provided that if the said annuity by way of compensation shall exceed the annual sum of Three thousand pounds, then the said annuity of Three thousand pounds payable under the last-recited Act to the said Charles, Viscount Canterbury, shall, from and after the commencement of the said annuity by way of compensation, cease and determine, and shall not be payable to the said Charles, Viscount Canterbury; and in case the annuity awarded by way of compensation shall be less than the net annual sum of Three thousand pounds, the provision contained in the said recited Act passed in the Session of Parliament held in the second and third years of his late Majesty King William the Fourth, for the payment unto the heir male of the body of the said Charles, Viscount Canterbury, out of the said Consolidated Fund, of such a sum of money annually as, together with the said fees, perquisites, profits, and emoluments, would make up a clear income to him of Three thousand pounds, shall, from and after the commencement of the said annuity by way of compensation, be applicable to and be in force for the purpose of making up, together with the said annuity so to be awarded in lieu of such fees, perquisites, profits and emoluments as aforesaid, a clear annual income of Three thousand pounds to the said Charles, now Viscount Canterbury, during his life. CVIII. All the claim, title, and interest which at the time of the passing of this Act the Reverend The registry of Preroga tive Court of Canterbury registrars of Robert Moore, clerk, has or is entitled to in or in to vest in respect of the building at present used as the the court. Public Registry of the Prerogative Court, shall at Compensation to Sir the time appointed for the commencement of this Act vest in the Registrars for the time being of the Court, subject to the payment of such rents, and the performance and fulfilment of such contracts in respect thereof, as the said Robert Moore, his executors, or administrators, shall be subject to at the time of such vesting.* CIX. In case Sir John Dodson, the present John Dodson Judge of the Prerogative Court of Canterbury and Dean of the Court of Arches, be not appointed the in case he be not ap pointed Judge of the First Judge of the Court of Probate, there shall Court of Probate. Establish- be paid to him during his natural life, as well by way of retiring pension as of salary as Dean of the Court of Arches, the net yearly sum of Two thousand pounds, to commence from the time appointed for the coming into operation of this Act, and to be paid out of the fund and in manner herein provided for the payment of compensations. CX. There shall be a clerk or so many clerks in each District Registry, and there shall be paid to such clerk or clerks such salary or respective salaries, as the Judge of the Court, with the sanction of the Commissioners of Her Majesty's Treasury, may from time to time think fit to direct; and it shall be lawful for such Judge to prescribe from time to time the qualifications which shall be possessed by persons appointed to be clerks in such District Registries, and generally to regulate the establishment of such District Registries with * By the Order in Council of December 2, 1857 (vide post, p. 127), the registry of the Prerogative Court of Canterbury is made the Principal Registry of the Court of Probate. reference to the duties to be performed therein; and the clerk or clerks in each District Registry shall be appointed by the District Registrar, with the approval of the Judge; and every such clerk may be removed by such Judge, or by the District Registrar with the approval of the Judge. to District Registrars CXI. Each District Registrar shall, out of the Fees payable fees taken by him in respect of the business in his re- Registrars. spective District Registry, pay the salary or salaries of the clerk or clerks in such Registry, and the residue of such fees shall be retained by such District Registrar to his own use; * and every District Registrar shall keep an account of all fees so taken by him as aforesaid, and shall within one month after the end of each year render to the Commissioners of her Majesty's Treasury a faithful account in writing of all such fees received by him during such year: Provided that it shall be lawful District for the Commissioners of Her Majesty's Treasury, may be paid at any time after the commencement of this Act, instead of to order that the District Registrars under this Act, or any of them, shall be paid by salaries instead of fees, and to fix the salaries to be payable to them respectively; and thereupon all fees payable to the District Registrars so ordered to be paid by salaries shall be accounted for and paid into the Exchequer at such times and under such regulations as the Commissioners of Her Majesty's Treasury shall direct, and shall be carried to and form part of the Consolidated Fund of the United Kingdom, and the salaries of such District Regis * See sect. 18. by salaries fees. Compensation to clerical surrogates, &c. Persons receiving tion to be called upon &c. trars and of their clerks shall be paid out of such monies as shall be provided by Parliament for that purpose, and no such District Registrar shall be deemed to have any claim to compensation on account of any diminution of his emoluments by reason of any such order. CXII. It shall be lawful for the Commissioners of the Treasury to grant to every clerical surrogate or other clerical person who, at the time of the passing of this Act, shall have been appointed surrogate in either of the provinces of Canterbury or York, such compensation for any loss the said surrogates or persons may sustain by the passing of this Act as the said Commissioners deem just and proper to be awarded; the said Commissioners having regard in awarding such compensation to the circumstance of the said clerical surrogates not being able to follow any other professional employment in lieu of the said office of surrogate. CXIII. That every person to whom any comcompensa- pensation shall be granted under this Act shall at liable to be all times when called upon be liable to fill any to fill offices, public office or situation in England under the Crown for which his previous services in any office abolished by this Act may render him eligible; and that if he shall decline when called upon so to do to take upon himself such office or situation, and execute the duties thereof satisfactorily, being in a competent state of health, he shall forfeit his right to any compensation or allowances which may have been granted to him in respect of such previous services. Publication of accounts. CXIV. The Commissioners of Her Majesty's Treasury shall cause to be prepared in each year, Privy Coun CXV. The Judge of the Court, if a Privy Coun- Judge, if a cillor, shall be a member of the Judicial Committee cillor, to be of the Privy Council. CXVI. And whereas, with reference to the a member of Judicial Committee. |