CA P. LIV. An Act to regulate the Office of Clerk of Assize or Nisi Prius, or Judge's Registrar, in Ireland. [15th June 1821.] WHEREAS it appears, from the Seventh Report of the Clerks of Nisi Prius not to take any Fees or Recompence the Duties of for performing their Office, except according to this Act. Commissioners appointed to inquire into the Duties, Salaries and Emoluments of the Officers, Clerks and Ministers of • Justice in all Temporal and Ecclesiastical Courts in Ireland, that • it is expedient to regulate the Office of Clerks of Assize or Nisi Prius, otherwise called Judge's Registrar, in Ireland, as hereinafter is provided:' 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 Commencement of this Act it shall not be lawful for any Clerk of Assize or Nisi Prius, or Judge's Registrar, in Ireland, or any Person acting as such, in any case or under any Pretence whatsoever, to ask, demand, receive or accept any Fee, Reward or pecuniary or other Consideration or Recompence whatsoever, for or in respect of the Performance of any of the Duties of such Office, or for or in respect of any Payment as for the Judges on the Occasion of Trials at Nisi Prius, or on the hearing of Civil Bill Appeals, or for or in respect of any Matter incident to or arising out of any such Trial, other than such Allowance as is hereinafter authorized by this Act; and if any such Penalty 5001. Officer shall offend herein, he shall, for every such Offence, forfeit and pay the Sum of Five hundred Pounds, to be recovered by Action of Debt, by any Person who shall sue for the same in any of the Superior Courts in Dublin, one Moiety to the Use of His Majesty, His Heirs and Successors, and the other Moiety to the Use of the Informer. II. And be it further enacted, That in lieu of the Fees so abolished, and of all Salaries now payable to any such Clerk of Assize or Nisi Prius, or Judge's Registrar, in Ireland, there shall be paid, at the Receipt of His Majesty's Exchequer in Dublin, out of the Consolidated Fund of Great Britain and Ireland, after the last Day of each and every Easter Term and Michaelmas Term, to every Person having held the Office of Clerk of Assize or Nisi Prius to any Judge of Assize, at the then next preceding Circuit, whether such Judge of Assize shall be one of the Judges of His Majesty's Superior Courts in Dublin or not, the Sum of Two hundred Pounds Sterling; the First of such Payments to be made after the last Day of Easter Term, which will be in the Year One thousand eight hundred and twenty two; and that after the last Day of each and every Term which shall succeed the Michaelmas Term next ensuing the Commencement of this Act, there shall be paid at the Receipt of the said Exchequer, to every Person having held the Office of Clerk of Nisi Prius to any of the Chief Judges of His Majesty's Courts of King's Bench, Common Pleas or Exchequer in Ireland, in the then next preceding Term and Sittings, the Sum of Seventy five Pounds Sterling, the First of such Payments, in respect of the said Michaelmas Term, to be made after the last Day of Hilary Term then next ensuing. M 2 III. And In lieu of all Fees and Salaries at present Sums made payable, certain payable at the Exchequer to Clerks of As size or Nisi Prius. Such Payments Registrar to lodge all Posteas with the Officers of the respective Courts within Four Days of Term next ensuing a Trial had on Circuit, or during Sittings after Term, and within Two Days after Trial had during Term. On Default, III. And be it further enacted, That every Clerk of Assize or Nisi Prius shall, on or after the last Day of the Term next succeeding each Circuit or Sittings, lodge at the Office of the Auditor General, in Dublin Castle, a Certificate from the Chief Judge of the Court, or Judge of Assize respectively, as follows: I Do hereby certify, That during the Michaelmas Term [or, Hilary, Easter or Trinity Term] and Sittings [or, during the Spring or Summer Assizes now last past, as the case may require], A. B. hath discharged the Duty of Clerk of Nisi Prius to in Person [or, by a sufficient Deputy ap • pointed for that Purpose, with my Approbation, in consequence of the Illness of the said A. B., or, in consequence of the unavoidable Absence of the said A. B., occasioned by [here • let the Cause of Absence be set forth], and proved to my Satisfaction [as the case may require].' And thereupon, and not before, such Clerk of Assize or Nisi Prius shall be entitled to receive Payment of the several Sums aforesaid, pursuant to the Directions of this Act. IV. And be it further enacted, That every Clerk of Assize or Nisi Prius, or Judge's Registrar, shall, within the first Four Sitting Days of the Term next ensuing any Trial which shall take place, either on Circuit or at the Sittings after any Term, and within Two Days after any Trial which shall take place in Term Time, lodge and deposit with the Prothonotaries of the said Courts of King's Bench and Common Pleas, and with the Clerk of the Pleas of the said Court of Exchequer respectively, the Posteas on all Records which issued from their several Courts, and which shall have been tried before the Judge to whom he shall have been appointed or acted as Clerk of Assize or Nisi Prius, or Judge's Registrar, except only in cases where such Judge shall certify on the Back of the Record that he authorizes such Clerk of Assizę or Nisi Prius, or Registrar, to postpone so lodging and depositing the Postea; and in such cases such Clerk of Assize or Nisi Prius, or Judge's Registrar, shall lodge and deposit such Record, with such the Judge's Certificate thereon, with the said Prothonotaries or Clerk of the Pleas respectively, in lieu of the Postea; and in every case where any Clerk of Assize or Nisi Prius, or Judge's Registrar, shall make Default in lodging or depositing such Posteas, or such Records, with such the Judge's Certificate thereon, in lieu thereof, within the Times and in the Manner hereinbefore limited and appointed for the so doing, it shall be lawful to and for any and every Party aggrieved thereby, at any time after such Default, to enter with the Officer of the Court in which such Postea or Record and Certificate thereon ought, according to the Provisions of this Act, to be lodged and deposited, a conditional Rule for imposing a Fine of Twenty Pounds on the Clerk of Assize or Nisi Prius, or Judge's Registrar, so making Default, for each and every such Postea or Record, and Judge's Certificate thereon, which he shall so neglect or refuse to lodge and deposit in manner hereinbefore required, within the Time by this Act limited or appointed for so doing; and every such conditional Rule shall be made absolute as of course, unless such Clerks of Assize or Nisi Prius, or Judge's Registrar, shall, within Four Days next after the Entry of such conditional Rule, show Cause, to the Satisfaction of such Court, why such conditional Rule should not be made absolute; and for the Recovery of such Fine, Process shall issue in like manner as for the Recovery of other Fines imposed by such Court. V. And be it further enacted, That in case any Clerks of Assize If Postea not or Nisi Prius, or Judge's Registrar, shall not within the Four lodged within Days next after the Entry of such conditional Rule, lodge and Four Days, deposit with the proper Officer either the Postea or the Record, Attachment to issue, unless with the Judge's Certificate thereon, in lieu thereof, an AttachCourt interpose. ment shall issue against such Clerk of Assize or Nisi Prius, or Judge's Registrar, upon the Certificate of the Officer of such Default, without further Motion, unless the Court shall in its Discretion otherwise direct. VI. And be it further enacted, That it shall not be any Part Duty of Clerk of the Duty of any Clerk of Assize or Nisi Prius to prepare or of Nisi Prius engross any Bill of Exceptions or Special Verdict, or to give any as to Bills of Copy thereof respectively; but that when and as often as any Special Verdict. Exception and Copy of any Bill of Exceptions or Special Verdict, or of the Dominical thereof respectively, shall be produced to any such Clerk of Nisi Prius by the Attorney of either of the Parties, such Clerk of Nisi Prius shall compare the same, or such Part or Parts thereof as shall be necessary, with any Originals or Documents to be then lodged with him, or which may have been then in his Custody, and shall attest and authenticate the same respectively by his Certificate and his Signature thereto. VII. And be it further enacted, That an Act made in the Forty ninth Year of the Reign of His late Majesty King George the Third, intituled An Act for the further Prevention of the Sale and Brokerage of Offices, shall extend and shall be deemed and construed to extend to prevent the Sale or Brokerage of the Office of Clerk of Assize or Ñisi Prius, or Judge's Registrar, in Ireland, in as full and ample a Manner as if such Office had been mentioned in the said recited Act, to all Intents and Purposes whatsoever. 49 G. 3. c. 126. tended to Office Assize, &c. for Misconduct VIII. Provided always, and be it further enacted, That nothing Proviso for in this Act contained shall extend or be construed to extend to Proceedings limit, abridge, bar or defeat any Remedies or Proceedings what- against Clerk soever, which might have been taken or might be taken if this Act of Nisi Prius had never been passed, against any Clerk of Nisi Prius, or Judge's previous to Act. Registrar in Ireland, for any Misconduct which may have taken place in his Office at any Time before the Commencement of this Act. IX. And be it further enacted, That this Act shall commence Commenceand take effect from and after the End of the several Summer ment of Act. Assizes in this present Year One thousand eight hundred and twenty one, and not sooner. X. And be it further enacted, That this Act may be amended, Act may be altered or repealed, in this present Session of Parliament. amended, &c. Stamp Duties on Deeds re lating to Pro perty, &c. in Ireland and G.B. respectively, how to be charged, CAP. LV. An Act to remove Doubts as to the Amount of Stamp Duties II. And ! upon or Stamp Duty on Bonds and Payment of II. And be it further enacted, That every Bond, Covenant and As to charging Agreement, for securing the Payment of Money only (where the Money so secured shall not be also charged or secured upon issuing out of any Real or Personal Property), shall be liable to Stamp Duty in manner following; (that is to say,) where there Money. shall be only one Obligor or Covenantor or Person liable to pay such Money, or where the Obligors, Covenantors or Persons liable shall be all resident in Great Britain, or shall be all resident in Ireland, such Bond, Covenant or Agreement shall be charged with the Stamp Duty payable in that Part of the United Kingdom of Great Britain and Ireland, in which such Obligor or Obligors, Covenantor or Covenantors, or Person or Persons liable, shall bona fide reside at the Time of the Execution of such Bond, Covenant or Agreement; and where some or one of several Obligors, Covenantors or Persons liable to the Payment of the Money secured by any such Bond, Covenant or Agreement, shall at the Time of the Execution thereof be bona fide resident in Great Britain or elsewhere not in Ireland, and some other or others shall be bona fide resident in Ireland, the Residences of such Persons shall be respectively truly described and expressed in such Bond, Covenant or Agreement; and such Bond, Covenant or Agreement shall be charged with the Stamp Duty payable in Great Britain, and not with any further or other Stamp Duty: Provided always, that the Payment of any Rent or of any Annuity shall be deemed to be the Payment of Money within the Meaning of this Act. III. Provided always, and be it further enacted, That nothing in this Act contained shall be construed to extend in any case to alter or affect the Stamp Duties payable in respect of Bills of Exchange or Promissory Notes, or to charge with Stamp Duty any Cheques, Drafts or Orders, which are not now liable to such Duty. Proviso as to Obligor, &c. in such Bond or Covenant, Proviso for Evidence. IV. And be it further enacted, That every Deed, Bond, Cove- Stamped Deeds nant, Agreement or other Instrument, stamped according to the to be given in Provisions of this Act, shall and may, so far as may respect the Stamp Duties thereon, be given in Evidence in any and every Court of Law or Equity, either in Great Britain or Ireland. CAP. LVI. An Act to amend an Act, passed in the Twenty second Year WHEREAS an Act was passed in the Twenty second Year 22 G. 3. c. 83. of the Reign of His late Majesty King George the Third, 'intituled An Act for the better Relief and Employment of the • Poor: And Whereas Doubts have arisen whether the Guardians, or Visitor and Guardians of the Poor, acting under the Authority of the said Act, can make effectual Sales of Houses and other Buildings, with the Land, Yards and Gardens belonging thereto or held with the same, and give effectual Discharges for and make due Application of the Purchase Money; and also whether an Omission to appoint Guardians in any Year Ꮇ Ꮞ • in ! |