c. 69. [No. XXVII. ] 3 George IV. c. 69.-An Act to enable No XXVII. the Judges of the several Courts of Record at West- 3 Geo. IV. minster, to make Regulations respecting the Fees of the Officers, Clerks, and Ministers of the said Courts. -[22d July 1822.] WHEREAS it is expedient that some provision should be made for Courts. respective the permanent regulation and establishment of the fees of the officers clerks and ministers of justice of the several Courts of Chancery, King's Bench, Common Pleas, Exchequer, and Exchequer Chamber, at Westminster, and of the clerks and other officers of the judges of the same courts; but the same cannot be effectually done without the authority of Parliament: 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 the judges of Chancellor, the same courts respectively for the time being, and they are hereby re- Judges, &c. quired to take into their consideration as well the reports and recom- may establish mendations made by the commissioners acting in the execution of the Tables of Fees to be several commissions issued under the Great Seal, in and subsequent to taken by the the fifty-fifth year of the reign of his late Majesty, relating to the said Officers of the several officers clerks and ministers as also the rights and duties of such officers clerks and ministers, and all other matters relating thereto and connected therewith; and it shall and may be lawful for the Lord Chancellor, Lord Keeper or Lords Commissioners for the custody of the Great Seal, together with the Master of the Rolls, and the Vice Chancellor of England, or together with either of them, to establish and ordain by their discretion, tables of fees to be thereafter taken by the several officers clerks and ministers of the Court of Chancery, and by the officers of the said Lord Chancellor, Lord Keeper or Lords Commissioners for the custody of the Great Seal, Master of the Rolls, and Vice Chancellor respectively, and for any three or more of the judges of the said Courts of King's Bench, Common Pleas, Exchequer, and Exchequer Chamber respectively, to establish and ordain, by their discretion, tables of fees to be thereafter taken by the several officers clerks and ministers of the same respective courts, and by the clerks and other officers of the judges thereof respectively; which tables of fees shall be entered or inrolled in the public books or records of the courts to which they respectively relate, in such manner as the persons establishing the same shall think fit. II. And be it further enacted, That the fees so established and ordained Fees so estaand no other, shall, from and after the establishment and ordaining blished to be thereof, and the entry or inrolment of such tables as aforesaid, and after lawful. notice thereof given to the officer clerk or minister whom they may concern, in such manner as the persons establishing the said tables shall direct, be deemed and taken to be the lawful fees of such officers clerks and ministers respectively, and shall and may be demanded received and taken accordingly: Provided always, that if it shall happen that any duty not provided for in such tables shall, after the establishing and ordaining thereof, be required to be performed by any of the said officers clerks or ministers, by or in pursuance of any Act of Parliament or other lawful authority, then and in every such case, and so often as the case shall happen, it shall and may be lawful for the court whereto, or to some judge whereof such officer clerk or minister shall belong, (if the court shall so think fit,) by rule or order of the same court, to be entered or inrolled as aforesaid, to appoint a reasonable fee or fees to be taken for the performance of such duty; which fee or fees so appointed, and no other, shall be from thenceforth deemed to be the lawful fee or fees for the performance of such duty, and shall and may be demanded, received, and taken accordingly. Courts to appoint reasonable Fees in Cases where none are specified. No. XXIX. 7 & 8 G. IV. c. 45. III. And be it further enacted, That it shall and may be lawful for the persons by whom such tables shall be established as aforesaid, in and by the same tables or otherwise, and for their successors, from time to time, to make such regulations respecting the duties of such officers clerks and ministers, as to them shall seem expedient; which regulations shall, from the time of the establishment ordaining and inrolling or entering Clerks may be thereof, be in full force, with respect to such officers clerks and ministers respectively. Duties of regulated. Act not to extend to Solicitors or Attornies. Table of Fees IV. Provided always, and be it further enacted, That nothing in this Act contained shall extend to any charges or fees made or received by any solicitor or attorney of the same courts, or of any of them, in respect of business done by such solicitor or attorney in his character and profession only of solicitor or attorney, and not as such officer clerk or minister as aforesaid. V. And be it further enacted, That extracts of the tables of the fees so to be hung up. ordained and established as aforesaid, shall be kept hung up in some conspicuous part of the office or place of business of the officer clerk or minister respectively, whom the same may concern. Compensa. tions recom mended where Loss is sustained. VI. And be it further enacted, That in case it shall appear to the persons by whom the said tables shall be established and ordained, or to their successors respectively, that in consequence of the regulations aforesaid, or any of them, compensation ought to be made to any of the officers clerks or ministers aforesaid, for any loss which he may sus tain by reason thereof, it shall be lawful for the persons by whom the said tables shall be established and ordained as aforesaid, or their successors respectively, and they are hereby required, to report to his Majesty their opinion and recommendation as to such compensation to be made to such officers clerks and ministers respectively. [No. XXVIII.] 4 George IV. c. 27.-An Act to explain and amend an Act of the Parliament of Ireland, passed in the Thirty-eighth Year of the Reign of his Majesty King George the Third, for the better ascertaining the Amount, and securing the Payment of the Bills of Costs of Proctors, employed in carrying on and defending Suits, and transacting Business in the High Court of Admiralty, in his Majesty's Court of Prerogative, in the Court of Delegates, and in all Ecclesiastical Courts within the Kingdom of Ireland.—[17th May 1824.] [No. XXIX.] 7 and S George IV. c. 45.—An Act to allow, until the Twenty-fourth Day of October One thousand eight hundred and twenty-seven, the Inrolment of certain Articles of Clerkship and Assignments thereof.[23d June 1827.] [No. XXX. ] 9 George IV. c. 26.-An Act to regulate No. XXX. the Office of Keeper of the General Register of Hornings and Inhibitions in Scotland.-[19th June 1828.]: WHEREAS by an Act passed in the fifty-seventh year of the reign 9 Geo. IV. c. 26. of his late Majesty King George the Third, intituled An Act to 57 G. 3. c. 64. abolish certain Offices, and to regulate others, in Scotland, it is enacted, That from and after and upon the termination respectively of the then existing interests in certain offices therein mentioned, videlicet, the office of auditor of the Exchequer in Scotland, the office of King's remembrancer in Exchequer in Scotland, the office of Lord Treasurer's remembrancer in Exchequer in Scotland, the office of presenter of signatures in Exchequer in Scotland, the office of keeper of the general register of seizins in Scotland, the office of clerk to the admission of notaries in Scotland, the office of director of the Chancery in Scotland, the office of clerk of the Chancery in Scotland, and the office of the clerk of the Court of Admiralty in Scotland, and so soon as the said offices, or any or either of them respectively, should become vacant, the duties thereof should be discharged by the officer appointed to hold the same in person; and from time to time as any of the said respective offices should become vacant, it should be lawful for the Lord High Treasurer or commissioners of the Treasury, or any three or more of them, for the time being, and they were thereby authorized and required to regulate the duties and establishments of the said offices respectively, as they respectively become vacant, so as that the several duties to be discharged therein respectively should be performed in person; and thereupon and thereafter such and such number of fit and proper persons should be appointed, or should be authorized and directed to be appointed, as might be sufficient and necessary to perform and execute the duties to be done performed and executed in the said offices respectively, as the said commissioners should deem fit, with such salaries and allowances as should be ordered and appointed by the said Lord High Treasurer or commissioners of the Treasury in that behalf, regard being had in every such case to the nature and extent of the duties to be performed, and to the responsibility which might attach or belong to the several or respective offices or persons executing the duties of said offices respectively; and all such regulations, appointinents, salaries, and allowances, when so made and established should become and be in full force and effect in relation to the said offices respectively, any thing contained in any Act or Acts of Parliament, or any law or laws, or usage custom or practice to the contrary notwithstanding; provided always, that any fees then charged or chargeable for or in respect of any of the said offices, or received or receivable, according to law, in any of the said offices respectively, should continue to be received, and the same should be applied in payment of the salary or salaries, allowance or allowances, authorized by the said recited Act to be granted or made in each of the said offices in which such fees should be received; and if any balance of such fees should remain, after paying and satisfying such salaries or allowances respectively, the same should be paid at least once in three months to the Receiver-General of Scotland, and should by him be paid and accounted for in the same manner with any public monies received and accounted for by him: And whereas the office of keeper of the general register of hornings and inhibitions in Scotland is now vacant, and it is expedient that this office should be regulated, and that the whole provisions of the said recited Act herein set forth should extend and apply to the said office; 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 passing of this Act the several provisions of the said recited Act herein set forth shall all of them extend and be held to Certain extend to the gister of Hornings and Inhibitions. No. XXXI. 9 Geo. IV. c. 49. Office to be under the same Regulations as if it had been in. cluded in the recited Act. apply to, and shall apply to, the office of keeper of the general register of hornings and inhibitions in Scotland. II. And it is hereby declared and enacted, That all matters and things relative to the regulation of the said office, the discharge of its duties in person, its establishment, allowances, payment of fees, and the application thereof, shall all of them be judged of fixed and determined in the same manner in all respects as if the said office of keeper of the general register of hornings and inhibitions had been included in the said recited Act along with the other offices enumerated in the provision thereof herein set forth. [No. XXXI.] 9 Geo. IV. c. 49.—An Act to amend the Laws in force relating to the Stamp Duties on Sea Insurances, on Articles of Clerkship, on Certificates of Writers to the Siguet, and of Conveyancers and others, on Licences to Dealers in Gold and Silver Plate, and Pawnbrokers, on Drafts on Bankers, and on Licences for Stage Coaches in Great Britain; and on Receipts in Ireland.-[15th July 1828.] PART IV. CLASS III. Original Writ-Process-Arrest-Imprisonment-Bail- [No. I. ] 52 Henry III. c. 23. (Marlebridge).—A remedy c. 23. IT is provided also, That if bailiffs, which ought to make account to 52 Henry III. their lords, do withdraw themselves, and have no lands nor tenements whereby they may be distrained; then they shall be attached by 'their bodies, so that the sheriffs, in whose bailiwick they be found, shall cause them to come to make their account. II. Also fermors, during their terms, shall not make waste, sale, * ' nor exile of house, woods, and men, nor of any thing belonging to the "tenements that they have to ferm, without special licence had by writ'ing of covenant, making mention, that they may do it; which thing if they do, and thereof be convict, they shall yield full damage, and *shall be punished by amerciament grievously.' [No. II. ] 13 Edward I. stat. 1. c. 11. (Westminster the Second.)-The master's remedy against their servants, and other accomptants.+ * Not in the original. NONCERNING servants, bailiffs, chamberlains, and all manner of 13 Edward 1. stat. 1 c. 11. CONCERNING bound to yield accompt, it is agreed and comptants to ordained, That when the masters of such servants do assign auditors In what cases to take their accompt, and they be found in arrearages, upon the auditors may 'accompt, all things allowed which ought to be allowed, their bodies shall commit ac'be arrested, and by the testimony of the auditors of the same accompt, prison. shall be sent or delivered unto the next gaol of the King's in those 'parts; and shall be received of the sheriff or gaoler, and imprisoned in iron under safe custody, and shall remain in the same prison at their ' own cost, until they have satisfied their master fully of the arrearages. "Nevertheless if any person being so committed to prison, do complain, The accomptthat the auditors of his accompt have grieved him unjustly, charging ant's relief. 'him with receipts that he hath not received, or not allowing him expenses, or reasonable disbursements, and can find friends that will 'undertake to bring him before the Barons of the Exchequer, he shall 'be delivered unto them; and the sheriff (in whose prison he is kept) 'shall give knowledge unto his master, that he appear before the Barons of the Exchequer at a certain day, with the rolls and tallies by which he made his accompt; and in the presence of the barons, or the audi'tors that they shall assign him, the accompt shall be rehearsed, and 'justice shall be done to the parties, so that if he be found in arrearages, The subjects included in this Class are so intimately connected in themselves, and are so essentially blended in several of the Statutes, that I have found it most convenient to place them together. The Statutes relating to outlawry, real actions, and proceedings against persons having privilege of Parliament, are not included, and are comprised in several Classes relating particularly to those respective subjects. As many Statutes equally affect im prisonment under mesne process and upon execution, the whole subject of imprisonment under civil process is included in the present Class; although those Statutes which relate exclusively to imprisonment under execution would, in other respects, be more regularly inserted in a subsequent Division. For the exposition of this Statute see Selw. N. P. Title Debt, Sec. 9. |