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CHAPTER XLVIII.

One clerk of

the crown of the Court of King's Bench in Ireland, to be appointed by letters patent and to hold office during good behaviour.

Fees payable at the crown office to be

according to the schedule annexed to this Act.

Fees may be altered, and new fees

AN ACT to regulate the Office of Clerk of the Crown in the Court of King's
Bench in Ireland.
[23d June 1832.]

WHEREAS the commissioners appointed to inquire into the duties,

salaries, and emoluments of the officers in the several courts in Ireland have made a report recommending certain alterations in the office of clerk of the crown in the Court of King's Bench in Ireland, and the said office became vacant by the death of the survivor of the two persons in whom the same was lately vested by patent; and it is expedient to regulate the said office, pursuant to the recommendation of the said commissioners, in manner hereinafter provided: Be it therefore 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 there shall be one clerk of the crown of the Court of King's Bench in Ireland, who shall be appointed by his Majesty, his heirs and successors, by letters patent under the great seal in Ireland, and who shall hold his said office during good behaviour, and who shall be deemed the principal officer employed on the crown side of the said Court of King's Bench, and who shall receive an annual salary of nine hundred pounds, paid and payable in manner herein-after mentioned, in lieu of all other fees and emoluments whatsoever [Rep., Stat. Law Rev. Act, 1874].

II. AND be it further enacted, that from and after the commencement of this Act the several fees specified in the schedule to this Act annexed (and which schedule shall be deemed and taken to be part of this Act) shall be paid and payable in lieu of all and every the fees heretofore claimed or payable under or by virtue of any rule or order of court, law, statute, usage, or otherwise howsoever, for or by reason of all and every the duties and services performed by or in anywise appertaining to the office of clerk of the crown of the said Court of King's Bench in Ireland; and that no further nor other fee or emolument whatsoever shall be paid or payable for or by reason of or under pretext of any act, matter, or thing done or to be done by the said clerk of the crown in his said office, or in anywise appertaining to the business thereof.

III. PROVIDED always, and be it enacted, that it shall and may be lawful for the said Court of King's Bench from time to time to increase or diminish allowed, by the or vary or abolish any of the said fees, and also to authorize and impose the Court of King's Bench. payment of any new or additional fee; and all such fees the amount whereof shall be so varied, and all such new and 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 of King's Bench, and signed by at least two judges as aforesaid; 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 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 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 Parlia

ment, as if the same had been included in the table of fees annexed to this Act.

IV. AND be it further enacted, that if any person who shall hold the said office of clerk of the crown shall himself wilfully and knowingly ask or accept, or if any assistant or other person employed by him in said office shall, with his privity and consent, ask or receive, directly or indirectly, for or by reason or under pretext of any service in any way concerning or relating to the business of the said office, any fee or reward other than may from time to time be lawful under the provisions of this Act, every such person holding such office of clerk of the crown shall, for every such offence committed by himself or with his privity or consent as aforesaid, forfeit and lose the sum of one hundred pounds, and shall thereupon also forfeit his said office.

V. AND be it further enacted, that if any assistant clerk or other person whatever employed in the said office shall at any time after the commencement of this Act ask or receive, for or by reason or under pretext of any service done by the said clerk of the crown in or in anywise relating to the business of his office, any fee or reward on account of the said clerk of the crown other than may from time to time be lawful under the provisions of this Act, or if any such assistant clerk or other person shall ask or receive, for his own private emolument, from any party, attorney, or other person whomsoever, save and except only from the said clerk of the crown by and under whom any such assistant clerk or other person shall be employed, any fee or reward whatsoever for or by reason or under pretext of any service of his or their own, or if any person or persons employed by or under him or them respectively in the said crown office, every assistant clerk or other person so offending shall for every such offence forfeit and lose the sum of one hundred pounds.

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Clerk of

crown shall keep a table of fees in his

office.

VI. AND be it further enacted, that every person who shall be appointed to the said office of clerk of the crown shall within fourteen days after his appointment affix or cause to be affixed or hung up in his said office, and maintain therein, a table, fairly printed or written, and framed and glazed, setting forth all such fees as it shall then be lawful to receive in respect of the business thereof; and if at any time any such fees shall be altered or abolished, or any new fee or fees authorized and imposed, by virtue of the provision in that behalf herein contained, then and in every such case such officer shall within one week from the time of such change alter and amend such table accordingly; and such clerk of the crown shall for every day on which such Penalty for table shall not be so kept and maintained as aforesaid in such office forfeit the neglect, 201 sum of twenty pounds.

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per day.

to

XIV. AND be it further enacted, that the said clerk of the crown of the Clerk of the said Court of King's Bench shall employ one chief or assistant clerk, removable crow employ an at his pleasure, to superintend the preparing of all office copies, and otherwise assistant clerk. to aid in the discharge of the duties of the said office;

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crown not to

XV. AND be it further enacted, that it shall not be lawful for any clerk Clerk of the of the crown in the said Court of King's Bench to accept of any sum of money, accept any or security for money, or to stipulate for or receive any share or proportion consideration for the apof the profits of the said office of assistant clerk, or receive any other valuable pointment of consideration whatsoever, as and for a consideration for the appointment of assistant clerk.

2

Penalty, 1007. and forfeiture of office.

Neither the clerk of the crown nor his assistant to hold any other office, nor to practise as an attorney.

Duties of office

shall be executed in person by clerk of crown, or, in case of illness,

&c., by deputy appointed with consent of chief justice.

In case of incapacity of clerk to appoint, or on vacancy of

office, the chief justice may appoint a

person to exe

cute office ad interim or till vacancy is supplied.

Court may remove or fine officers of crown office

for misconduct.

any person whatsoever to the said office; and if any clerk of the crown shall herein offend, contrary to the provisions of this Act, he shall for any such offence forfeit the sum of one hundred pounds, and shall also forfeit his said office.

XVI. AND be it further enacted, that it shall not be lawful for the clerk of the crown, nor for his assistant to be appointed under the provisions of this Act, to hold or exercise the duties of any other office or place whatsoever, nor to practise as an attorney or solicitor in any court of law or equity in Ireland, either separately or in partnership with any other person, under pain of forfeiting the said office of clerk of the crown, or the said office of assistant to such clerk, as the case may be.

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XVIII. AND be it further enacted, that the clerk of the crown of the said Court of King's Bench shall execute the duty of his said office in person: Provided nevertheless, that in case of sickness or other unavoidable absence it shall and may be lawful to and for such clerk of the crown, by deputation in writing under his hand and seal, subject to and with the consent and approbation of the chief justice of the said court, signified by an indorsement in writing under the hand of such chief justice, to appoint some discreet and proper person, approved of by the said chief justice, to execute the duties of such office during the period of such sickness or unavoidable absence, and no longer.

XIX. AND be it further enacted, that in case the said clerk of the crown. shall, by reason of accident or infirmity, be unable to execute such deputation in writing as aforesaid, or whenever the said office of clerk of the crown in the said Court of King's Bench shall become vacant by removal or suspension of such officer or howsoever otherwise, then and in every such case it shall and may be lawful for the chief justice of the said court to appoint some fit and proper person to execute the duty of such office ad interim, or until a new officer shall be appointed under the provisions of this Act; and every such person so appointed shall be to all intents and purposes a complete officer, according to the terms of such appointment: Provided always, that such appointee shall not be entitled to any greater proportion of the salary or emoluments of such office than shall be specified in the order under which he may be appointed, and which proportion the said chief justice is required to fix and specify therein.

XX. AND be it further enacted, that it shall and may be lawful to and for the said Court of King's Bench, upon complaint made by motion, to inquire summarily into the matter of such complaint, either by vivâ voce examination or upon affidavit, or otherwise, as it shall deem fitting, and to suspend or absolutely remove any clerk of the crown, or the assistant of any such clerk, respectively, for any malversation of duty or misconduct in the said office; and thereupon such officer shall cease to hold or be entitled to such office, as if, in the case of any clerk of the crown so removed, the letters patent appointing such officer had been revoked; and the said court shall also have power and authority, upon summary complaint and inquiry as aforesaid, without removing such officer, to inflict upon such officer for any minor offence such punishment by way of fine as to the said court shall seem expedient.

not compelled

XXI. AND be it further enacted, that no suitor in the said court, nor any Suitors, &c. other person, shall in any case be required to take out any copy of any record, to take copies pleading, information, indictment, writ, return, deposition, affidavit, or other of records, &c. document or proceeding whatsoever; and the taking or not taking any copy whatsoever shall be entirely optional.

Clerk of

crown shall keep writing clerks in his office, and pay them not less than 14d. per

office sheet.

Clerk of

crown shall not permit copies to be

made otherwise than in his

office by such copying clerks,

&c.

XXII. AND be it further enacted, that the said clerk of the crown shall, as the same shall be necessary, employ in the said crown office of the Court of King's Bench a sufficient number of writing clerks to make copies of informations, indictments, writs, returns, depositions, and other things belonging to the said office, and required by and on behalf of the suitors of the said court, and of all other persons anywise concerned in proceedings before the same, and to do and perform all other business requisite to be done and performed in such office, so that the business of any such suitor or person shall not be unnecessarily delayed therein; and such clerk of the crown shall pay to every such writing clerk after the rate of not less than one penny halfpenny for every office sheet consisting of seventy-two words of every such copy made by such clerk, and for a part or portion of any office sheet; and it shall not be lawful for any such clerk of the crown to cause or direct or knowingly permit any such copy, or any part thereof, to be made in any other place or by any other person than in the proper office of such clerk of the crown in the said Court of King's Bench, save as herein-after excepted, and by a writing clerk employed in such office, and paid exclusively by such clerk of the crown after the rate aforesaid at the least; and every such clerk of the crown 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 clerk of the crown who shall cause or direct or knowingly Penalty, 201. permit any copy to be made contrary to this Act, or who shall not pay the writing clerk for writing the same according to the rate by this Act directed, at the least, shall for every such offence forfeit the sum of twenty pounds. XXIII. PROVIDED always, and be it enacted, that if at any time it shall be ascertained by affidavit or otherwise, to the satisfaction of the Court of King's Bench, that such clerk of the crown hath not in his office sufficient room for the reasonable accommodation of himself and his assistant, and a sufficient number of copying clerks to do and perform the business so required to be done in such office as aforesaid, then in every such case it shall and may be lawful to and for such court to make an order declaring that the same has been so proved, and that it shall be lawful for such officer to cause or direct or permit any such copy, or any part thereof, to be made in any place whatsoever or by any person whomsoever; and every such order shall be good and valid, and shall be a sufficient justification in all respects to any person acting in pursuance thereof for one year from the date thereof, unless sooner rescinded ; and such order shall and may be renewed from time to time, until by reason of new buildings or new arrangements, or otherwise, sufficient room shall have been obtained for the purposes in that behalf aforesaid.

In case of

want of room,

the court may allow copies to

be made out of

the office.

seventy-two

XXIV. AND be it further enacted, that in every copy or enrolment of any Office sheets pleading, record, matter, or proceeding which shall issue from the said office, shall contain there shall in each office sheet thereof be seventy-two words and no more, words. save only and except when there shall be but one office sheet in such copy or enrolment, or if there shall be more than one, then save and except in the last

Rolls shall contain 720 words.

In all copies, sums, dates, and numbers, shall be expressed in figures, and charged for as herein

mentioned.

Amount, &c.

of fees shall be

endorsed on all copies and documents.

Charge for

documents not so endorsed shall not be allowed on taxation of costs.

Clerk of the crown shall proceed in accounts, inquiries, &c. peremptorily on first sum

mons.

sheet thereof; and in any of the said cases such single or last sheet may contain any number of words not exceeding seventy-two words, and shall and may be charged for as an entire sheet.

XXV. AND be it further enacted, that every roll within the meaning of this Act shall consist of seven hundred and twenty words; and that there shall not in any enrolment be more than one fractional part of a roll, which fractional part shall be either the conclusion or the entire of such enrolment; and if such fractional part shall contain three hundred and sixty words or more, the same shall be deemed and taken to be a roll and charged for accordingly, and if the same shall not contain three hundred and sixty words, the same shall be deemed and taken to be a half roll, and charged for accordingly.

XXVI. AND be it further enacted, that in every copy whatsoever which shall issue from the said office, the charge or fee whereupon is or are or shall or may be lawfully computed according to the contents, all sums of money, and dates of the year and days of the month, and numbers, shall be expressed in figures, and shall be charged as if the same were expressed in figures and not in words, in manner and according to the directions following; (that is to say,) one pound, or any number of pounds, shall be charged as one word; one shilling, or any number of shillings, shall be charged as one word; one or more penny or pence, whether with or without any fraction of a penny, shall be charged as one word, whether the same shall occur singly or shall be combined in any mode or form whatsoever; and any definite number whatever shall be charged as one word, and no more.

XXVII. AND be it further enacted, that upon the back of all copies, ingrossments, exemplifications, and writings which shall be issued from the said office of the said court, there shall be endorsed and written by the said clerk of the crown or his principal assistant clerk the full amount of all office fees charged on such copy, ingrossment, exemplification, or writing respectively, and the rate of such fees, and the mode of charge according to which such fees shall be computed, and the number of sheets or rolls on which such fees shall be charged or calculated; and upon any taxation of costs between party and party, or between attorney and client, such copy, ingrossment, exemplification, or writing, shall be produced before the taxing officer, in all cases where it shall appear to him practicable; and it shall not be lawful for the taxing officer to allow any charge of any solicitor or attorney with respect to any such document so produced upon which the amount and rate of fees shall not be so endorsed, but that all and every such charge shall be struck out of the bills of such solicitor or attorney by such taxing officer.

XXVIII. AND be it further enacted, that on any account or inquiry, or other matter whatsoever, which shall be referred to or shall be depending before said clerk of the crown, or which said clerk of the crown shall have authority or power to proceed in or to determine or report upon, and for, upon, or relative to which it shall be necessary or proper to summon any party or parties or person or persons whomsoever, such clerk of the crown shall proceed peremptorily on the first summons which shall appear 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 clerk of the crown, he shall then proceed ex parte,

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