CAP. LXXXII.

Act to abolish the Sale of Offices in the Court of King's Bench in England, to make Provision for the Lord Chief Justice of the said Court, and to grant an additional Annuity to the said Lord Chief Justice on Resignation of his Office. [5th July 1825.]

WHEREAS the several Offices of Chief Clerk, Clerk of the Treasury and Custos Brevium, and Filazer, Exigenter d Clerk of the Outlawries of the Court of King's Bench in gland, are in the Gift of the Lord Chief Justice of the same urt, and deemed to be saleable by him, as and when the same m time to time become vacant: And Whereas the several fices of Clerk of the Rules on the Plea Side, Clerk of the pers on the Plea Side, Clerk of the Declarations, Clerk of the mmon Bails, Estreats and Posteas, and Clerk of the Dockets the same Court, are in the Gift of the said Chief Clerk and emed to be saleable by him; and the several Offices of Clerks the Inner and Outer Treasury, Clerks of Nisi Prius in Lonm and other Cities, and on the several Circuits and Bagbearer a the Plea Side of the same Court, are in the Gift of the said ustos Brevium, and deemed to be saleable by him: And Whereas the said several Offices are held for the respective ives of the Persons now holding the same (or for the Life of e Survivor of Two Persons where the Office is now vested in vo Persons), and the Emoluments thereof are derived entirely m the Fees payable by the Suitors of the same Court; and ae thereof are and for many Years past have been executed Deputy; and the Emoluments of some others thereof, which executed in Person, are greater than the Nature and Duties reof, considered apart from other Circumstances relating reto, would require: And Whereas it is expedient to abothe Sale of all such of the said Offices as are now saleable, thout Prejudice however to the Rights of any of the Persons w holding the same, or having the Right of Appointment ereto, except only the Lord Chief Justice of the said Court; hereby a more uniform and more constant Provision may be ade for maintaining the Honour and Dignity of the Office of ord Chief Justice of the same Court, and a Fund may be hereter raised, which may be applied towards the Payment of the alaries of the Chief Justice and other Judges of the same ourt, in ease of the public Revenue;' Be it therefore enacted the King's most Excellent Majesty, by and with the Advice d Consent of the Lords Spiritual and Temporal, and Commons, this present Parliament assembled, and by the Authority of

e same, That the said Offices of Chief Clerk, Clerk of the Certain Offices easury and Custos Brevium, and Filazer, Exigenter and Clerk after they bethe Outlawries, shall from and after the passing of this Act,

come vacant to

be no longer

d the said several Offices hereinbefore mentioned to be in the saleable, and ft of the said Chief Clerk, shall from and after the Time when future Appoint2 said Office of Chief Clerk shall become vacant, and the said ments to be reeral Offices hereinbefore mentioned to be in the Gift of the gulated by this. d Custos Brevium, shall from and after the Time when the Office of Custos' Brevium shall become vacant, be disposed

Hh 2

of;

Act.

How far the

said Offices to be executed in Person.

Appointments made by Chief Justice, without

Fee and quam diu se bene gesserint.

Proviso for executing by De

puty.

Remedy in case of Misbehaviour.

of; and all Appointments to the said respective Offices, as the may respectively become vacant, shall be made according to th Directions of this Act and not otherwise; and all and every Persons to be so appointed to the said several Offices, shall co tinually execute the same in Person and not by Deputy, u for some reasonable Cause to be allowed, as hereinafter ment ed; and every such Officer and his Deputy, to be appointed cording to the Directions of this Act, shall be deemed and tak to be a public accountable Officer, to all Intents and Purpost and shall severally account for the Fees and Emoluments of h Office, according to the Directions of this Act.

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II. And be it further enacted, That all Appointments to th said several Offices to be made by virtue of this Act shall made by the Lord Chief Justice of the said Court for the T being, by Warrant under his Hand and Seal, without any Gratuity or Reward, to be directly or indirectly paid to or ceived for the same; and every such Appointment shall be and shall be in such Warrant expressed to be made, during good Behaviour of the Person appointed, and for so long only as the Person appointed shall execute the same in Pe Provided always, that no such Office shall be vacated by reas of the Officer's not executing his Office in Person, if he shall e cute the same by some Deputy to be appointed by virtue of Act; nor in Cases of occasional Illness or other like necessa Cause of Absence, not continuing more than Two Months at a one Time.

III. And be it further enacted, That if any Person to be pointed by virtue of this Act shall demean himself in any Manne contrary to the true Intent and Meaning hereof, or others: misbehave himself, it shall be lawful for the said Court to hear a decide upon such Misbehaviour, and also to hear and determ all Complaints that may be made against such Person in a s Compensation. mary Way, and by Rule of the same Court to order Compens tion to be made to any Person injured by such Misbehaviour, to fine such Offender, or to make void his Appointment, or pa the Offender by all or any the Ways aforesaid, as to such Court its Discretion shall seem fit.

How and for what Cause a

Deputy may be appointed.

Salaries and Allowances to the Officers,

how regulated.

IV. Provided always, and be it further enacted. That in ca any Officer to be appointed by virtue of this Act shail, by Health or other Infirmity, become incapable of discharging th Duties of his said Office, or shall for any other reasonable Cau to be allowed by the said Lord Chief Justice, be desirous of ing relieved from the Discharge of the Duties thereof, eit permanently or for a certain Time only, it shall and may be ful for the said Chief Justice to appoint some fit and proper son to act as the Deputy of such Officer; the Cause of such! pointment being always distinctly mentioned and specified in Warrant of such Appointment.

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V. And be it further enacted, That it shall and may be las to and for the Lord Chief Justice of the said Court and the Le High Treasurer or any Three or more of the Commissioner His Majesty's Treasury of the United Kingdom of Great tain and Ireland for the Time being, and they are here required, by some Writing under their respective Hands, to ascer

tam

Officers to re

ceive accustomed Fees only;

and account for Surplus. Officers to keep Books of Account;

in for and allow to every Officer and Deputy, to be appointed virtue of this Act, for himself, his Clerks and Assistants, and e Expences of his Office, such Part or Parts of the Fees and moluments lawfully belonging to his Office, as to them shall em reasonable, and from time to time to alter and vary the same * Occasion may require; and every Officer and Deputy to be so ppointed shall demand and receive all and every the Fees and moluments lawfully belonging to his said Office, whether the ne have been heretofore received by or deemed to belong to principal Officer or his Deputy or Deputies, and no more or er Fees, Emoluments or Perquisites whatsoever; and shall to retain their in thereout for his own Use, and in the Case of a Deputy, Salaries; the Use also of his Principal, such Part or Parts thereof and more, as shall and may have been from time to time so ascered and allowed as aforesaid; and shall duly account for all as received and paid in Manner hereinafter directed. I. And be it further enacted, That every Officer and Deputy Je appointed by virtue of this Act shall keep One or more ok or Books, and shall cause to be duly and regularly entered rein all and every Sum and Sums of Money by him received id paid, and shall submit the same to the Inspection of the said ord Chief Justice, and of the said Lord High Treasurer and ommissioners of the Treasury, whenever it shall be thereto reired; and shall also, within One Month after the End of every and render an rm, render a true and faithful Account in Writing (to be veri- Account to upon Oath if required) to the said Lord High Treasurer or nmissioners of the Treasury for the Time being, of all Sums of ney by him received and retained or paid, up to the last Day lusive of the Term next immediately preceding the rendering such Account; and shall also, within the same Period, pay r the Balance of such Account, if any, into the Receipt of His jesty's Exchequer: Provided always, that if upon the Exami- Disallowances ion of any such Account it shall appear to the said Lord High in Accounts. easurer or Commissioners aforesaid, that any unreasonable or proper Charge or Deduction has been made therein, the same all be disallowed by the Treasurer or Commissioners, and the mount of all and every Sum of Money so disallowed shall, thin Ten Days after such Disallowance thereof shall be noed to such Officer or Deputy, be paid by him into the Receipt

1

Treasury.

His Majesty's Exchequer; and the said Treasurer or Commis- Accounts to be ners shall cause Copies of all such Accounts to be laid before laid before Parch House of Parliament, at the Commencement of the Session liament. Parliament next after the rendering thereof, and all Sums so aid into the Receipt of the Exchequer shall be carried to the redit of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, a separate Account being kept thereof: rovided always, that no Lands, Tenements or Hereditaments of Proviso as to my Officer or Person who by virtue of this Act may be required Charge on pay any Sum or Sums of Money, which would otherwise be Lands, &c. ayable to the said Lord Chief Justice, shall by reason thereof e charged with any such Sum or Sums of Money, or be deemed bject or liable to the Payment thereof, or to answer or make

ood the same.

Where Deputy allowed, Principal is to re

ceive his autho

rized Portion of the Fees,

Clerk of Papers and Clerk of Declarations consolidated.

Salary to the Lord Chief Justice payable quarterly,

in lieu of Fees, &c.

VII. And be it further enacted, That whenever any Deputy shall be appointed, and any Portion of the Fees and Emoluments of Office shall be directed to be allowed and paid to the principa Officer, in pursuance of this Act, such Portion shall be duly pai over to the Principal, before the rendering of the Account hereb required next after the Time when such Portion shall become payable, and a proper Receipt for the same shall be exhibite at the Time of rendering such Account; and no principal Officer shall be deemed answerable or accountable for any Sum of Money received by any such Deputy as aforesaid.

VIII. And be it further enacted, That the several Offices of Clerk of the Papers and Clerk of the Declarations shall, so soon as an Appointment thereto may be made by Authority of this Act, be consolidated into one Office, and be executed by one and the same Person.

IX. And Whereas it will be necessary to make due Provisi for the Maintenance of the Honour and Dignity of the Office 'Lord Chief Justice of the said Court, in lieu of the valuable Fi 'tronage hitherto enjoyed by the Person from time to time fing the said Office and which will be taken away by this Act; it is expedient that the Lord Chief Justice of the said Com 'should receive a Salary, to be fixed by Parliament, in lieu d all pecuniary Fees and Emoluments now received by him: B it therefore further enacted, That the annual Salary of the Lord Chief Justice of the said Court for the Time being shall be the Sum of Ten thousand Pounds; to be computed and commence, in the Case of the present Lord Chief Justice, from the Begin ning of the Quarter current at the Time of the passing of this Act, and to commence and be computed, in the Case of every succeeding Lord Chief Justice, from the Death or Resignation of his immediate Predecessor, in like Manner as if his Writ or Ap pointment bore Date the Day next subsequent to the Day of the Death or Resignation of his Predecessor; and that there shall be issued, and paid and payable out of, and charged and chargeable upon the said Consolidated Fund (after paying and reserving suf ficient to pay all such Sum and Sums of Money as have been di rected by any former Act to be paid out of the same, but with Preference to all other Payments which shall or may hereafter b charged upon or payable out of the said Fund) to the present Lord Chief Justice of the said Court and to his Successors, as an Augmentation of his and their Salary, and in lieu of all Fees and pecuniary Profits belonging to the said Office, so much Money as will make the Salary usually received by the Lord Chief Jus tice of the said Court for the Time being, from the Civil List after deducting from the Amount of such last mentioned Salary all Land Tax, Pension Duty and other Duties charged upon the same or upon the said Lord Chief Justice, in respect of his Office and also all Sums of Money paid by the said Lord Chief Justice for Rolls, Books and Dockets provided for the Use of the Officers of the said Court or of the Suitors thereof, according to ancient and present Usage, the annual Sum of Ten thousand Pounds hereinbefore mentioned; which said Sums, to be issued in p suance of this Act, shall from time to time from henceforth be paid and payable quarterly, free and clear from all Taxes and

Deductions

Deductions whatsoever, on the Fifth Day of January, the Fifth Day of April, the Fifth Day of July and the Tenth Day of October in each Year, by even and equal Portions, together with a rateable Proportion of the Quarter current at the Time of the and a ProporDeath or Resignation of any such Lord Chief Justice, up and tion to Death home to the Day of his Death or Resignation; the first Payment or Resignation. thereof to be made on such of the said Days as shall first happen

next after the passing of this Act.

His Majesty may grant to any Person who cuted the Office of Chief Justice of the King's Bench an Annuity as herein mentioned,

may have exe

X. And be it further enacted, That it shall be lawful for His Majesty, His Heirs and Successors, by any Letters Patent under he Great Seal of Great Britain, to give and grant unto any Person who may or shall have executed the Office of Chief Justice of the Court of King's Bench, an Annuity or yearly Sum of Money, not exceeding the Sum of Two hundred Pounds, and the said Annuity shall be in Addition to and in Augmentation of the espective Annuities or yearly Sums allowed to be given and granted to such Chief Justice, under the Provisions of an Act of the Thirty ninth Year of the Reign of His late Majesty, and un- 39 G.3. c. 110. der an Act of the Fifty third Year of the Reign of His said late 53 G.3. c.158. Majesty, for enabling His Majesty to grant additional Annuities to the Judges of the Courts in Westminster Hall, on their Resignation of their Offices, and in like Manner to commence from and after the Period when the Person to whom any such Annuity or yearly Sum of Money shall be granted as aforesaid shall have resigned his said Office, and to continue for and during the natural Life of the Person to whom the same shall be granted as foresaid; and every such Annuity or yearly Sum of Money shall e issued and payable out of, and charged and chargeable upon the Consolidated Fund, next in order of Payment to and after payng or reserving sufficient to pay all such Sum or Sums of Money as have been directed by any former Act or Acts of Parliament, and as by this Act are hereinbefore directed to be paid out of the same, but with Preference to all other Payments whatsoever, and shall be payable and paid quarterly, free and clear from all Taxes Free from and Deductions whatsoever, by even and equal Portions, at the like Periods and together with and in the same Manner as the Annuities and yearly Sums which may be given and granted under the said Acts, and under and subject to the like Rules, Regulations and Restrictions (so far as the same are applicable), as are contained and prescribed in the said Act of the Thirty ninth Year of His said late Majesty's Reign, in relation to the Annuities or yearly Sums of Money therein allowed to be given and

granted.

Taxes and Deductions.

of Office of

XI. And be it further enacted, That all and every Officers and Fees now paypersons who now receive for or pay to the Lord Chief Justice of able in respect the said Court for the Time being, any Fees, Portion of Fees or Chief Justice other Sum or Sums of Money whatsoever, in respect of his Office, to be paid into shall, from and after the passing of this Act, pay all such Fees, Exchequer. Portions of Fees and Sums of Money into His Majesty's Exchequer, at such Times and Seasons as the same have been heretofore usually paid to the said Lord Chief Justice, and with such Deductions and Allowances only as have been heretofore usually

made and allowed.