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c. 80.

1516Vict at pleasure, for the purpose of keeping order in the court of the Vice-Chancellor, to be appointed under this act; and the salary of the person or persons appointed or to be appointed under this act, or under any act or acts now in force, to keep order in the court of the Vice-Chancellor, to be appointed under the authority of this act, shall be of such amount, not exceeding the yearly sum of eighty pounds, as the Lord Chancellor may think reasonable; and such salary shall be paid to each such person so to be appointed, out of the same funds, and at the same time, and in like manner as the salaries of like persons have heretofore been paid (f).

Rights and establish

ments of the

ters to con

tinue until released in pursuance of this act.

(ƒ) A similar provision is contained in the act 14 Vict. c. 4, s. 6.

LVIII. Nothing herein contained shall in anywise prejudice or affect the title of the present present mas- masters in ordinary of the said court to the salaries payable to them as such masters, unless and until they shall be respectively released under this act, or the power of the Lord Chancellor to order a retiring allowance to any of them, or any of their clerks, who may be or become afflicted with some permanent infirmity, disabling him from the due execution of his office, and who shall be desirous of resigning the same; and every of the present masters in ordinary of the said court, until released under this act, shall have the same establishment of clerks, whose salaries and compensations shall be payable out of the same funds as the salaries and compensations of their clerks are now payable; and all the expenses attending the establishment of the masters' offices shall be paid in like manner as such expenses are now paid.

Nothing to affect the

general as a

LIX. Nothing herein contained shall prejudice rights, &c. of or affect the rights, duties, or privileges of the accountant accountant-general of the said Court of Chancery, master in or- as a master in ordinary of the said court, or any salary or other payment payable to the said accountant-general as such master in ordinary, or his right or title to any retiring allowance under

dinary.

c. 80.

any act or acts of parliament now in force, nor 15& 16Vict. shall the said accountant-general be called upon or required to do or perform any duties or services as such master in ordinary, other than such as are now usually performed by him.

Lord Chan

written judg

after his re

LX. Whereas it has frequently happened that The retiring after cases have been fully heard by the Lord Chan- cellor may cellor in the Court of Chancery and are standing deliver for judgment, the Lord Chancellor has delivered ments within up the great seal without being able, by reason of six weeks other urgent public business, to deliver judgment signation. therein, and much inconvenience and expense to the parties has been thereby occasioned: for remedy thereof be it enacted, that in every such case it shall be lawful for the person who has so delivered up the great seal, within six weeks after he shall have delivered up the same, to give in to the registrar of the said court a written judgment therein, signed by him; and a decree or order, as the case may require, shall be drawn up in pursuance of such judgment; and every such decree or

order shall have the same force and effect as if the judgment in pursuance whereof it is drawn up, had been given in open court the day before he shall have so delivered up the great seal.

of terms.

LXI. In the construction of this act the ex- Construction pression "her Majesty" shall mean the sovereign for the time being; and the expression "Lord Chancellor" shall mean also and include the Lord Chancellor, Lord Keeper and Lords Commissioners. for the custody of the great seal of the united kingdom for the time being.

SUITORS IN CHANCERY Relief.

15 & 16 VICT. c. 87.

An Act for the Relief of the Suitors of the High
Court of Chancery.

[1st July, 1852. 15& 16Vict. WHEREAS several of the officers of the Court of c. 87. Chancery have from time to time received and do now receive for their own use various fees and emoluments for business done and transacted by them in or virtue of their respective offices: And whereas it is expedient that such officers should not henceforth retain such fees and emoluments for their own use, but that they should receive adequate salaries for the performance of their respective duties: And whereas it is expedient that for the relief of the suitors of the said court further provision should be made with respect to the fees now payable by them, and that increased facilities should be afforded for the despatch of the business of the said court, and that certain offices connected with the said court should be abolished: Be it therefore enacted as follows:

No officer hereafter to receive fees for his own use, but all

paid by salary.

I. From and after the twenty-eighth day of October, one thousand eight hundred and fifty-two, no officer of the Court of Chancery or of any of officers to be the judges thereof shall be entitled to receive and retain for his own use any fee or reward whatsoever, and all officers of the Court of Chancery and of the judges thereof now entitled to receive and retain any fees or other payments for their own use, which by virtue of this act they will cease so to receive after the twenty-eighth day of October, one thousand eight hundred and fifty-two, and whose salaries are not fixed by this act, shall, while they continue to hold their respective offices, receive in lieu of all fees or other payments whatsoever now received by or paid or payable to them for their own use such salary as, having regard to the emoluments heretofore received by them, and to the nature and tenure of such offices, the commissioners of her majesty's

c 87.

treasury shall think just, and upon the present 15& 16 Vict. holders of such offices respectively ceasing to hold the same the commissioners of her majesty's treasury shall fix the salaries to be thereafter received in respect thereof with reference to the nature and duties of such offices respectively.

receive fees

Chancellor

and pay them

fund.

II. It shall be lawful for all officers of the Court officers to of Chancery and of the judges thereof heretofore continue to entitled to receive any fees or emoluments for their until Lord own use, and for their successors in their respective shall otheroffices, and their several and respective clerks or wise direct, agents, to continue to receive and take all and and Pay every the fees and emoluments which have been suitors' fee accustomed to be paid to them, until the Lord Chancellor shall by any order or orders otherwise direct, and all such fees and emoluments as shall accrue and be received by such officers respectively, from and after the twenty-eighth day of October, one thousand eight hundred and fifty-two, shall be accounted for and paid by them respectively once in every month into the Bank of England, in the name of the accountant-general of the Court of Chancery, to be placed to the account there intituled "The Suitors' Fee Fund Account," the amount so received and paid by such officers respectively to be verified by the affidavit of the accounting party.

to take gra

III. From and after the twenty-eighth day of Officers not October, one thousand eight hundred and fifty-two, tuities. if any officer of the Court of Chancery or of any of the judges thereof shall, for anything done or pretended to be done relating to his office, situation or employment, or under colour of doing anything relating to his office, situation or employment, wilfully take, demand, receive or accept, or appoint or allow any person whatsoever to take for him or on his account, or for or on account of any person by him named, any fee, gift, gratuity or emolument, or anything of value, other than his salary and what is allowed or directed to be taken by him under this act or any order to be made under this act, the person so offending, when duly convicted, shall forfeit and pay the sum of five hundred pounds, and

c. 87.

15& 16ict. shall be removed from any office, situation or employment he may hold in the said court, and shall be rendered and he is hereby rendered incapable for ever thereafter of holding any office, situation or employment in the said court, or otherwise serving her majesty, her heirs or successors (a).

How offend

secuted.

(a) See 15 & 16 Vict. c. 80, s. 24, ante, p. 66.

IV. Any such offender may be prosecuted either ers to be pro- by information at the suit of her majesty's attorneygeneral, or by criminal information before her majesty's court of Queen's Bench, or by indictment.

Allowances

to cease, and

make regu

copies.

V. From and after the twenty-eighth day of for copying October, one thousand eight hundred and fifty-two, power to Lord the several allowances for copying provided for and Chancellor to directed to be paid to the clerk of reports, the clerks lations as to of entries, the assistant clerk of affidavits, the clerks of the examiners, and the copying or writing clerks of the masters in ordinary of the said court, by any act or acts of parliament now in force, shall cease; and it shall be lawful for the Lord Chancellor, by any order or orders to be from time to time made by him, to make such regulations as to the making and delivering copies of the pleadings and other proceedings in the said court, and of the documents relating thereto, and the manner in which such copies should be paid for, and the amount of charge for the same, and by whom the amount to be so charged should be received, as may from time to time seem expedient.

Power to

Lord Chancellor, by order, to

vary, reduce and abolish

fees, and to provide for

VI. It shall be lawful for the Lord Chancellor, by any order or orders to be from time to time made by him, to vary, reduce or abolish all or any of the fees payable in relation to proceedings in the Court of Chancery, and to substitute one or more fee or their collec- fees in lieu thereof, and to direct that all or any of such fees shall, from a day to be named in such order or orders and thenceforth, be collected by means of stamps to be provided and used in manner herein-after mentioned.

tion by

stamps.

After such

order, fees

VII. From and after the day named in such not to be re- order or orders, unless and until the Lord Chan

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