No. XLI. 1 & 2 G. IV. c. 53. Courts may remove or fine Officers for Misconduct. Officers may require Deposit for Stamp Duties, &c. Suitors not compelled to take Copies of Records, unless they think requisite so to do. Office Sheets shall contain seventy-two Words. Roll shall contain 720 Words. Less than 360 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 chief judge 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, and 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in all respects to any person acting in pursuance thereof, for one year from the date thereof, unless sooner rescinded, and such shall and may be renewed from time to time, until by reason of new buildings or new arrangements or otherwise, sufficient room shall have been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. XXVI. And be it further enacted, That it shall and may be lawful to and for the said Courts of King's Bench Common Pleas and Exchequer respectively, on complaint duly made, and after full inquiry into the alleged grounds thereof by affidavit or otherwise, as they shall think fit respectively, to remove any officer of the said courts respectively, as well the principal officer as others, from his office for any offence or misconduct in such office which such court shall deem deserving of such punishment, and thereupon such officer shall cease to hold or be entitled to such office; and it shall be lawful for the said courts, on complaint and inquiry as aforesaid, to inflict upon any officer for any minor offence such punishment by way of fine as to such court shall seem expedient. XXVII. And in order to secure the payment of the stamp duties which are or may be required by law, in respect of certain copies and other matters, be it enacted, That it shall and may be lawful to and for each and every officer and clerk in any of the offices of any of the several courts aforesaid, to demand and receive of and from any person who shall apply to such officer or clerk to obtain any copy whatsoever, or to have any other business of such office done for him, or for any person or persons at his desire, which according to law ought to be on a stamp or stamps, or to be in writing, a deposit in money to the amount of the stamp duties requisite, and if the same is to be delivered out of such office, and not to remain therein, then to the amount of the paper or parchment which shall be required for the same; and no such officer or clerk shall be bound to commence such business, or to take any step towards the execution thereof, until such deposit, when so demanded, shall have been paid. XXVIII. And be it further enacted, That no suitor in the said several courts, nor any other person, shall in any case be required to take out any copy of any record, pleading, affidavit or other document or proceeding whatsoever, drawn, prepared or filed by, for, or on behalf of such suitor or such other person, unless such suitor or other person shall find it necessary or deem it proper to demand the same in any of the said courts. XXIX. And be it further enacted, That in every copy or inrolment of any pleading, record, matter or proceeding in any of the said several courts which shall issue or be given out of any such court, or any of the offices thereof, there shall in each office- sheet thereof, be seventy-two words and no more, save only and except when there shall be but one office sheet in such copy or inrolment; or if there shall be more than one, then, save and except in the last 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. XXX. And be it further enacted, That every roll shall consist of seven hundred and twenty words, and that there shall not in any inrolment be more than one fractional part of a roll, which fractional part shall be either the conclusion or the entire of such inrolment; 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 to all intents and purposes; and if the same shall not contain three hundred and sixty words, the same shall be deemed and taken to be a half roll. No. XLI.* 1 & 2 G. IV. c. 53. Officer receiv XXXI. And be it further enacted, That from and after the passing of this Act, if any officer in any of the said several courts shall receive any sum of money as and for a deposit, on account of the stamps which are or shall from time to time be required by law, for or in respect of the inrolment of any judgment or other matter requiring inrolment, and shall not within one calendar month next after having so received such sum of ing Money for money, complete or cause to be completed such inrolment accordingly, Stamps for every such officer shall for every such offence, forfeit and pay the sum of inrolling fifty pounds. Judgment, shall furol the same within One Month. Penalty, 507. XXXII. And be it further enacted, That there shall be kept in the Lists of Recoprothonotaries' office, in the said Court of Common Pleas, one or more veries shall be book or books, containing a list of all common recoveries of lands suffered kept in the at the bar of the said court, together with the dates thereof, the names of Common the demandants and tenants, and of all the vouchees therein, except the common vouchees, and of the counties respectively in which the lands are situate, and that all such recoveries shall be inrolled immediately after they shall have been suffered respectively. Pleas. &c. in each ther all Reco XXXIII. And be it further enacted, That on the first sitting day of Court shall each term, the judges of the said Court of Common Pleas shall examine examine Proon oath the prothonotary or person then acting as such, and also all and thonotaries, every such other officer or officers, and person or persons whom they Term, wheshall think proper, touching the inrolment of all common recoveries suffered in the term next preceding; and if on such examination it shall appear that all such recoveries shall not have been duly inrolled, then such court shall examine in like manner into the cause of such omission, and thereupon any person whom the court shall think guilty of any fault or misconduct therein, shall and may be fined at the discretion of the court, or in case of any gross neglect or misconduct shall be dismissed from his office. XXXIV. And be it further enacted, That no common recovery shall be exemplified, unless the person or persons, or some of the persons suffering the same, or interested under the same, shall require the same to be exemplified. XXXV. And be it further enacted, That the office of clerk of the King's silver in the said Court of Common Pleas shall, after the commencement of this Act, be united to and form part of the office of chirographer and custos brevium in the said court, and that the duties of all the said offices shall be discharged and executed by one officer, who shall be called the chirographer. XXXVI. And be it further enacted, That from and after the commencement of this Act, all and every right power and authority now existing in any of the officers of any of the said several courts of the civil side of the Court of King's Bench, the Common Pleas, or the pleas or common law side of the Court of Exchequer, for the taxing of bills of costs in any case whatsoever, shall cease and determine. XXXVII. And be it further enacted, That at any time after the commencement of this Act, it shall and may be lawful to and for the Lord Lieutenant or other chief governor or governors of Ireland, from time to time to appoint two officers, who shall be and be called taxing officers in common law business, and who shall hold their said offices respectively during good behaviour, and shall have separate offices, and shall therein separately and respectively have full power and authority to tax all bills of costs in common law cases of a civil nature; (that is to say) all bills of costs of or for any business of a civil nature, of or in any of the three courts aforesaid, or of any proceedings at nisi prius, in or issuing out of any of the said courts respectively, and also all bills of costs of and in the Court of Error, commonly called the Court of Exchequer Chamber, and of and in the Court of Appeals, and also all bills of costs for or relating to all such business of conveyancing as shall be in anywise connected with any such business of the said courts respectively, which shall be so taxed; and that from and after the commencement of this Act, no such costs shall be taxed by any other officer or person whomsoever. veries are inrolled, &c. Exemplifications of Recc veries to be made only on Requisition of Parties. Office of Clerk of King's Silver shall be united to that of Chirographer. Power of Taxing Officers in the said Courts shall cease. Two Officers to be appointed by the Lord Lieutenant, to tax all Costs in the said Courts and in the Exchequer Chamber, &c. No. XLI.* 1 & 2 G. IV. c. 53. Salaries of Taxing Offi cers 1,2001. per Annum each. Attendance of such Taxing Officers. Power of Summons and Ex amination. Delivery of Bill of Costs, and Service of Summons to tax Costs, Accounts to be kept by Taxing Offi cers. Taxing Officers shall divide Business equally, &c. Holidays and cers. In case of Sickness, &c. Taxing Officer may appoint XXXVIII. And be it further enacted, That each of the said taxing officers shall be entitled to receive out of the consolidated fund of the United Kingdom of Great Britain and Ireland, the yearly sum of twelve hundred pounds, the same to be payable by four equal quarterly pay ments in every year, (that is to say,) on every fifth day of January, fifth day of April, fifth day of July, and tenth day of October in every year. XXXIX. And be it further enacted, That every such taxing officer shall attend in his office on every day of the week, except Sunday, from eleven of the clock in the forenoon until four of the clock in the afternoon, for the taxation of such bills of costs of the description aforesaid as shall be brought to him for that purpose; and every such officer shall have full power to issue summonses to any persons to attend him, and shall in default of attendance by the party or parties summoned, proceed ex part: on the first summons, the service thereof being duly proved before him, and no sufficient ground being laid before him for postponing such pro ceeding; and every such officer shall have power to take affidavits and to administer oaths or affirmations relating to such summonses, and the service thereof, and the attendance thereon, and also in all matters relating to the taxation of the bills of costs concerning which he shall think proper to require any such affidavit or examination. XL. And be it further enacted, That a copy of every bill of costs intended to be taxed shall be delivered to the adverse party, three days at the least (Sundays excepted) before the issuing of any summons for taxing the same; and that every summons to attend the taxation of such bill shall be served on the party required to attend at least twenty. four hours before the time fixed for attending; and that the said taxing officers shall keep books, in which they shall enter an account of all bills of costs taxed by them, specifying therein the parties' names, the date of taxation, the amount of the bill delivered, and the amount of costs allowed and certified on the taxation. XLI. And be it further enacted, That such taxing officers shall be in all respects equal the one to the other, and shall divide between them the said business of taxation, according to such mode and arrangement as they shall agree on between themselves; and if they shall not so agree, then according to such mode and arrangement as shall be ordered and directed from time to time by the Chief Justice of the Court of King's Bench for the time being. XLII. Provided always and be it enacted, That every such taxing officer shall be excused from any attendance on the business of his said office on Good Friday, and also on Christmas Day, and on the King's birth-day, or day which shall be celebrated as such, in every year; and that in Easter week, and from Christmas Day to and on the first day of January, and in the months of August September and October in every year, it shall not be deemed necessary that more than one of the said taxing officers should be in attendance for the taxation of such costs, and if one shall be so in attendance, it shall be lawful for the other to be absent; and that it shall be lawful to and for the said taxing officers to arrange between themselves at what particular times during the said periods respectively they shall respectively be entitled to be absent, and two copies of such arrangements being made in writing, and signed by the said parties interchangeably, shall be valid and binding: and if the said taxing officers cannot agree on such arrangement, it shall be lawful for the chief justice of the Court of King's Bench to order and make such arrangement at his pleasure, and the same being so made and signed by such chief justice shall, to all intents and purposes, be valid and binding on the said parties. XLIII. Provided also, and be it enacted, That if either of the said taxing officers shall, from sickness or other reasonable cause, have occasion to be absent from the business of his said office, further or otherwise than as aforesaid, then and in every such case it shall and may be lawful to and for such taxing officer, by and with the permission of the Chief hief Justice of King's Bench. a Deputy, with Consent of No. XLI.* c. 53. 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 1 & 2 G. IV. 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 absence 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 of the said court, by indorsement on such order; and every such deputy 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. On Vacancies, &c. Chief Justice of King's Bench may appoint a Person to act as Taxing Officer. Power of Deputy, &c. and how he shall be paid. XLVI. And be it further enacted, That every such taxing officer, Taxing Offiand 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), 4. 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 by law, to the best of my skill and knowledge. 'So help me God.' 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 Costs. No Charges Officers of Courts to be allowed. Judge open ing the Court, on the Essoin Day of Term, shall examine the State of the Records there. such bill of costs with any other charge in one sum, theu such unite. charges shall altogether be disallowed. XLIX. And be it further enacted, That upon all taxations of bills « costs, whether between party and party, or between attorney and client, & 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 mad or not, to take due care of the interest of the person or persons be charged by such bill when taxed, and for that purpose to examine and ascertain by all reasonable methods, that each and every charge = any bill of costs contained, whether such shall be a fee for counsel, soll. citor, or officer of court, or stamp duty or any other disbursement whatso ever, is the proper charge which under the circumstances of the case ought to be made; and that upon all such taxations the taxing office shall determine upon all charges made by any officer of any of the sand courts, and allow any such as shall appear to him to have been made, according to the true right of such officer respectively; and shar also determine whether any attendance or other business, matter, «. 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 bi of costs or not. Act. L. And be it further enacted, That no taxing officer shall on any taxa for Agency of 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 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. Fines and Re coveries to be written as other Records. Officers authorized to take Affidavits in the several Courts. 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 |
