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Justice of the Court of King's Bench, signified by his order in writing,
signed by his hand, to appoint a deputy to tax bills of costs in his place
and stead, during such time as shall be expressed in such order in that
behalf, the name of such deputy, and also the cause and time of such ab-
sence being stated in such order; and such permission may be prolonged,
or a change of deputy be allowed from time to time by the chief justice
such deputy
and every
of the said court, by indorsement on such order;
shall in every such case be paid by the principal by whom he shall have
been so appointed.

XLIV. Provided also, and be it further enacted, That if the office of either of the said taxing officers shall be vacant, or if it shall happen, by reason of sickness or absence of any such officer or otherwise, that such officer shall be unable to act in his said office, and shall also be unable to appoint a deputy therein, then and in every such case it shall and may be lawful to and for the Chief Justice of the Court of King's Bench, by warrant under his hand and seal, to appoint a person to perform the duty of the said taxing officer, until there shall be an effective officer to discharge the same.

XLV. And be it further enacted, That every such deputy, and also such person so appointed by the said chief justice to perform the duty of a taxing officer as aforesaid, shall, during the continuance of such deputation or appointment, have all and every the rights powers and authorities, and be subject to all the duties of a taxing officer, under this or any other Act or Acts of Parliament, and shall be a complete taxing officer to all intents and purposes, save that such deputy shall be paid by his principal as aforesaid, according to their agreement, and shall not have any claim on the fund out of which the salaries are payable to the taxing officers; and that every person who shall be so appointed by the said chief justice to act during the vacancy of the office or the inability of any taxing officer, shall receive from the said fund such proportion, and no more, of the salary of such taxing officer, for and during the period of his service, as shall be directed in and by the warrant under which he shall be so appointed, and the residue only of such salary shall for such period be payable to such officer.

.* 1 & 2 G. IV.

c. 53.

On Vacan-
cies, &c.
of King's
Bench may
Chief Justice

appoint a Per-
son to act as
Taxing Officer.

Power of Dehow he shall puty, &c. and be paid.

XLVI. And be it further enacted, That every such taxing officer, Taxing Offi and every person acting as such, shall, in the taxation of any bill of costs, cer shall be or any part of a bill of costs, for any business performed or transacted in deemed an any of the said several courts, be and be deemed and taken to be an officer Officer of the of the court in which such business shall have been transacted or performed, Court in which and shall be subject to the controul and directions of such court in the Business respect of such taxation, whether the same shall relate to the revising reconsidering or re-taxing any such bill, or any part thereof, or to the allowance or disallowance of any particular item or items thereof, or to any other matter or matters which such court respectively may think proper to order in relation thereto.

was done.

XLVII. And be it further enacted, That before any such taxing officer, Oath of Taxor any deputy or person so appointed to perform the business of a taxing ing Officer. officer, shall do any act as such, he shall take the following oath before one of the judges of one of the said courts; (that is to say),

I A. B. do swear, That I will diligently tax all bills of costs which

shall be submitted to me for that purpose, and which I shall be empowered by law to tax; and that I will tax the same fairly, and without favour partiality or malice, and according to the rules and course required 'So help me God.' by law, to the best of my skill and knowledge.

XLVIII. And be it further enacted, That before allowing any sum Taxing Officlaimed in any bill of costs, as a fee or payment to any counsel or to any cer shall asofficer of the said courts, the taxing officer shall require to see the docu- certain actual ments necessary to ascertain that such counsel has been so employed and Payment to has received such fee, and that the fee or payment to such officer Counsel, &c. has been the right and proper fee, and has been paid where such document can conveniently be produced; and if it shall appear on the examination of any such bill of costs, or otherwise, that any one charge, either for counsel, attorney, officer, or stamp duty, hath been united in any

No. XLI.*

1 & 2 G. IV. c. 53.

Taxing Offi

cer bound to examine the Propriety of all Charges in Bills of Ccsts.

No Charges

for Agency of

Officers of Courts to be allowed.

Judge opening the Court, on the Essoin Day of Term, shall examine the State of the Records there.

Fines and Re

coveries to be written as

other Records.

Officers authorized to take Affidavits in the several Courts.

such bill of costs with any other charge in one sum, then such united charges shall altogether be disallowed.

XLIX. And be it further enacted, That upon all taxations of bills of costs, whether between party and party, or between attorney and client, it shall be the bounden duty of the taxing officer, whether he shall be required so to do or not, and whether any objection shall have been made or not, to take due care of the interest of the person or persons to be charged by such bill when taxed, and for that purpose to examine and ascertain by all reasonable methods, that each and every charge in any bill of costs contained, whether such shall be a fee for counsel, solicitor, or officer of court, or stamp duty or any other disbursement whatsoever, is the proper charge which under the circumstances of the case ought to be made; and that upon all such taxations the taxing officer shall determine upon all charges made by any officer of any of the said courts, and allow any such as shall appear to him to have been made, according to the true right of such officer respectively; and shall also determine whether any attendance or other business, matter, or thing for which any charge shall be made in such bill of costs, actually took place or was actually performed, and whether the same was proper under the circumstances, and such as ought to be charged for in such bill of costs or not.

L. And be it further enacted, That no taxing officer shall on any taxa. tion of any bill of costs whatsoever, whether as between attorney and client, or between party and party, allow any sum under the name of agency or otherwise howsoever, as paid to any officer or clerk of any of the said courts, or any sum whatever as paid to any such officer or clerk, save only for the price of stamps and paper, or for fees permitted by this

Act.

LI. And be it further enacted, That in each and every of the said several courts, on the essoin day of each and every term, the judge who shall open the court on that day shall immediately after the opening the same satisfy himself, so far as he can by personal inspection, that the records of each and every of the said courts respectively are duly and regularly kept and preserved, so as to be safe, dry, sound, and legible, and in such order and arrangment, and with such means of reference to the same, that all persons having occasion to inspect the same respectively shall and may have easy access thereto; and the said judge shall report to the other judges of the court, on the first sitting day of such term, the result of such examination; and if there shall be any default or error therein, the same shall be (as soon as may be) examined into by the court, and shall be rectified as soon as possible; and that for the purpose of rendering such access more easy, and of better preserving such order and arrangement, when and so soon as the schedules and inventories of the records of the said several courts now forming under the direction of the Commissioners of Records in Ireland shall have been severally completed, such schedules and inventories shall be continued from year to year by the several officers of the said courts, and their successors, in whose custody such records shall respectively be or remain. LII. And be it further enacted, That from and after the commencement of this Act, all and all manner of fines and recoveries, and all exemplifications thereof respectively, shall be written in the same handwriting as the other records of the said court and documents issuing therefrom respectively.

LIII. And be it further enacted, That it shall and may be lawful to and for the said officers herein-after named, of and in the several courts aforesaid, and the said officers are hereby fully authorized empowered and directed, whenever they shall be thereunto required (except on Sundays, Good Friday and Christmas Day), to take affidavits or affirmations in all matters relating to the business of the said courts respectively, and to administer the necessary oaths or affirmations for that purpose; (that is to say), in the civil side of the Court of King's Bench and in the Court of Common Pleas, the prothonotary, the clerk of the rules, and the filacer; and in the pleas side or common law side of the Court of Exche

quer, the clerk of the pleas, the clerk of the rules, and the filacer; and all such oaths affidavits and affirmations shall be of the same force validity and effect, and shall and may be filed and used and acted upon respectively, as fully and effectually, to all intents and purposes whatsoever, as if the same had been sworn or affirmed before the said courts, or all or any of the judges thereof respectively; and any person who shall wilfully or corruptly swear or affirm any thing false in any such affidavits or affirmations, shall be subject to all pains, penalties, punishments, and disabilities, for wilful and corrupt perjury, in like manner in all respects as if such affidavits had been made in any of the said several courts, or before all or any of the judges thereof respectively; and that from and after the commencement of this Act, it shall not be considered a part of the duty of any of the judges of the said courts respectively, to take any affidavits or affirmations, except on their circuits, or in such cases where they shall think fit and proper so to do.

No. XLI.*

1&2 G. IV.

c. 53.

LIV. And in order that the suitors of the said several courts, and all Such Officers other persons having occasion to make affidavits or affirmations relating shall attend to the business of the said several courts, may at all reasonable times have daily by free access to some person qualified to take such affidavits respectively, be Turns. it enacted, That the said several officers of the said courts so hereby authorized to take such affidavits or affirmations therein respectively as aforesaid, shall attend each in their turn for one day at his office, or at such other place, and at such times, and for so many and such hours in the day, and according to such order of succession as they shall for that purpose arrange and agree upon amongst themselves, so as that no suitor or person having occasion to make any affidavit or affirmation shall experience any inconvenience or delay; and in default of such arrangement being so made between the said officers, it shall be lawful for the chief judge of each of the said courts respectively to direct such arrangements, and to make such order in that behalf as he shall think fitting and expedient.

Affidavits of Persons confined by Illness, or in Custody, &c. may be taken.

LV. And be it further enacted, That if any person who shall be confined by illness or detained in prison, within the circular road of Dublin, or within half a mile of the said road, and who shall have occasion to swear an affidavit before any of the said officers, shall send such affidavit engrossed and ready to be sworn to any such officer respectively, and that such affidavit shall contain an allegation that such person is so detained in prison, or is confined in any such house therein stated and sufficiently described, by bodily ailment, so as to be unable, without danger to the life or health of such person to leave such house, then it shall be the duty of such officer to attend at such house or prison, at a reasonable hour and without unnecessary delay, to take such affidavit; or if such hour shall not be within the time of duty of such officer according to such arrangement as aforesaid, then such officer shall send such affidavit to the officer within whose time of duty such hour shall be, who shall attend as aforesaid to take such affidavit. LVI. And be it further enacted, That from and after the commence- All Offices in ment of this Act, every officer of any of the said several courts shall respectively execute the duty of his office in person, except only in case of sickness or unavoidable absence; and that in any such case it shall and may be lawful to and for such officer by deputation in writing under his hand and seal, by and with the consent in writing of the chief justice or chief baron of the court to which such officer shall belong, or in the absence of such chief justice or chief baron, then of the next senior judge of the said court then in Dublin, to appoint a deputy to execute the duties of theu by Desuch officer during such period as shall be specified in such deputation; puty appointand the name of such deputy, and also the occasion for appointing him, ed with Conand the approbation of such chief justice chief baron or judge, and the sent of the time for which such appointment is to continue, shall be specified and Judge. set forth in such deputation; and such deputation shall be signed or indorsed by such chief justice chief baron or judge; and the period mentioned in such deputation may be afterwards prolonged if necessary, by such officer, with the approbation of such chief justice chief baron or

the Courts shall be executed in Person, except in Cases of illness or unavoidable Absence, and

No. XLI.* 1 & 2 G. IV.

c. 53.

In case of

Incapacity of Principal to appoint, and on Vacancies, Chief Justice

may appoint a Person to exe

cute Offices

till Vacancy is supplied. Justices at Assizes may grant Summonses and make Orders

in Causes to be tried before them, although not Judges of the

Court in which the

Actions are brought.

No Fees shall be taken by Judges after Commencement of this Act, and in lieu thereof

the additional yearly Salaries

herein mentioned shall be paid to them.

If such additional Salary not sufficient

judge, by indorsement of the said officer, and of the said chief justice chief baron or judge upon such deputation.

LVII. And be it further enacted, That in case it shall happen that any officer of the said several courts, by reason of accident or infirmity shall be unable to appoint a deputy, or whenever any office in any of the said courts shall become vacant, then and in every such case, it shall and may be lawful to and for the chief justice or chief baron of the said courts respectively, if applied to for that purpose, to appoint and swear into office a fit and proper person to perform the duty of such officer until there shall be an officer capable of discharging his own duty; and that every such person so appointed and sworn shall be to all intents and purposes a complete officer according to the terms of such appointment; save that such person so appointed as aforesaid shall not be entitled to any greater proportion of the profits of such office than shall be specified in such order.

LVIII. And whereas it is expedient that the Justices of the Courts of King's Bench and Common Pleas and the Barons of the Exchequer in Dublin, should have power and authority, upon their respective circuits for taking the assizes, to grant summonses, and to make orders in actions and prosecutions, in the manner herein-afer mentioned; be it therefore enacted, That from and after the commencement of this Act, it shall and may be lawful for the Justices of the Courts of King's Bench and Common Pleas, and the Barons of the Exchequer in Dublin, and each and every or any one of them, during their respective circuits for taking the assizes, to grant such and the like summonses, and to make such and the like orders, in all actions and prosecutions which are or shall be depending in any of his Majesty's Courts of Record in Dublin, in which the issue, if brought to trial, would be to be tried upon such their respective circuits, as if such Justices of the Courts of King's Bench and Common Pleas, and Barons of the Exchequer, were respectively judges of the court in which such actions or prosecutions respectively are or shall be depending; although such respective Justices of the Courts of King's Bench and Common Pleas, and Barons of the Exchequer, may not be judges of the court in which such actions or prosecutions are or shall be depending; and such summonses and orders shall be of the same force and effect as if such Justices of the Courts of King's Bench and Common Pleas, and Barons of the Exchequer, were respectively judges of the court in which such actions or prosecutions are or shall be depending.

LIX. And be it further enacted, That from and after the commencement of this Act, no fee whatsoever shall on any occasion or account be payable to any of the Judges of the Courts of King's Bench or Common Pleas, or to any of the Barons of the Court of Exchequer in Ireland, and that in lieu of all fees heretofore payable or paid to the said judges and barons respectively, and of all and every income and emolument derived to such judges and barons respectively thereby, there shall be payable to the said judges the several yearly sums hereafter in that behalf respectively mentioned; that is to say, to the Chief Justice of the Court of King's Bench, the yearly sum of one thousand five hundred pounds; to the Chief Justice of the Court of Common Pleas, the yearly sum of one thousand five hundred pounds; to the Chief Baron of the Exchequer, the yearly sum of one thousand five hundred pounds; and to each of the other justices and barons of the said courts respectively, the yearly sum of eight hundred and fifty pounds; and the said several sums are hereby charged and made payable and shall be paid to the said chief justices, chief baron, judges, and barons respectively, out of the said consolidated fund, in addition to the yearly salaries or payments to the said chief justices, chief baron, judges and barons respectively, to which they are now respectively entitled by law, and at such times and in such manner as such yearly salaries and payments are now respectively payable.

LX. And whereas it may happen that the said additional salaries may be insufficient to compensate some of the said judges for the diminution of their income, by the abolition of all fees heretofore payable to them; to compensate Loss by Fees, be it therefore enacted, That it shall and may be lawful to and for the further Allowances to be made on Certificate of Commissioners of Inquiry.

commissioners appointed to inquire into the duties, salaries, and emoluments of the officers, clerks, and ministers of justice in all temporal and ccclesiastical courts in Ireland, and they are hereby authorized and required, upon the desire being expressed by any of the said judges to that effect, to ascertain in like manner as is herein-before directed in other cases, the annual amount of the fees of any such judge on the average of seven years next preceding the first day of January one thousand eight hundred and twenty-one, and to certify under the hands and seals of the said commissioners, or any three of them, the average annual amount of such fees, and the difference between such amount if any, and the additional salary provided for such judge by this Act; and every such certificate shall contain a statement of the particular fees on which such average shall be taken as aforesaid, and also of the fees excluded from such average; and every such certificate shall be filed in manner herein-before required by this Act, and thereupon there shall be paid to every such chief justice, chief baron, judge, or baron, who shall have caused such certificate to be so filed, a yearly sum equal to the excess of such average annual amount of such fees, so long as he shall continue in office, over and above the said additional salary to which such chief justice, chief baron, judge, or baron will be entitled as aforesaid under this Act, and which said additional annual sum shall be paid out of the same fund, and at the same time and in the same manner as the said additional yearly salary under this Act.

No. XLI.*

1 & 2 G. IV.

c. 53.

LXI. And be it further enacted, That all the salaries and allowances Salaries to be made payable by this Act out of the consolidated fund, shall be paid and free of Taxes. payable free and clear of all taxes and of all deductions whatsoever for fees, pells, poundage or otherwise.

Courts may order Sums not less than 201. to be paid into the Bank, to the Credit of any Cause,

&c. and to be drawn out by the Chief Offcers of the Court. Officers shall

LXII. And be it further enacted, That whenever any of the said seve⚫ ral courts shall deem it necessary or conducive to justice, that any sum of money, not being less than the sum of twenty pounds, should be brought in by any party or person, so as to be under the orders and disposition of the court, it shall and may be lawful for the said court to make an order that such money shall be lodged and deposited in the Bank of Ireland, to the credit of the proper cause or matter, in the name and with the privity of the chief officer of such court, and such money shall be lodged and deposited accordingly, and shall from time to time be drawn out or be transferred by such chief officer respectively, by and under the orders of the court, as such court shall deem fitting and just. LXIII. And be it further enacted, That on any account or inquiry or other matter whatsoever, which shall be referred to or shall be depending proceed in before any officer of any of the said several courts, or which such officer Accounts, Inshall have authority or power to proceed in, or to determine or report quiries, &c. upon, and for upon or relative to which it shall be necessary or proper peremptorily to summon any party or parties, or person or persons whomsoever, such on the first officer shall proceed peremptorily on the first summons which shall Summons. pear to him to have been duly served, and shall at the time and place appointed in such summons, hear the parties, if they shall attend, and if only one party shall attend, and the other party shall make default, and no sufficient excuse for such default shall be laid before such officer, he shall then proceed ex parte, in like manner as such officer would according to the practice heretofore used, have proceeded upon a third or peremptory summons; and the proceedings, report or decision of such officer, upon such account inquiry or other matter whatsoever, shall be subject to the order, direction and controul of the court in all respects as hereto. fore.

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LXIV. Provided always, and be it enacted, That every such sum- Regulation as nons shall be served on the party required to attend, three clear days at to Summonses. least (exclusive of Sundays) before the time fixed for the attendance, and that the precise object for which such summons is issued shall be stated in the same or at the foot thereof; and the taxing officers and the principal officers of the said courts shall and they are hereby required to keep books, and to enter therein in alphabetical order every summons which they shall issue, the hour appointed for attendance, and the object for

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