Law, for or in respect of the Enrolment of any Judgment or other Matter requiring Enrolment, and shall not within One Calendar Month next after having so received such Sum of Money, complete or cause to be completed such Enrolment accordingly, every such Officer shall, for every such Offence, forfeit and pay the Sum of Fifty Pounds.

XXXII. And be it further enacted, That there shall be kept in the Prothonotaries Office, in the said Court of Common Pleas, one or more Book or Books, containing a List of all Common Recoveries of Lands suffered at the Bar of the said Court, together with the Dates thereof, the Names of the Demandants and Tenants, and of all Vouchees therein, except the Common 1 & 2 GEO. IV. Vouchers,

L

Less than 360

Words deemed

a Half Roll.

Officer receiving Money.

for Stamps to enrol Judgment within

One Month.

Penalty 501. Lists of Recoveries to be kept in the

Common Pleas.

Court to ex

notaries, &c. whether Recoveries are enrolled, &c.

Vouchees, and of the Counties respectively in which the Lands are situate, and that all such Recoveries shall be enrolled immediately after they shall have been suffered respectively.

XXXIII. And be it further enacted, That on the First Sitting amine Protho- Day of each Term, the Judges of the said Court of Common Pleas shall examine on Oath the Prothonotary, or Person then acting as such, and also all and every such other Officer or Officers, and Person or Persons whom they shall think proper, touching the Enrolment of all Common Recoveries suffered in the Term next preceding; and if on such Examination it shall appear that all such Recoveries shall not have been duly enrolled, then such Court shall examine in like manner into the Cause of such Omission, and thereupon any Person whom the Court shall think guilty of any Fault or Misconduct therein, shall and may be fined at the Discretion of the Court, or in case of any gross Neglect or Misconduct shall be dismissed from his Office.

[graphic]
[graphic]

Punishment.

Exemplifica tions made only on Requisition.

Clerk of King's
Silver united to
Chirographer.

Power of Offi

to cease.

XXXIV. And be it further enacted, That no Common Recovery shall be exemplified, unless the Person or Persons, or some of the Persons suffering the same or interested under the same, shall require the same to be exemplified.

XXXV. And be it further enacted, That the Office of Clerk_of the King's Silver in the said Court of Common Pleas shall, after the commencement of this Act, be united to and form Part of the Office of Chirographer and Custos Brevium in the said Court, and that the Duties of all the said Offices shall be discharged and executed by one Officer, who shall be called the Chirographer.

XXXVI. And be it further enacted, That from and after the cers taxing Bills Commencement of this Act, all and every Right, Power and Authority now existing in any of the Officers of any of the said several Courts of the Civil Side of the Court of King's Bench, the Common Pleas, or the Pleas or Common Law Side of the Court of Exchequer, for the taxing of Bills of Costs in any case whatsoever, shall cease and determine.

Two Officers appointed by Lord Lieuten

ant to tax Costs

in said Courts and in Ex

chequer Cham

ber, &c.

XXXVII. And be it further enacted, That at any time after the Commencement of this Act, it shall and may be lawful to and for the Lord Lieutenant, or other Chief Governor or Governors of Ireland, from time to time, to appoint Two Officers, who shall be and be called Taxing Officers in Common Law Business, and who shall hold their said Offices respectively during good Behaviour, and shall have separate Offices, and shall therein separately and respectively have full Power and Authority to tax all Bills of Costs in Common Law Cases of a Civil Nature, that is to say, all Bills of Costs of or for any Business of a Civil Nature, of or in any of the Three Courts aforesaid, or of any Proceedings at Nisi Prius, in or issuing out of any of the said Courts respectively, and also all Bills of Costs of and in the Court of Error, commonly called the Court of Exchequer Chamber, and of and in the Court of Appeals, and also all Bills of Costs for or relating to all such • Business of Conveyancing, as shall be in anywise connected with any such Business of the said Courts respectively, which shall be so taxed; and that from and after the Commencement of this Act, no such Costs shall be taxed by any other Officer or Person whomsoever.

XXXVIII. And

Annum each.

XXXVIII. And be it further enacted, That each of the said Salaries of TaxTaxing Officers shall be entitled to receive out of the Consolidated ing Officers Fund of the United Kingdom of Great Britain and Ireland the 12001. per yearly Sum of Twelve hundred Pounds, the same to be payable by Four equal Quarterly Payments in every Year, that is to say, on every Fifth Day of January, Fifth Day of April, Fifth Day of July, and Tenth Day of October in every Year.

[graphic]

Officers.

XXXIX. And be it further enacted, That every such Taxing Attendance of Officer shall attend in his Office on every Day of the Week, such Taxing except Sunday, from Eleven of the Clock in the Forenoon until Four of the Clock in the Afternoon, for the Taxation of such Bills of Costs of the Description aforesaid as shall be brought to him for that Purpose; and every such Officer shall have full Power Power of Sumto issue Summonses to any Persons to attend him, and shall, in mons and Exdefault of Attendance by the Party or Parties summoned, pro- amination. ceed ex parte on the first Summons, the Service thereof being duly proved before him, and no sufficient Ground being laid before him for postponing such Proceeding; and every such Officer shall have Power to take Affidavits and to administer Oaths or Affirmations relating to such Summonses, and the Service thereof, and the Attendance thereon, and also in all Matters relating to the Taxation of the Bills of Costs concerning which he shall think proper to require any such Affidavit or Examination.

Summons to

tax Costs.

XL. And be it further enacted, That a Copy of every Bill of Delivery of Bill Costs intended to be taxed shall be delivered to the adverse and Service of Party, Three Days at the least (Sundays excepted) before the issuing of any Summons for taxing the same; and that every Summons to attend the Taxation of such Bill shall be served on the Party required to attend at least Twenty four Hours before the Time fixed for attending; and that the said Taxing Officers Accounts kept shall keep Books, in which they shall enter an Account of all by Taxing Bills of Costs, taxed by them, specifying therein the Parties Names, the Date of Taxation, the Amount of the Bill delivered, and the Amount of Costs allowed and certified on the Taxation.

Officers.

&c.

XLI. And be it further enacted, That such Taxing Officers shall Taxing Officers be in all respects equal the one to the other, and shall divide to divide Busibetween them the said Business of Taxation, according to such ness equally, Mode and Arrangement as they shall agree on between themselves; and if they shall not so agree, then according to such Mode and Arrangement as shall be ordered and directed from time to time by the Chief Justice of the Court of King's Bench for the time being.

XLII. Provided always, and be it enacted, That every such Holidays and Taxing Officer shall be excused from any Attendance on the Vacations of Business of his said Office on Good Friday, and also on Christmas Taxing Officers. Day, and on the King's Birth Day, or Day which shall be celebrated as such, in every Year; and that in Easter Week, and from Christmas Day to and on the First Day of January, and in the Months of August, September and October in every Year, it shall not be deemed necessary that more than One of the said Taxing Officers should be in Attendance for the Taxation of such Costs, and if One shall be so in Attendance, it shall be lawful for the other to be absent; and that it shall be lawful to and for the said Taxing Officers to arrange between themselves at what particular

[graphic]

L 2

Times

« ZurückWeiter »