Page images
PDF
EPUB

No. XV. are by law authorized to do: And whereas the lord chief baron and 5 & 6 W. 4, one of the barons of the said court of exchequer have retired since the c. 46.

passing of the said act, and the powers and duties of the said court of exchequer are now discharged by the sole remaining baron of the said court : And whereas, in consequence of the continued indisposition of the said sole remaining baron, it has become expedient to provide more

effectually for the proper dispatch of the business of the said court of In case of in- exchequer: Be it therefore enacted, &c., That at any time after the disposition of re- passing of this act it shall and may be lawful, during the indisposition maining baron

or unavoidable absence of the said sole remaining baron of the court of of court of exchequer, judge

exchequer, or of the judge of the court of session, to be appointed to of court of ses

try the suits and causes in the said court, and perform the other duties sion to try suits thereof in the said recited act mentioned, to and for the judge of the in the exche- court of session officiating as lord ordinary upon the bills for the time quer court. being to try all suits and causes in the said court of exchequer, either

in term or out of term, as he shall appoint, to grant warrant for the issuing of all commissions to find debts, and fiats for the issuing of all writs of extent and other process issuable out of the said court of ex. chequer, and to revise, compound, and pass signatures for the granting of crown charters, and generally to perform all the powers and duties of the said court of exchequer, as fully and effectually as the lord chief baron, barons, and sole remaining baron of the said court were and are by law authorized to do; any thing in the said recited act to the con

trary notwithstanding. Duration of

TÍ. That this act shall continue in force until the end of the next session of parliament.

act.

c. 74.

[No. XVI.] 5 & 6 W. 4. c. 82.–An Act to abolish certain

Offices connected with Fines and Recoveries and the Cursitors in the Court of Chancery, and to make Provision for the Abolition of certain Offices in the Superior Courts of

Common Law in England. [10th September 1835.] 3 & 4 W.4, WHEREAS by an act passed in the third and fourth years of the

reign of his present Majesty, intituled An Act for the Abolition of Fines and Recoceries, and for the Substitution of more simple Modes of Assurance, it is enacted, That after the thirty-first day of December one thousand eight hundred and thirty-three no fine shall be levied or common recovery suffered of lands of any tenure, and that every fine or common recovery levied or suffered contrary to the provision of that act shall be absolutely void, save and except in cases where a writ of dedimus or other writ in the regular proceedings of such fine or recovery shall have been sued out on or before the said thirty-first day of December one thousand eight hundred and thirty-three: And whereas by the operation of the said act the business of certain offices in the court of common pleas and of the alienation office has almost wholly ceased; and it is expedient that the said offices should be abolished, and the few

duties remaining to be performed transferred to some other officer : Be Certain offices it therefore enacted, &c., That from and after the thirty-first day of Deabolished.

cember one thousand eight hundred and thirty-five the several offices in his Majesty's court of common pleas hereafter mentioned, namely, of the chirographer, and the secondary register and clerks of counties in the office of the chirographer, of the clerk of the king's silver, and of the clerk of the return office and of the inrolment of writs for fines and recoveries, and also the several offices in the alienation office, consisting of two commissioners, a receiver general, two entering clerks, a master

in chancery appointed for taking affidavits, and an office keeper, shall Records, &c.

be and the same are hereby abolished. transferied to

II. That the several records, books, and other documents of and conthe registrar in London under 3 & 4 W.4, c. 74, subject to orders of the court of common pleas.

c. 74.

cerning the duties and business of the said offices so abolished as No. XVI. aforesaid shall on or before the said thirty-first day of December be de- 5 & 6 W. 4, livered by the several officers or persons now having custody of the

c. 82. same into the hands and possession of the officer of the court of common pleas at Westminster for the time being appointed or to be appointed by the lord chief justice of the court of common pleas, for the purpose of examining, filing, and recording all certificates of the taking of acknowledgments by married women of deeds under the provisions of the said in part recited act, to be by him kept and preserved ; subject nevertheless to such rules, orders, and regulations as the court of common pleas shall or may from time to time make or ordain in respect of the same. III. That from and after the said thirty-first day of December, in all Business of

abolished such cases where parties intending to levy a fine or suffer a common re

offices transcovery shall on or before the thirty-first day of December one thousand eight hundred and thirty-three have sued out

writ of dedimus or any registrar under

ferred to the other writ in the regular proceedings of such fine or recovery, the pro- 3 & 4 W.4, ceedings, matters, and things usually done, performed, filed, or recorded by the officers whose offices are hereby abolished, or any of them, which are by law required or needful to be done, performed, filed, or recorded in respect of every such fine or recovery, shall be done, performed, filed, or recorded by the said officer of the court of common pleas for the time being appointed or to be appointed for examining, filing, and recording the before-mentioned certificates ; and the proceedings, matters, and things in all such fines and recoveries so done, performed, filed, or recorded by the said officer of the court of common pleas shall from and after the thirty-first day of December one thousand eight hundred and thirty-five be as full and effectual to all intents and purposes in law and equity as if the said proceedings, matters, and things had been done, performed, filed, and recorded by the officers whose offices are hereby abolished; any law, custom, or usage to the contrary notwithstanding : Provided always, That the said officer of the court of common pleas for the time being in the performance and execution of the duties and business hereby transferred to him shall be subject to all the enactments and provisions now in force by virtue of any statute or statutes, and to all the rules, orders, and regulations of the court of common pleas now in force or which may hereafter be made relating to all such fines and recoveries, where the writ of dedimus or other writ in the regular proceedings of such fines and recoveries shall have been sued out on or before the said thirty-first day of December one thousand eight hundred and thirty-three.

IV. That from and after the said thirty-first day of December one Searches may thousand eight hundred and thirty-five searches may be made, and be made and copies or extracts of and from the said records, books, and documents copies taken, shall and may be had and taken, at such times and in such manner as which shall be hath been the accustomed practice in the offices hereby abolished; and as available as

heretofore. all such copies or extracts, signed and authenticated by the said officer of the court of common pleas for the time being appointed or to be appointed as aforesaid, shall be as available in evidence, and as valid and effectual, to all intents and purposes, as the same would by law have been if the same had been signed, authenticated, and given by the officers whose offices are hereby abolished, or any of them.

V. That from and after the said thirty-first day of December any fine Fines heretoor fines usually called pre fines and post fines, now payable on alienation fore paid in of lands or other hereditaments to the receiver general of alienation the alienation fines, in cases where the writ of dedimus or any other writ in the regular office to be proceedings of levying a fine or suffering a common recovery shall have paid to been issued on or before the thirty-first day of December one thousand registrar under

3 & 4 W.4, eight hundred and thirty-three shall be assessed by and paid to the

c. 74, and acofficer of the court of common pleas for the time being appointed or to

counted for by be appointed as aforesaid, in like manner as the same is or are now paid him. and payable to the said receivez general of alienation fines; and the said

No. XVI. officer of the court of common pleas for the time being is hereby re5 & 6 W. 4, quired to keep a true and full account of every pre and post fine received c. 82.

by him, and to account for such fines to the lord high treasurer or commissioners of his Majesty's treasury at such times and in such manner

as he or they may direct. Same fees as

VI. That it shall be lawful for such officer of the court of common heretofore to

pleas for the time being appointed or to be appointed as aforesaid, from be received and after the thirty-first day of December, to demand and receive the and accounted same fees and emoluments for all proceedings, matters, and things done, for, and trea- performed, filed, or recorded by him as the several officers whose sury to affix

offices are hereby abolished have been accustomed to demand and remuneration

receive; and the said officer of the court of common pleas for the time of registrar for

being is hereby required to account for all such fees and emoluments performing the duties imposed

received by him to the said lord high treasurer or commissioners of his upon him.

Majesty's treasury at such times and in such manner as he or they may direct; and the said lord high treasurer or commissioners of his Ma. jesty's treasury is and are hereby authorized and empowered to allow such officer of the court of common pleas for the time being such remuneration for the performance of the duties imposed upon him by this

act as he or they shall think reasonable and proper. Compensation VII. And whereas by the operation of the said in part recited act for to lords of li. the abolition of fines and recoveries several lords of liberties and other berties and

persons in England and Wales, who are lawfully entitled to receive cerothers for loss tain sums or fines, or parts of fines, payable on the alienation of land of fines.

and other hereditaments by fine or recovery, have been and will be wholly deprived thereof, and it is reasonable and fit that compensation should be made to the said persons for such losses; be it therefore enacted, That it shall be lawful for the lord high treasurer or commissioners of his Majesty's treasury for the time being, or any three or more of them, by warrant under their hands to order and direct that from and after the thirty-first day of December one thousand eight hundred and thirty-three such annual or other compensation as in his or their discretion shall seem just and reasonable shall be made to all and every the lords of liberties, lessees or grantees under the crown, bodies corporate and politic and other persons who at the time of the passing of the said act were lawfully entitled to fines or parts of fines payable on alienation of land and other hereditaments in England or Wales as aforesaid, for any loss which they have and will respectively sustain by reason of the abolition of such fines; and all such compensations, whether annual or in gross, shall be issued and paid and payable out of and charged and chargeable upon the consolidated fund of the united kingdom of Great Britain and Ireland: Provided always, That an account of all such compensations shall within fourteen days next after the same shall be so granted be laid before the commons house of parliament, if parliament shall be then assembled, or if parliament shall not be then assembled then

within fourteen days after the meeting of parliament then next following. The sum of

VIII. And whereas the receiver general of alienation fines, prior to 2,0001. hereto. the commencement of the year one thousand eight hundred and thirtyfore paid by four, paid to the keeper or clerk of the hanaper in the court of chancery, receiver of or to his deputy, the sum of two thousand pounds per annum out of the alienation fines monies received for fines at the alienation office upon writs of covenant to the hanaper and writs of entry, towards defraying the salaries, allowances, and other to be paid out

payments charged upon the said keeper or clerk of the hanaper by acts of the consoli- of parliament and other authorities : And whereas in consequence of dated fund.

the abolition of fines and recoveries the said receiver general has not been enabled to pay the said sum since the commencement of the year one thousand eight hundred and thirty-four, and it is necessary that provision should be made for charging it upon the consolidated fund; be it therefore enacted, That it shall be lawful for the lord high treasurer or commissioners of his Majesty's treasury for the time being, if he or they shall think proper, to direct a sum not exceeding two thousand pounds per annum to be charged upon the consolidated fund of the

united kingdom of Great Britain and Ireland, and to be issued and paid No. XVI. and payable to the keeper or clerk of the hanaper in the court of chan- 5 & 6 W. 4, cery, or to his deputy, at such times and in such portions as the said c. 82. lord high treasurer or the commissioners of his Majesty's treasury may direct, to enable the said keeper or clerk of the hanaper, or his deputy, to provide for and discharge the salaries, allowances, and other pay. ments charged upon and payable in the said office of the hanaper, the first payment of two thousand pounds per annum, or such part thereof as may be required, to be reckoned and be payable from the first day of January one thousand eight hundred and thirty-four.

IX. And whereas by the operation of this act the emoluments of the Compensation acting cursitors of the court of chancery will be entirely taken away, for loss of emoand it is reasonable and fit that compensation should be made to the luments to persons now holding those situations, for the loss thereof; be it there- acting cursitors fore enacted, That it shall and may be lawful for the lord high treasurer of the court of or any three or more of the commissioners of his Majesty's treasury for chancery to be the time being, by warrant under his or their hands, to order and direct paid out of the that such annual or other compensation as to him or them, in their dis- consolidated

fund. cretion, shall seem just and reasonable, shall be made to the persons now performing the duties of acting cursitors of the court of chancery, for any loss of emoluments arising from such employment which they may respectively sustain by reason of the abolition of the offices of the cursitors of the said court by the provisions of this act, and such compensations, whether annual or in gross, shall be issued and paid and payable out of and be charged and chargeable upon the consolidated fund of the united kingdom of Great Britain and Ireland: Provided always, That an account of such compensations shall within fourteen days next after the same shall be so granted be laid before the commons house of parliament, if parliament shall be then assembled, or if parliament shall not be then assembled then within fourteen days after the meeting of parliament then next following.

X. And whereas by the operation of an act passed in the second year Cursitors of the of the reign of his present Majesty, intituled An Act for Uniformity of court of chanProcess in Personal Actions in His Majesty's Courts of Law at West- cery abolished minster, and of another act passed in the third and fourth years of the from and after reign of his present Majesty, intituled An Act for the Abolition of Fines 31st December and Recoveries, and for the Substitution of more simple Modes of Assurance, 1835, and the business of the cursitors of the high court of chancery has been duties transgreatly diminished, and it is expedient that their offices 'should be ferred to petty

bag office. abolished, and the few remaining duties transferred to some other

2 W. 4, c. 39. officer belonging to the said court; be it therefore enacted, That from 3 & 4 W. 4, and after the said thirty-first day of December the offices of the cursitors of the said high court of chancery shall utterly cease and determine, and all and every the duties of the said cursitors shall be performed by the clerks of the petty bag office in the said court for the time being, and all the acts to be done by the said clerks of the petty bag office in the performance of the duties of the said cursitors, from and after the said thirty-first day of December, shall, in all respects, and to all intents and purposes, have the same force and effect as if the same had been done and performed by the said cursitors or by their deputies.

XI. That the several records, books, and other documents of and Records, &c. concerning the duties and business of the offices of the said cursitors of the cursitors shall, on or before the said thirty-first day of December, be delivered by transferred to the said cursitors or their deputies into the hands and possession of the the clerks of said clerks of the petty bag office, to be by them kept and preserved for

the petty bag

office. the same uses and purposes as the said records, books, and other documents have been heretofore kept and preserved in the office of the said cursitors.

XII. That it shall be lawful for the said clerks of the petty bag office Clerks of the for the time being, from and after the said thirty-first day of December, petty bag to demand and receive the same fees for all acts, matters, and things office to re

c. 74.

[ocr errors]

No. XVI. done, performed, and executed by them as the several cursitors whose 5 & 6 W.4, offices are hereby abolished have been accustomed to demand and reC. 82.

ceive ; and the said clerks of the petty bag office for the time being are

hereby required to account for all such fees received by them to the ceive the same said lord high treasurer or commissioners of his Majesty's treasury, at fees as the cur- such times and in such manner as he or they may direct; and the said sitors for all

lord high treasurer or commissioners of his Majesty's treasury is and acts done by

are hereby authorized and empowered to allow the clerks of the petty them.

bag office for the time being such remuneration for the performance of the duties hereby imposed upon them as he or they shall think reasonable and proper.

« EelmineJätka »