No.XXXII. c. 23. 39 George III. His Majesty barrister at law law. such person the office of Chief 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 Parlia ment 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 aforesaid. [ 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.] WHEREAS, 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. [ No. XXXIV. ] 49 Geo. III. c. 91.-An Act to empower the Judges to try Civil Causes in their own Counties in England. [10th June, 1809.] No. XXXIV. 49 Geo. III. c. 91. 33 Hen. 8. c. 24. WHEREAS by a Statute made in the eighth year of the reign of King RICHARD the Second, it is among other things enacted, '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 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 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 HI. 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 One of the 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, ́ judges may sit apart for add ing and justifying special bail. No. XXXVI. 57 Geo. III. c. 18. 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. Baron may on causes. [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.] 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 parliament 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. 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.] IX. And be it further enacted, That the several schedules to this Act No. XLI.* annexed, and all directions matters and things in the said schedules 1 & 2 G. IV. respectively contained, shall be deemed and taken to be part of this Act. c. 53. Schedules deemed Part out of Conso lidated Fund; and also Ex pences of X. And be it further enacted, That the said several salaries in the said schedules respectively set forth as aforesaid, shall be payable from time to time out of the consolidated fund of the United Kingdom of Great Bri- of this Act. tain and Ireland; and that the said salaries respectively shall be payable Salaries to be quarterly on the fifth day of January, fifth day of April, fifth day of July, paid Quarterly and tenth day of October in every year; and that for provision for the necessary incidental expences in each court, there shall also be payable in like manner out of the same fund, to the prothonotaries in the civil side of the Court of King's Bench, and in the Court of Common Pleas, and to the clerk of the common pleas in the said Court of Pleas in the Ex- Copying chequer, being the three principal officers to be employed in the business Clerks, Coals, of the said courts respectively, on each and every of the said days, Candles, Stasuch sum as shall in each and every quarter be certified in writing under tionery, &c. the hands of not less than two judges of the court respectively to which on Certificate such principal officers belong, to have been necessarily incurred as and of Two Judges. for the costs of the clerks employed in writing engrossing and copying in the offices of the said courts respectively as aforesaid, and as and for the expences of coals candles and all other expences of the said several offices in the said courts, and in the several chambers of the said courts respectively, including therein the remuneration of the court keeper, not exceeding fifty pounds yearly, and of such stationery as shall be requisite for the purposes of the said offices and chambers respectively, and which shall not be delivered out to individuals; and every such certificate shall be given on an examination on oath of the principal officer of each department in or for which any such payment shall be required, and of such other person or persons, if any, as such judges respectively shall think proper, or as shall be produced before them for that purpose. Bench and them. XI. And whereas the office of prothonotary and filacer, and keeper of The Rights of the writs, processes, rules, orders and records in the civil side of the Court the present of King's Bench, is now holden and possessed by the Right Honourable Patentees of Henry Seymour Conway, commonly called Lord Henry Seymour Conway, the Offices of and by Robert Seymour Conway, commonly called Lord Robert Seymour Prothonotary, Conway, having been granted to them for and during the term of their &c. in King's natural lives, and the life of the survivor of them; and the office of pro- Common thonotary of the Court of Common Pleas is now holden and possessed by Pleas, and of the Right Honourable Thomas Lord Viscount Northland and the Honour- Filacer and able Vesey Knox, having been granted to them for and during the term of Exigenter in their natural lives, and the life of the survivor of them; and the office of Common filacer and exigenter of the said Court of Common Pleas is now holden Pleas, shall and possessed by the Honourable Daniel Toler esquire: And whereas the cease, and several duties of the said respective offices have been hitherto discharged Compensation by deputies, and it is expedient that the duties of the said offices should be made to hereafter be discharged by persons actually holding such offices; be it therefore enacted, That from and after the commencement of this Act, the several and respective rights of the said Henry Seymour Conway and Robert Seymour Conway, Thomas Lord Viscount Northland and Vesey Knor, and Daniel Toler, of in and to the said offices respectively, shall severally cease and determine; and that they the said Henry Seymour Conway and Robert Seymour Conway shall receive during the term of their natural lives, and the survivor of them shall receive during the term of his natural life, and the said Thomas Lord Viscount Northland and Vesey Knox shall receive during the term of their natural lives, and the survivor of them shall receive during the term of his natural life, and the said Daniel Toler shall receive during the term of his natural life, the several allowances in that behalf herein-after provided, in compensation and consideration of the loss incurred by them respectively, by the ceasing and determining of their several rights in the said offices respectively. No.XLI.* 1 & 2 G. IV. c. 53. How annual Offices shall be ascertained and certified by Commissioners of Inquiry. Proviso as to an Allowance of 2001. per Annum paid by Prothonotaries of XII. And for the ascertaining the amount of the allowance and compensation to be made to the said present holders of the said last-mentioned offices, upon the ceasing and determining of their rights in the said offices respectively as aforesaid; be it enacted, That it shall be lawful for the 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, and the said commissioners are hereby authorized and required to make inquiry into the salaries and emoluments of the said office of prothonotary and filacer and keeper of the writs, processes, rules, orders and records in the civil side of the said Court of King's Bench, and of the said office of prothonotary of the said Court of Common Pleas and of the said offices of filacer and exigenter of the said Court of Common Pleas, and to ascertain the annual amount of the salaries and emoluments of the said offices respectively, upon the average of the seven years next preceding the first day of January one thousand eight hundred and twenty-one, or upon the average of the seven years next preceding such day prior to the said first day of January one thousand eight hundred and twenty-one up to which the last account of the emoluments of the said several offices shall have been settled by the said officers respectively, including out of such average all such emoluments and income as shall appear, according to the best judgment that the said commissioners can form thereof, to have arisen from any new fees, or from an increase of fees not arising from an increase of business, introduced subsequent to the appointment of the present holders of the said offices respectively, or from any fees or any increase of fees which may have been introduced within twenty years prior to the commencement of this Act, or from any fees of right belonging to any other officer, or from any fees which may have been demanded or received contrary to the provisions of any Act of Parliament, or in anyway contrary to law; and for that purpose and for the purpose of every inquiry which they are directed or authorized by this Act to make, it shall and may be lawful for the said Commissioners of Inquiry for the time being, and they are hereby authorized and required to examine upon oath all parties interested in every such inquiry, and also all such other persons as shall be produced before them the said commissioners, or as they shall think proper to require, and whom they are hereby respectively empowered to summon, together with all such accounts books and vouchers, as the said commissioners shall call for; and the said Commissioners of Inquiry for the time being, or any three of them, shall thereupon certify, under their hands and seals, the amount of the yearly income of every such officer, on the average of the said seven years as reduced by the exclusion of such emoluments as aforesaid, and also by the exclusion of all such part share or proportion of the fees or profits remaining after such reduction as shall during the said period of seven years, have been paid to or received or retained by or on behalf of the deputies or clerks of the said offices respectively, and also by the exclusion of all disbursements and other deductions whatever, (except in the case herein-after mentioned and provided for,) so as to state only the net annual income of the said offices respectively, on the average of the said seven years, according to the said mode of estimating the same; and the said certificate shall contain a statement of the particular fees profits and emoluments on which such averages shall have been taken as aforesaid, and also of the fees profits and emoluments heretofore received, which shall be excluded from such averages, and the said certificate shall be filed in the office of the auditor-general in Dublin Castle, without any fee being paid for the same, and shall remain there as a record. XIII. Provided always, and be it enacted, That a certain yearly sum of two hundred pounds which has been for several years paid out of the emoluments of the said office of the said prothonotary of the Court of King's Bench to Thomas Church, by the bounty of the said Lords Henry Seymour Conway and Robert Seymour Conway, and which will continue to 's Bench be paid to the said Thomas Church in manner herein-after mentioned, mas |