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SPECIAL CONTINGENT ALLOWANCES applicable to the CLERKS of GENERAL
SUBDIVISION MEETINGS of LIEUTENANCY respectively.

37. When it is necessary to call the Person from a Distance to perform the Duty of a
General or Subdivision Clerk, such Person shall have an Allowance for his travelling
Expenses not exceeding Ninepence per Mile, and the Expenses of Tolls and Ferry
Money; but the Particulars of such Expenses shall be specified in a Statement, and
certified by the Lieutenancy, and transmitted in support of the Charge in the Clerk's
annual Account.

38. The Expense necessarily incurred for the Use of the Room at the Place of Meeting to be allowed upon the Production of the Receipt of the Person to whom the same may be paid.

SCHEDULE B.

SCALE of RATES of REMUNERATION to the Clerks of General Meetings for any Duty they may be required to perform under the Acts relating to the Militia, or by Her Majesty's Secretary of State, or (in Ireland) by the Lord Lieutenant, in execution of the Provisions of such Acts when the Militia is raised otherwise than by Ballot.

CLERKS OF GENERAL MEETINGS.

Per Annum.

For Trouble in executing the Duty required of them, including Copyings, £
Correspondence, and Stationery:

s. d.

In Counties where the Quota does not exceed 200

15 0 0

Where the Quota is

Above 200 and not exceeding 400

20 0 0

25 0 0

Above 400 and not exceeding 500

And where the Quota exceeds 500 the following Additions for every 100
or fractional Part of 100:

Above 500 and not exceeding 1,000
Above 1,000 and not exceeding 2,000
Above 2,000 and not exceeding 3,000

Above 3,000 and not exceeding 4,000
Above 4,000

For convening and attending any General Meeting summoned by the distinct
Order of the Secretary of State, or (in Ireland) of the Lord Lieutenant
The actual Expense incurred in printing or advertising, and for Postage, may
be charged.

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28 Vict. c. 49.

400

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CA P. XLVIII.

An Act to supply Means towards defraying the Expenses of providing Courts
of Justice and the various Offices belonging thereto; and for other Purposes.
[19th June 1865.]

WHEREAS a Bill has been or is about to be introduced into Parliament in the present
Session by the Short Title of "The Courts of Justice Concentration (Site) Act,
1865," and the Purposes intended to be carried into effect by such Bill are the Acquisition
of a Site capable of affording Accommodation to the Superior Courts of Law and Equity,
the Probate and Divorce Courts, the High Court of Admiralty, and the various Offices
⚫ belonging

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belonging to the same, and to such other Courts for the Administration of Justice, and Offices connected therewith, as may be required:

And whereas it is expedient to make Provision for the Cost of acquiring such Site, and of the Erection thereon of suitable Buildings, with all proper Furniture and Conveniences, for such Courts and Offices; and also to make Provision for such other Changes incident to and consequential on the Removal of the existing Courts and Offices from the Sites now occupied by them as are herein-after mentioned:

And whereas it is expedient that the Cost of erecting the said Courts of Justice should be borne, as follows:

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1st. By Money to be provided by Parliament to the Extent of the Value of Property surrendered, and of Relief to the Public by the Cessation of Rents now charged to the Public:

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2dly. By a Contribution of One Million Stock, Part of a Sum of One million two hundred and ninety-one thousand six hundred and twenty-nine Pounds Ten Shillings and Fivepence Three Pounds per Cent. Stock, now standing in the Books of the Bank of England to the Credit of an Account intituled "Account of "Securities purchased with Surplus Interest arising from Securities carried to "Account of Monies placed out for the Benefit and better Security of the "Suitors of the High Court of Chancery," which has arisen from the Profit of Investments, made under the Authority of Parliament at the Risk of the Public, ' of unemployed Cash Balances paid into the High Court of Chancery on account of 'individual Suitors, and which is herein-after referred to as the Surplus Interest • Fund:

3dly. By the Taxation of Suitors of the Courts other than the Court of Chancery to be accommodated in the said Building:

And whereas it is expedient that the Monies required from Time to Time for carrying ' into effect the Purposes of the said Site Act and this Act should be defrayed in the first instance out of Monies to be provided by Parliament:

And whereas the Capital of the aforesaid Surplus Interest Fund is ultimately liable to 'make good any Deficiency which may occur in the general Cash Balance remaining in the Court of Chancery from Time to Time for Payment of the Sums due to the Suitors of the said Court, and the same is, with other Funds in Chancery, also charged with the Payment of certain Compensations in the Nature of Life Annuities and other temporary Charges, and it is expedient that Provision should be made for such Liabilities and Charges in the Manner herein-after appearing :'

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Be it therefore enacted by the Queen'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, as follows:

Preliminary.

1. This Act may be cited for all Purposes as "The Courts of Justice Building Act, Short Title. 1865."

2. "The Treasury" shall mean the Commissioners of Her Majesty's Treasury for the Definition of Time being, or any Two or more of them:

"Suitors" shall mean and include not only Suitors in Courts but also all Persons proving
Wills or conducting Business in any of the Courts or Offices to be accommodated in
the said new Buildings other than and except Suitors in the Court of Chancery:
"Compensation Allowances" shall mean and include not only the Compensation Allow-
ances charged on or payable partly or wholly out of the "Surplus Interest Fund" or
the Interest or Dividends thereof or other Funds in Chancery and existing at the Time
of the passing of this Act, but also the Salaries payable to the abolished Masters in
Chancery and their Clerks and to the Master of the Reports.

Provision of Funds for Works.

Terms.

3. All Sums of Money required from Time to Time for carrying into effect the Purposes Advances to be of "The Courts of Justice Concentration (Site) Act, 1865," and for the Purpose of erecting made by the

Paymaster

upon General.

Plan of

Building and Arrangements for Care and

Maintenance of

the Building.

Repayments to the Account of the Paymaster General to be

carried to and of the Consoli

be made Part

dated Fund.

Mode of Re-
payment of
Advances to
Consolidated
Fund.

200,000l. to be

provided by Parliament as

upon the Site to be acquired under the same Act all such suitable Buildings for the Accommodation of the Superior Courts of Law and Equity, the Probate and Divorce Courts, and the Court of Admiralty, and the various Offices connected therewith, and of such other Courts for the Administration of Justice, and Offices connected therewith, or Offices used for any other Purpose of legal Administration, as may from Time to Time be prescribed by the Treasury, with all proper Furniture and Conveniences, and Accesses thereto, not exceeding in the whole One million five hundred thousand Pounds Cash, shall be provided in the first instance by Issues to be made to the Paymaster General by the Comptroller General of the Exchequer out of Monies to be provided by Parliament, and the Paymaster General shall keep a separate Account thereof.

4. The Plan upon which the said Buildings shall be erected, and the necessary Arrangements for the proper and convenient Accommodation of all the Courts and Offices to be provided for therein, and for proper Accesses thereto, shall be determined upon by the Treasury, with the Advice and Concurrence of such Persons as Her Majesty shall think fit to authorize in that Behalf; and after the Completion of the said Buildings Her Majesty may, by Order in Council, from Time to Time nominate and appoint such Persons as She shall think fit, with such Powers to superintend and regulate the said Buildings and to provide for the proper Care and Maintenance thereof, and also (if it shall be found necessary) to vary from Time to Time the internal Arrangements of the said Buildings, and the Purposes to or for which any Part thereof may be used or appropriated, as to Her Majesty shall seem proper and expedient: Provided always, that no Orders or Regulations requiring any Expenditure of public Money shall be made by such Persons without the Consent of the Treasury.

Repayment of Advances.

5. All Sums of Money which shall be paid into the Bank of England to the Account of the Paymaster General, in Repayment of Advances made by virtue of this Act, shall from Time to Time, at such Periods as the Treasury shall direct, be transferred to the Account kept by the said Bank of England with Her Majesty's Exchequer, and when so transferred shall be carried to and form Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

6. For the Purpose of securing the Repayment of the Advances to be made, under the Provisions of this Act, other than those to be granted as the estimated Value of the present Courts and Offices, as herein-after provided, there shall be contributed a Sum not exceeding One million three hundred thousand Pounds Cash, as follows:

First, One million Pounds Three Pounds per Cent. Stock, out of the Three Pounds per Cent. Consolidated Annuities, and out of the Three Pounds per Cent. Reduced Annuities, now standing in the Books of the Bank of England to the Credit of an Account, intituled "Account of Securities purchased with Surplus Interest arising "from Securities carried to Account of Monies placed out for the Benefit and better Security of the Suitors of the High Court of Chancery, which Account is herein "called The Surplus Interest Fund:""

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And secondly, a Contribution in the Nature of a Redemption Annuity, payable for a Term not exceeding Fifty Years, to be raised by Fees to be imposed as herein-after directed on Suitors and on Processes in the Courts and Offices to be accommodated in the said new Buildings other than the Court of Chancery, equivalent to the Residue of the said Advances, with Interest thereon.

7. Out of the Monies to be provided by Parliament as aforesaid for carrying into effect contributed out the Purposes of "The Courts of Justice Concentration (Site) Act, 1865," the Sum of Two of Money to be hundred thousand Pounds Cash, being the estimated Value of the present Courts and Offices, to be transferred to the Commissioners of Public Works and Buildings, or to become available for other public Purposes, and of the Relief from Rental which is at present defrayed out of public Monies for Buildings in the Occupation of Legal Departments to be ferred, and of hereafter accommodated in the new Courts, shall be considered as a Grant towards the Erection of the said Courts, and shall not be repayable to the Consolidated Fund; and if

the Value of

Courts and

Offices trans

Relief from

any

any other Property now used for Courts and Offices, and not included in the said Estimate Rent, to the of Two hundred thousand Pounds, should in like Manner be transferred or become available Public. for other public Purposes, Credit shall be given for the Value of such Property by a Reduction of the Annuity to be paid by the Contribution to be levied on Suitors as hereinafter provided, or otherwise as the Commissioners of the Treasury and the Lord Chancellor shall jointly determine.

8. There shall from Time to Time be sold, under the Order of the Lord Chancellor (such 1,000,000l. Order to be made on the Certificate of the Treasury), such Portions of the said Surplus Stock to be contributed by Interest Fund, to the Extent of but not exceeding in the whole One million of the Stock the Surplus composing the same, as the said Lord Chancellor shall from Time to Time direct; and the Interest Fund. Monies arising from every such Sale shall be received by One of the Cashiers of the Bank of England, and be paid by him to the aforesaid Account of the Paymaster General at the Bank of England, and shall be transferred to the Account of Her Majesty's Exchequer as aforesaid.

than of Chan

9. The Residue of the Advances, with Interest, is to be repaid, and is to be deemed to Contribution of be discharged, by a Contribution, to be levied on the Suitors (other than those of the Court Suitors other of Chancery) using the said Buildings, in the Nature of a Redemption Annuity calculated cery to be at Four Pounds per Centum per Annum on the Amount of such Residue, and payable for a ascertained and Term not exceeding Fifty Years, such Term to commence from the Period when any Part discharged by a Redemption of such Buildings shall be used for the Transaction of the Business of such Suitors, the Annuity. Commencement of such Period to be announced in the London Gazette by the Direction of the Treasury.

10. The Amount of such Residue so chargeable on the said Suitors is to be ascertained Mode of ascerby adding to the Principal Money payable by them Interest from the Time of the respective taining Amount chargeable on Advances up to the Commencement of the said Term, at the Rate of Three Pounds Five the Suitors. Shillings per Centum per Annum, such being the Rate at which the said Redemption Annuity of Four Pounds per Centum has been calculated.

Apportionment

11. The Suitors (other than those of the Court of Chancery) are to contribute in pro- amongst portion, as far as may be, to the Extent of the Use made by them of the Buildings erected in pursuance of the said Building Act.

The Proportion in which the Suitors are to contribute shall, subject to the Provisions of this Act, be determined by the Treasury.

Suitors other

than those of the Court of

Chancery of

their Contribution.

tribution.

12. The Contribution of the Suitors under this Act shall be levied by means of a separate Mode of Fee, herein-after called the Rent of Courts Fee, to be collected by Stamps, to be impressed levying Conon or affixed to such Documents in use in each Court or Office to be accommodated in the said new Buildings, and to be of such Amounts as may be from Time to Time determined by the Treasury, with the Consent of the Lord Chancellor, together with the Chief Judge of each of the Superior Courts of Common Law, or any One of such Chief Judges, and of such other Persons or Person as Her Majesty by Order in Council may please to direct; and all the Provisions of any Act of Parliament relating to the Payment or Collection of the Fees levied in any Court in which the Rent of Courts Fee is collected, and relating to the Stamps for collecting such Fees, shall apply to the Rent of Courts Fee payable under this Act.

The net Produce of such Rent of Courts Fee is to be paid by the Commissioners of Inland Revenue to the Credit of the aforesaid Account of the Paymaster General.

Suitors Re

13. The said Paymaster General is to keep and annually make up an Account of the Annual AdMonies due and paid in respect of the said Redemption Annuity and of the net Produce justment of received by him in respect of such Rents of Courts Fee, and of all other Payments (if any) demption made on account of such Redemption Annuity; and the said Fees imposed in respect of Annuity. such Rent of Courts Fee may be from Time to Time revised and varied so that the Produce thereof may satisfy the Amount payable from Time to Time in respect of the said Redemption Annuity; but if in any Year there shall have been an Excess in the said Receipts beyond the Amount due for such Annuity, such Excess is to be invested and accumulated, and applied at such Periods as the Lord Chancellor and the Treasury shall from Time to Time determine 28 VICT. Hh

in

Cessation of

Rent of Courts

Fee.

Power of

Treasury to make Regulations.

Chancery Com

pensations may

be redeemed or paid out of the Capital of Court Funds.

Indemnity against Loss by Appropriation of Surplus

Interest Fund.

Saving of

Courts.

in satisfying, discharging, and redeeming so much of the said Annuity as it shall at the Rates aforesaid, and having regard to the Length of Term unexpired, be sufficient to discharge and redeem.

This Account shall be annually laid before Parliament.

14. As soon as such Redemption Annuity shall have been satisfied as aforesaid the Rent of Courts Fee shall cease to be levied.

15. Subject to the Provisions of this Act, the Treasury may from Time to Time make Regulations with respect to the Mode of making and replacing the Advances required to be made for the Purposes of this Act, and with respect to all other Matters necessary to carry this Act into effect; and any Regulations made by the Treasury in pursuance of the Power given by this Act shall be as valid as if they were inserted in this Act.

Power to redeem Chancery Compensations out of Capital, and Indemnity of the Chancery
Cash Balance.

16. The Lord Chancellor may negotiate with any of the Persons entitled to Compensation Allowances for the Purchase or Redemption of the same at a Price not exceeding the Price contained in the Tables referred to in the Act of Parliament of the Tenth Year of the Reign of King George the Fourth, Chapter Twenty-four, Section Fourteen, either for a gross Amount of Cash or Stock, or for a Government Annuity; and for the Purpose of effecting such Purchase or Redemption, or of providing for any Part of such Compensation Allowances remaining unredeemed which the Income of the Funds charged therewith may be insufficient to satisfy, the Lord Chancellor may order the Sale, Transfer, or Payment of any Part of the Residue of the said Surplus Interest Fund, or of any of the other Funds charged with such Compensation Allowances, or the Purchase therewith from the Commissioners for the Reduction of the National Debt of terminable Annuities either for Lives or for Terms of Years.

17. If the General Cash Balance of the Suitors remaining in the Court of Chancery shall be at any Time insufficient to satisfy the Demands of the Suitors thereon, such Deficiency shall, to the Extent to which the Monies arising by the Sale of the aforesaid One million of the said Surplus Interest Fund would have been available, be made good out of the Consolidated Fund; and if the Residue of the Surplus Interest Fund and the other Funds charged with Compensation Allowances are insufficient to meet such Charges, in that Case such last-mentioned Deficiency also shall be made good out of the Consolidated Fund.

Saving of Jurisdiction on Removal of Courts.

18. Notwithstanding their Removal to the Site provided by "The Courts of Justice Jurisdiction of Concentration (Site) Act, 1865," the Superior Courts of Law and Equity may exercise the same Jurisdiction and enjoy the same Rights and Privileges as they have hitherto exercised and enjoyed, and all Statutes, Charters, and other Instruments wherein Westminster is described or referred to as being the Locality of the said Courts shall be construed as if the Site provided by "The Courts of Justice Concentration (Site) Act, 1865," had been described or referred to in the said Statutes, Charters, and other Instruments as the Locality of the said Courts, instead of Westminster.

Forms of Writs to be altered

by Order in Council.

Power to try
London
Causes in the
new Courts.

19. Her Majesty may by Order in Council make any Alteration that may be thought expedient for the Purpose of adapting the Forms of testing Writs and other Instruments, and the Forms themselves of Writs or other Instruments in use in the said Courts, to the Change of Locality made by "The Courts of Justice Concentration (Site) Act, 1865."

20. Her Majesty may by Order in Council from Time to Time, at the Request of the Lord Mayor, Aldermen, and Commons of the City of London in Common Council assembled, direct that all or any Issues or Inquiries in Cases at Nisi Prius which would otherwise be tried and executed within the County of the City of London shall for ever thereafter, or for a Time to be specified in such Order, be tried and executed at the Courts authorized to be erected by this Act; and in the event of such Order being made the said Courts shall, for

the

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