No. XLI.* 1 & 2 G. IV. c. 53. Deputy Filacer and Exigenter to be continued in that Office. A Compensation of 3001. yearly to ten, late Clerk of the Satisfactions, &c. in the Exchequer. loss, so as to render it expedient and reasonable to increase the salary of the said office whilst it shall be holden by the said William Houghton; be it therefore enacted, That the said Rowley Heyland and William Houghton shall be and they are hereby continued in their respective offices during their good behaviour respectively; and that so long as they the said Rowley Heyland and William Houghton shall respectively hold their said several offices, the said Rowley Heyland shall receive the yearly sum of four hundred pounds, and the said William Houghton the yearly sum of three hundred pounds, in augmentation of the salaries of the said offices holden by them respectively as aforesaid; and that the said annual sums and augmentations respectively shall be payable in the same manner, at the same time, and out of the same fund as the salaries of the said offices are respectively payable. XVII. And whereas it is just and reasonable that provision should be made for John Clancey gentleman, who has long discharged the duties of filacer and exigenter of the Court of Common Pleas, as deputy to the said Daniel Toler, the present filacer and exigenter: be it further enacted, That the said office of filacer and exigenter shall be and the same is hereby declared to be vested in John Clancey gentleman, the present deputy in the said office, during his good behaviour; and that it shall not be lawful for the chief justice of the said court, by whom the right of appointment to the said office has been heretofore exercised, notwithstanding the saving herein contained, to remove the said John Clancey from the said office during his good behaviour therein. XVIII. And whereas Richard Patten hath for many years transacted the business of clerk of the satisfactions, and plaintiffs judgment book, in the office of clerk of the pleas of the said Court of Exchequer; and it Richard Pat hath been found impracticable to make any arrangement of the offices in the pleas or common law side of the said court, so as include the said Richard Patten therein; and as an assistant to the clerk of the pleas, he cannot under the provisions of this Act be entitled to receive any larger salary than five hundred pounds, and it is reasonable to make some further provision for him; be it therefore enacted, That from and after the commencement of this Act, the said Richard Patten shall be entitled to receive yearly, during his life, the sum of three hundred pounds, the same to be payable in the same manner, and at the same time and times, and out of the same fund, as the salaries aforesaid respectively. A Compensation to be made to the Cursitor of the Court of Chancery. Inferior Officers, Clerks, &c. on apply ing for Salary shall produce Certificate of Chief Officer of the Court. In cases of XIX. And whereas the cursitor of the Court of Chancery in Ireland hath been accustomed to receive from the filacer of the Court of Common Pleas in Ireland certain fees or proportions of fees or sums, which fees or sums will cease by reason of the provisions of this Act; be it therefore enacted, That it shall and may be lawful to and for the said Commissioners of Inquiry to ascertain and certify (in like manner as is herein-before directed in other cases) the amount of the net yearly sum so received by the said cursitor on an average of such period of seven years, and such certificate shall be filed in like manner as is herein-after directed with respect to other certificates of the said commissioners, and that from and after the filing of such certificate there shall be paid to the person now holding the office of cursitor of the said Court of Chancery, or his assigns, so long as he shall live and hold the said office, an annual sum equal to the net annual amount so ascertained by such certificate, by like quarterly payments and out of the same fund as is herein-before directed with respect to any other compensation granted by this Act. XX. And be it further enacted, That wherever any officer, deputy, clerk or assistant in any of the said several courts, except the principal officer in each such court respectively, shall apply for payment of the salary due to him, or any part thereof, he shall produce a certificate from the principal officer of the court for the time being, stating that he is the person then holding such office or employment respectively, and is entitled to receive the salary annexed by law thereto, and then due to him as such officer, deputy, clerk, or assistant. XXI. And be it further enacted, That if any of the said officers, Officer dying, &c. Executors entitled to Proportion of Quarter. deputies, clerks, or assistants, shall die in the course of any quarter, or No. XLI.* subordinate and direct several Courts. XXII. And be it further enacted, That each of the said three princi- Principal pal officers in the said several courts shall at all times respectively super- Officers shall intend the conduct and proceedings of the several other officers and superintend clerks of each of the said courts respectively as aforesaid, and shall inspect their respective offices, and all records, books, papers, and documents therein respectively; and shall hear and receive all complaints which may be made to them the said principal officers respectively, of or concerning any neglect delay or misconduct in any of the said offices in the said court respectively, or in any of the business thereof respectively, and shall inquire into the same, and shall admonish such officers and clerks respectively when they shall find reason so to do, and in any case which they shall deem of sufficient importance, shall report the facts specially to the court; and it is hereby declared to be the duty of all the subordinate officers and clerks in the said several courts, to submit themselves at all times quietly and respectfully to such superintendance and admonition as aforesaid; and if at any time any of the said courts shall have occasion to inquire into any neglect or misconduct of any such subordinate officer or clerk, such court shall also inquire whether the principal officer thereof has with reasonable diligence superintended the conduct of such subordinate officer or clerk Officers of the Courts hereafter to be appointed dis abled from practising as Attornies. XXIII. And be it further enacted, That every person who shall, at any time after the passing of this Act, be appointed to be an officer or clerk of or in any of the offices in the said several courts in this Act and the schedules thereto annexed mentioned and specified, shall be and is hereby declared to be incapable of practising as an attorney or solicitor in any court of law or equity in Ireland, either separately or in partnership with any other, during such time as such person shall hold the situation office or employment of an officer or clerk in any of the said offices and if any person, who shall be so appointed shall practise as Penalty, 501. such attorney or solicitor while he shall hold the situation office or employment to which he shall be so appointed contrary to the true intent and meaning of this Act, such person shall for every such offence forfeit and pay the sum of fifty pounds. Copies of Offices. XXIV. And be it further enacted, That it shall not be lawful for any officer of any of the said several courts to cause or direct, or knowingly to permit any copy of any pleading, affidavit, order, judgment or other thing belonging to their respective offices or any part thereof, to be made in any other place, or by any other person, than in the proper office of such officer, and by a writing clerk employed by such officer in such office; and every such officer shall be responsible for the accuracy of every copy so made in his office, and for the same being duly compared with the original from which it shall be made; and every such officer who Penalty, 201. shall cause or direct or knowingly permit any copy to be made contrary to this Act, shall for every such offence forfeit the sum of twenty pounds. XXV. Provided always, and be it enacted, That if at any time it shall In case of in Offices for be ascertained, by affidavit or otherwise, to the satisfaction of the chief Want of Room Copying judge of any of the said several courts, that any officer of such court hath not in his office sufficient room for the reasonable accommodation of Clerks, Chief himself, his deputy and assistants, and of a sufficient number of clerks to Judge may allow Copies to be made out of Office. No. XLI.* 1 & 2 G. IV. c. 53. Courts may Officers for Officers may require Deposit for Stamp Duties, &c. Suitors not compelled to take Copies of Records, unless they think requisite so to do. Office Sheets shall contain seventy-two Words. Roll shall Less than 360 do and perform the business so required to be done in such office as aforesaid, then in every such case, it shall and may be lawful to and for such chief judge to make an order, declaring that the same has been so proved, and that it shall be lawful for such officer to cause or direct or permit any such copy, or any part thereof, to be made in any place whatsoever, and by any person whomsoever; and every such order shall be good and valid, and shall be a sufficient justification in all respects to any person acting in pursuance thereof, for one year from the date thereof, unless sooner rescinded, and such shall and may be renewed from time to time, until by reason of new buildings or new arrangements or otherwise, sufficient room shall have been obtained for the purposes in that behalf aforesaid. XXVI. And be it further enacted, That it shall and may be lawful to and for the said Courts of King's Bench Common Pleas and Exchequer respectively, on complaint duly made, and after full inquiry into the alleged grounds thereof by affidavit or otherwise, as they shall think fit respectively, to remove any officer of the said courts respectively, as well the principal officer as others, from his office for any offence or misconduct in such office which such court shall deem deserving of such punishment, and thereupon such officer shall cease to hold or be entitled to such office; and it shall be lawful for the said courts, on complaint and inquiry as aforesaid, to inflict upon any officer for any minor offence such punishment by way of fine as to such court shall seem expedient. XXVII. And in order to secure the payment of the stamp duties which are or may be required by law, in respect of certain copies and other matters, be it enacted, That it shall and may be lawful to and for each and every officer and clerk in any of the offices of any of the several courts aforesaid, to demand and receive of and from any person who shall apply to such officer or clerk to obtain any copy whatsoever, or to have any other business of such office done for him, or for any person or persons at his desire, which according to law ought to be on a stamp or stamps, or to be in writing, a deposit in money to the amount of the stamp duties requisite, and if the same is to be delivered out of such office, and not to remain therein, then to the amount of the paper or parchment which shall be required for the same; and no such officer or clerk shall be bound to commence such business, or to take any step towards the execution thereof, until such deposit, when so demanded, shall have been paid. XXVIII. And be it further enacted, That no suitor in the said several courts, nor any other person, shall in any case be required to take out any copy of any record, pleading, affidavit or other document or proceeding whatsoever, drawn, prepared or filed by, for, or on behalf of such suitor or such other person, unless such suitor or other person shall find it necessary or deem it proper to demand the same in any of the said courts. XXIX. And be it further enacted, That in every copy or inrolment of any pleading, record, matter or proceeding in any of the said several courts which shall issue or be given out of any such court, or any of the offices thereof, there shall in each office sheet thereof, be seventy-two words and no more, save only and except when there shall be but one office sheet in such copy or inrolment; or if there shall be more than one, then, save and except in the last sheet thereof; and in any of the said cases, such single or last sheet may contain any number of words not exceeding seventy-two words. XXX. And be it further enacted, That every roll shall consist of seven hundred and twenty words, and that there shall not in any inrolment be more than one fractional part of a roll, which fractional part shall be either the conclusion or the entire of such inrolment; and if such fractional part shall contain three hundred and sixty words or more, the same shall be deemed and taken to be a roll to all intents and purposes; and if the same shall not contain three hundred and sixty words, the same shall be deemed and taken to be a half roll. XXXI. And be it further enacted, That from and after the passing of this Act, if any officer in any of the said several courts shall receive any sum of money as and for a deposit, on account of the stamps which are or shall from time to time be required by law, for or in respect of the inrolment of any judgment or other matter requiring inrolment, and shall not within one calendar mouth next after having so received such sum of money, complete or cause to be completed such inrolment accordingly, every such officer shall for every such offence, forfeit and pay the sum of fifty pounds. Judgment, shall inrol the same within One Month. XXXII. And be it further enacted, That there shall be kept in the prothonotaries' office, in the said Court of Common Pleas, one or more book or books, containing a list of all common recoveries of lands suffered at the bar of the said court, together with the dates thereof, the names of the demandants and tenants, and of all the vouchees therein, except the common vouchees, and of the counties respectively in which the lands are situate, and that all such recoveries shall be inrolled immediately after they shall have been suffered respectively. No. XLI.* 1 & 2 G. IV. c. 53. Officer receiving Money for Stamps for inrolling Penalty, 507. Lists of Recoveries shall be kept in the Common Pleas. &c. in each Term, whether all Reco XXXIII. And be it further enacted, That on the first sitting day of Court shall each term, the judges of the said Court of Common Pleas shall examine examine Proon oath the prothonotary or person then acting as such, and also all and thonotaries, every such other officer or officers, and person or persons whom they shall think proper, touching the inrolment of all common recoveries suffered in the term next preceding; and if on such examination it shall appear that all such recoveries shall not have been duly inrolled, then such court shall examine in like manner into the cause of such omission, and thereupon any person whom the court shall think guilty of any fault or misconduct therein, shall and may be fined at the discretion of the court, or in case of any gross neglect or misconduct shall be dismissed from his office. XXXIV. And be it further enacted, That no common recovery shall be exemplified, unless the person or persons, or some of the persons suffering the same, or interested under the same, shall require the same to be exemplified. XXXV. And be it further enacted, That the office of clerk of the King's silver in the said Court of Common Pleas shall, after the commencement of this Act, be united to and form part of the office of chirographer and custos brevium in the said court, and that the duties of all the said offices shall be discharged and executed by one officer, who shall be called the chirographer. XXXVI. And be it further enacted, That from and after the commencement of this Act, all and every right power and authority now existing in any of the officers of any of the said several courts of the civil side of the Court of King's Bench, the Common Pleas, or the pleas or common law side of the Court of Exchequer, for the taxing of bills of costs in any case whatsoever, shall cease and determine. XXXVII. And be it further enacted, That at any time after the commencement of this Act, it shall and may be lawful to and for the Lord Lieutenant or other chief governor or governors of Ireland, from time to time to appoint two officers, who shall be and be called taxing officers in common law business, and who shall hold their said offices respectively during good behaviour, and shall have separate offices, and shall therein separately and respectively have full power and authority to tax all bills of costs in common law cases of a civil nature; (that is to say) all bills of costs of or for any business of a civil nature, of or in any of the three courts aforesaid, or of any proceedings at nisi prius, in or issuing out of any of the said courts respectively, and also all bills of costs of and in the Court of Error, commonly called the Court of Exchequer Chamber, and of and in the Court of Appeals, and also all bills of costs for or relating to all such business of conveyancing as shall be in anywise connected with any such business of the said courts respectively, which shall be so taxed; and that from and after the commencement of this Act, no such costs shall be taxed by any other officer or person whomsoever. veries are inrolled, &c. tions of Recc Exemplificaveries to be made only on Requisition of Parties. Office of Clerk of King's Silver shall be united to that of Chirographer. Power of Taxing Officers in shall cease. the said Courts Two Officers to be appointed by the Lord Lieutenant, to tax all Costs in the said Courts and in the Exchequer Chamber, &c. No. XLI.* 1 & 2 G. IV. c. 53. Salaries of Taxing Offi cers 1,2001. per Annum each. Attendance of such Taxing Officers. Power of Summons and Ex amination. Delivery of and Service of Summons to tax Costs. Accounts to be kept by Taxing Offi cers. Taxing Officers shall divide Business equally, &c. Holidays and cers. In case of Sickness, &c. Taxing Officer may appoint XXXVIII. And be it further enacted, That each of the said taxing officers shall be entitled to receive out of the consolidated fund of the United Kingdom of Great Britain and Ireland, the yearly sum of twelve hundred pounds, the same to be payable by four equal quarterly payments in every year, (that is to say,) on every fifth day of January, fifth day of April, fifth day of July, and tenth day of October in every year. XXXIX. And be it further enacted, That every such taxing officer shall attend in his office on every day of the week, except Sunday, from eleven of the clock in the forenoon until four of the clock in the afternoon, for the taxation of such bills of costs of the description aforesaid as shall be brought to him for that purpose; and every such officer shall have full power to issue summonses to any persons to attend him, and shall in default of attendance by the party or parties summoned, proceed ex parte on the first summons, the service thereof being duly proved before him, and no sufficient ground being laid before him for postponing such pro ceeding; and every such officer shall have power to take affidavits and to administer oaths or affirmations relating to such summonses, and the service thereof, and the attendance thereon, and also in all matters relating to the taxation of the bills of costs concerning which he shall think proper to require any such affidavit or examination. XL. And be it further enacted, That a copy of every bill of costs intended to be taxed shall be delivered to the adverse party, three days at the least (Sundays excepted) before the issuing of any summons for taxing the same; and that every summons to attend the taxation of such bill shall be served on the party required to attend at least twentyfour hours before the time fixed for attending; and that the said taxing officers shall keep books, in which they shall enter an account of all bills of costs taxed by them, specifying therein the parties' names, the date of taxation, the amount of the bill delivered, and the amount of costs allowed and certified on the taxation. XLI. And be it further enacted, That such taxing officers shall be in all respects equal the one to the other, and shall divide between them the said business of taxation, according to such mode and arrangement as they shall agree on between themselves; and if they shall not so agree, then according to such mode and arrangement as shall be ordered and directed from time to time by the Chief Justice of the Court of King's Bench for the time being. XLII. Provided always and be it enacted, That every such taxing officer shall be excused from any attendance on the business of his said office on Good Friday, and also on Christmas Day, and on the King's birth-day, or day which shall be celebrated as such, in every year; and that in Easter week, and from Christmas Day to and on the first day of January, and in the months of August September and October in every year, it shall not be deemed necessary that more than one of the said taxing officers should be in attendance for the taxation of such costs, and if one shall be so in attendance, it shall be lawful for the other to be absent; and that it shall be lawful to and for the said taxing officers to arrange between themselves at what particular times during the said periods respectively they shall respectively be entitled to be absent, and two copies of such arrangements being made in writing, and signed by the said parties interchangeably, shall be valid and binding: and if the said taxing officers cannot agree on such arrangement, it shall be lawful for the chief justice of the Court of King's Bench to order and make such arrangement at his pleasure, and the same being so made and signed by such chief justice shall, to all intents and purposes, be valid and binding on the said parties. XLIII. Provided also, and be it enacted, That if either of the said taxing officers shall, from sickness or other reasonable cause, have occasion to be absent from the business of his said office, further or otherwise than as aforesaid, then and in every such case it shall and may be lawful to and for such taxing officer, by and with the permission of the Chief Chief Justice of King's Bench. a Deputy, with Consent of |