which such Actions or Prosecutions are or shall be depending; and such Summonses and Orders shall be of the same Force and Effect as if such Justices of the Courts of King's Bench and Common Pleas, and Barons of the Exchequer, were respectively Judges of the Court in which such Actions or Prosecutions are or shall be depending. No Fees to be this Act, and in additional yearly Salaries herein mention ed to be paid to them. LIX. And be it further enacted, That from and after the Commencement of this Act, no Fee whatsoever shall on any Occasion taken by Judges or Account be payable to any of the Judges of the Courts of after ComKing's Bench or Common Pleas, or to any of the Barons of the mencement of Court of Exchequer in Ireland, and that in lieu of all Fees here- lieu thereof the tofore payable or paid to the said Judges and Barons respectively, and of all and every Income and Emolument derived to such Judges and Barons respectively thereby, there shall be payable to the said Judges the several yearly Sums hereafter in that Behalf respectively mentioned; that is to say, to the Chief Justice of the Court of King's Bench, the yearly Sum of One thousand five hundred pounds; to the Chief Justice of the Court of Common Pleas, the yearly Sum of One thousand five hundred Pounds; to the Chief Baron of the Exchequer, the yearly Sum of One thousand five hundred Pounds; and to each of the other Justices and Barons of the said Courts respectively, the yearly Sum of Eight hundred and fifty Pounds; and the said several Sums are hereby charged and made payable, and shall be paid to the said Chief Justices, Chief Baron, Judges and Barons respectively, out of the said Consolidated Fund, in addition to the yearly Salaries or Payments to the said Chief Justices, Chief Baron, Judges and Barons respectively, to which they are now respectively entitled by Law, and at such Times and in such Manner as such yearly Salaries and Payments are now respectively payable. not sufficient to compensate Loss by Fees, further Allowances to be made on Certificate of Com · LX. And Whereas it may happen that the said additional Salaries may be insufficient to compensate some of the said Judges for the Diminution of their Income, by the Abolition of all Fees heretofore payable to them;' Be it therefore enacted, That it shall and may be lawful to and for the Commissioners ap- If such addipointed to inquire into the Duties, Salaries and Emoluments of the tional Salary Officers, Clerks and Ministers of Justice in all Temporal and Ecclesiastical Courts in Ireland, and they are hereby authorized and required, upon the Desire being expressed by any of the said Judges to that Effect, to ascertain, in like manner as is hereinbefore directed in other cases, the Annual Amount of the Fees of any such Judge on the Average of Seven Years next preceding the First Day of January One thousand eight hundred and twenty one, and to certify under the Hands and Seals of the said Commissioners, or any Three of them, the average Annual Amount of such Fees, and the Difference between such Amount, if any, and the additional Salary provided for such Judge by this Act; and every such Certificate shall contain a Statement of the particular Fees on which such Average shall be taken as aforesaid, and also of the Fees excluded from such Average; and every such Certificate shall be filed in manner hereinbefore required by this Act, and thereupon there shall be paid to every such Chief Justice, Chief Baron, Judge or Baron, who shall have caused missioners of Inquiry. Salaries to be free of Taxes. Courts may order Sums not be paid into the Officers to proceed in Accounts, Inquiries, &c. peremptorily on the first Summons. 1 Regulation as to serving, &c. of Summonses. caused such Certificate to be so filed, a yearly Sum equal to the Excess of such average Annual Amount of such Fees, so long as he shall continue in Office, over and above the said additional Salary to which such Chief Justice, Chief Baron, Judge or Baron will be entitled as aforesaid under this Act, and which said additional Annual Sum shall be paid out of the same Fund, and at the same Time, and in the same Manner as the said additional yearly Salary under this Act. LXI. And be it further enacted, That all the Salaries and Allowances made payable by this Act out of the Consolidated Fund shall be paid and payable free and clear of all Taxes and of all Deductions whatsoever for Fees, Pells, Poundage or otherwise. LXII. And be it further enacted, That whenever any of the said several Courts shall deem it necessary or conducive to Justice, that any Sum of Money, not being less than the Sum of Twenty Pounds, should be brought in by any Party or Person, so as to be under the Orders and Disposition of the Court, it shall and may be lawful for the said Court to make an Order that such Money shall be lodged and deposited in the Bank of Ireland, to the Credit of the proper Cause or Matter, in the Name and with the Privity of the Chief Officer of such Court, and such Money shall be lodged and deposited accordingly, and shall from time to time be drawn out or be transferred by such Chief Officer respectively, by and under the Orders of the Court, as such Court shall deem fitting and just. LXIII. And be it further enacted, That on any Account or Inquiry, or other Matter whatsoever, which shall be referred to or shall be depending before any Officer of any of the said several Courts, or which such Officer shall have Authority or Power to proceed in, or to determine or report upon, and for, upon or relative to which it shall be necessary or proper to summon any Party or Parties, or Person or Persons whomsoever, such Officer shall proceed peremptorily on the First Summons which shall appear to him to have been duly served, and shall, at the Time and Place appointed in such Summons, hear the Parties, if they shall attend, and if only one Party shall attend, and the other Party shall make default, and no sufficient Excuse for such Default shall be laid before such Officer, he shall then proceed ex parte, in like manner as such Officer would, according to the Practice heretofore used, have proceeded upon a Third or peremptory Summons; and the Proceedings, Report or Decision of such Officer, upon such Account, Inquiry or other Matter whatsoever, shall be subject to the Order, Direction and Controul of the Court in all respects as heretofore. LXIV. Provided always, and be it enacted, That every such Summons shall be served on the Party required to attend Three clear Days at least (exclusive of Sundays) before the Time fixed for the Attendance, and that the precise Object for which such Summons is issued shall be stated in the same, or at the Foot thereof; and the Taxing Officers and the principal Officers of the said Courts shall and they are hereby required to keep Books, and to enter therein in alphabetical Order every Summons which they shall issue, the Hour appointed for Attendance, and the Object for for which such Summons is issued; and such Books shall at all ́reasonable Times, during the Attendance of such Officers, be open for Inspection without Fee or Reward. proceeding LXV. And be it further enacted, That it shall not be lawful for Oath to be any Commissioner appointed for Inquiry into the Duties, Salaries taken by Comand Emoluments of the Officers, Clerks and Ministers of Justice missioners of in all Temporal and Ecclesiastical Courts of Justice as aforesaid, Inquiry, before to proceed in the making any Inquiry by this Act directed or required to be made, until such Commissioner shall have previously taken and subscribed the following Oath, which Oath any One of the said Commissioners of Inquiry is hereby authorized to administer; that is to say, under this Act. A. B. do swear, That I will well and truly, without Favour or Oath. Ill Will, and according to the best of my Skill and Judgment, inquire into and certify the several Matters which I shall or may be required to inquire into and certify under the Provisions of an Act passed in the Second Year of the Reign of King George the Fourth, intituled [here set forth the Title of this Act]. 'So help me GOD.' LXVI. And be it further enacted, That Copies of all Certificates Copies of Cerrequired by this Act to be given by the Commissioners of Inquiry tificates of Comfor the Purpose of ascertaining the Amount of any Compensation missioners of Inquiry to be granted or made payable under this Act, shall be transmitted by laid before Parthe said Commissioners to the Office of the Chief Secretary to the liament, &c. Lord Lieutenant or other Chief Governor or Governors of Ireland, and shall be laid before both Houses of Parliament at the Commencement of the Session of Parliament next ensuing the Date of such Certificate; or if Parliament shall be then sitting, then within Fourteen Days next after the Date of such Certificate; and that in case no legislative Provision shall be made for the Compensation of the several Officers whose Claims shall have been so decided upon by the Commissioners of Inquiry under this Act, in the Course of the Session in which such Certificate shall be laid before Parliament, the said Certificate shall then, and not before, become final and conclusive to all Intents and Purposes what soever. • LXVII. And Whereas the Rights of the Crier and the Usher of the Courts of Exchequer have not as yet been sufficiently In what case clusive. Usher of the chequer to be ' ascertained;' Be it enacted, That the Commissioners of Inquiry Emoluments of as aforesaid shall proceed to investigate the Fees and Emoluments the Crier and of the said Officers; and that their Report upon the same shall be laid before both Houses of Parliament within One Month after the Commencement of the Session of Parliament next ensuing the Commencement of this Act; and that the said Report shall be made in like Manner as has been hereinbefore provided for the Certificates of the average Profits of the Prothonotaries and Filacer of the said Court. LXVIII. Provided always, and be it further enacted, That Proviso for nothing in this Act contained shall extend or be construed to ex- Remedies for tend, to limit, abridge, bar, prejudice or defeat any Action or Misconduct in Indictment, or any Remedy or Proceeding whatsoever, which at any time heretofore may or might have been brought, found, had Officers. or or taken against any Officer, Deputy or Clerk, in or under any of the said Courts hereinbefore mentioned, for or in respect of any Misconduct in Office which may have occurred or taken place, or which may take place at any time before the Commencement of this Act, but that all such Actions, Indictments, Remedies and Proceedings for any such Misconduct may be brought, found, had or taken, as if this Act had never been made. LXIX. And be it further enacted, That any Penalty imposed by this Act, amounting to less than the Sum of Fifty Pounds, shall and may be recovered in a summary Way, on Complaint or Motion to the Court to which the Offence where such Penalty shall be incurred shall relate; and it shall be lawful for such Court, after receiving such Evidence as they shall think proper, to make an Order for the Payment of such Penalty; and that any Penalty imposed by this Act, which shall amount to and not exceed the Sum of Fifty Pounds, shall and may be recovered by any Party who will sue for the same, by Civil Bill before the Chairman of the Sessions at Kilmainham; and that all Penalties exceeding the Sum of Fifty Pounds shall and may be recovered by any Party who shall sue for the same, by Action of Debt, Bill, Plaint or Information, in any of the Three Courts of Common Law aforesaid, wherein no Essoign, Protection nor Wager of Law shall be allowed, nor more than One Imparlance; and that One Moiety of all Penalties imposed by this Act shall be to the Use of His Majesty, His Heirs and Successors, and the other Moiety thereof to the Use of the Person who shall sue for the same. LXX. And be it further enacted, That if in any Oath or Affirmation required or authorized to be taken, or on any Examination or Inquiry on Oath, required or authorized to be made by this Act, any Person shall swear or affirm falsely, such Person shall, on Conviction thereof, be adjudged guilty of wilful and corrupt Perjury, and shall be punished accordingly. LXXI. And be it further enacted, That this Act, and every Clause and Matter therein, shall commence and have Effect from and after the Sixteenth Day of June in this present Year One thousand eight hundred and twenty one, and not sooner, save and except in cases where any Clause, Matter or Thing is expressly directed to take Effect from the passing of this Act. LXXII. And be it further enacted, That this Act may be amended, altered or repealed, during the present Session of Parliament. ་ SCHED SCHEDULES referred to by and made Part of the foregoing Act. SCHEDULE (A.) Describing the several Officers in the Civil Side of the Court of King's Bench in Ireland, who are to hold their Offices during good Behaviour; their Duties and Salaries respectively; and the Assistants and Clerks whom such Officers are required to employ, and for whom they are to be responsible. THE PROTHONOTARY:- In addition to the general Superintendence which he is directed to exercise by the Act to which this Schedule is annexed, he is to have the Custody of all Cognovits, Judgment Rolls, Judgment Books and Memorials of Judgments; and he is also (by himself or his' Assistant Clerks in that Behalf) to enter on the Record all Assignments and Satisfactions of Judgments, and to make Searches for Judgments, and to give under his Hand Certificates positive and negative thereof, and to furnish and attest Copies of Judgments; and he is also to have the Custody of all Records in the Civil Side of the said Court, and to prepare or cause to be prepared, by the Three General Clerks hereinafter mentioned, all Transcripts of Records for the Court of Error, and all Enrolments of the Records in the Civil Side of the said Court, and all Judicial Writs and all Records for Trial at Nisi Prius; and generally he is to do all official Business whatever in the Civil Side of the said Court, which it is not the proper Duty of any of the other Officers of the said Court to do Assistants to the said Prothonotary, to be appointed by him: Three General Clerks for making out all Judicial Writs, and all Records for Trial at Nisi Prius, and all Enrolments of the Records in the Civil Side of the said Court, and the Transcripts of Records for the Court of Error; and for that Purpose the said Three General Clerks are to be allowed the reasonable Assistance of copying, writing and engrossing Clerks, the Remuneration of the said copying, writing and engrossing Clerks to be paid and satisfied out of the Incidents of the said Court, in manner provided for by the Act to which this Schedule is annexed; Salary to each of the said Three Clerks The said Three General Clerks are not to make any Charge A principal Assistant Clerk to assist in all the other Business of A second Assistant Clerk in the same Business CLERK |