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Hall Plumer, and Lancelot Baugh Allen, as Clerks of Enrolments, the yearly sum of 4111. 58. each ; to the said Francis Vesey, Edward Vernon Utterson, William Turton, Lancelot Baugh Allen, and Henry Gawler, as Six Clerks, the yearly sum of 1,5771. 188. 6d. each; and to the said John Mitford, as Deputy-Clerk of the Enrolments, the yearly sum of 7071. 13s. 70. for compensation for the loss of their respective offices as aforesaid : and that such yearly sums be payable and paid by equal quarterly payments, on the 3d day of February, the 3d day of May, the 3d day of August, and the 3d day of November, in every year; the first of such quarterly payments to be made on the 3d day of August next. And his Lordship doth order, that out of any cash that may at any time be remaining in the Bank to the credit of the said account entitled “The Suitors' Fee Fund Account,” but subject as aforesaid, there be paid to the said John Bentall, Thomas Hall Plumer, and Lancelot Baugh Allen, as Clerks of Enrolments as aforesaid, the sum of 2111. 4s. 3d. each; to the said Thomas Vesey, Edward Vernon Utterson, William Turton, Lancelot Baugh Alleu, and Henry Gawler, as Six Clerks as aforesaid, the sum of 8101. 8s. each; and to the said John Mitford, as Deputy-clerk of Enrolments, as aforesaid, the sum of 3631. 9s. Id. being the proportionate part of their said respective yearly sums for compensation, which accrued from the said 28th day of October 1842, to the said 3d day of May last, both days exclusive ; and for the purposes aforesaid, the said Accountant-general is to draw on the Bank according to the form prescribed by the Act of Parliament and the general rules and orders of this Court in that case made and provided.—(B. 1842, fol. 981. J. C. for E. D. C.)
(signed) J. Collis, Registrar.
Lord Chancellor.—Thursday the 10th day of August, in
the 7th year of the reign of Her Mr. Johnson (seal) Majesty Queen Victoria, 1843; in
the Matter of the Suitors of the High
Court of Chancery. Whereas by an Act passed in the 6th year of the reign
of Her present Majesty, intituled, “ An Act for abolishing certain Offices of the High Court of Chancery in England,” it was amongst other things enacted, that it should be lawful for every person who should at the passing of the said Act, be a Clerk of the Enrolments, Deputy of such Clerk, Comptroller of the Hanaper, Riding Clerk, Sworn Clerk, Waiting Clerk, Agent, or Record Keeper, and whose office or employment should be abolished or affected by the said Act, to make a claim for compensation within 12 calendar months after the passing of the said Act, to his Lordship, who should proceed, in such manner and upon such average as he might think proper, to enquire what compensation ought to be made to any such claimant, and what were the fees and emoluments in respect of which the same should be allowed ; and in every case in which such claim should be established to the satisfaction of his Lordship, he was thereby authorized and empowered to determine by an order the amount of the annual compensation which should seem to him to be just and reasonable for the loss sustained by such claimant, being, in the case of a Clerk of the Enrolments or Deputy as aforesaid, or Comptroller of the Hanaper, Riding Clerk, Six Clerk, Sworn Clerk, or Waiting Clerk, not less than three-fourths, nor more than the whole, and in case of an Agent or Record-keeper, not less than two-thirds, nor more than the whole of the sum which shall be determined by his Lordship to be the net annual value of such fees and emoluments : Provided always, that no other period should be fixed for any such average as aforesaid than three years, expiring on any day between the passing of the said Act and the 1st day of November then next, or some portion of such three years ; and that, for the purpose of taking any average in the case of a Sworn Clerk or waiting Clerk, the fees and emoluments of any business previous to the acquisition of such business by any Sworn Clerk or Waiting Clerk, claiming compensation in respect thereof, should be deemed to have been the fees and emoluments of such Sworn Clerk or Waiting Clerk ; provided further, that no average shall be taken or compensation awarded in respect of any business which should be acquired after the passing of the said Act. And it was further enacted, that a yearly sum, equal to one-half the annual sum to be
awarded as compensation to any Sworn Clerk or Waiting Clerk, should for seven years to be computed from the day of the decease of such Sworn Clerk or Waiting Clerk, be paid to the executors, administrators or assigns of such Sworn Clerk or Waiting Clerk, as part of his personal estate.
And it was further enacted, that it should be lawful for his Lordship to award such compensation, if any, as he might think fit to the person who, on the 26th day of October then next after the passing of the said Act, should be Clerk of the Public Office in Chancery, for any loss he might sustain under the said Act, and also to persons whose emoluments might be diminished or abolished under the said Act, by reason of any change or discontinuance of the scaling or signing of writs. And it was further enacted, that all salaries, compensations, allowances on account of compensation, and retiring allowances under the said Act should grow due from day to day, but should be payable on the 3d day of February, the 3d day of May, the 3d day of August, and the 3d day of November in every year, or on such other days as his Lordship should from time to time by any order direct, and should be paid to the parties entitled thereto, or their respective executors or administrators, out of the fund standing in the name of the Accountant-general of this Court, entitled “the Suitors' Fee Fund Account.” And whereas by an order of this Court, made on the 26th day of October 1842, it was ordered that all acknowledgments, affidavits, or affirmations required for the purpose of inrolling auy deed or other document in Chancery might be made, sworn, or affirmed, before the Clerk of Enrolments in Chancery, or before any Clerk of Records and Writs, as occasion might require, for the better dispatch of business. And it was further ordered, that pleas, answers, affidavits, or affirmations whereon to ground process of contempt, affidavits or affirmations required to be annexed to bills, and oaths or affirmations, as to the carriage of pleas, answers, examinations, or depositions of witnesses taken before Commissioners in the country, might be sworn, affirmed, or attested upon honour before any Clerk of Records and Writs, or before the Clerk of Enrolments in Chancery, as occasion might require, for the better dispatch of business. And it was further ordered, that all &ffidavits and affirmations to be filed in the Affidavit-office might be sworn or affirmed before the Clerk of Affidavits, who is to receive the proper and usual fees for receiving the same, and to pay the amount of the several sums which he might so receive into the Bank of England, to the account of the Suitors' Fee Fund. And whereas it had been represented to his Lordship by William Thodey Smith, the Clerk of the Public Office in Chancery, that by reason of the operation of the said Act he had and would sustain a loss of 3001. per annum, and had presented to his Lordship a claim for compensation in respect thereof. And whereas Joseph Bicknell, John Ellis, Michael Bentley, Thomas Hill Mortimer, Thomas Mortimer, Edward Jordan Graeff, Christopher Cookney, and Charles Tancred, as Sworn Clerks of the Court of Chancery; John Allen Pigott as Agent, and William Roberts as Agent and Record-keeper, Henry Haines as Receiver of the Sixpenny Writ Duty, John Holdship as Chaff Wax, Robert Hand as Sealer, and William Learmouth as Messenger, have respectively presented claims to his Lordship for compensation for the loss of the fees and emoluments of their respective offices; whereby it appeared that the fees and emoluments of the following persons in respect of their said offices, upon an average of three years, were as follows; that is to say, Joseph Bicknell 1,5311. Os. 11d. John Ellis 1731. 11s., Michael Bentley 1611. 58. 4d., Thomas Hill Mortimer 1111. 6s. 5d., Thomas Mortimer 671. 7. 7d., Edward Jordan Graeff 561. 8s. 2d., Christopher Cookney 561. 3s. 1d., and Charles Tancred 271. 178. 5d. ; John Allen Pigott 4721. 4s. 8d., and William Roberts 6211. 158. 5d.; Henry Haines 681., John Holdship 191. 16s. 9d., Robert Hand 171. 14s. 3d., and William Learmouth 121. 12s. And whereas by an order made in this matter, bearing date the 27th day of May last, it was ordered that out of any cash which might at any time be remaining in the Bank to the credit of the said account entitled “The Suitors' Fee Fund Account,” (but subject as therein and hereinafter mentioned,) there be forthwith paid by the Governor and Company of the Bank of England to the said John Allen Pigott the sum of 1001. being an allowance on account of his claim for compensation as such agent in the Six Clerks' Office as aforesaid. Now such claims having been established to the satisfaction of his Lordship, he did thereby order and determine that the said Sworn Clerks were entitled to receive and be paid the following yearly sums; (that is to say), the said Joseph Bicknell 1,1481. 58. 9d., the said John Ellis, 1301. 33. 3d., the said Michael Bentley 1211.198., Thomas Hill Mortimer 831.9s. Ils. Thomas Mortimer 501. 10s. 9d., Edward Jordan Graeff 421. 6s. 2d., Christopher Cookney 421. 2s. 4d., and Charles Tancred 201. 18s. 1d., for compensation for the loss of their respective offices as aforesaid, being three-fourths of the amount of the fees and emoluments of their respective offices as aforesaid upon an average of three years; the said John Allen Pigott 3141. 16s. 5d. as such Agent as aforesaid, and William Roberts, as such Agent and Record-keeper as aforesaid, 4141. 10s. 3d., being two-thirds of the amount of the fees and emoluments of their respective offices as aforesaid upon an average of three years; to the said William Thodey Smith, as Clerk in the Public Office, 3001. ; to Henry Haines, Receiver of the Sixpenny Writ Duty 681. ; John Holdship, Chaff Wax 191. 168. 9d.; Robert Hand, Sealer 701. 14s. 3d.; and William Learmouth, Messenger 121. 128.; and as regards the said William Thodey Smith, Henry Haines, John Holdship, Robert Hand, and William Learmouth, during such time as they shall respectively hold their offices. And there is now due and owing to the said Sworn Clerks the following sums; (that is to say), to Joseph Bicknell 8761. 16s. 5d., John Ellis 991. 7s. 10d.; Michael Bentley 931. 38. 4d., Thomas Hill Mortimer 631. 15s. 2d., Thomas Mortimer 381. Ils. 10d., Edward Jordan Graeff 321. 6s. ld., Christopher Cookney 321. 3s. 2d., and Charles Tancred 151. 195. 3d., being the proportionate part of their respective compensations at the rate aforesaid, which accrued from the said 28th day of October 1842, to the 3d day of August instant (both days exclusive); to the said John Allen Pigott, as Agent as aforesaid, 1401. 7s. 11d., and to the said William Roberts, as Agent and Record-keeper, 3161. 10s. 4d., being the proportionate part of their respective compensations at the rate aforesaid (except as to the said John Allen Pigott), which accrued from the said