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removable upon

liament.

secretaries, and deputy registers and other officers appointed to attend the lord chancellor, &c. shall attend such vice chancellor when sitting for the lord chancellor, &c. and also when sitting in his separate court, as circumstances shall require, and as the said lord chancellor, &c. Vice chancellor shall direct. Provided that it shall be lawful for the king address of both to remove any such vice chancellor from his office, upon houses of paran address of both houses of parliament. By s. 7. said vice chancellor, previous to his executing any of the duties of his office, shall take the following oath, which the lord chancellor, &c. or the master of the rolls, shall administer: "I do solemnly and sincerely promise and swear, that I will duly and faithfully, and to the best Oath of vice of my skill and power execute, the office of vice chancellor of England. So help me God." And this act (s. 8. to 13.) provides salaries for the vice chancellor, and said other officers, out of the common and general cash belonging to the suitors of the court of chancery, lying dead and unemployed in the bank of England.

8. 7.

chancellor.

s. 8. to 13.

Salaries provided for vice chancellor, &c.

court houses.

53 Geo.5.c.131.

s. 8.

(55 Geo.3 c.89.

P. 50. l. 4. The 53 Geo. 3. c. 131. I. contains several Money presented at assizes, &c. provisions relative to the raising of money at any assizes, for building,dc. or presenting term, for enlarging or altering court houses and sessions houses in Ireland, or for building new court 1. houses or sessions houses in lieu thereof, or for such repairs therein as may be necessary: And by s. 8. of this act, as amended by the 55 Geo. 3. c. 89. I. any court house ì.) in Ireland, whether erected according to the provisions of County court house, &e. built the 53 Geo. 3. c. 131. I. or not, which is or shall be built within a county for any county at large within a county of a city or of a city, &c. deemed part of county of a town within which the assizes, or the commis- county at large. sion of oyer and terminer, of or for such county at large, shall have been usually held, shall, with their appurtenances, be deemed part and parcel of the county at large for which the same shall have been built. But this latter tenement ceas act provides, that whenever such tenement shall cease to ing to be a be a court-house of such county, whether by reason of the house. building of a new court-house, or otherwise, then such house, and the scite and appurtenances thereof, shall be deemed to be part and parcel of the county of a city, or county of a town, within which the same shall be so situated.

Proviso as to

county court

Proctors per

to use their

of others, struck

53 Geo.3.c.127. 3. 8. E.

Of Courts Ecclesiastical, Military and
Maritime.

P. 56. l. 35. The 53 Geo. 3. c. 127. E. provides (s. 8.) mitting others that if any proctor of the [*arches court of Canterbury, name, or prac- or any other ecclesiastical court] in which he shall be entising for profit titled to act as proctor, shall act as such, or permit his off the roll, &c. name to be in any manner used in any suit, the prosecution or defence whereof shall appertain to the office of a proctor, or in obtaining probates of wills, letters of administration, or marriage licenses, to or for, or on account or for the profit and benefit of any person or persons not entitled to act as a proctor, or shall suffer any such person or persons to demand or participate in such profit, &c. and complaint thereof shall be made to the court or courts wherein such proctor hath been admitted and inrolled, and proof given to the satisfaction of said court, &c. that such proctor hath offended therein as aforesaid, then such proctor shall be struck off the roll of proctors, and be for ever disabled from practising as a proctor, or be suspended from the office, &c. of a proctor, in every such court, so long as the judge or judges thereof may deem fit; save as to any allowances or sums of money that shall be agreed to be made to the widows or children of any deceased proctors, by any surviving partners; and save as to any agreement made, or understood to have been made, between proctors and articled clerks, whose articles have been executed prior to the pas sing of this act; (+12th July 1813.) And by s. 9. in case any person shall, in his own name, or in the name of any practors, if not other person or persons, make, do, act, exercise or perduly admitted form any act, &c. belonging to the office, &c. of a proc

Proviso.

S. 9.

Penalty for

practising as

and inrolled.

tor,

* « Court of prerogative in Ireland, or of the consistorial and metropolitical courts of Armagh and Dublin, or of any other ecclesiastical court in Ireland," in 54 Geo. 3. c. 68. s, 9. I.

+ The corresponding clause in the 54 Geo. 5. c. 68. 1. relates to the 17th June, 1814.

s. 10.

clerks who have

tor, in consideration of any gain, fee or reward, or with a view to participate in the benefit to be derived from the office, &c. of a proctor, without being admitted and inrolled, he shall, for every such offence, forfeit £50, to be recovered as herein-after mentioned: Provided (s. 10.) that nothing herein shall extend to any salary which shall Proviso as to be agreed to be paid by a proctor, his partner or succes- served 7 years. sor, to a clerk really and bona fide serving in his office at the time of the passing of this act, and who shall have been bona fide serving in the office of any proctor for 7 years next before the passing of the same. By s. 11. all penalties for offences against this act, shall and may be Penalties how sued for and recovered in any [*court of record at Westminster,] by action of debt, &c. wherein, &c. and wherein the plaintiff, if he shall recover any penalty, shall receive the same to his own use, with full costs of suit. The 54 Geo. 3. c. 68. I. contains, with respect to Ireland cor- 54 Geo. 3. c.68. responding clauses, with such variation only as is noted Corresponding in the margin.

s. 11.

recovered.

I.

• act.

same

lid, though

missioners.

P. 58. last line. The 56 Geo. 3. c. 82. U. K. recites, Judicial acts of surrogates in that it is requisite that due validity should be given to the admiraltycourts judicial acts of surrogates who have executed the offices in colonies vaof judges in the courts of vice admiralty established in not appointed his majesty's plantations and colonies, during vacancies by lords comoccasioned by the deaths or resignation, or other removals 56 Geo. 3. c. 82. of said judges, or who shall hereafter execute the U. K. during such vacation; and therefore enacts, that all judicial acts of surrogates having been appointed to act as judges during such vacancies, either by judges of said courts previously to their removal, or, in default of such appointment, by the governors of such plantations, &c. shall have the same validity, and be subject to the same course of appeal, as if the said acts had been done by the authority of judges regularly appointed by the lords commissioners of the admiralty.

P. 64.

* "In any of his majesty's four courts in the city of Dublin” in the 154 Geo. 3. c. 68. s. 12. I.

[blocks in formation]

Of Courts of a Special Jurisdiction.

Lord lieutenant &c. may alter or annul the divi- 36 Geo. 3. c. 25. s. 1. Ir. and that doubts had been enterstons of coun- tained whether after any county shall have been divided ment of towns under the provisions of said act, or any town appointed under 36 Geo.3. for the purpose of hearing and determining of civil bills

P. 64. 1. 9. The 54 Geo. 3. c. 131 s. 20. I. recites the

ties, or appoint

c. 25. for

hearing civil bills, &c.

54 Geo.3.c.131. s. 20. I.

Civil bill may

at some general sessions or quarter sessions, or some adjournment thereof, such division or appointment can be changed; and therefore enacts, that it shall be lawful for the lord lieutenant, &c. with the advice of the privy council of Ireland, from time to time, to alter or annul any such division heretofore made or hereafter to be made, of any county under the 36 Geo. 3. c. 25., and to substitute and appoint any new or other division thereof into two parts, for the purposes in said recited acts mentioned; and also to change or annul the appointment of any town or towns in any county or division, for any of the purposés aforesaid, and to appoint such other town or towns in lieu thereof, as shall seem proper; and any such change which may have taken place before the passing of this act, shall be deemed valid.

P. 65. l. 33. To render more easy and effectual redress be brought in for assaults in Ireland, the 54 Geo. 3. c. 181. I. provides,

demanded do not exceed 5 guineas.

54 Geo.3 c.181. s. 1. I.

cases of assault, where damages that in all cases in which, as the law now stands, an action may be brought in any of his majesty's superior courts in Dublin, for any assault, whether with battery and wounding, or either of them, or not, if the plaintiff shall think proper to lay the damages at the sum of five guineas, or any less sum, then it shall be lawful for such plaintiff to proceed for the recovery of such damages by civil bill, before the assistant barrister at the quarter sessions for the county where the fact shall be committed, or other judge Like proceed or court having jurisdiction to try civil bills, and within ings as in civil whose jurisdiction the fact shall have been committed, save and except manor courts; and the same shall be pro

bills for other demands.

ceeded

any

By s. 3.

ings,

s. 2.

3. 3.

Jor assaults,

ceeded on in like manner in all respects, as in case of other demand, to the same amount, in such courts. And by s. 2. the judgment or decree on such civil bill, or on any appeal, may be pleaded, or otherwise relied on, as a Decrees on such bar to any civu bills pleadother for proceeding or by reason of such as ed, c. in bar of sault, or any consequence arising therefrom, in the same other proceed. manner, as a judgment to the same effect in any of said superior courts, and no further. And the following clauses of this statute, though perhaps more properly referrible to the head of "judgment and its consequences,' (see Digest, vol. 11. 1240.) may be here stated. whenever any person shall be convicted in Ireland, on Upon conviction any indictment for an assault, whether with or without judges m battery and wounding, or either of them, the judge, &c. award costs. &c. before whom conviction shall be had, in addition to the judgment which he shall think properly adapted to such offence, shall, if he shall toink fit, order and adjudge that the amount of the costs and expenses of the prosecution, and such allowance for the loss of time of the person in attending thereon, as shall be deemed reasonable, (to be ascertained by affidavit, or by such inquiry or examination as said judge, &c. shall think fit,) be paid by the defendant to the prosecutor; and such judge shall in such cause, also Defendant imorder, &c. that sucn defendant be imprisoned for prisoned for 6 calendar...onths not exceeding 6 calendar months, unless such sum be if costs. &c. not sooner paid, independent of such imprisonment, if any, as such court shall award. Provided (s. 4.) that any su

any time

to prosecutors.

paid.

S.

so ordered, &c. for costs, &c. shall not exceed the actual Such costs, &c. how admeasur and necessary expenses of such proper action, and a mo- ed. derate compensation for the loss of time of the prosecutor, having regard to the circumstances of the prosecution; and such judge, &c. may, by warrant under hand and seal, order such sum to be levied by distress, &c. ; and if so levied such defendant shall be discharged from any additional imprisonment. By s. 5. (as amended by the 55 Geo.3.c.88.I.) where it shall appear that any such defendant has not any goods or chattles on which such sum can be levied for Grand juries costs and expenses, it shall be lawful for the grand jury, empowered to at every assizes and presenting term, to make a present- &c. to be levied ment for levying such sum so ordered, &c, at the assizes up bony or

8. 5.

(55 Geo. 3. c.88.

present costs,

upon "

at assault commit

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