Common Law Procedure (Ireland) Act 1821
| Jurisdiction | UK Non-devolved |
| Citation | 1821 c. 53 |
| Year | 1821 |
(1 & 2 Geo. 4) C A P. LIII.
[15th June 1821]
'WHEREAS the Commissioners appointed to inquire into the Duties, Salaries and Emoluments of the Officers in the several Courts inIreland have lately made Three several Reports relating to the Civil Side of the Court of King's Bench, to the Court of Common Pleas and to the Pleas or Common Law Side of the Court of Exchequer respectively, in Ireland ; and it appears that it is expedient to regulate the Proceedings in the said several Courts and the several Offices thereof respectively, as hereinafter is 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, no Feewhatsoever shall in any case be paid or payable inIreland to any of the Officers of or in the Civil Side of the Court of King's Bench, or of or in the Court of Common Pleas, or of or in the Pleas or Common Law Side of the Court of Exchequer in Ireland save such Fees as are made payable to any Tipstaff, Pursuivant or Serjeant at Arms, or to the Crier of the said Court of Exchequer, under Schedule (E.) to this Act annexed; and that no Officer, Deputy, Clerk or other Person mentioned in the several Schedules to this Bill annexed, save those mentioned in Schedule (E.), who shall at any time be employed or act in the Business of the said Courts respectively, or in any Part or Department of the said Business shall, under any Pretence whatsoever, ask, demand, receive or accept any Fee, Perquisite, Emolument, Gratuity, Profit or Advantage whatsoever, for or in respect of the said Business of such Court respectively, contrary to this Act; and if any Person shall offend herein, every such Person shall, for every such Offence, forfeit and pay the Sum of Fivehundred Pounds, and be for ever afterwards incapable of holding or of acting in any Office of or in any of the Courts of Law or Equity inIreland , whether as Principal, Deputy, Clerk or otherwise.
II Proviso for Fees of Chancellor of the Exchequer.
II. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to the Chancellor of the Exchequer ofIreland or to any Fees payable by Law in right or respect of the said Office; but that all such Fees shall remain and continue payable, to all Intents and Purposes, as if this Act had not passed; any thing hereinbefore contained to the contrary in anywise notwithstanding.
III Three principal Officers, Prothonotary in King's Bench and Common Pleas, Clerk of Pleas in Exchequer and other Officers, with Salaries as in Schedules \(A.) \(B.) and \(C.) to be appointed by the King by Patent.
III. And be it further enacted, That from and after the Commencement of this Act there shall be One Prothonotary in the Civil Side of the said Court of King's Bench, One Prothonotary in the Court of Common Pleas, and One Clerk of the Pleas in the Pleas or Common Law Side of the Court of Exchequer, who shall be and be deemed the Principal Officers employed in the Business of the said Courts respectively; and that besides the said Principal Officers respectively, there shall be in each of the said Three Courts One Clerk of the Rules, and One Filacer; and that there shall be in the Court of King's Bench on the Civil Side, and in the Pleas or Common Law Side of the Court of Exchequer, One Clerk of the Writs, and One Clerk of the Appearances; and that there shall be in the Court of Common Pleas, One Clerk of the Pleadings, and One Chirographer; and that all the said several Principal and other Officers shall be entitled to receive the several and respective Salaries in that Behalf set forth in the Schedules marked (A.) (B.) and (C.) to this Act respectively annexed; and that all the said several principal and other Officers shall be appointed by His Majesty, His Heirs and Successors, by Letters Patent under the Great Seal ofIreland ; and that all the said principal and other Officers shall be appointed and shall hold their Offices respectively during good Behaviour; and that the said principal and other Officersshall in and for the Discharge of the Duties of their respective Offices, have the several Clerks and Assistants in the said Schedules (A.) (B.) and (C.) to this Act annexed, in that Behalf respectively set forth; and that such Clerks and Assistants shall be appointed by such Officers respectively, and shall hold their said Situations respectively for and during the Pleasure of such Officers respectively by whom they were appointed; and that the said Officers shall at all times be responsible for the Conduct of their said Clerks and Assistants respectively; and that there shall be paid and payable to the said Clerks and Assistants respectively the several Salaries in that Behalf respectively set forth in the said Schedules.
IV Proviso for Rights of present Judges.
IV. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to affect or conclude the Claim, Right or Title of any of the existing Judges to the Appointment of any of the Officers hereinbefore mentioned.
V Officers to employ fit Persons for copying.
V. And be it further enacted, That it shall and may be lawful to and for every Officer of the said Courts respectively, and he is hereby required to retain and employ in his Office such Number of fitting and competent Persons as shall be necessary to do the Business of writing, copying and engrossing in every such Office respectively.
VI Clerks and Assistants to hold only One Office.
VI. Provided always, and be it enacted, That no Officer shall appoint or employ as his Clerk or Assistant in any of the Capacities mentioned in the said Schedules (A.) (B.) and (C.) to this Act annexed, any Person who shall hold or enjoy any other Office, Place or Employment in the said Courts or any of them, or who shall act as Clerk or Assistant to any other Officer in the said Courts, or any of them.
VII Crier to each Court, Seal Keeper, &c. in K.B. and C.P. Clerk of Juries, Errors and Essoigns, and Clerk of Outlawries in C.P. with Salaries as in Sched. \(D.) Tipstaffs, &c. with Fees as in Sched. \(E.)
VII. And be it further enacted, That there shall also be in the said Courts respectively One Crier to each of the said Three Courts, One Seal Keeper and Registrar of Attornies' Licences in the Court of King's Bench, One Seal Keeper and Registrar of Attornies' Licences in the Court of Common Pleas, and also One Clerk of the Juries, One Clerk of Errors and Essoigns, and One Clerk of Outlawries in the Court of Common Pleas, who shall be appointed to and shall hold their said Offices as heretofore respectively; and that the said Officers shall respectively receive such Salaries in respect of the said several Offices as are respectively mentioned and set forth in the Schedule marked (D.) to this Act annexed; and that there shall be in the said Three Courts respectively, Tipstaffs, Pursuivants and Serjeants at Arms, who shall be appointed to and shall hold their said Offices as heretofore respectively, and shall be entitled and authorized to receive the Fees set forth in the Schedule marked (E.) annexed to this Act.
VIII Officers not to hold any other Office, except Clerk of Juries.
VIII. And be it further enacted, That it shall not be lawful for any Person, who at any time after the passing of this Act shall be appointed to any Office in any of the said several Courts, to hold or exercise the Duties of any other Office or Place whatsoever; provided always, that the Offices of Clerk of the Errors and Essoigns, and Clerk of Outlawries in the Common Pleas, may be held by the Clerk of the Juries in the same Court.
IX Schedules deemed Part of this Act.
IX. And be it further enacted, That the several Schedules to this Act annexed, and all Directions, Matters and Things in the said Schedules respectively contained, shall be deemed and taken to be Part of this Act.
X Salaries to be paid Quarterly out of Consolidated Fund;
X. And be it further enacted, That the said several Salaries in the said Schedules respectively set forth as aforesaid, shall be payable from time to time out of the Consolidated Fund of the United Kingdom ofGreat Britain and Ireland ; and that the said Salaries respectively shall be payable Quarterly on the Fifth Day of January , Fifth Day of April , Fifth Day of July , and Tenth Day of October in every Year; and that for Provision for the necessary incidental Expences in each Court, there shall also be payable in like Manner out of the same Fund, to the Prothonotaries in the Civil Side of the Court of King's Bench, and in the Court of Common Pleas, and to the Clerk of the Common Pleas in the said Court of Pleas in the Exchequer, being the Three Principal Officers to be employed in the Business of the said...
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