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No.XXXII. 1 Geo. III.

c. 23.

39 George III. c. 113.

His Majesty during any vacation, while the office of Chief Justice, &c. is vacant, may cause a writ to be is

sued out of the Court of Chancery to any

barrister at law he shall think fit, to appear in that Court, and

take upon him-
self the dignity
of a serjeant at
law; and such
person shall, on
taking the usual
oaths, be with-
out further ce-
remony deem-
ed a serjeant at

law.
His Majesty
may grant to

such person the

office of Chief tice of ei

Bench, &c.

IV. And be it further enacted by the authority aforesaid, That such salaries of judges as are now or shall become payable out of the annual rent or sum granted for the support of his Majesty's household, and of the honour and dignity of the Crown, shall, from time to time, after the demise of his Majesty, or any of his heirs and successors, be charged upon and paid and payable out of, such of the duties or revenues granted for the uses of the civil government of his Majesty, his - heirs and successors, as shall be subsisting after every such demise respectively, until some further or other provision be made by Parliament for the expenses of the civil government; and from and imme diately after the making of such provision, and during the continuance thereof, such salaries shall be paid and payable out of all or any of the monies which shall be applicable to such uses and expenses as afore

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[No. XXXIII.] 39 Geo. III. c. 113.-An Act to enable such Persons as his Majesty may be pleased to appoint to the Office of Chief Justice, or of one of the Justices of either Bench, or of Chief Baron, or one of the Barons of the Exchequer, to take upon themselves the Degree of a Serjeant at Law in Vacation. [12th July 1799.]

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THEREAS it is expedient whenever the office of Chief Justice, or of one of the justices of either bench, or of Chief Baron, or one of the Barons of his Majesty's Exchequer, happens to be vacant, that a proper person should be speedily appointed to such office; and that such person should be of the degree of a Serjeant at Law, which degree cannot be taken in vacation; May it please your Majesty, that it may be enacted;' and be it 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 it shall and may be lawful for his Majesty, at any time before the commencement of the next Michaelmas Term, and during any succeeding vacation, whilst the office of Chief Justice, or of one of the justices of either bench, or of Chief Baron, or of one of the Barons of his Majesty's Exchequer, shall be vacant, from time to time, to cause a writ to be issued out of his Majesty's High Court of Chancery, directed to any such person, being a Barrister at Law, as his Majesty shall think fit, returnable immediately in the said Court, commanding such person to appear in the said Court, and to take upon himself the state and dignity of a Serjeant at Law; and such person shall and may thereupon forthwith appear before the Lord High Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal for the time being, at such time and place as the said Chancellor, Keeper, or Commissioner, shall appoint; and such person so appearing and taking the oaths usually administered to a Serjeant at Law, shall, without any further act or ceremony, be, and be deemed and taken to be, a Serjeant at Law, sworn to all intents and purposes: And in case his Majesty shall be pleased, by writ or by letters patent under the great seal of Great Britain, to create or constitute any such person, so to be sworn as aforesaid, Chief Justice of his Majesty's Court of King's Bench, or to grant to any such person the office of Chief Justice of his Majesty's Court of Common Pleas, or of one of the justices of either bench, or of Chief Baron, or of one of the Barons of his Majesty's Exchequer, every such person shall be deemed and taken to be lawfully appointed to every such office, and shall and may lawfully hold and enjoy the same, and do all matters and things whatsoever in such and the same manner, to all intents and purposes, as if such person had been a Serjeant at Law, sworn in the usual and ordi- ̧ nary course.

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[No. XXXIV. ] 49 Geo. III. c. 91.-An Act to em-
power the Judges to try Civil Causes in their own
Counties in England. [10th June, 1809.]

WHEREAS by a Statute made in the eighth year of the reign of
King RICHARD the Second, it is among other things enacted,

No.

XXXIV.

49 Geo. III.

c. 91.

That no man of law shall from thenceforth be justice of assises in his 8 Rich. 2. c. 2. own country: And whereas by an Act made in the thirty-third year

of King HENRY the Eighth, intituled, "An Act that none shall be

• Justice of Assise in his own Country;" it is enacted, That no justice 33 Hen. 8.c.24. nor other man learned in the laws of this realm shall use nor exercise

the office of justice of assise within any county where the said justice

was born or doth inhabit: And whereas a compliance with the aforesaid provisions has been attended with great inconveniences; for remedy whereof,' be it 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 it shall and may be lawful from time to time and at all times hereafter, to and for the Chief Justice and Justices of either bench, and to and for the Chief Baron and other Barons of the Court of Exchequer, and to and for any other person or persons learned in the law, who shall be appointed justice or justices of assise in any county or counties within that part of Great Britain called England, to use and exercise the office or offices of justice or justices of assise, and to act under any commission of nisi prius in any such county or counties, notwithstanding they or any of them shall have been born or do inhabit within any such county or counties; and that they shall not be liable for so doing to any forfeiture or penalty whatsoever; any thing in the said recited laws, or either of them, or any other law, custom, or usage to the contrary in any wise notwithstanding.

[ No. XXXV. ] 57 Geo. III. c. 11.-An Act to facilitate the Progress of Business in the Court of King's Bench in Westminster Hall. [17th March 1817.]

WHEREAS the Court of King's Bench at Westminster, by reason

WH

Any Justice of either Bench, or Baron of the Exchequer, or other persons appointed, may be Justices of Assise in any

county, although they were born or do inhabit therein.

c. 11.

of the great increase of business therein, has of late been much 57 George III. occupied during Term in the adding and justifying of special bail, whereby other business of great public concern has been much obstructed and delayed; and the same inconvenience is likely still to continue unless some remedy is provided for the same: And whereas it would tend materially to remedy this inconvenience if one of the judges of the same Court should be enabled to sit and proceed, when occasion should so require, upon the said business of adding and justifying bail in some place in or near to Westminster Hall other than the usual place of sitting for the whole Court, whilst others of the judges of the same Court should proceed in the dispatch of the other business of the same Court in their ordinary place of sitting in Westminster Hall; 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 it shall and may be lawful for any one of the judges of the Court of King's Bench at Westminster, when occasion shall so require, to sit apart from the other judges of the same Court, in some place in or near to Westminster Hall, for the business of adding and justifying special bail in causes depending in the same Court, whilst others of the judges of the same Court are at the same time proceeding in the dispatch of the other business of the same Court in bank, in its usual place of sitting for that purpose in Westminster Hall; and that the proceedings so had by and before such one of the judges so sitting apart for those purposes shall be as good and effectual in the law to all intents and purposes as if the same were had before the Court assembled and sitting as usual in its ordinary place of sitting in Westminster Hall. ·

One of the judges may sit apart for add

ing and justifying special bail.

No.

57 Geo. III. c. 18.

XXXVI. [No. XXXVI. ] 57 Geo. III. c. 18.-An Act to facilitate the hearing and determining of Suits in Equity in his Majesty's Court of Exchequer at Westminster. [29th March, 1817.]

The Chief Baron of the Court empowered to hear and deter

mine suits in equity.

To sit at such times as the

Lord Chief Baron shall appoint.

All decrees to

have full force and validity; subject to appeal to the

House of Lords.

causes.

WHEREAS the proceedings on the common law side of the Court of Exchequer have of late years greatly increased, by reason whereof a sufficient proportion of time cannot be allotted for hearing and determining suits in equity in the said Court: And whereas the business of that Court might be more easily dispatched if the Lord Chief Baron, or one other of the barons of the degree of the coif, were duly authorised to hear and determine suits and proceedings on the equity side thereof, as is hereinafter enacted; 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 parlia ment assembled, and by the authority of the same, That from and after the passing of this Act the Lord Chief Baron of the said Court for the time being shall have power to hear and determine all causes, matters, and things which shall be at any time depending in the said Court of Exchequer as a court of equity; and that if the said Lord Chief Baron shall by sickness, or other unavoidable cause, be prevented from sitting for the purposes aforesaid, then it shall and may be lawful for His Majesty and his successors to nominate aud appoint from time to time, by warrant under the royal sign manual, revocable at pleasure, any one other of the barons of the degree of the coif of the said Court for the time being to hear and determine such causes, matters, and things.

II. And be it further enacted by the authority aforesaid, That the said Lord Chief Baron, or the baron so to be appointed, shall sit at such times as the Lord Chief Baron and such baron shall respectively, with regard to matters to be heard before them respectively, appoint, and whether the rest of the barons of the said Court shall be sitting or not; and that all decrees, orders, and acts of the said Lord Chief Baron, or of such baron so appointed as aforesaid, shall be deemed and taken to be respectively, as the nature of the case shall require, decrees, orders, and acts of the said Court of Exchequer, and shall have force and validity and be executed accordingly; subject only to be reversed, discharged, or altered by the House of Lords, upon appeal thereto, and as hereinafter mentioned.

Baron may on III. Provided that it shall and may be lawful for the said Lord Chief petition rehear Baron, upon petition by any of the parties concerned, to rehear any cause or matter before decided, ordered, adjudged, or decreed by such Lord Chief Baron, or by any other baron appointed as aforesaid; and also for any baron appointed as aforesaid, upon such petition as aforesaid, to rehear any cause or matter before decided, ordered, adjudged, or decreed by him the same baron, and respectively thereupon to make such order as may be just.

[ No. XXXVII.] 58 Geo. III. c. 31. An Act to amend an Act passed in the fifty-third year of His Majesty's reign to make further regulations for the building and repairing of Court Houses, and Sessions Houses in Ireland. [23d May, 1818.]

[ No. XXXVIII. ] 1 Geo. IV. c. 68.-An Act for the better Administration of Justice in the Court of Exchequer Chamber, in Ireland. [15th July 1820.]

No. XLI.*

c. 53.

[No. XXXIX. ] 1 George IV. c. 107.-An Act for ap- 1 & 2 G. IV. propriating to the use of the Master of the Rolls for the time being the Rents of the Rolls Estate and the Dividends of the Funds in the Court of Chancery, arising from the surplus Rents of that Estate.-[24th July 1820.]

[No. XL. ] 1 and 2 George IV. c. 16.-An Act for further facilitating the dispatch of business in the Court of King's Bench.-[6th April 1821.]

[No. XLI.*] 1 and 2 George IV. c. 53.-An Act to regulate the Proceedings in the Civil Side of the Court of King's Bench, and also in the Court of Common Pleas, and in the Pleas or Common Law Side of the Court of Exchequer in Ireland.-[15th June 1821.]

WHEREAS the commissioners appointed to inquire into the duties

No Fees shall

salaries and emoluments of the officers in the several courts in Ireland, have lately made three several reports relating to the civil side of the Court of King's Bench, to the Court of Common Pleas, and to the pleas or common law side of the Court of Exchequer respectively, in Ireland; and it appears that it is expedient to regulate the proceedings in the said several courts and the several offices thereof respectively, as herein-after is provided; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spi- be taken by ritual and Temporal, and Commons, in this present Parliament assein- the Officers of bled, and by the authority of the same, That from and after the com- the Courts, mencement of this Act, no fee whatsoever shall in any case be paid except Tipor payable in Ireland, to any of the officers of or in the civil side of staffs, &c. the Court of King's Bench, or of or in the Court of Common Pleas, or under Sche of or in the pleas or common law side of the Court of Exchequer dule (E.) in Ireland, save such fees as are made payable to any tipstaff pursuivant or serjeant at arms, or to the crier of the said Court of Exchequer, under schedule (E.) to this Act annexed; and that no officer, deputy, clerk, or other person mentioned in the several schedules to this Bill annexed, save those mentioned in schedule (E), who shall at any time be employed or act in the business of the said courts respectively, or in any part or department of the said business, shall under any pretence whatsoever ask, demand, receive, or accept any fee, perquisite, emolument, gratuity, profit, or advantage whatsoever, for or in respect of the said business of such court respectively, contrary to this Act; and if any person shall offend herein, every such person shall for every such offence forfeit and pay the sum of five hundred pounds, and be for ever afterwards incapable of holding or of acting in any office of or in any of the courts of law or equity in Ireland, whether as principal, deputy, clerk, or otherwise.

II. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to the Chancellor of the Exchequer of Ireland, or to any fees payable by law in right or respect of the said office; but that all such fees shall remain and continue payable to all intents and purposes, as if this Act had not passed; any thing herein-before contained to the contrary in anywise notwithstanding.

Penalty 5007.

Not to extend to Fees of Chancellor of the Exchequer.

III. And be it further enacted, That from and after the commence Three princiment of this Act there shall be one prothonotary in the civil side of the pal Officers, Prothonotary in King's Bench and Common Pleas, Clerk of Pleas in Exchequer, and other Officers, with Salaries, as in Schedules (A.) (B.) and (C.) to be appointed by the King by

Patent.

Vor. III.

C

c. 53.

No. XLI.* said Court of King's Bench, one prothonotary in the Court of Common 1 & 2 G. IV. Pleas, and one clerk of the pleas in the pleas or common law side of the Court of Exchequer, who shall be and be deemed the principal officers employed in the business of the said courts respectively; and that besides the said principal officers respectively, there shall be in each of the said three courts, one clerk of the rules, and one filacer; and that there shall be in the Court of King's Bench on the civil side, and in the pleas or common law side of the Court of Exchequer, one clerk of the writs, and one clerk of the appearances; and that there shall be in the Court of Common Pleas, one clerk of the pleadings, and one chirographer; and that all the said several principal and other officers shall be entitled to receive the several and respective salaries in that behalf set forth in the schedules marked (A.) (B.) and (C.) to this Act respectively annexed; and that all the said several principal and other officers shall be appointed by his Majesty, his heirs and successors, by letters patent under the Great Seal of Ireland; and that all the said principal and other officers shall be appointed and shall hold their offices respectively during good behaviour; and that the said principal and other officers shall, in and for the discharge of the duties of their respective offices, have the such Officers. several clerks and assistants in the said schedules (A.) (B.) and (C.) to this Act annexed, in that behalf respectively set forth; and that such clerks and assistants shall be appointed by such officers respectively, and shall hold their said situations respectively for and during the pleasure of such officers respectively by whom they were appointed; and that the said officers shall at all times be responsible for the conduct of their said clerks and assistants respectively; and that there shall be paid and payable to the said clerks and assistants respectively, the several salaries in that behalf respectively set forth in the said schedules.

Clerks and
Assistants to

Rights of present Judges

not to be affected.

Officers to employ fit Persons for copying.

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IV. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to affect or conclude the claim right or title of any of the existing judges to the appointment of any of the offices herein-before mentioned.

V. And be it further enacted, That it shall and may be lawful to and for every officer of the said courts respectively, and he is hereby required to retain and employ in his office such number of fitting and competent persons as shall be necessary to do the business of writing copying and engrossing in every such office respectively.

VI. Provided always, and be it enacted, That no officer shall appoint or employ as his clerk or assistant in any of the capacities mentioned in the said schedules (A.) (B.) and (C.) to this Act annexed, any person who shall hold or enjoy any other office place or employment in the said courts or any of them, or who shall act as clerk or assistant to any other officer in the said courts, or any of them.

VII. And be it further enacted, That there shall also be in the said courts respectively, one crier to each of the said three courts, one seal keeper and registrar of attornies' licences in the Court of King's Bench, one seal keeper and registrar of attornies' licences in the Court of Common Pleas, and also one clerk of the juries, one clerk of errors and essoigns, and one clerk of outlawries in the Court of Common Pleas, who shall be appointed to and shall hold their said offices as heretofore respectively; and that the said officers shall respectively receive such salaries in respect of the said several offices as are respectively mentioned and set forth in the schedule marked (D.) to this Act annexed; and that there shall be in the said three courts respectively, tipstaffs pursuivants and serjeans at arms, who shall be appointed to and shall hold their said offices as heretofore respectively, and shall be entitled and authorized to receive the fees set forth in the schedule marked (E.) annexed to this Act.

VIII. And be it further enacted, That it shall not be lawful for any person, who at any time after the passing of this Act shall be appointed to any office in any of the said several courts, to hold or exercise the duties of any other office or place whatsoever; provided always, that the offices of clerk of the errors and essoigns, and clerk of outlawries in the Common Pleas, may be held by the clerk of the juries in the same court.

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