Court of Chancery Act 1842

Cited as:1842 c. 103
Jurisdiction:UK Non-devolved
Anno Regni VICTORI, Britanniarum Regin,Quinto & Sexto. An Act for abolishing certain Offices of the High Court of Chancery inEngland .

(5 & 6 Vict.) C A P. CIII.

[10th August 1842]

BE it 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, That from and after the Twenty-eighth Day ofOctober next after the passing of this Act the following Offices of the High Court of Chancery, namely, the Offices of Clerks of the Enrolments and the Deputies of such Clerks, Comptrollers of the Hanaper, Six Clerks, Sworn Clerks and Waiting Clerks, (except as to the Recovery of Fees and Charges for Business done heretofore, or to be done on or before the said Twenty-eighth Day of October , and of all Costs and Expences occasioned by the Nonpayment of such Fees and Charges, and saving to every Person who shall be a Sworn Clerk or Waiting Clerk on the said Twenty-eighth Day of October , except while he shall hold any Office or Employment under this Act, all the Rights of being admitted and practising as a Solicitor in the Courts of Equity, and of being admitted and practising as an Attorney in the Courts of Law, to which he would have been entitled as such Sworn Clerk or Waiting Clerk if this Act had not been passed,) shall be and the same are hereby abolished.

S-II Transfer of Enrolments, Records, &c.

II Transfer of Enrolments, Records, &c.

II. And be it enacted, That from and after the said Twenty-eighth Day ofOctober all Enrolments Records, and other Documents in the Custody of the Officers of the said abolished Offices, and all their Bill Books, Cause Books, and Indexes in respect of the said abolished Offices, shall be transferred to the Custody of such Persons as the Master of the Rolls shall from Time to Time by any Order direct.

S-III Duties, &c. of Six Clerks as to Causes in the Petty Bag;

III Duties, &c. of Six Clerks as to Causes in the Petty Bag;

III. And be it enacted, That from and after the said Twenty-eighth Day ofOctober the Clerks in the Petty Bag shall be nominal Attornies in all Causes in the Petty Bag in which Six Clerks might have been such Attornies if this Act had not been passed, and the Entry by any Clerk of the Petty Bag of Rules in Causesin the Petty Bag shall have all the Effect such Entry could have had if this Act had not been passed, and a similar Entry had been made by a Six Clerk; and from and after the said Twenty-eighth Day ofOctober all Enrolments which if this Act had not been passed would have been under the Management of the Clerks of the Enrolments and their Deputies shall be under the Management of an Officer to be denominated the ‘Clerk of Enrolments in Chancery,’ and all Duties and Authorities which if this Act had not been passed could have been performed and exercised by the said Six Clerks as Comptrollers of the Hanaper and Riding Clerk shall be performed and exercised by the said Clerk of Enrolments in Chancery, and such Clerk of Enrolments in Chancery shall be entitled under this Act to a Salaryof One thousand two hundred Poundsper Annum ; and from and after the said Twenty-eighth Day of October the Records, Writs, and Rules of the High Court of Chancery which if this Act had not been passed would or might have been under the Management of the Six Clerks and Sworn Clerks or Waiting Clerks of the said Court shall be under the Management of Officers to be denominated ‘Clerks of Records and Writs,’ every one of whom shall be entitled under this Act to a Salary of One thousand two hundred Poundsper Annum ; and from and after the said Twenty-eighth Day of October the taxing of Costs in the said Court shall be conducted by Officers to be denominated ‘Taxing Masters,’ every one of whom shall have been a Sworn Clerk of the said Court, or shall for Twelve Years, or for Periods making together Twelve Years or upwards, have practised as a Solicitor of the said Court, and every such Taxing Master shall be entitled under this Act to a Salary of Two thousand Pounds per Annum and every Clerkof Enrolments in Chancery, Clerk of Records and Writs, and Taxing Master, shall hold his Office during his good Behaviour, and shall discharge his Duties in Person, except where otherwise provided by this Act, or any Regulation to be made under this Act, and may be removed from his Office by the Lord Chancellor for Misconduct; and the Business to be transacted by such Clerk of Enrolments in Chancery, Clerks of Records and Writs, and Taxing Masters, respectively, shall be as well the Management of Enrolments, Comptrollership of the Hanaper, Management of Records, Writs, and Rules, and the taxing of Costs as aforesaid, as also such other Business (if any) connected with the Court of Chancery as the Lord Chancellor, with the Advice and Consent of the Master of the Rolls and Vice Chancellors for the Time being, or any Two of them, shall from Time to Time by any Order direct; and the Places, Times, and Manner in which the same shall be conducted shall be, in the Case of Taxing Masters, such as the Lord Chancellor, and in the Case of the other Officers such as the Master of the Rolls, shall from Time to Time by any Order direct.

S-IV First Clerk of Enrolments, First Clerks of Records and Writs, and First Taxing Masters.

IV First Clerk of Enrolments, First Clerks of Records and Writs, and First Taxing Masters.

IV. And be it enacted, ThatDavid Drew Esquire, One of the Deputies of the Clerks of the Enrolments shall be the First Clerk of Enrolments in Chancery; Frederick Bedwell , One of the Sworn Clerks of the Court of Chancery, John Alexander Berrey , One of the Agents in the Six Clerks Office, John Veal , One other of the Agents in the Six Clerks Office, and Seth Charles Ward , One other of the Sworn Clerks of the Court of Chancery, the First Clerks of Records and Writs; and Henry Ramsay Baines , One other of the Sworn Clerks of the Court of Chancery, Robert Bayly Follett , One of the Solicitors of the Court of Chancery, George Gatty , One other of the Sworn Clerks of the Court of Chancery, Philip Martineau , One other of the Solicitors of the Court of Chancery, and Richard Mills and John Wainewright , Two others of the Sworn Clerks of the Court of Chancery, Esquires, the First Taxing Masters, under this Act; and that as often as the Clerkof Enrolments in Chancery, or any Clerk of Records and Writs hereby appointed, or any of his Successors, shall die, or resign or be removed from his Office, the Master of theRolls shall have Power to appoint a Clerk of Enrolments in Chancery, or a Clerk of Records and Writs, (as the Case may be,) in the Room of the Clerk of Enrolments in Chancery or Clerk of Records and Writs who shall so die, resign, or be removed; and that as often as any Taxing Master hereby appointed, or any of his Successors, shall die, or resign or be removed from his Office, the Lord Chancellor shall have Power to appoint a Taxing Master in the Room of the Taxing Master who shall so die, resign, or be removed: Provided always, that it shall not be imperative on the Master of the Rolls to make any such Appointment of a Clerk of Enrolments in Chancery or Clerk of Records and Writs, while he shall consider the same unnecessary; provided further, that no such Appointment as aforesaid shall be made by the Master of the Rolls unless with the Approbation of the Lord Chancellor, nor shall any such Appointment as aforesaid be made of a Clerk of Records and Writs while there shall be Four or more such Clerks, nor of a Taxing Master while there shall be Six or more such Masters, Unless the Lord Chancellor, with such Advice and Consent as aforesaid, shall by any Order declare such Appointment to be necessary.

S-V Appointment of additional Clerks of Records and Writs and of Taxing Masters.

V Appointment of additional Clerks of Records and Writs and of Taxing Masters.

V. And be it enacted, That the Lord Chancellor may from Time to Time, with such Advice and Consent as aforesaid, appoint additional Taxing Masters, and the Master of the Rolls may from Time to Time, with such Approbation as aforesaid, appoint additional Clerks of Records and Writs: Provided always, that no such additional Appointment shall be made by the Master of the Rolls unless the Lord Chancellor, with such Advice and Consent as aforesaid, shall by any Order declare such Appointment to be necessary; provided further, that the Number of Clerks of Records and Writs under this Actshall not at any one Time exceed Six, and the Number of Taxing Masters under this Act shall not at any one Time exceed Nine.

S-VI Appointment of Deputy in case of Absence of Clerk of Enrolments, Clerk of Records and Writs, or Taxing Master.

VI Appointment of Deputy in case of Absence of Clerk of Enrolments, Clerk of Records and Writs, or Taxing Master.

VI. And be it enacted, That in case of Absence, from Illness or other reasonable Cause, it shall be lawful for any Clerk of Enrolments in Chancery, Clerk of Records and Writs, or Taxing Master, under this Act, to appoint a Deputy, such Deputy, and also the Occasion for such Appointment, being first approved in the Case of a Taxing Master by the Lord Chancellor, and in the other Cases by the Master of the Rolls; and that in case any Clerk of Enrolments in Chancery, Clerk of Records and Writs, or Taxing Master under this Act, being absent as aforesaid, shall neglect to appoint such Deputy, or to renew the Appointment of a Deputy, the Lord Chancellor in the Case of a Taxing Master, and in the other Cases the Master of the Rolls, may appoint a Deputy; and every Deputy to be appointed as aforesaid shall have all the Powers and Authorities of his Principal, and shall be paid such Sum out of the Salary of his Principal as the Lord Chancellor in the Case of a Taxing Master, and in other Cases as the Master of the Rolls, shall direct; and during Vacations the whole of the Business of...

To continue reading

Request your trial