Gambar halaman
PDF
ePub

No. XXXII.

4 Geo. IV. c. 61.

No. 13.-TABLE OF ALL THE FEES

Which it shall be lawful for the Registrar and Clerk of the Faculties of the
Court of Chancery in Ireland, or any clerk or other person employed
in his office, to demand or accept for or on account of any matter or
thing done in or concerning the business of the office.

1. For every confirmation of a dispensation taxed at four
pounds, one-third of one-fourth of two-thirds in each
pound, being

2. If the tax exceeds four pounds, the like in proportion.
3. If the tax be under four pounds, and not under two
pounds

4. If the tax be under two pounds, and not under one pound
six shillings and eight-pence

5. If the tax be under one pound, one-third part thereof.
6. The Clerk of the Faculties likewise to receive sixteen-pence
per pound out of every pound of the tax of faculties
(according to the proportion payable to the King before
the said tax was granted to the Primate of Ireland and
his successors), in consideration of wax parchment and
paper expended in the execution of the said office

No. 14.-TABLE OF ALL THE FEES

£. s. d.

0 4 5

034

020

.0 1 4

Which it shall be lawful for the Serjeant at Arms of the Court of Chancery in Ireland, or any deputy or other person employed by him, to demand or accept for or on account of any act matter or thing done in or concerning the business of the office.

[ocr errors]

1. For the arrest of a gentleman or common person (5 marks)
2. And for his guard by the day
3. For all journies which the Serjeant at Arms or his deputy
shall actually perform in execution of his duty, and for
his expences, per mile

4. For the return upon every writ directed to the Serjeant at
Arms

5. For every certificate of a person being in custody

No. 15.-TABLE OF ALL THE FEES

[ocr errors]

£. s. d.

[blocks in formation]
[ocr errors]

016

[ocr errors]

1 2 9

026

Which it shall be lawful for the Pursuivant of the Court of Chancery in Ireland, or any clerk or other person employed in his office, to demand or accept for or on account of any act matter or thing done in or concerning the business of the said office.

L. s. d.

0 1 6

1. For all journies which the Pursuivant shall actualy perform
in execution of his duty, and for his expences, per mile
2. Caption fee on the arrest of every person against whom
an attachment shall issue directed to the Pursuivant . 0 6 8
3. For drawing and engrossing bail bond for the appearance
of any person or persons who shall be arrested under
an attachment, approving of security, and attending to
have bond executed

4. For the custody of each person arrested, from the day of
his arrest until committed to the Marshal, fees at the
rate per diem of

[ocr errors]

5. For executing every attachment for non-payment of
money (in lieu of the fee of two shillings and sixpence
per day for the custody of persons arrested), where the
money levied or paid shall not exceed one hundred
pounds, for every twenty shillings

1-2 9

0-2 6

. 0 1 0

6. When the sum levied or paid shall exceed one hundred £. s. d. No. XXXII.
pounds, for every twenty shillings which shall be levied
or paid to the amount of one hundred pounds one
shilling; and for every twenty shillings beyond the
sum of one hundred pounds

The said fces to be demandable from and payable by
the persons against whom such attachments shall
issue, and to be in lieu of all other fees, except
the Pursuivant's travelling expences

7. Warrant to the Pursuivant's Bailiff or officer
8. If to Special Bailiff named by the party

9. Return of a Non est Inventus

10. Return of a Cepi Corpus

11. In all journies that the Pursuivant's Bailiff or officer shall actually perform in the execution of his duty, per mile 12. Travelling fee to a Special Bailiff

13. For a Sheriff's Patent

[ocr errors]

No. 16.-TABLE OF ALL THE FEES

[ocr errors]

006

[ocr errors]

6222

0101

000

2 4

[blocks in formation]

Which it shall be lawful for the Pursebearer to the Lord Chancellor of Ireland, or any person for him, to demand or accept in right or under colour of the said office of pursebearer.

1. For every denomination in each patent

2. For every Sheriff's Patent

3. For every Commission of a Justice of the Peace

4. For every Commission of Rebellion

5. For every Writ de Excommunicato Capiendo Dedimus, to swear a Master Extraordinary, Commission of Delegates, and each close-sealed Writ

6. For every Private Seal

7. For every Commission of Bankrupt

8. For every Supersedeas to a Commission of Bankrupt

No. 17.-TABLE OF ALL THE FEES

[ocr errors]
[ocr errors]
[ocr errors][ocr errors]

£. s. d.

[merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small]

Which it shall be lawful for the Trainbearer of the Lord Chancellor of Ireland, or any person for him, to demand or accept in right of the said office of trainbearer.

[merged small][ocr errors]

4. For every single Patent of Honour

5. For every broad Scal

[ocr errors]

6. And for each and every grant contained in every Broad

[blocks in formation]
[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors]

9. For every Counsel sworn and admitted to the bar 10. For every King's Counsel sworn and admitted

[ocr errors]

0

0 5

[ocr errors]

0605 10

5

95502

2215 1

4 Geo. IV.

c. 61.

No. 18.-TABLE OF ALL THE FEES

Which it shall be lawful for the Cryer of the Court of Chancery in Ire-
land, or any person for him, to demand or accept in right of the said
office as cryer.

1. For every Judge sworn, Prime Serjeant, Attorney and Soli- £. s. d.
citor-general, Puisne Serjeant, and King's Counsel, each
and every of them

2. For every Counsel sworn and admitted to the bar

[merged small][ocr errors][ocr errors][merged small][merged small]

No.XXXIII, 3. For swearing any person before the Lord Chancellor in

4 Geo. IV. c. 70.

The Officers of the Court of Exchequer empowered to

take the Fees specified in Tables an

nexed.

Fees may be altered or new Fees allowed by Order of the Court.

any employment

4. For every decree or dismiss obtained in the said court
5. For every affidavit filed in the Usher's Office

6. For every Writ of Entry and Covenant in the Cursitor's
Office

7. For every deponent in the Examiner's Office

£. s. d.

2 56

0 55 004

0

[ocr errors]

4

0 0 4

[No. XXXIII. ] 4 George IV. c. 70.-An Act for the better Administration of Justice in the Equity Side of the Court of Exchequer in Ireland.-[11th July 1823.] WHEREAS it hath appeared by reports made to the King's most excellent Majesty from the Commissioners appointed by his Majesty, upon an address of the knights citizens and burgesses in Parliament assembled, to inquire into the duties and emoluments of the officers clerks and ministers of justice in all temporal and ecclesiastical courts in Ireland, that the several ministerial officers of the equity side of His Majesty's Court of Exchequer in Ireland require regulations for ensuring the more easy cheap and expeditious administration of justice in the said court: And whereas some of such regulations may be carried into effect by general orders of the said court; but certain other regulations are required which cannot be carried into effect without the aid of Parlia ment. And whereas it is expedient that the fees to be taken by the said several officers of the said court should be ascertained and regulated by law. May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the commencement of this Act, it shall and may be lawful for the several officers in of or belonging to the said court, mentioned and described in the several tables to this Act annexed, to ask, demand, have, receive, take, and accept, for and by reason, and on account of the several acts matters and things to be done in or concerning the business of their several and respective offices, or of the several services to be performed touching or concerning such offices, the several fees payments and sum and sums of money in the said tables hereunto annexed respectively mentioned, and none other or greater fees or sums of money whatever; and that no officer or attendant of the said court, nor any deputy or clerk of any such officer, nor any person acting in any of the said offices of the said court or doing any part of the business thereof mentioned in the said tables, or either of them, shall ask demand or receive from any of the suitors of the said court, or from any person or persons whomsoever on their behalf, any fee or sum or sums of money whatever, on account of or for the performance of, or under pretence of performing any act matter or thing whatsoever, in anywise relating to the business of the said court, not mentioned in the said tables, or some or one of them, as payable for or in respect of such Act matter or business, except under the provisions of this Act, any law usage or custom at any time heretofore made used or exercised, to the contrary in anywise notwithstanding; and that the said tables and all directions matters and things contained therein shall be taken as part of this Act to all intents and purposes whatsoever.

II. Provided always and be it enacted, That it shall and may be lawful for the said court from time to time to vary and alter the amount of any of the fees aforesaid by decreasing or increasing the same, or to abolish any of the said fees altogether; and also to direct and authorize the payment of any new or additional fee to the several officers and persons in the said tables mentioned or any of them, or to any other persons, for or in respect of any matters or things mentioned in the said tables or any of them, or of any other matter or things to be done in the execution of the duty of the office of such officers or

4 Geo. IV.

c. 70.

persons respectively; and all such fees, the amount whereof shall be No.XXXIII. so altered, and also such new or additional fees which shall be so made payable, and also any order for the abolition of any fee shall be specified and set forth in a table or tables to be made by order of the said court and signed by three at least of the barons thereof, and such order shall specify the grounds and reasons upon which such fees shall have been altered abolished or made payable respectively; and a copy of every such order signed as aforesaid shall be transmitted by the chief baron of the said court to the Lord Lieutenant or other chief governor or governors of Ireland who shall cause copies of the same to be laid before both Houses of Parliament immediately after the commencement of the then next session of Parliament; and thereupon every such fee shall be and be deemed and taken to be a legal fee according to the terms of such order, and payable and receivable as such from and after the last day of such session of Parliament, as if the same had been included in any of the tables annexed to this Act.

III. Provided also and be it enacted, That it shall and may be lawful for the said court to make any such order or orders of the said court for the altering or discharging any course of proceedings in suits pending or to be brought at the equity side of the said court, and to direct that such process shall issue and in such manner and course in all such suits as to the said court shall appear fit and expedient, in the same manner and with the same force and effect in all respects as if this Act had not passed; and that no clause matter or thing contained in any Act or Acts from time to time in force in Ireland for the granting or regulating the payment of any stamp duty or any process in any suit at the equity side of the said court shall extend or be construed to extend to prevent alter or affect the course of any of such proceedings or the issuing of any such process, or to warrant or authorize the receipt of any greater fee by the alteration of the number of words in any sheet of proceeding; and that the several stamp duties from time to time imposed or payable on any such proceeding or process shall be paid and payable upon the same as altered by the said court, or upon such proceeding or process as shall be substituted for any which may be abolished, such process or proceeding being by such order declared to be so substituted.

IV. And be it further enacted, That if any officer at the equity side of the said court, mentioned in the said tables or either of them, shall at any time after the commencement of this Act ask or demand, or shall have, take, accept, or receive from any suitor solicitor or other person whom soever, save and except only from the principal officer by and under whom any such deputy or clerk or other person shall be immediately employed, any gift, fee, reward, or remuneration, for or by reason, or on account or under pretext of any service of their own, or of any person or persons employed by or under them respectively in any of the offices of the said court, or if any such deputy or clerk, or other person, shall ask or demand, or shall have, take, receive, or accept any gift fee or reward, gratuity or remuneration, for or by reason, or on account or under pretext of the services of their principals or employers, or for, or by reason, or on account, or under pretext of any matter or thing whatever done in and about the business of their respective offices, other than and except only such fees and sums of money as shall from time to time be lawful, under the provisions of this Act, every deputy clerk or other person so offending shall for every such offence forfeit and lose the sum of one hundred pounds.

Such orders shall be trans. mitted to the Lord Lieutenant,who shall cause Copies

thereof to be laid before Parliament.

Court may alter Course of Proceedings in Suits, and Stamp Duties shall be applied to Process so altered.

Penalty on

any Deputies or Clerks taking any Fees contrary to this Act, 1007.

V. And be it further enacted, That if any person who shall hold any Penalty on of the said offices mentioned and described in any of the tables to this Act. Principals in annexed shall by himself or by his deputy or by any clerk or person Offices taking authorized on his behalf, wilfully and knowingly ask, demand, have, take, Fees contrary receive, or accept, directly or indirectly, any gift, fee, reward, gratuity, or to this Act, remuneration, for or by reason, or on account or under pretext of any 1007., Loss of service in any of the offices in the said tables specified, other than and Office, and except only such fees and sums of money as shall from time to time be Incapacity. lawful under the provisions of this Act, or shall wilfully and knowingly ask,

c. 70.

No. XXXIII. demand, have, take, or receive or accept, directly or indirectly, any gift, fee, reward, gratuity, or remuneration, for or by reason, or on account or 4 Geo. IV. under pretext of any service in any way concerning or relating to the business of any of the said respective offices not then allowed to be taken under the provisions of this Act, every such person so offending shall for every such offence forfeit and lose the sum of one hundred pounds, and shall also forfeit and lose all and every office and offices in or under the said court, which such person shall hold or be possessed of at the time of such offence, and shall for ever after be incapable and incapacitated from holding any office in or under the said court.

Oath of Office by Officers of the Court of Exchequer.

Oath.

Penalty on acting without having taken the Oath, 201. per Day.

Officers shall

affix Tables of Fees in their Offices.

Penalty 201. per Day.

VI. And be it further enacted, That from and after the third day of the Michaelmas term next after the passing of this Act, no person whatsoever shall in anywise act in the business of any of the offices or places in the equity side of the said Court of Exchequer, mentioned in the tables to this Act annexed, or any of them; or shall do any act relating to the business of any such office, whether as a principal or deputy, or a clerk, until such person shall have taken and subscribed before the chief or one other baron of the said court, an oath in the form following; that is to say,

[ocr errors]

4. B. do solemnly swear, That I will, to the best of my knowledge skill and judgment execute and perform such of the duties of the ' office of at the equity side of the Court of Exchequer in Ireland, as I shall personally execute, and that I will well and faithfully pay every deputy or clerk whom I shall or may at any time employ in any part of the business of the said office such salaries and allowances as they shall from time to time be respectively entitled to by law, or such additional sum as I shall contract or agree to pay them respectively; and that I will not by myself, or by any deputy or clerk, or other person or persons, ask or demand, or have, take, accept, or receive any gift, fee, reward, gratuity, or remuneration whatever, other than such as shall at the time of receiving the same be authorized and allowed by the tables which shall be then in force, or under the provisions of some 'Act of Parliament; and that I will in all things relating to my said office conduct myself according to the rules and regulations which shall 'from time to time be in force for the regulation of such office, and of the • business thereof. So help me GOD.'

[ocr errors]
[ocr errors]

And any officer, deputy, clerk, or other person, who shall at any time after the third day of the said Michaelmas term personally act in any matters relating to the business of any such office in the said court, without having taken and subscribed such oath as aforesaid, shall for every day on which he shall so act forfeit the sum of twenty pounds.

VII. And be it further enacted, That every officer at the equity side of the said Court of Exchequer shall, on or before the third day of the Michaelmas term next after the passing of this Act, and every officer of the said court who shall be hereafter appointed, within three calendar months after he shall have taken the oath of office required by this Act, affix or cause to be affixed or hung up in his office a table of all such fees as it shall be then lawful to receive pursuant to the directions of this Act, in his said office, in respect of the business thereof; and if at any time any of such fees shall be altered or abolished, or any new fee or fees authorized according to the directions of this Act, in respect of the business of such office, then and in every such case such officer shall, within one week from the time of such change, alter such table so kept in his office pursuant and according to such change, and to the order for making the same; and such table shall at all times be written or printed in fair and legible characters, and shall be framed and glazed so as to be preserved from being erased or altered in any other manner save as aforesaid, and shall be always kept affixed or hung up in such manner that the same shall be accessible to and legible by all persons resorting to such office; and in case such table shall not be so affixed or hung up, and continually kept so framed and glazed and legible in the said office, such officer shall, for every day on which such table shall not be so kept and legible as aforesaid in such office, forfeit the sum of twenty pounds.

« SebelumnyaLanjutkan »