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repealed.

+ Sic. Where Party subject to

Fines, &c. resides in another

County, or has removed, Sheriff

may issue his Warrant to Sheriff acting

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reside in another County, or in any City, Borough or Place having peculiar Jurisdiction, or shall have fled into any other • County, or into any such City, Borough or Place, after such Fine, Issue, Amerciament, forfeited Recognizance, Sum or 'Sums of Money to be paid in lieu or satisfaction of them or any • of them, shall have been incurred, or shall have removed his 'Goods and Chattels out of the Jurisdiction in which such Fine, Issue, Amerciament, forfeited Recognizance, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them 'shall have been imposed, it shall be lawful for the said Sheriff, Bailiff or Officer, and he is hereby required, to apply to any Justice of the Peace acting for such County, City, Borough or Place into which the Party may have fled, or removed his Goods and Chattels; and such Justice is hereby required, upon Proof on Oath of the Handwriting of the Sheriff or Under Sheriff, Bailiff or Officer granting such Warrant, to indorse his Name thereon, which shall be a sufficient Authority to the 'Person bringing such Warrant, and to all other Persons to whom the same may be directed, to execute the same in such other County, City, Borough or Place; and in Case sufficient Distress shall not be found, whereon to levy such Fine, Issue, Amercia ment, estreated Recognizance, Sum or Sums of Money to be 'paid in lieu or satisfaction of them or any of them, and all Costs and Charges attending the Recovery thereof, then to take the Body of the Party, and lodge him in the Gaol of the County, City, Borough or Place in which the Forfeiture had been incurred, there to await the Decision of the Court at the ensuing General or Quarter Sessions: And Whereas such Pro'vision has been found ineffectual for the Purposes thereby intended, and it is necessary that better Provisions should be 'made for that Purpose; Be it therefore enacted, That so much of the said recited Act shall be repealed, and is hereby declared to be null and void to all Intents and Purposes whatever.

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III. And be it further enacted, That in all Cases where the Party incurring or subject to any Fine, Issue, Amerciament, forfeited Recognizance, † Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them, shall reside, or shall have fled or removed from or out of the Jurisdiction of the Sheriff, Bailiff or other Officer, in which any such Fine, Issue, Amerciament, forfeited Recognizance, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them, shall have been incurred, imposed or forfeited, or become due, it shall be lawful for Place where for such Sheriff, Bailiff or other Officer, and he is hereby authorized and required to issue his Warrant, together with a Copy of the Writ; directed to the Sheriff, Bailiff or other Officer acting for the County, Riding, City, Borough or Place in which such Person shall then reside or be, or in which any Goods or Chattels or other Property shall be found, requiring such Sheriff, Bailiff or other Officer to execute such Writ, and

Defaulter re

sides or where his Goods are

found, requiring him to exe

cute the Writ.

every

such last

mentioned Sheriff, Bailiff or other Officer, is hereby authorized and required to act in all respects under such Warrant, in the same Manner as if the original Writ had been delivered to him by Order of the Court of the General or Quarter Sessions of the County, Riding, City, Borough or Place for which such Sheriff,

Bailiff

Bailiff or other Officer shall act; and the said Sheriff, Bailiff or Returns
other Officer is hereby required, within Thirty Days after the thereon.
Receipt of such Warrant, to return to the Sheriff, Bailiff or other
Officer, from whom he shall have received the same, what he
shall have done in the Execution of such Process, and whether
the Party shall have given good and sufficient Security to appeal
at the ensuing General or Quarter Sessions to be held for the
County, Riding, City, Borough or Place from which the Writ
issued, and in case a Levy shall have been made, to pay over
all Monies received in pursuance of the Warrant to the Sheriff,
Bailiff or other Officer from whom he shall have received the

same.

Sheriff, &c. to render an Account yearly of

all Persons incurring Fines,

&c.

+ Sic.

IV. And be further enacted, That every Sheriff, Bailiff or other Officer acting for any County, Division, Riding, City, Borough or Place, shall and he is hereby required to make up or cause to be made up annually, and immediately after the Expiration of the Year for which he shall act, or after the usual Period for making up his Account, in case he shall act under any Grant, Appointment or other Authority for a longer Period than One Year, an Account in Writing, containing the Names and Re sidences of all Persons incurring Fines, Issues, Amerciaments, forfeited Recognizances, † Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, which he has been authorized or required to levy by virtue of any Writ or Writs issued to him, or to any Predecessor in Office; and in case Causes of Nonany Fine, Issue, Amerciament, forfeited Recognizance, Sum or payment to be Sums of Money paid or to be paid in lieu or satisfaction of them stated. or any of them, shall not have been levied or paid, the Causes of Nonpayment shall be fully and particularly stated; and such Account to be Account such Sheriff, Bailiff or other Officer is hereby required transmitted to to transmit, within Thirty Days from the Expiration of the Year the Treasury. for which such Account ought to be made up, to the Commissioners of His Majesty's Treasury, or at or within such other Period as such Sheriff, Bailiff or other Officer shall be required by the said Commissioners of His Majesty's Treasury, or any Three or more of them, in order that such Account may be duly examined, checked and inspected, under the Direction of the said Commissioners of His Majesty's Treasury, or any Three or more of them; and when so examined and approved, such Account shall be transmitted to the proper Officer in the Court of Exchequer, or to the Auditor or other Officer duly authorized to pass such Account.

Treasury within 20 Days from opening of

V. And be it further enacted, That every Clerk of the Peace Clerks of the and Town Clerk, or other proper Officer, is hereby required, Peace, &c. to within Twenty Days from the opening of the Court of General send to the or Quarter Sessions, to send to the Commissioners of His Majesty's Treasury a Copy or an Extract of the Roll or Rolls delivered by the Sheriff, Bailiff or other Officer, on the First Day of the opening of such Court of General or Quarter Sessions, in such Form as shall be required by the said Commissioners of His Majesty's Treasury, also the Causes of Discharge in case any Person shall have been relieved on Appeal to the said Court of General or Quarter Sessions, and the Answer given by any Sheriff, Bailiff or other Officer to such Court, where any Fine,

L 4

Issue,

Quarter Sessions, Copy of

Rolls delivered by Sheriff.

+ Sic.

1&2 G.4. c.53.

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§ 11.

§ 12.

Issue, Amerciament, forfeited Recognizance, † Sum or Sums o
Money paid or to be paid in lieu or satisfaction of them, or any
of them, has not been received by such Sheriff, Bailiff or othe
Officer duly authorized to receive the same.

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CA P. XXXVIII.

An Act for settling the Compensation to the Holders o certain Offices in the Courts of Law in Ireland, abolisher under an Act passed in the First and Second Years o the Reign of His present Majesty, for regulating the same [27th June 1823.

WHEREAS by an Act made in the Session of Parliamen

holden in the First and Second Years of the Reign of Hi present Majesty, intituled An Act to regulate the Proceedings i the Civil Side of the Court of King's Bench, and also in th Court of Common Pleas, and in the Pleas or Common Law Side of the Court of Exchequer, in Ireland, it is among other Thing enacted, that from and after the Commencement of the said Act the Rights of the Holders of the Office of Prothonotary and Filacer and Keeper of the Writs, Processes, Rules, Orders and Records in the Civil Side of the Court of King's Bench, and of the Office of Prothonotary of the Court of Common Pleas, and of the Office of Filacer and Exigenter of the said • Court of Common Pleas, of, in and to the said Offices respectively, should severally cease and determine; and that the Holders of the said Offices respectively should receive, during the Terms of their natural Lives respectively, certain Allowances, according to the Provisions of the said Act, in Com'pensation and Consideration of the Loss incurred by them respectively, by the ceasing and determining of their several Rights in the said Offices respectively; and for ascertaining the Amount of the Allowances and Compensations to be made to the said Holders of the said Offices, it is enacted, that the Commissioners appointed to inquire into the Duties, Salaries ⚫ and Emoluments of the Officers, Clerks and Ministers of Justice in all Temporal and Ecclesiastical Courts in Ireland, should make Inquiry into the Salaries and Emoluments of the several Offices hereinbefore mentioned and specified, and should ascer tain the annual Amount of such Salaries and Emoluments respectively, in manner in the said Act specified; and that the ⚫ said Commissioners of Inquiry, or any Three of them, should certify under their Hands and Seals the Amount of the yearly Income of every such Officer, on the Average of Seven Years, as reduced by the Exclusion of certain Emoluments, Fees, Profits, Disbursements and Deductions in the said Act specified, so as to state only the net annual Income of the said Officers respectively, according to the mode of estimating the same directed by the said Act; and that the said Certificate should contain a Statement of the particular Fees, Profits and Emoluments on which such Averages should have been taken as aforesaid, and also of the Fees, Profits and Emoluments which should be excluded from such Averages; and that the said

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• Cer

Certificate should be filed in the Office of the Auditor General in Dublin Castle, and should remain there as a Record; and it is also by the said recited Act further enacted, that from and after the filing of the said Certificate of the said Commissioners there should be issued and paid to each of the Holders of the said several Offices hereinbefore mentioned and specified, out of the Consolidated Fund, an annual Sum equal to the Sum which should be so ascertained by such Certificate to be the het annual Amount of the Income and Emolument of each of he said Offices respectively, in full of all Compensation under the said recited Act, unless any legislative Provision should be nade as in the said Act is mentioned; and it is also by the said ecited Act further enacted, that Copies of all such Certificates of the said Commissioners of Inquiry should be laid before both Houses of Parliament, and that in case no legislative Provision should be made for the Compensation of the several Officers whose Claims should have been so decided upon by the Commissioners of Inquiry, in the Course of the Session in which uch Certificate should be laid before Parliament, the said Cerificate should become final and conclusive to all Intents and Purposes whatsoever; and it is also by the said recited Act urther enacted, that the said Commissioners of Inquiry should nvestigate the Fees and Emoluments of the Crier and Usher of the Court of Exchequer, and that their Report on the same hould be laid before Parliament, and that such Report should e made in like manner as in the said Act is provided for the Certificate of the average Profits of the said Offices of Prohonotaries and Filacer: And Whereas the said Commissioners f Inquiry have proceeded under the said recited Act to make quiry into the Salaries and Emoluments of the several Offices ereinbefore mentioned, pursuant to the Directions of the said ct, and in so doing certain particular Fees, Profits and Emoluents were included and admitted by some Three, being a Lajority of the said Commissioners of Inquiry, as Part of the nual Incomes of such Offices respectively (certain others of e said Commissioners dissenting from, and not agreeing to clude or admit such Fees, Profits or Emoluments as Part of ich Incomes), and certain other particular Fees, Profits and moluments were so admitted and included by some other Three, being a Majority of such Commissioners (certain others f the said Commissioners dissenting and disagreeing as aforeid); but inasmuch as all the several Fees, Profits and Emolutents of the said Offices were not included and admitted by e same Three Commissioners, as Part of the annual Income f such Offices respectively, no Three of the said Commisoners considered themselves justified in certifying under their lands and Seals the total Amount of the yearly Income of the aid Offices, arising from the average Amount of all such Fees, Profits or Emoluments as have been included and admitted as Part of the Income of such Offices by some Three, being a Majority of the said Commissioners; and the said Commissionrs have in consequence made and filed several Certificates, ach of such Certificates stating Two distinct separate Amounts of the several net yearly Incomes of each of the said before ' mentioned

§ 14.

§ 66.

§ 67.

authorized by recited Act, such Sums to be issued to

certain Officers out of Consoll

dated Fund as shall be equal to the highest Amount of Income specified in Certificates of Commissioners.

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' mentioned Offices respectively, according to the different Vies ' which had been taken by the several Commissioners with t spect to such Fees, Profits and Emoluments as aforesaid, 'neither of which Amounts can any Three of the said Comm sioners concur, so as to agree in signing and sealing a Certifica of such Amount as required by the said Act; and it has the 'fore become necessary that some legislative Provision should 'made for the Compensation of the Parties heretofore holdi the said Offices respectively;' Be it therefore enacted by King's most Excellent Majesty, by and with the Advice and Co sent of the Lords Spiritual and Temporal, and Commons, in t present Parliament assembled, and by the Authority of the san In lieu of Sums That from and after the Fifth Day of April One thousand eig hundred and twenty three, in lieu of such Sums as under the s recited Act might have been issued out of the Consolidated Fu as being equal to the Sums which ought to have been ascertain by any Certificate or Certificates, under the Hands and Seals the said Commissioners of Inquiry or any Three of them, to the net annual Amount of the Income and Emolument of each the said Offices respectively, there shall be issued and paid payable to the Persons who, at the Time of the passing of th said recited Act, were Holders of the several Offices followin that is to say, the Office of Prothonotary, and Filacer, a Keeper of the Writs, Processes, Rules, Orders and Records the Civil Side of the Court of King's Bench, the Office of Pr thonotary of the said Court of Common Pleas, and the Office Filacer and Exigenter of the said Court of Common Pleas, an the Offices of Crier and Usher of the Court of Exchequer, and t the Assigns of such Holders of such Offices respectively, yearl and every Year during the Term of the respective natural Live of such Persons respectively, and according to the Rights an Titles of such Persons respectively, out of and charged an chargeable upon the Consolidated Fund of the United Kingdo of Great Britain and Ireland, in full of all Compensation unde the said recited Act, such Sums as shall be equal to the highes Amount of the net Incomes of the said several Offices respect ively, specified in any such Certificate or Certificates respect ively; and such annual Sums so equal to the highest Amoun of such net Incomes so respectively specified, shall be paid an payable to all and every such Persons and Person, and their an his Assigns respectively, during the Term of the several natura Lives of all and every such Persons and Person, and according t the Rights and Titles of all and every such Persons and Perso respectively, by Four equal Quarterly Payments in each an every Year, free and clear of all Taxes and Deductions what soever; on the Fifth Day of July, the Tenth Day of October, the Fifth Day of January, and the Fifth Day of April in each and every Year; the first Quarterly Payment thereof to become due and payable on the Fifth Day of July One thousand eight hun dred and twenty three; and that within One Calendar Month sued for Arrears after the passing of this Act, there shall also be issued and paid from 16th June out of the said Consolidated Fund to all and every such Persons 1821, up to 5th and Person, the Rights of whom to any such Offices were abolished by the said Act, or to the Assigns or personal Repre

Sums to be is

April 1823;

sentatives

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