Chancery (Ireland) Act 1867

JurisdictionUK Non-devolved
Citation1867 c. 44


Chancery (Ireland) Act, 1867

(30 & 31 Vict.) C A P. XLIV.

An Act to amend the Constitution, Practice, and Procedure of the Court of Chancery inIreland .

[15th July 1867]

W HEREAS it is expedient to alter the Constitution and amend the Practice and Course of Proceeding of the High Court of Chancery inIreland , with a view of establishing Uniformity of Practice and Procedure in the Courts of Chancery in England and Ireland , and to make Provision for the Receipt of Fees of the Court of Chancery in Ireland by Stamps, and to give increased Power over Funds in that Court, the Dividends of which have not been dealt with for a certain Period: Be it therefore enacted by the Queen'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, as follows:

S-1 Short Title.

1 Short Title.

1. This Act may be cited for all Purposes as ‘TheChancery (Ireland ) Act, 1867.’

S-2 Interpretation of Terms.

2 Interpretation of Terms.

2. In the Construction and for the Purposes of this Act the following Terms shall have the respective Meanings herein-after assigned to them (if not inconsistent with the Context or Subject Matter); that is to say,

The Expression ‘Her Majesty’ shall mean the Sovereign for the Time being:

The Expressions ‘Court of Chancery,’‘Chancery,’ and ‘Court’ shall mean the Court of Chancery inIreland :

The Expression ‘Lord Chancellor’ shall mean and include the Lord Chancellor, Lord Keeper, and Lords Commissioners for the Custody of the Great Seal ofIreland :

The Words ‘Master of the Rolls’ shall mean the Master of the Rolls inIreland :

The Word ‘Master’ shall mean Master in Ordinary of the Court of Chancery inIreland :

The Words ‘Master's Examiner’ shall mean Clerk and Examiner to a Master in Ordinary of the Court of Chancery inIreland :

The Words ‘Bill of Complaint and Bill’ shall mean also and include Information.

The Word ‘Plaintiff’ shall include Informant:

The Word ‘Suit’ shall include Cause, Matter, or other Proceeding:

The Word ‘Affidavit’ shall include Declaration, Affirmation, and Attestation upon Honour; and the Word ‘swear’ shall include declare, affirm, and attest upon Honour:

The Word ‘Lunatic’ shall include Idiots and Persons of unsound Mind, and whether found such by Inquisition or not:

The Words ‘General Order,’‘General Order of the Court,’ shall mean a General Order made in the Manner herein-after provided:

The Words ‘Agent’ and ‘Town Agent’ shall mean an Agent or Town Agent being a practising Solicitor.

S-3 Divisions of Act.

3 Divisions of Act.

3. This Act shall consist of Five Parts, relating to:—

Part I. The Appointment of a Vice-Chancellor:

Part II. The Abolition of the Office of Master in Ordinary of the Court of Chancery:

Part III. Procedure and Practice:

Part IV. Stamps and Fees:

Part V. Miscellaneous Matters.

I

PART I.

Appointment of a Vice-Chancellor, &c.

Appointment of a Vice-Chancellor, &c.

S-4 Appointment of Vice-Chancellor.

4 Appointment of Vice-Chancellor.

4. It shall be lawful for Her Majesty to nominate and appoint, by Letters Patent under the Great Seal ofIreland , a fit Person, being or having been a Barrister-at-Law of Fifteen Years standing at the least, to be a Judge Assistant to the Lord Chancellor of Ireland in the Discharge of the Judicial Functions of his Office, such additional Judge to be called the Vice-Chancellor of Ireland :Provided that no Vice-Chancellor appointed under this Act shall during his Tenure of Office be capable of sitting in the House of Commons.

S-5 Appointment of Successors of Vice-Chancellor.

5 Appointment of Successors of Vice-Chancellor.

5. From Time to Time, when and as any Vacancy shall occur in the Office of the Vice-Chancellor who shall be appointed under this Act, by the Death, Resignation, or Removal from Office of such Vice-Chancellor or his Successor for the Time being, it shall be lawful for Her Majesty, by Letters Patent under the Great Seal ofIreland , to appoint a fit Person, being or having been a Barrister-at-Law of Fifteen Years standing at the least, to supply such Vacancy.

S-6 Jurisdiction and Powers of Vice-Chancellor.

6 Jurisdiction and Powers of Vice-Chancellor.

6. Every such Vice-Chancellor shall have full Power to hear and determine all Suits which are or shall be at any Time depending in the Court of Chancery inIreland as a Court of Equity, or incident to any ministerial Office of the said Court, or which shall have been or shall be submitted to the Jurisdiction of the said Court or of the Lord Chancellor by the special Authority of any Act of Parliament, is the Court shall from Time to Time by any General Order direct; and all Decrees, Orders, and Acts of such Vice-Chancellor so made or done shall be deemed or taken to be respectively, as the Nature of the Case shall require, Decrees, Orders, and Acts of the said Court of Chancery, or of such incident Jurisdiction as aforesaid, or under such special Authority is aforesaid, and shall have Force and Validity and be executed accordingly, subject nevertheless to be afterwards reversed or altered in like Manner as if they were Decrees, Orders, or Acts of the Lord Chancellor or the Master of the Rolls; and no such Decree or Order shall be enrolled until the same shall be signed by the Lord Chancellor.

S-7 To sit for Lord chancellor when required.

7 To sit for Lord chancellor when required.

7. Every such Vice-Chancellor shall sit for the Lord Chancellor whenever he shall require him so to do.

S-8 Rank and Precedence of the Vice-Chancellor.

8 Rank and Precedence of the Vice-Chancellor.

8. The Vice-Chancellor shall have Rank and Precedence next after the Lord Justice of the Court of Appeal in Chancery inIreland ,provided the latter shall not have held the Office of Lord Chancellor of Ireland ; and in case the Lord Justice of the Court of Appeal for the Time being shall have held the Office of Lord Chancellor of Ireland , then the Vice-Chancellor shall have Rank and Precedence next after the Chief Baron of Her Majesty's Court of Exchequer in Ireland .

S-9 To held office during good Behaviour.

9 To held office during good Behaviour.

9. Every Vice-Chancellor shall hold his Office during his good Behaviour: Provided always, that it shall be lawful for Her Majesty to remove any such Vice-Chancellor from his Office upon an Address of both Houses of Parliament.

S-10 Oath of Vice-Chancellor.

10 Oath of Vice-Chancellor.

10. Every Vice-Chancellor shall, previous to his executing any of the Duties of his Office, take the following Oath, which the Lord Chancellor or the Master of the Rolls for the Time being is hereby respectively authorized and required to administer:

'I do solemnly and sincerely promise and swear, That I will duly and faithfully, and to the best of my Skill and Power, execute the Office of Vice-Chancellor ofIreland . So help me GOD.'

S-11 Appointment of Chief Clerks.

11 Appointment of Chief Clerks.

11. It shall be lawful for the Master of the Rolls and the Vice-Chancellor for the Time being respectively, with the Approbation of the Lord Chancellor, to appoint One Chief Clerk each, to be respectively attached to the Court of each such Judge and his Successors in Office, for the Purpose of assisting the Judge in Business not of a Judicial Character, and on any Vacancy in such Office of Chief Clerk to supply such Vacancy.

S-12 Qualification of Chief Clerks.

12 Qualification of Chief Clerks.

12. No Person shall be appointed Chief Clerk to the Master of the Rolls or to the Vice-Chancellor unless he shall have been admitted on the Roll of Solicitors or Attorneys in One of the Superior Courts atDublin , and shall have practised as Solicitor or Attorney for the Period of Ten Years at least immediately preceding his Appointment, or unless he shall have held the Office of Master's Examiner in the Court of Chancery in Ireland , or shall have held some other Office or Offices in the Court of Chancery for a Period of Seven Years.

S-13 Appointment of Junior Clerks.

13 Appointment of Junior Clerks.

13. It shall be lawful for the Master of the Rolls and the Vice-Chancellor respectively, subject to the Provision herein-after contained as to the Appointment of the First Junior Clerks, to appoint Two Junior Clerks to the Chief Clerk of his Court, and on any Vacancy to supply such Vacancy.

S-14 Officers under Act not to take Fees or Profits, saveSalary.

14 Officers under Act not to take Fees or Profits, saveSalary.

14. If any Person who shall accept any Office under this Act shall engage in any other Employment whatever whilst he holds such Office, or shall receive any Sum of Money or Benefit, other than his Salary, and what may be allowed or directed to be taken by him under any Act of Parliament or Order of the said Court, for any Act done or pretended to be done, or any Attendance given or pretended to be given, either with or without the Consent or Direction or pretended Consent or Direction of any Judge of the Court, in relation to or arising out of any Proceeding in his Office or in any Office of or connected with the Court of Chancery, or if such Person, having been a Solicitor or Attorney, shall directly or indirectly receive or secure to himself any continuing Benefit from any Business or Firm in which he may have been engaged previously to his Appointment to such Office, the Person so offending may be removed from his Office by Order of the Lord Chancellor, and if so removed shall be rendered incapable of afterwards holding any Office, Situation, or Employment in the said Court.

S-15 Solicitor accepting Office to case to be a Solicitor.

15 Solicitor accepting Office to case to be a Solicitor.

15. Every Solicitor or Attorney who shall be appointed to and shall accept Office under this Act shall cease to be an Attorney or Solicitor, and shall forthwith procure himself to be struck off the Roll of Solicitors of the Court of Chancery, and off...

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