IX. And be it further enacted, That the several schedules to this Act No. XLI.* annexed, and all directions matters and things in the said schedules 1 & 2 G. IV. respectively contained, shall be deemed and taken to be part of this Act. c. 53. Schedules deemed Part of this Act. Salaries to be paid Quarterly out of Conso lidated Fund; and also Ex pences of X. And be it further enacted, That the said several salaries in the said schedules respectively set forth as aforesaid, shall be payable from time to time out of the consolidated fund of the United Kingdom of Great Britain and Ireland; and that the said salaries respectively shall be payable quarterly on the fifth day of January, fifth day of April, fifth day of July, and tenth day of October in every year; and that for provision for the necessary incidental expences in each court, there shall also be payable in like manner out of the same fund, to the prothonotaries in the civil side of the Court of King's Bench, and in the Court of Common Pleas, and to the clerk of the common pleas in the said Court of Pleas in the Ex- Copying chequer, being the three principal officers to be employed in the business Clerks, Coals, of the said courts respectively, on each and every of the said days, Candles, Stasuch sum as shall in each and every quarter be certified in writing under tionery, &c. the hands of not less than two judges of the court respectively to which on Certificate such principal officers belong, to have been necessarily incurred as and of Two Judges. for the costs of the clerks employed in writing engrossing and copying in the offices of the said courts respectively as aforesaid, and as and for the expences of coals candles and all other expences of the said several offices in the said courts, and in the several chambers of the said courts respectively, including therein the remuneration of the court keeper, not exceeding fifty pounds yearly, and of such stationery as shall be requisite for the purposes of the said offices and chambers respectively, and which shall not be delivered out to individuals; and every such certificate shall be given on an examination on oath of the principal officer of each department in or for which any such payment shall be required, and of such other person or persons, if any, as such judges respectively shall think proper, or as shall be produced before them for that purpose. Bench and them. XI. And whereas the office of prothonotary and filacer, and keeper of The Rights of the writs, processes, rules, orders and records in the civil side of the Court the present of King's Bench, is now holden and possessed by the Right Honourable Patentees of Henry Seymour Conway, commonly called Lord Henry Seymour Conway, the Offices of and by Robert Seymour Conway, commonly called Lord Robert Seymour Prothonotary, Conway, having been granted to them for and during the term of their &c. in King's natural lives, and the life of the survivor of them; and the office of pro- Common thonotary of the Court of Common Pleas is now holden and possessed by Pleas, and of the Right Honourable Thomas Lord Viscount Northland and the Honour- Filacer and able Vesey Knor, having been granted to them for and during the term of Exigenter in their natural lives, and the life of the survivor of them; and the office of Common filacer and exigenter of the said Court of Common Pleas is now holden Pleas, shall and possessed by the Honourable Daniel Toler esquire: And whereas the cease, and several duties of the said respective offices have been hitherto discharged Compensation by deputies, and it is expedient that the duties of the said offices should be made to hereafter be discharged by persons actually holding such offices; be it therefore enacted, That from and after the commencement of this Act, the several and respective rights of the said Henry Seymour Conway and Robert Seymour Conway, Thomas Lord Viscount Northland and Vesey Knox, and Daniel Toler, of in and to the said offices respectively, shall severally cease and determine; and that they the said Henry Seymour Conway and Robert Seymour Conway shall receive during the term of their natural lives, and the survivor of them shall receive during the term of his natural life, and the said Thomas Lord Viscount Northland and Vesey Knor shall receive during the term of their natural lives, and the survivor of them shall receive during the term of his natural life, and the said Daniel Toler shall receive during the term of his natural life, the several allowances in that behalf herein-after provided, in compensation and consideration of the loss incurred by them respectively, by the ceasing and determining of their several rights in the said offices respectively. NO.XLI.* 1 & 2 G. IV. c. 53. How annual Amount of Emoluments of the said Offices shall be ascertained and certified by Commissioners of Inquiry. Proviso as to an Allowance of 2001. per Annum paid by Prothonotaries of XII. And for the ascertaining the amount of the allowance and com. pensation to be made to the said present holders of the said last-mentioned offices, upon the ceasing and determining of their rights in the said offices respectively as aforesaid; be it enacted, That it shall be lawful for 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, and the said commissioners are hereby authorized and required to make inquiry into the salaries and emoluments of the said office of prothonotary and filacer and keeper of the writs, processes, rules, orders and records in the civil side of the said Court of King's Bench, and of the said office of prothonotary of the said Court of Common Pleas and of the said offices of filacer and exigenter of the said Court of Common Pleas, and to ascertain the annual amount of the salaries and emoluments of the said offices respectively, upon the | average of the seven years next preceding the first day of January one thousand eight hundred and twenty-one, or upon the average of the seven years next preceding such day prior to the said first day of January one thousand eight hundred and twenty-one up to which the last account of the emoluments of the said several offices shall have been settled by the said officers respectively, including out of such average all such emoluments and income as shall appear, according to the best judgment that the said commissioners can form thereof, to have arisen from any new fees, or from an increase of fees not arising from an increase of business, introduced subsequent to the appointment of the present holders of the said offices respectively, or from any fees or any increase of fees which may have been introduced within twenty years prior to the commencement of this Act, or from any fees of right belonging to any other officer, or from any fees which may have been demanded or received contrary to the provisions of any Act of Parliament, or in anyway contrary to law; and for that purpose and for the purpose of every inquiry which they are directed or authorized by this Act to make, it shall and may be lawful for the said Commissioners of Inquiry for the time being, and they are hereby authorized and required to examine upon oath all parties interested in every such inquiry, and also all such other persons as shall be produced before them the said commissioners, or as they shall think proper to require, and whom they are hereby respectively empowered to summon, together with all such accounts books and vouchers, as the said commissioners shall call for; and the said Commissioners of Inquiry for the time being, or any three of them, shall thereupon certify, under their hands and seals, the amount of the yearly income of every such officer, on the average of the said seven years as reduced by the exclusion of such emoluments as aforesaid, and also by the exclusion of all such part share or proportion of the fees or profits remaining after such reduction as shall during the said period of seven years, have been paid to or received or retained by or on behalf of the deputies or clerks of the said offices respectively, and also by the exclusion of all disbursements and other deductions whatever, (except in the case herein-after mentioned and provided for,) so as to state only the net annual income of the said offices respectively, on the average of the said seven years, according to the said mode of estimating the same; and the said certificate shall contain a statement of the particular fees profits and emoluments on which such averages shall have been taken as aforesaid, and also of the fees profits and emoluments heretofore received, which shall be excluded from such ave. rages, and the said certificate shall be filed in the office of the auditor-general in Dublin Castle, without any fee being paid for the same, and shall remain there as a record. XIII. Provided always, and be it enacted, That a certain yearly sum of two hundred pounds which has been for several years paid out of the emoluments of the said office of the said prothonotary of the Court of King's Bench to Thomas Church, by the bounty of the said Lords Henry Seymour Conway and Robert Seymour Conway, and which will continue to King's Bench be paid to the said Thomas Church in manner herein-after mentioned, to Thomas Church. No. XLI.* c. 53. shall not be deducted out of the annual income of such office received during the said seven years, as a disbursement under the meaning of 1 & 2 G. IV. this Act; but that the said yearly sum of two hundred pounds shall be considered as forming part of the annual income of the said office, payable to the said Henry Seymour Conway and Robert Seymour Conway, and shall be included by the said Commissioners of Inquiry in the amount of the net average annual income of the said office, to be certified by the said commissioners in manner aforesaid. each Officer during his Life. XIV. And be it further enacted, That from and after the filing of the Amount of said certificate of the said Commissioners of Inquiry, there shall be issued Compensation and paid and payable to the said Henry Seymour Conway and Robert to be paid to Seymour Conway, and to the survivor of them, in respect of the said offices of prothonotary and filacer and keeper of the writs, processes, rules, orders and records of the civil side of the Court of King's Bench; and to the said Thomas Viscount Northland and Vesey Knox, and to the survivor of them, in respect of the said office of prothonotary of the said Court of Common Pleas ; and to the said Daniel Toler, in respect of the said office of filacer and exigenter of the said Court of Common Pleas, and to their assigns respectively yearly and every year during the term of the respective natural lives of the said persons respectively, and according to the rights and titles of such persons respectively, unless Parliament shall otherwise provide in manner herein-after set forth, out of and charged and chargeable upon the consolidated fund of the United Kingdom of Great Britain and Ireland, a sum equal to the sum which shall be so ascertained by such certificate to be the net annual amount of the income and emoluments of each of the said offices respectively, in full of all compensation under this Act; and such annual sums, unless any parliamentary provision to the contrary be made as herein-after mentioned, shall be paid and payable to all and every such persons and person, and their and his assigns, during the term of the several natural lives of all and every such persons and person, and according to the rights and titles of such persons respectively, by four equal quarterly payments in each and every year, free and clear of all taxes and deductions whatsoever, on the fifth day of January, the fifth day of April, the fifth day of July, and the tenth day of October, in each and every year; the first payment thereof to become due on the fifth day of October one thousand eight hundred and twenty-one, together with a rateable proportion of such sum as may become due on the said account during the interval between the commencement of this Act and the said fifth day of October, but not to be paid until after the filing of the said certificate; and also such proportion of any such quarterly payments as at the time of the decease of any such person shall be due from the quarter-day next preceding the time of such decease. XV. Provided always, and be it enacted, That the yearly sum of two hundred pounds shall be paid out of the said consolidated fund, by such four equal quarterly payments, to the said Thomas Church, during the term of his natural life, and shall be deducted out of the sum payable under this Act as a compensation to the said Henry Seymour Conway and Robert Seymour Conway, and the survivor of them; and that from and after the decease of the said Thomas Church, the said annual sum of two hundred pounds shall be paid to the said Henry Seymour Conway and Robert Seymour Conway, and the survivor of them, as part of the compensation payable to them under this Act, in case they or either of them shall survive the said Thomas Church. 2001. per to Protho- Additional XVI. And whereas Rowley Heyland, the present deputy clerk of the rules in the civil side of the Court of King's Bench, has heretofore discharged the duty of the said office of clerk of the rules, and the income rising therefrom will be so much diminished by the provisions of this Act, that it is deemed reasonable to increase the salary of the said office of clerk of the rules whilst it shall be holden by the said Rowley Heyland: And whereas King's Bench and 3001. to the case of William Houghton, clerk of the appearances and attachments the Clerk of in the Court of Pleas in the Exchequer, is one of peculiar hardship and Appearances and Attachments in the Court of Pleas in Exchequer, while held by the present Officers. No. XLI.* 1 & 2 G. IV. c. 53. Deputy Filacer and Exigenter to be continued in that Office. A Compensa tion of 3007. yearly to Richard Pat ten, late Clerk of the Satisfactions, &c. in the Exchequer. A Compensa tion to be made to the Cursitor of the Court of Chancery. Inferior Offcers, Clerks, &c. on apply ing for Salary shall produce Certificate of Chief Officer of the Court. In cases of loss, so as to render it expedient and reasonable to increase the salary of the said office whilst it shall be holden by the said William Houghton; be it therefore enacted, That the said Rowley Heyland and William Hough ton shall be and they are hereby continued in their respective offices during their good behaviour respectively; and that so long as they the said Rowley Heyland and William Houghton shall respectively hold their said several offices, the said Rowley Heyland shall receive the yearly sum of four hundred pounds, and the said William Houghton the yearly sum of three hundred pounds, in augmentation of the salaries of the said offices holden by them respectively as aforesaid; and that the said annua sums and augmentations respectively shall be payable in the same manner, at the same time, and out of the same fund as the salaries of the said offices are respectively payable. XVII. And whereas it is just and reasonable that provision should be made for John Clancey gentleman, who has long discharged the duties of filacer and exigenter of the Court of Common Pleas, as deputy to the said Daniel Toler, the present filacer and exigenter: be it further enacted, That the said office of filacer and exigenter shall be and the same is hereby declared to be vested in John Clancey gentleman, the present deputy in the said office, during his good behaviour; and that it shall not be lawful for the chief justice of the said court, by whom the right of appointment to the said office has been heretofore exercised, notwithstanding the saving herein contained, to remove the said Joha Clancey from the said office during his good behaviour therein. XVIII. And whereas Richard Patten hath for many years transacted the business of clerk of the satisfactions, and plaintiffs judgment book, in the office of clerk of the pleas of the said Court of Exchequer; and it hath been found impracticable to make any arrangement of the offices in the pleas or common law side of the said court, so as include the said Richard Patten therein; and as an assistant to the clerk of the pleas, he cannot under the provisions of this Act be entitled to receive any larger salary than five hundred pounds, and it is reasonable to make some further provision for him; be it therefore enacted, That from and after the commencement of this Act, the said Richard Patten shall be entitled to receive yearly, during his life, the sum of three hundred pounds, the same to be payable in the same manner, and at the same time and times, and out of the same fund, as the salaries aforesaid respectively. XIX. And whereas the cursitor of the Court of Chancery in Ireland hath been accustomed to receive from the filacer of the Court of Commen Pleas in Ireland certain fees or proportions of fees or sums, which fees or sums will cease by reason of the provisions of this Act; be it therefore enacted, That it shall and may be lawful to and for the said Commissioners of Inquiry to ascertain and certify (in like manner as is herein-before directed in other cases) the amount of the net yearly sum so received by the said cursitor on an average of such period of seven years, and such certificate shall be filed in like manner as is herein-after directed with respect to other certificates of the said commissioners, and that from and after the filing of such certificate there shall be paid to the person now holding the office of cursitor of the said Court of Chancery, or his assigns, so long as he shall live and hold the said office, an annual sum equal to the net annual amount so ascertained by such certificate, by like quarterly payments and out of the same fund as is herein-before directed with respect to any other compensation granted by this Act. XX. And be it further enacted, That wherever "any officer, deputy, clerk or assistant in any of the said several courts, except the principal officer in each such court respectively, shall apply for payment of the salary due to him, or any part thereof, he shall produce a certificate from the principal officer of the court for the time being, stating that he is the person then holding such office or employment respectively, and is entitled to receive the salary annexed by law thereto, and then due to him as such officer, deputy, clerk, or assistant. XXI. And be it further enacted, That if any of the said officers, Officer dying, &c. Executors entitled to Proportion of Quarter. c. 53. deputies, clerks, or assistants, shall die in the course of any quarter, or No. XLI.* shall have held his office or situation during part only of any quarter, 1 & 2 G. IV. such officer or clerk, or his executors or administrators, shall be entitled to receive a rateable proportion of the salary of such office or situation, for the part of such quarter during which such officer held such office: Executors Provided always, that any executor or administrator of such officer de- shall produce ceased, whether a principal officer or other, shall on receiving payment Certificate of of the salary due to such officer at the time of his decease, produce the Principal certificate of the then chief officer of the court, stating that the party Officer. deceased did, at the time of his decease, hold the office or employment in respect of which such proportion of salary shall be demanded, and was entitled to receive the salary annexed by law thereto. and direct subordinate Officers in the several Courts. XXII. And be it further enacted, That each of the said three princi- Principal pal officers in the said several courts shall at all times respectively superOfficers shall intend the conduct and proceedings of the several other officers and superintend clerks of each of the said courts respectively as aforesaid, and shall inspect their respective offices, and all records, books, papers, and documents therein respectively; and shall hear and receive all complaints which may be made to them the said principal officers respectively, of or concerning any neglect delay or misconduct in any of the said offices in the said court respectively, or in any of the business thereof respectively, and shall inquire into the same, and shall admonish such officers and clerks respectively when they shall find reason so to do, and in any case which they shall deem of sufficient importance, shall report the facts specially to the court; and it is hereby declared to be the duty of all the subordinate officers and clerks in the said several courts, to submit themselves at all times quietly and respectfully to such superintendance and admonition as aforesaid; and if at any time any of the said courts shall have occasion to inquire into any neglect or misconduct of any such subordinate officer or clerk, such court shall also inquire whether the principal officer thereof has with reasonable diligence superintended the conduct of such subordinate officer or clerk Officers of the Courts hereafter to be appointed disabled from Attornies. practising as XXIII. And be it further enacted, That every person who shall, at any time after the passing of this Act, be appointed to be an officer or clerk of or in any of the offices in the said several courts in this Act and the schedules thereto annexed mentioned and specified, shall be and is hereby declared to be incapable of practising as an attorney or solicitor in any court of law or equity in Ireland, either separately or in partnership with any other, during such time as such person shall hold the situation office or employment of an officer or clerk in any of the said offices and if any person, who shall be so appointed shall practise as Penalty, 501. such attorney or solicitor while he shall hold the situation office or employment to which he shall be so appointed contrary to the true intent and meaning of this Act, such person shall for every such offence forfeit and pay the sum of fifty pounds. Copies of Pleadings, &c. shall be made in the respective Offices. XXIV. And be it further enacted, That it shall not be lawful for any officer of any of the said several courts to cause or direct, or knowingly to permit any copy of any pleading, affidavit, order, judgment or other thing belonging to their respective offices or any part thereof, to be made in any other place, or by any other person, than in the proper office of such officer, and by a writing clerk employed by such officer in such office; and every such officer shall be responsible for the accuracy of every copy so made in his office, and for the same being duly compared with the original from which it shall be made; and every such officer who Penalty, 201 shall cause or direct or knowingly permit any copy to be made contrary to this Act, shall for every such offence forfeit the sum of twenty pounds. XXV. Provided always, and be it enacted, That if at any time it shall In case of be ascertained, by affidavit or otherwise, to the satisfaction of the chief Want of Room judge of any of the said several courts, that any officer of such court hath in Offices for not in his office sufficient room for the reasonable accommodation of Copying himself, his deputy and assistants, and of a sufficient number of clerks to Judge may allow Copies to be made out of Office. Clerks, Chief |