Appointment Court of Title and Rank of Judge of Appeal Court. Oath of Office. Appeals from to Court of Powers and Court of Appeal in Chancery (Ireland.) III. It shall be lawful for Her Majesty from Time to Time, by Letters Patent under the Great Seal of Ireland, to nominate and appoint a fit Person who shall have exercised the Office of High Chancellor of Ireland, or who shall have practised at the Bar for not less than Fifteen Years, to be a Judge of the Court of Appeal in Chancery, and every Judge so nominated and appointed shall hold his Office during good Behaviour: Provided always, that it shall be lawful for Her Majesty to remove any such last-mentioned Judge from his Office upon an Address of both Houses of Parliament. IV. The Chancellor, together with such Judge for the Time being appointed under this Act, shall form the Court of Appeal in Chancery, and the Secretaries, Registrars, and other Officers appointed to attend the Chancellor shall attend the said Court of Appeal and the respective Judges thereof, as Circumstances shall require and the Chancellor shall direct. V. The said Judge shall be styled "Lord Justice of the Court of Appeal in Chancery in Ireland," and shall as such have Rank and Precedence next after the Lord Chief Baron of the Court of Exchequer in Ireland; provided, however, that if the said Judge shall have exercised the Office of High Chancellor of Ireland he shall rank next after the Chancellor for the Time being. VI. Every Judge so appointed shall, previous to his executing any of the Duties of his Office, take the following Oath, which the Chancellor or the Master of the Rolls for the Time being is hereby respectively authorized and required to administer. do solemnly and sincerely promise and swear, That I will duly and faithfully, and to the best of my 'Skill and Power, execute the Office of Lord Justice of the Court of Appeal in Chancery. So help me GOD.' VII. From and after the First Day of January One thousand eight hundred and fifty-seven all Decisions, Decrees, or Orders which shall thereafter be pronounced by the Master of the Rolls in any Suit shall be subject to Appeal to the said Court of Appeal ; and it shall not be lawful to appeal to the Chancellor alone in relation to such Decisions, Decrees, or Orders as aforesaid, anything herein contained, or any Law or Usage to the contrary notwithstanding; and from and after the said First Day of January One thousand eight hundred and fifty-seven all Rehearings of Decisions, Decrees, or Orders made or to be made by the Chancellor shall be heard and determined by the said Court of Appeal: Provided, that nothing herein contained in relation to the said Court of Appeal shall apply to Appeals from Decisions, Decrees, or Orders of the Master of the Rolls pronounced antecedently to the said First Day of January One thousand eight hundred and fifty-seven, or to Appeals from the Masters, but such Appeals may be preferred as if the Provisions of this Act relating to the said Court of Appeal had not passed. VIII. From and after the First Day of January One thousand eight hundred and fifty-seven all the Jurisdiction of the Court which is now possessed and exercised, or which but for the passing of Court of Appeal in Chancery (Ireland). of this Act would be possessed and exercised, by the Chancellor in Chancery, in relation to Appeals from the Master of the Rolls or such Rehearings as aforesaid, and all Powers, Authorities, and Duties, as well ministerial as judicial, incident to such Jurisdiction, now exercised and performed by the Chancellor, shall be then exercised and performed by the said Court of Appeal in relation to Appeals and Rehearings under this Act. IX. Where under any Act of Parliament any Jurisdiction is vested in the Chancellor, or any Power, Authority, or Duty is to be exercised or performed by the Chancellor, and under the Directions of any Act or by any Usage such Power, Authority, or Duty is or ought to be exercised or performed by the Chancellor acting judicially in the Court, all Orders made or to be made by the Chancellor in exercise of such Jurisdiction, Power, Authority, or Duty shall be subject to Appeal, and all such Jurisdiction, Power, Authority, and Duty, and the ministerial Powers and Authorities incident thereto or consequent thereupon, which are now exercised and performed by the Chancellor, shall from and after the said First Day of January One thousand eight hundred and fiftyseven be had, exercised, and performed by the said Court of Appeal in relation to Appeals and Rehearings under this Act: Provided always, that, save as regards Appeals and Rehearings under this Act, the Chancellor shall and may, whilst sitting alone, have and exercise the like Jurisdictions, Powers, and Authorities as might have been exercised by the Chancellor if no Court of Appeal in Chancery had been created by and no Judge of Appeals in Chancery had been appointed under this Act. The Jurisdiction of Chancellor transferred to Court of Appeal in relation to Appeals. Appeals from the Incumbered Estates Court shall be to Court of X. All Appeals which by Section Fifty-one of the Act of the Twelfth and Thirteenth Victoria, Chapter Seventy-seven, or any Act amending or continuing the same, are authorized to be made from the Orders of the Commissioners or Commissioner for the Sale and Transfer of Incumbered Estates to the Privy Council in Appeal. Ireland, shall from and after the said First Day of January One thousand eight hundred and fifty-seven be made to the Court of Appeal, and from and after the said First Day of January One thousand eight hundred and fifty-seven it shall not be lawful to make such Appeals to the Privy Council; and the Court of Appeal in Chancery shall have the same Power of hearing and determining such Appeals as is by the said Act of the Twelfth and Thirteenth Victoria, or any Act amending or continuing the same, given to the Privy Council, and the Costs of such Appeals shall be in the Discretion of the Court of Appeal. obtained. XI. Appeals and Rehearings under this Act to the said Court Appeals to be of Appeal may be brought without Leave of the Court at any brought within Time within the Period of Three Months from the Time when 3 Months,unless the Decision, Decree, or Order complained of was made or shall special Leave have taken place, anything in Section Thirty of the Court of Chancery (Ireland) Regulation Act, 1850, to the contrary notwithstanding, but that after the Expiration of the Period aforesaid no such Appeal or Rehearing shall be brought unless with the special Leave of the Court. XII. It Court of Ap peal, &c. may have Assistance of Common Law Judge. Decision of Judges of Court Final Appeal to House of Lords. As to Absence of Judge of Appeal. Chancellor to regulate Business of Court. Saving of Court of Appeal in Chancery (Ireland). XII. It shall be lawful for the said Court of Appeal, and for the Master of the Rolls, and for each of the said Jurisdictions, to sit, with the Assistance of any Judge of Her Majesty's Courts of Common Law in Ireland, upon the Request of the Chancellor, if any such Common Law Judge shall find it convenient to attend upon such Request; and any such Common Law Judge so attending the said Court of Appeal shall, as regards the Matters heard before the said Court, be deemed a Judge of the said Court of Appeal. XIII. The Decision of the Majority of the Judges of the Court of Appeal, including such Judge so attending as aforesaid, shall be taken and deemed to be the Decision of the said Court; and if the Judges of the Court be equally divided in Opinion on any Matter brought before the Court by way of Appeal, or reheard, the Decree or Order appealed from or reheard shall be taken and deemed to be affirmed by the Court of Appeal. XIV. All Decisions, Decrees, or Orders of the Court of Appeal, whether on Appeals in Chancery or from the said Commissioners, shall be subject to Appeal to the House of Lords in the Cases and under the Conditions in and under which the like Decisions, Decrees, or Orders of the Chancellor would have been subject to such Appeal if this Act had not been passed. XV. All the Jurisdiction, Powers, and Authorities of the said Court of Appeal may, in the unavoidable Absence of such Judge of Appeal to be appointed under this Act, be exercised by the Chancellor sitting alone, or with such Common Law Judge as aforesaid at such Court of Appeal. XVI. The Chancellor shall fix the Times at which the Judge of the said Court of Appeal appointed under this Act shall sit with the Chancellor, and generally make such Regulations as to him may seem proper for regulating the Business of the said Court of Appeal, and for the Attendance of a Registrar of the said Court of Chancery at the Sittings of the said Court of Appeal. XVII. Nothing herein contained shall affect any of the Powers, Duties, or Authorities attached to the Office of Chancellor, or exercised by the Chancellor as Keeper of the Great Seal of Ireland (except the Powers, Authorities, and Duties which are exercised and performed by him in relation to the Appeals and Rehearings to which this Act relates), or shall create any Right of Appeal, or affect the Powers, Authorities, and Duties of the Chancellor at the Common Law or Petty Bag Side of the Court, or in relation to Bankruptcy, or under the Laws or Statutes relating to Bankrupts and Bankruptcy, or under and by virtue of any Appointment under the Sign Manual of the Crown, as having the Custody of the Persons and Estates of Persons found idiot, lunatic, or of unsound Mind, or in relation to Letters Patent, Grants, or Writings passed or to be passed under the Great Seal of Ireland, or the Revocation of such Letters Patent, Grants, or Writings, or the Powers and Authorities of the Chancellor in right or on behalf of Her Majesty as Visitor of any Charity or other Foundation, or to the Powers of the Chancellor of Appointment to Court of Appeal in Chancery (Ireland). to or Removal from or otherwise in relation to Offices in the Court or other Offices, save as herein specially provided. Rolls prevented from sitting, Judge of Ap peal Court may sit for him. XVIII. And in case the Chancellor or Master of the Rolls shall If Chancellor be prevented by Illness or otherwise from sitting at any Time or Master of when according to ordinary Course his Court would be open, or if the State of Business of the Court or other Circumstances should render it expedient and proper, the Chancellor may, by Writing under his Hand, from Time to Time, as often as Occasion may require, authorize the Judge of the said Court of Appeal to sit for the hearing and determining of Causes and Matters; and the Judge sitting under such Authority as aforesaid shall have all the Power, Authority, and Jurisdiction of the Lord Chancellor and Master of the Rolls for the hearing and determining of Causes and Matters, and may, for the Purpose of disposing of any Cause or Matter which has been partly heard by him, continue such his Sittings, notwithstanding the Chancellor or Master of the Rolls in whose Stead he has partly heard such Cause or Matter may also be sitting for the hearing of other Causes or Matters; and all Decrees and Orders made by such Judge in pursuance of such Authority shall be of the same Effect and Validity, and subject to Revision and Appeal, in the same Manner in all respects as if made by the Chancellor or Master of the Rolls, as the Case may be. XIX. It shall be lawful for Her Majesty to direct that there Salary of Judge shall be paid to the Judge of Appeal to be appointed under this of Appeal Act a Salary not exceeding One thousand Pounds, in case such Court. Judge shall be in the Receipt of any Salary or Pension as exercising or having exercised a Judicial Office in any of the Superior Courts of Law, Equity, or in the Court of Prerogative, and over and above and without Prejudice to any such Salary or Pension; and in case the Person to be appointed Judge of the Court of Appeal under this Act shall not be in the Receipt of any such Salary or Pension, such Person, on being appointed by Letters Patent under this Act, shall be entitled to and shall be paid the net yearly Salary of Four thousand Pounds, which Salaries of One thousand Pounds or Four thousand Pounds, as the Case may be, shall be issued and payable out of and charged upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland, and shall be free from all Deductions, Abatements, and Taxes, except the Income Tax, and shall be paid quarterly on the usual quarterly Days, by equal Portions, and the First of such Payments, or a proportionate Part thereof to be computed from the Time of the Appointment of such Judge of Appeal, shall be made on such of the said Days of Payment as shall first happen after the Date of such Appointment; and upon the Resignation, Death, or Removal from Office of any such Judge of Appeal, such Judge of Appeal, or his Executors or Administrators, shall be paid such proportionate Part of his Salary as shall have accrued from the Time of the Commencement or from the last quarterly Day of Payment thereof to the Time of such Resignation, Death, or Removal from Office. XX. Her Majesty, by Letters Patent under the Great Seal of Retiring Penthe United Kingdom, may grant unto any Person executing the sion to Vice Chancellor. 14 & 15 Vict. Court of Appeal in Chancery (Ireland). Office of Judge of Appeal, in pursuance of this Act, who shall not be in Receipt of any such Pension, an Annuity not exceeding Two thousand six hundred and sixty-six Pounds Thirteen Shillings and Fourpence, to commence immediately after the Period when the Person to whom such Annuity shall be granted shall resign the said Office of Judge of Appeal, and to continue from thenceforth during the natural Life of the Person to whom the same shall be granted; and such Annuity shall be issued and payable out of and charged upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland; and such Annuity shall be paid quarterly, free from all Taxes and Deductions whatsoever, except Income Tax, by equal Portions, on the same quarterly Days as the Salary of such Judge of Appeal was payable; and the first quarterly Payment, or a proportionate Part thereof, to be computed from the Time of the Resignation of the said Office, shall be made on each of the same Days as shall happen next after the Resignation of the said Office; and the Executors and Administrators of the Person to whom the same Annuity shall be granted as aforesaid shall be paid such proportionate Part of the said Annuity as shall accrue from the Commencement or the last quarterly Payment thereof, as the Case may be, to the Day of his Death; provided that it shall be lawful for Her Majesty, in and by such Letters Patent, to limit the Duration of Payment of such Annuity or any Part thereof to such Periods of Time during the natural Life of such Person in which he shall not exercise any Office of Profit under Her Majesty, so that such Annuity, together with the Salary and Profits of such other Office, shall together not exceed in the whole the said Sum of Two thousand six hundred and sixty-six Pounds Thirteen Shillings and Fourpence; provided also, that no Annuity granted to any Person having executed the Office of Judge of Appeal under this Act shall be valid unless such Person shall have continued in the said Office, or in other Judicial Office as aforesaid, for the Period of Fifteen Years, or shall be afflicted with some permanent Infirmity disabling him from the due Execution of his Office, which shall be distinctly recited in the said Grant. XXI. Whereas it is expedient that the Court should have c. 15. repealed, increased Powers of making General Orders to reform and regu save as to any'late its Procedure and Practice, with a view to Economy, Simthing done, &c.plicity, and Expedition, and that the existing Law as to the Mode ' of making General Orders of the Court should be amended :' Be it therefore enacted, That the Act of the Fourteenth and Fifteenth Victoria, Chapter Fifteen, intituled An Act to amend the Court of Chancery, Ireland, Regulation Act, 1850, is hereby repealed, save as to anything done or Proceeding commenced under the same. Orders to con XXII. All General Orders of the Court or Masters in force at tinue in force. the passing of this Act shall continue in force unless altered by or inconsistent with the General Orders to be made under this Act. XXIII. The Power of making, rescinding, and varying General Orders in relation to all Proceedings in the Court, and to all Business to be transacted by the Court and the Judges and Officers General Orders how to be made. of |