6 Geo. IV. c. 60. wherein they shall either jointly or severally as they shall think proper, No XXXVI. state all and every sums and sum of money received by them respectively, or by any clerk or clerks or other person or persons for their use, or by or under their authority, or with their privity or permission respectively, or for which they or any person or persons on their behalf respectively shall have given credit, for or on account or by reason of the fees or pecuniary profits of or by or under colour of the said offices of chief examiners at the equity side of the said Court of Exchequer, and of the sums from time to time paid by them respectively thereout to copying clerks, and for other official expences, from and after the first day of August one thousand eight hundred and twenty-three, up to the fifth day of April one thousand eight hundred and twenty-five; and that within fourteen days after the fifth day of July one thousand eight hundred and twenty-five, and in like manner within fourteen days next after the tenth day of October, the fifth day of January, the fifth day of April, and the fifth day of July in : each and every year, such two chief examiners, from time to time, for the time being, shall deliver and transmit to the Barons of the said Court of Exchequer a like account of all and every sum and sums of money so received in the quarter of a year ending on the said days respectively; and the barons of the said court, or any two of them, shall examine the said accounts respectively; and such barons, or any two of them, shall certify Which shall e such amount to the vice treasurer of Ireland for the time being, in such form be examined as to the said Barons shall seem fit and proper, upon the examination on and certified the oaths of each of such two chief examiners of the said court, and of to Vice Treasuch clerk or clerks or other persons as shall be produced before the said barons or any two of them, by the said officers or either of them, or as the said barons shall think fit to examine touching the same; and which oaths such barons or any two of them are hereby authorized and empowered and required to administer. surer, by the Barons of the Exchequer, after Inquiry on Oath. 1823, to IV. And be it further enacted, That in whatever sum the whole Sums requisite amount which shall have been received by or payable to the said two chief to make up examiners, in respect of their said offices, between the said first day of Deficiency of August one thousand eight hundred and twenty-three, and the said fifth 8007. a Year, day of April one thousand eight hundred and twenty-five (after deducting from Aug. 1, thereout the sums paid to copying clerks, and other necessary official expences, as aforesaid), shall be less than what will make the annual salary or pecuniary profits of each of the said two chief examiners amount to a sum at the rate of eight hundred pounds a year to each of such examiners, the same shall be the sums to be issued and paid to them respectively be issued out of the said consolidated fund, for the period between the said first accordingly. day of August one thousand eight hundred and twenty-three, and the said fifth day of April one thousand eight hundred and twenty-five; and that from and after the said fifth day of July one thousand eight hundred and twenty-five, in whatever sum the whole amount which shall have been received or shall have been payable to each of the said two chief examiners, in respect of their said offices, within the quarter of a year, ending on the said fifth day of July one thousand eight hundred and twenty-five, or within any subsequent quarter of a year comprised in any such account, (after deducting thereout the sums paid for official expences, as aforesaid,) shall be less than the clear sum of two hundred pounds for each of the said two chief examiners, the same shall be the sums to be issued for the quarter for which such account shall be delivered, and shall be computed and ascertained so as to make up the whole of the salary and pecuniary profits of each of the said two chief examiners to the quarterly sum of two hundred pounds; and every such certificate of the said barons shall be produced to and entered at the office of the vice treasurer of Ireland; and the sums payable under or by virtue of such certificate shall be issued and paid out of the said consolidated fund, as if the sums so to be ascertained had been specifically mentioned and set forth in this Act. V. Provided always, and be it enacted, That whenever and so often as Any Excess it shall appear, by any account to be delivered by any chief examiner at above 2001. quarterly shall be paid by Examiners into the Exchequer, and carried to Consolidated Fund. No. XXXVII. 6 Geo. IV. c. 93. 1001. a Year out of Consoli dated Fund to each Examiner for One Assistant Clerk. Examiners empowered to administer Oaths to Witnesses. the equity side of the said Court of Exchequer, in pursuance of this Act, and by the certificate of the Barons of the said Exchequer, or any two of them, to be made in pursuance of this Act, that the sums received by or payable to any such chief examiner, in any quarter of a year ending on such days, as aforesaid, (after deducting thereout the sums paid to copy. ing clerks, and other necessary official expences as aforesaid,) shall exceed the clear sum of two hundred pounds, the examiners who shall deliver in such account as aforesaid shall, within seven days next after the date] of such certificate, pay, or cause to be paid into the receipt of the Ex. chequer in Ireland, the amount of all such sum and sums of money as shall have been so received, by or payable to him, exceeding such sum of two hundred pounds, and which sums so to be paid shall be carried to and made part of the said consolidated fund. VI. And be it further enacted, That each of the two chief examiners of the said court shall employ one chief or assistant clerk, to superintend the preparing of all office copies, and otherwise to aid in the discharge of the duties of their said office; which clerks so to be employed before they shall act as such, shall take and subscribe the oath in that behalf directed by the said recited Act of the fourth year of His Majesty's reign; and that from and after the fifth day of July one thousand eight hundred and twenty-five, there shall be issued and paid out of the said consolidated fund, by such quarterly payments as aforesaid, to each of such examiners, the further annual sum of one hundred pounds, as and for the salary and remuneration of each such chief or assistant clerk, who shall be so employed as aforesaid, clear of all deductions. VII. And whereas no power is given by the said recited Act of the fourth year of His present Majesty's reign, to the examiners at the equity side of the said Court of Exchequer, to administer an oath to any witness or witnesses who shall be produced to be examined before them; and it is meet and expedient that such examiners should be authorized to swear the different witnesses who may be examined before them, and to administer the necessary oaths and affirmations for that purpose; be it therefore enacted, That from and after the passing of this Act, it shall and may be lawful, to and for any and every chief examiner at the equity side of the said Court of Exchequer for the time being, and he and they is and are hereby respectively authorized empowered and required to swear and take the affirmation of all and every such witnesses and witness as shall be produced or attend before such examiners respectively to be ex amined, and to administer the necessary oaths and affirmations for that! purpose; and that the depositions of all and any and every such witnesses and witness shall be of the same force, validity, and effect, and shall, and may be filed, used, and acted upon, as fully and effectually, to all intents and purposes whatsoever, as if such witnesses or witness had been sworn or had affirmed before the said Court of Exchequer or any of the barons thereof. [ No. XXXVII. ] 6 George IV. c. 93.-An Act to render valid certain Decrees and Orders at the Rolls Court.[5th July 1825.] WH WHEREAS by divers letters patent under the Great Seal of Great Britain, made and issued during the reign of His late Majesty King George the Third, and also since the decease of His said late Majesty, certain of the Justices of His Majesty's Courts of King's Bench and Common Pleas, and of the Barons of His Majesty's Court of Exche quer, and others associated with them, have been assigned, and power has been given to a certain number of them, in the absence of the Lord Chancellor or Lord Keeper for the time being of that part of the United Kingdom of Great Britain and Ireland called Great Britain, to hear and examine all matters causes and petitions whatsoever depending in the King's Chancery, between His Majesty's liege subjects or others whomsoever, and the same finally to determine, and to cause due execution to be done thereupon: And whereas such commissions were founded No. XXXVIII. 7&8 Geo.IV. c. 51. upon ancient and continued usage: And whereas divers of the justices 2.3 and others assigned by the said commissions to hear and determine the matters causes and petitions aforesaid, have, in conformity with the practices and usages of their predecessors in similar commissions, upon various occasions sat at the Rolls Court during the illness or absence of the Master of the Rolls for the time being, and heard and examined and determined divers matters causes and petitions depending in the King's said Chancery, and set down to be heard at the said Rolls Court: And whereas it hath been doubted whether such justices and others had power under such commissions as aforesaid to hear examine and determine any of the matters causes and petitions aforesaid; but it is expedient that all acts done in the supposed exercise of the powers aforesaid should be confirmed: And whereas the name of the late Chief Baron Richards was included in the several commissions which issued as aforesaid whilst he was Puisne Baron of the Court of Exchequer, but when he the was appointed chief baron of that court, his name was omitted in all subsequent commissions, according to ancient usage: but nevertheless the said Chief Baron Richards, after his name had been so omitted in Es such commissions as aforesaid, heard examined and determined divers matters causes and petitions at the Rolls, in conjunction with certain others of the persons named in the said commissions, as if his name had been still contained in such commissions: 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 all decrees, decretal All Decrees, and other orders, at any time during the reign of His late Majesty King &c. proGeorge the Third, or during the reign of His present Majesty, made and nounced at pronounced at the Rolls Court, in the absence of the Master of the Rolls, the Rolls and all other acts and things done at the court aforesaid, in the supposed Court, in the exercise of any of the powers aforesaid, and all acts done in the execution or performance of any such decrees or orders, shall have and be of as great and the like validity, effect, efficacy, force, and virtue, as if such decrees decretal and other orders, and all other acts and things, had respectively been heard, made, pronounced, determined, done, and executed by the Master of the Rolls for the time being in whose place or for whom any of such justices and others sat as aforesaid; and the same shall or may be enforced, executed, enrolled, re-heard, or appealed from in the same manner as if they respectively were decrees or orders of the Master of the Rolls in whose time they were pronounced: Provided always, that this Act shall not extend to any decree or order made or pronounced as aforesaid, where the cause, petition, motion, or matter wherein or whereupon the same was made or pronounced as aforesaid has been actually reheard before the beginning of this present session of Parliament, in consequence of the invalidity of the decree or order made or pronounced thereon as aforesaid. [No. XXXVIII. ] 7 & 8 George IV. c. 51.-An Act for further amending an Act passed in the Fourth Year of His present Majesty's Reign, for the better Administration of Justice in the Equity Side of the Court of Exchequer in Ireland.-[23d June 1827.] WHEREAS by an Act passed in the fourth year of the reign of His Absence of the Master of the Rolls, shall have the like Validity as if the Master of the Rolls had heard and determined the same. Not to extend to any Decree, &c. wherein the same has been actually re-heard. present Majesty, intituled An Act for the better Administration of Justice in the Equity Side of the Court of Exchequer in Ireland, reciting 4 G. 4. c. 70. that there were then four examiners at the equity side of the said Court of Exchequer, it was enacted, that from and after the commencement of the said Act there should be but two chief examiners at the equity side of the said court, who should perform the several duties mentioned and specified for them in the tables in that behalf thereto annexed; and that the said two examiners should be appointed by the chief baron of the said court, by deed to be by him duly executed and enrolled in the said court; VOL. IV. 2 C No. XXXVIII. 7&8 Geo. IV. # c. 51. The Sum of 2001. per Annum shall be paid to J. S. Emerson and T. Pennefa ther, by quarterly Payments, and be charged on the Consolidated Fund. and further, that the two first examiners to be appointed under the provisions of the said Act should be appointed from among the four then examiners of the said court; and further, that the said court should report to the Lord Lieutenant, or other chief governor or governors of Ireland for the time being, whether in their opinion any and what compensation ought to be made to the two examiners of the said court, and on what ground, for any loss which might be sustained by such officer or officers in consequence of the said Act or the provisions therein contained; and that a copy of such report should be laid before both Houses of Parliament, immediately after the commencement of the then next session of Parliament: And whereas John Swift Emerson and Thomas Pennefuther were two of the examiners of the said court at the time of the passing of the said Act, and the chief baron having appointed the other two examiners of the court to be examiners under the provisions of the said Act, the said John Swift Emerson and Thomas Pennefuther presented a memorial to the chief baron and barons of the said court, praying that the said chief baron and barons would take the case of them the said John Swift Emerson and Thomas Pennefather into consideration, and report what compensation they ought, in the opinion of the said chief baron and barons, to have in consequence of the said Act: And whereas the said chief baron and barons of the said court did, in and by their report to His Excellency Richard Marquess Wellesley, Lord Lieuteuant General and General Governor of Ireland, bearing date the third day of February one thousand eight hundred and twenty-six, report their opinion, that inasmuch as the said John Swift Emerson and Thomas Pennefather were deprived of their office, not from any default of theirs, but for the advantage of the public, the annual sum of two hundred pounds to each, for their lives respectively, would be a reasonable compensation for their loss in consequence of the said Act; and did further submit it as their opinion, that such annual sum should commence from the first day of August one thousand eight hundred and twenty-three, the time when the said Act came into operation, and the period from whence the salary for the new examiners was appointed to commence, under an Act made in the sixth year of His present Majesty, for amending the said recited Act of the fourth year of His present Majesty: And whereas a copy of the said report has been duly laid before both Houses 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 from and after the passing of this Act there shall be issued and paid to each of them the said John Swift Emerson and Thomas Pennefather the several annual sums of two hundred pounds during their respective lives, yearly and every year, out of and charged upon the Consolidated Fund of Great Britain and Ireland, after payment of all sums previously charged on the said fund, such annual sum to commence from the said first day of August one thousand eight hundred and twenty-three, and to be paid and payable by four quarterly payments in each and every year, on every twenty-fifth day of March, twentyfourth day of June, twenty-ninth day of September, and twenty-fifth day of December, the first payment thereof to be made on the first of the said days which shall happen next after the passing of this Act, and in proportion to the time which shall then have elapsed from the said first day of August one thousand eight hundred and twenty-three; and also to the executors of the said John Swift Emerson and Thomas Pennefather respectively such proportion of any such quarterly payment as at the time of the decease of the said John Swift Emerson and Thomas Pennefather respectively shall be due from the quarter-day next preceding the time of such decease; and in case it shall happen that either of them the said John Swift Emerson and Thomas Pennefather should die before the quarter-day next after the passing of this Act, then such proportion of the said respective annuities as shall be due from the said first day of August one thousand eight hundred and twenty-three, up to the day of the decease of the party so dying, shall be paid to the executors of such party so dying. PART IV. CLASS XXVI. Coroner. [No. I. ] 58 George III. c. 95.-An Act to regulate the Election of Coroners for Counties.-[10th June 1818.] WHEREAS there are no sufficient regulations for the election of 58 George III. c. 95. his county court for the election of Coroner at the usual place of election; and if election not determined on view ceed to take a then to pro poll. coroners for counties; 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 Sheriff to hold of this Act, upon every election to be made of any coroner or coroners of any county in England and Wales, the sheriff of the county where such election shall be made, shall hold his county court for the same election at the most usual place or places of election of coroners within the said county, and where the same have most usually been held for forty years last past, and shall there proceed to election at the next County court, unless the same fall out to be held within six days after the receipt of the writ de coronatore eligendo, or upon the sanie day; and then shall adjourn the same court to some convenient day not exceeding fourteen days, giving ten days' notice of the time and place of election; and in case the said election be not determined upon the view, with the consent of the freeholders there present, but that a poll shall be demanded for determination thereof, then the said sheriff, or in his absence his under-sheriff, with such others as shall be deputed by him, shall forthwith there proceed to take the said poll, in some public place, by the same sheriff, or his under-sheriff as aforesaid in his absence, or others appointed for the taking thereof as aforesaid; and Commenceevery such poll shall commence on the day upon which the same shall ment and durbe demanded, and be duly and regularly proceeded in from day to day ation of poll. (Sunday excepted) until the same be finished; but so as that no poll for such election shall continue more than ten days at most, (Sunday excepted,) and the said poll shall be kept open seven hours at the least each day, between the hours of nine in the morning and five at night: And for the more due and orderly proceeding in the said poll, the said Poll clerks to sheriff, or in his absence his under-sheriff, or such as he shall depute, be appointed shall appoint such number of clerks as to him shall seem meet or conve- and sworn. nient for the taking thereof; which clerks shall all take the said poll in the presence of the said sheriff or his under-sheriff, or such as he shall depute; and before they begin to take the said poll, every clerk so appointed shall by the said sheriff or his under-sheriff, or such as he shall depute as aforesaid, be sworn truly and indifferently to take the same poll, and to set down the names of each freeholder, and the place of his abode and freehold, and the name of the occupier thereof, and for whom he shall poll, and to poll no freeholder who is not sworn, if required to be sworn by the candidates, or either of them, and which oaths of the said clerks, the said sheriff or his under-sheriff, or such as he shall depute, are hereby empowered to administer; and the sheriff, or in his absence his under sheriff as aforesaid, shall appoint for each candidate such one person as shall be nominated to him by each candidate, to be inspector of every clerk who shall be appointed for taking the poll; and every freeholder, before he is admitted to poll at the same election, shall, if required by the candidates, or any of them, first take the oath hereinafter mentioned, which oath the said sheriff by * 2 C 2 Inspector of poll-clerk to be appointed. Freeholder, if required, to be sworn before he polls. |