Leeds Burial Grounds Act 1842

Cited as:1842 c. ciii
Jurisdiction:UK Non-devolved
Leeds Burial Grounds Act 1842

(5 & 6 Vict.) c. ciii

An Act for abolishing certain Offices of the High Court of Chancery in England.

[10th August 1842]

ANNO QUINTO & SEXTO VICTORLE REGESLE ************************************^*************^ CAP. CIII. An Act for abolishing certain Offices of the High Court of Chancery in England. [10th August 1842.] m B E 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 of October 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 riot been passed,) shall be and the same are hereby abolished. 13 Z II. And Offices of Clerks of Enrolment and their Deputies, . Comptrollers of the Hanaper, Six Clerks, Sworn Clerks, and Waiting Clerks, (except as to Recovery of bygone Fees, and to certain Rights,) abolished. ?J . 1194 Transfer of Enrolments, Records, &c. 5 & 6 VICTORIA Cap. 103. II. And be it enacted, That from and after the said Twenty-eighth; Day of October 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 http://shall.be transferred to the Custody of such Persons as the Master of the Rolls shall from Time to Time by any, Order direct. -+r Duties, &c. of Six Clerks in relation to Causes in the Petty Bag; , Clerk of Enrolments; r Clerks of Kecords and Writs; Taxing Masters; Fen tire of Office. Duties to be discharged n Person. Removal. Clerk of Enrolments in Chancery, Clerk of. Records and * Writs, and General Provision as to Chancery, Clerks of Records and Writs, and Taxing Masters, respec- Busiriess of III. And be it enacted, That from and after the said Twenty-eighth Day of October 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 Causes in 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 of October 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 denomi^ * nated the *e 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 Salary of One thousand two hundred Pounds per 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 Pounds per 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,. Clerk of 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, V tively, shall be as well the Management of Enrolments, Comptroller^ ship of the Hanaper, Management of Records, Writs, andRuIes, 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;, 2 Chancellors 5* & 6 VIOTORI^ Cap;103. 1195 Chancellors for the Tiriie being, or any Two of them, shall from Time Taxing to Time by any Order direct; and the Places, Times, and Manner in .-Masters..-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. IV. And be it enacted, That David Drew Esquire, One of the First Clerk Deputies of the Clerks of the Enrolments, shall be the First Clerk of ^ ; Enrolments in Chancery; Frederick Bedwett, One of the Sworn Clerks " j , in of the Court of Chancery, John Alexander Berrey, One of the 0f jteco?d$b Agents in the Six Clerks Office, John Veal, One other of the Agents anci Writs. " in the Six Clerks Office, and Seth Charles JVard 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 First Taxing Clerks of the Court of Chancery, Robert Bayly Follett, One of the Masters. Solicitors of the Court of Chancery, George Qatty 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 3£lls arid 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 Clerk of Enrolments in Chancery, or any Filling up of Clerk of Records and Writs hereby appointed, or any of his Sue- XmCancl^s cessors, shall die, or resign or be removed from his Office, the Master Cjer^ 0f of the Rolls shall have Power to appoint a Clerk of Enrolments in Enrolments Chancery, or a Clerk of Records and Writs, (as the Case may be,) in or Clerk of the Room of the Clerk of Enrolments in Chancery or Clerk of Records ^rds and 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 oifce of die, or resign or be removed from his Office, the Lord Chancellor shall Taxing Mas- have Power to appoint a Taxing Master in the Room of the Taxing ter. 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 Chane^y or Clerk of Records and Writs, while he shall Consider the same un necessary; provided further, that no such Appointment as aforesaid shall be made by the Master of the Rolls unless with th# Appro bation of the Lord Chancellor, nor shall any such Appj|ptment as aforesaid be made of a Clerk of Records $nd writs whijiliere shap be Four or more such Clerks, nor of ^Taxing Mastfpwhile tljjfe shall be Six or more such Masters, Unless the L|jP Chancejir, with such Advice and Consent as; aforesaid, shabby any Ojaer declare such Appointment to be necessary. - Vi And be it enacted, That the Lord ChanceHbr may fromJUTime Appoint-to Time, with such Advice and Consent as afoifisaid, appoii|p[id#- ^'^ofaddi- Master of the iglls may from Jfee* QWl^k" Time, with such Approbation^ aforesaid, afflfint. additiojfpCI^ks ail| writs** of'Records and Writs: Presided always, Jlfi no such^ldi^^aj^cl of Tax- Appointment shall be made^by the MastflW the Rol^nle^ thjpg; Masters. Lord Chancellor, with suclif Advice and C|fent as afoiip^,^3^^ any Order declare such -^ppointinent tQjife necessa^ limitation. theiy that the Number of Clerks of Bjfibrds and Wis ^eiifhis 1-196 J- 5 & 6VICTORLE, Cap. 103. Act shall not at any one Time exceed Six, and the Number Taxing Masters under this Act shall not at any one Time Nine.' of Appointment of Deputy in case of Absence of Clevk 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 Casie 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...

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