No. XII. c. 116. II. That all such fees and pecuniary profits as have heretofore been used and accustomed to be demanded and received by or for the use 2 & 3 W. 4, of any of the aforesaid judges (save and except the said cursitor baron), or of the lord chancellor of Ireland, shall continue to be demanded and received by the persons who have heretofore demanded and received the Fees, &c. same, and shall be accounted for quarterly, and paid into the ex- heretofore rechequer, and be carried to and make part of the said consolidated ceived by fund. judges and lord chancellor of Ireland to be paid into the exchequer. III. That it shall be lawful for his Majesty, his heirs and successors, Salary to lord to grant to the lord lieutenant general and general governor of Ireland lieutenant of for the time being an annual salary of twenty thousand pounds, charge- Ireland. able upon the said consolidated fund of the united kingdom of Great Britain and Ireland, to be paid and payable quarterly at the four most usual days of payment in the year, the first payment to commence and take effect from the fifth day of April one thousand eight hundred and thirty-two. IV. That it shall be lawful for his Majesty, his heirs and successors, Diplomatic to charge upon the consolidated fund of the united kingdom of Great salaries and Britain and Ireland an annual sum of two hundred and three thousand pensions. five hundred and ten pounds, to defray the charge of the salaries and allowances of his Majesty's diplomatic servants employed at foreign courts, and of the pensions which have been granted or may hereafter be granted to persons having served his Majesty at foreign courts, the said charge to take effect and commence from the fifth day of April one thousand eight hundred and thirty-two. grants of pen V. Provided always, That until the said sum of two hundred and Restriction on three thousand five hundred and ten pounds shall be reduced to the sum amount of of one hundred and eighty thousand pounds, it shall not be lawful for his Majesty, his heirs or successors, to grant in any one year a larger sions. annual amount in pensions for diplomatic services than two thousand pounds in the whole; and when the actual charge shall be reduced to the sum of one hundred and eighty thousand pounds, it shall not be lawful for his Majesty, his heirs and successors, to charge upon the said consolidated fund for any one year a larger amount to defray the charges of diplomatic salaries, allowances, and pensions than one hundred and eighty thousand pounds. VI. That no new diplomatic pension which may hereafter be granted Limitation of under the authority of this act shall exceed one thousand seven hun- diplomatic dred pounds per annum to any one person for the first class, one thou- pensions. sand three hundred pounds per annum to any one person for the second class, nine hundred pounds per annum to any one person for the third class, and seven hundred pounds per annum to any one person for the fourth class; and that such pensions shall only be so granted under the following regulations and restrictions; (that is to say,) First, That no diplomatic pension whatever shall be granted to any person until the expiration of fifteen years from the date of his first commission, nor unless he shall have actually served ten years: Second, That no person shall be qualified to receive a pension of the first class unless he shall have actually resided three years as ambassador at some foreign court: Third, That no person shall be qualified to receive a pension of the second class who shall not have actually resided five years as an envoy extraordinary and minister plenipotentiary at some foreign court: Fourth, That no person shall be qualified to receive a pension of the third class who shall not have actually resided five years as minister plenipotentiary or minister resident at some foreign court: Fifth, That pensions in the remaining class shall not exceed seven hundred pounds per annum, under the same conditions as to time of residence. No. XII. 2 & 3 W. 4, c. 116. Forfeiture or abatement of VII. Provided always, That all diplomatic pensions shall be subject to forfeiture in case of refusal of the person holding the same to proceed to any mission of equal or higher rank than that in respect of which such pension may have been granted, and of suspension or abatement in any case in which the person holding the same may be appointed to any office of profit under the crown. pension in certain cases. Account of VIII. That an account of all payments which may be made for dipensions to be plomatic salaries, allowances, and pensions shall be laid before both houses of parliament on or before the twenty-fifth day of March in laid before parliament. Providing for the late civil list pensions. Such pensions to be granted only to those persons who were charged on the civil list, &c. Salaries of officers for every year. IX. That it shall be lawful for his Majesty, his heirs and successors, to direct the payment of any sum or sums of money, not exceeding in the whole eighty-five thousand one hundred and twenty-nine pounds per annum, out of the consolidated fund of the united kingdom of Great Britain and Ireland, to defray the charge, during the pleasure of his Majesty, his heirs and successors, of those pensions which, prior to the accession of his Majesty, were charged upon the civil list payable in England and in Ireland, upon the hereditary revenues of Scotland, and the four and a half per centum duties, and for which no provision was made in the civil list granted to his Majesty by the act for the support of his Majesty's household, and for the honour and dignity of the crown; the said charge to commence and take effect from the fifth day of April one thousand eight hundred and thirty-two. X. Provided always, That such pensions shall be granted only to or on behalf of those persons who were in the receipt and enjoyment of, or were beneficially interested in, a pension of corresponding amount upon the civil list in England or in Ireland, the hereditary revenues of Scotland, or the four and a half per centum duties, prior to the accession of his Majesty; and that such of the said pensions and of the salaries and allowances herein-after mentioned as have heretofore been paid out of the hereditary revenues of Scotland, and out of the four and a half per centum duties, shall, after his Majesty's life, (which God long preserve,) and in the event of his Majesty's heirs and successors resuming the rights of the crown in the said hereditary revenues of Scotland, and the four and a half per centum duties, and receiving the same, then cease to be a charge on the said consolidated fund. XI. That it shall be lawful for his Majesty, his heirs and successors, to charge upon the consolidated fund of the united kingdom of Great merly paid out Britain and Ireland any sum or sums of money, not exceeding in the of civil list. whole twenty thousand three hundred and nine pounds per annum, to pay salaries and allowances which prior to the accession of his Majesty were chargeable on the civil list revenues in England and Ireland, and on the hereditary revenues in Scotland, and for which no provision has been made by this act for the support of his Majesty's household, and for the honour and dignity of the crown, the said charge to commence and take effect from the fifth day of April one thousand eight hundred and thirty-two. Salaries, &c. to be free of all fees and taxes. The treasury may by war XII. That the several salaries, allowances, and pensions granted or to be granted under the authority of this act shall be paid net, and free and clear of all taxes or charges, for or in respect of any land tax, or of any pension or other duty, rate, or charge whatever, and clear and discharged of all fees or payments whatever to which any such salaries, allowances, or pensions may have been heretofore, or may be by any act or acts of parliament, or law or laws, or any ancient usage or custom, subject or liable; and that all such salaries, allowances, and pensions shall be paid and payable quarterly at the four most usual days of payment in the year, together with a rateable proportion of the quarter current at the death or resignation of any of the persons in the receipt of such salaries, allowances, and pensions. XIII. That it shall be lawful for the lord high treasurer, or the commissioners of the treasury of the united kingdom of Great Britain and rant direct the auditor of the exchequer to pass debentures for payment of the salaries, pensions, &c. No. XII. c. 116. Ireland, for the time being, or any three or more of them, and they are hereby authorized and required, by warrant under their hands, to direct 2 & 3 W. 4, debentures to be made forth and passed by the proper officers at the receipt of his Majesty's exchequer, from time to time, for paying the said several salaries, pensions, or sums of money, in manner as aforesaid, and as the same shall from time to time become due and payable, according to the true intent and meaning of this act; which said warrants and debentures to be made forth and passed thereon respectively, shall be sufficient authority to the several respective officers of the receipt of the exchequer, now and for the time being, for the payment of all such salaries, pensions, or sums of money, at the respective days to be appointed for such payments, without any further or other warrants to be sued for, had, or obtained in that behalf. XIV. And wheras no provision has been made for defraying the Paying up charge of that part of the salaries of the several judges enumerated in salaries from this act, formerly charged upon the civil list in England and in Ireland, 5th April, nor for any of the other salaries, allowances, and pensions to be granted 1832. under the authority of this act, for any period subsequent to the fifth day of April one thousand eight hundred and thirty-two; be it therefore enacted, That it shall be lawful for the lord high treasurer, or commissioners of the treasury, for the time being, or any three or more of them, after the passing of this act, and previously to the making up of the consolidated fund for the quarter then next ensuing, to direct and cause to be issued, out of the growing produce of the consolidated fund, such issues and payments as may be necessary to defray the charge of all such salaries, allowances, and pensions from the fifth day of April one thousand eight hundred and thirty-two to the fifth day of July one thousand eight hundred and thirty-two. of Ireland. XV. And whereas by an act passed in the sixth year of the reign of Repeal of his late Majesty king George the fourth, intituled An Act to regulate the 6 G. 4, as to Proceedinga as to sealing of Writs in the Court of Exchequer in Ireland, salary of it was enacted, that from and after the fifth day of July one thousand chancellor of eight hundred and twenty-five there should be issued and paid to the the exchequer chancellor of the exchequer of Ireland, from time to time, for the time being, and during the continuance of any and every such chancellor of the exchequer in his said office, as a compensation for the loss which would be sustained by such chancellor of the said exchequer by reason of the said act, the sum of six hundred pounds British currency, yearly and every year, out of and charged and chargeable upon the consolidated fund of the united kingdom of Great Britain and Ireland: And whereas the salary of the chancellor of the exchequer for the time being is now otherwise provided for; be it therefore enacted, That the said act, so far as the same relates to any payment to be made to the chancellor of the exchequer for the time being, in compensation for fees, shall be and the same is hereby repealed. [No. XIII.] 3 & 4 W. IV. c. 42.-An Act for the further XXXIX. And whereas it is expedient to render references to arbitra- Submission to tion more effectual; be it further enacted, That the power and authority arbitration by of any arbitrator or umpire appointed by or in pursuance of any rule of rule of court, court, or judge's order, or order of nisi prius, in any action now brought &c. not to be or which shall be hereafter brought, or by or in pursuance of any sub- revocable mission to reference containing an agreement that such submission shall without leave be made a rule of any of his Majesty's courts of record, shall not be revocable by any party to such reference without the leave of the court by which such rule or order shall be made, or which shall be mentioned of the court. No. XIII. 3 & 4 W. 4, c. 42. Power to com ance of wit nesses. in such submission, or by leave of a judge; and the arbitrator or umpire shall and may and is hereby required to proceed with the reference notwithstanding any such revocation, and to make such award, although the person making such revocation shall not afterwards attend the reference; and that the court or any judge thereof may from time to time enlarge the term for any such arbitrator making his award (1). XL. That when any reference shall have been made by any such rule pel the attend- or order as aforesaid, or by any submission containing such agreement as aforesaid, it shall be lawful for the court by which such rule or order shall be made, or which shall be mentioned in such agreement, or for any judge, by rule or order to be made for that purpose, to command the attendance and examination of any person to be named, or the production of any documents to be mentioned in such rule or order; and the disobedience to any such rule or order shall be deemed a contempt of court, if, in addition to the service of such rule or order, an appointment of the time and place of attendance in obedience thereto, signed by one at least of the arbitrators, or by the umpire, before whom the attendance is required, shall also be served either together with or after the service of such rule or order: Provided always, that every person whose attendance shall be so required shall be entitled to the like conduct money, and payment of expences and for loss of time, as for and upon attendance at any trial: Provided also, that the application made to such court or judge for such rule or order shall set forth the county where such witness is residing at the time, or satisfy such court or judge that such person cannot be found: Provided also, that no person shall be compelled to produce, under any such rule or order, any writing or other document that he would not be compelled to produce at a trial, or to attend at more than two consecutive days, to be named in such order (2). Power for the arbitrators under a rule of court to admi nister an oath, Power of XLI. That when in any rule or order of reference, or in any submission to arbitration containing an agreement that the submission shall be made a rule of court, it shall be ordered or agreed that the witnesses upon such reference shall be examined upon oath, it shall be lawful for the arbitrator or umpire, or any one arbitrator, and he or they are hereby authorized and required, to administer an oath to such witnesses, or to take their affirmation in cases where affirmation is allowed by law instead of oath; and if upon such oath or affirmation any person making the same shall wilfully and corruptly give any false evidence, every person so offending shall be deemed and taken to be guilty of perjury, and shall be prosecuted and punished accordingly. XLII. And whereas it would be convenient if the power of the superior granting com- courts of common law and equity at Westminster to grant commissions missions to take for taking affidavits to be used in the said courts respectively should be extended; be it further enacted by the authority aforesaid, That the lord extend to Scot- high chancellor, lord keeper or lords commissioners of the great seal, affidavits to land and Ireland. the said courts of law, and the several judges of the same, shall have such and the same powers for granting commissions for taking and receiving affidavits in Scotland and Ireland, to be used and read in the said courts respectively, as they now have in all and every the shires and counties within the kingdom of England, and dominion of Wales, and town of Berwick-upon-Tweed, and in the Isle of Man, by virtue of the statutes now in force; and that all and every person and persons wilfully swearing or affirming falsely in any affidavit to be made before any person or persons who shall be so empowered to take affidavits under the authority aforesaid shall be deemed guilty of perjury, and shall (1) In a recent case in the exchequer, the court, although of a contrary opinion at first, seemed inclined to think, but did not decide the point, that under this clause the court had power to enlarge the time in a submission to reference, where there had been no revocation by either party. Potter v. Newman, M.T. MS. (2) Formerly a witness could not be compelled to attend before an arbitrator, even although he had engaged to attend, and it was doubtful whether a witness could be indicted for perjury in respect of any false swearing before the arbitrator. 2 Chitty's Gen. Pr. of the Law, 98, 3 Car. & P. 419. No. XIII. C. 42. incur and be liable to the same pains and penalties as if such person had wilfully sworn or affirmed falsely in the open court in which such 3 & 4 W. 4, affidavit shall be entitled, and be liable to be prosecuted for such perjury in any court of competent jurisdiction in that part of the united kingdom in which such offence shall have been committed, or in that part of the united kingdom in which such person shall be apprehended on such a charge. tion of certain holidays. XLIII. And whereas the observance of holidays in the said courts of For the abolicommon law during term time, and in the offices belonging to the same, on the several days on which holidays are now kept, is inconvenient, very and tends to delay in the administration of justice; be it therefore enacted by the authority aforesaid, That none of the several days mentioned in the statute passed in the sessions of parliament holden in the fifth and sixth years of the reign of king Edward the sixth, intituled An Act for keeping Holidays and Fastiny Days, shall be observed or kept in the said 5 & 6 Edw. 6, courts, or in the several offices belonging thereto, except Sundays, the c. 3. day of the nativity of our Lord and the three following days, and Mon day and Tuesday in Easter week. XLIV. That this statute shall commence and take effect on the first Commenceday of June one thousand eight hundred and thirty-three. ment of act. XLV. That nothing in this act shall extend to that part of the united Not to extend kingdom called Ireland, or that part of the united kingdom called Scot- to Ireland or land, except in the cases herein-before specially mentioned (1). [No. XIV.] 4 & 5 W. IV. c. 68.-An Act to authorize an Advance out of the General Funds of Monies belonging to the Suitors of the Courts of Chancery and Exchequer in Ireland, towards the Purchasing of Ground, and Building thereon Offices necessary to the Courts of Justice in Dublin. [13th August 1834.] [No. XV.] 5 & 6 W. IV. c. 46.-An Act to amend, until WHEREAS by any act passed in the second year of the reign of his Scotland. present Majesty, intituled An Act for making Provision for the Dis- 2 W. 4, c. 54. patch of the Business now done by the Court of Exchequer in Scotland, it is amongst other things enacted, That if at any time after the passing of the said act the number of the barons of the said court shall be reduced, or after the retirement or decease of the last remaining baron, then and in such case it shall and may be lawful during the indisposition or absence of the baron and barons of such court to which the same shall be reduced, or of the judge of the court of session to be appointed to try the suits and causes in the said court, to and for the judge of the court of session, officiating as lord ordinary upon the bills for the time being, to grant warrant for the issuing of all commissions to find debts, and fiats for the issuing of all writs and extents, and other process issuable out of the said court of exchequer, and also to revise such signatures for the granting of crown charters as may be of an urgent nature and require dispatch, in like manner and to as full force and effect as the lord chief baron or other barons of the said court (1) The other clauses of this act will be found in the subsequent classes contained in Part IV. |