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CHANCERY AND COMMON LAW OFFICES (IRELAND) ACT 1867
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CHAPTER CXXIX.
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An Act to alter and regulate the Official Establishment of the High Court of Chancery and of the Superior Courts of Common Law in Ireland. [20th August 1867.]
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[Preamble.]
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Short title.
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1. This Act may be cited for all purposes as “The Chancery and Common Law Offices (Ireland) Act, 1867.”
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[S. 2 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Part I.
Offices of the High Court of Chancery in Ireland.
[S. 3 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Establishment of “Record and Writ Office.”
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4. There shall be an office of the High Court of Chancery in Ireland, to be called “the Record and Writ Office”; . . .
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[Ss. 5, 6 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Officers of Record and Writ Office.
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7. There shall be a clerk of records and writs and two assistants to such clerk in the Record and Writ Office, . . .
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[S. 8 is personal. S. 9 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Tenure of office.
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10. Every person appointed to any place under this Act . . . shall hold office by the same tenure as an officer serving in an established capacity in the permanent Civil Service of the State, but shall be removable by an order of the Lord Chancellor, with the concurrence of the Master of the Rolls or the Vice Chancellor, stating the cause for such removal:
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[Ss. 11, 12 rep. 56 & 57 Vict. c. 54. (S.L.R.) S. 13 is personal.]
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Appointment of deputy in case of absence of clerk of records and writs.
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14. In case of absence from illness or other reasonable cause it shall be lawful for the said clerk of records and writs to appoint a deputy, such deputy and also the occasion for such appointment being first approved by the Lord Chancellor; and in case the said clerk of records and writs, being absent as aforesaid, shall neglect to appoint such deputy, or to renew the appointment of a deputy, the Lord Chancellor 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 shall direct; and during vacations the whole of the business of the Record and Writ Office may be performed by such of the officers of the said office and upon such terms as the Lord Chancellor shall by any order direct.
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Clerk of records and writs and assistants to attest copies of affidavits.
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15. The said clerk of records and writs and the said assistants to the said clerk shall cause every copy of any affidavit to be duly compared with the original from which it shall be made before he shall attest the same, and shall be responsible for the accuracy of every copy so attested by him.
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The clerk of records and writs, &c. may administer oaths.
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16. The said clerk of records and writs and the said assistants to the said clerk may administer the oaths and take the affirmations and attestations of honour which they may from time to time be required to administer and take.
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Perjury.
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17. All persons swearing, affirming, or attesting before the said clerk of records and writs or any assistant to the said clerk under this Act shall be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing or perjury contained therein as if the matter sworn, affirmed, or attested had been sworn, affirmed, or attested before the High Court of Chancery.
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Officers and clerks not to take gratuities.
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18. If the clerk of records and writs, or any assistant to the said clerk, or any person employed in the said Record and Writ Office, shall, for anything done or pretended to be done relating to his office or employment under this Act, or under colour of doing anything relating to his said office or employment, wilfully demand or accept, or appoint or allow any person whatsoever to take for him or on his account, or for or on account of any person by him named, any fee, gift, gratuity, or emolument, or anything of value, other than what is allowed or directed to be taken by him, the person so offending may, upon complaint made to the Lord Chancellor be removed from any office or employment he may hold under this Act.
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Persons employed under this Act not to practise as barristers, &c.
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19. No person while he holds any office or employment in the Record and Writ Office shall practise as a barrister, or as a solicitor; and every solicitor who shall accept any office or employment under this Act shall be struck off the roll of solicitors.
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Power to Vice-Chancellor to appoint “clerk in court.”
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20. It shall be lawful for the Vice Chancellor from time to time to appoint a competent writer of shorthand to the office of “clerk in court,” whose duty it shall be to attend the Vice Chancellor's Court for the purpose of taking down and transcribing all such evidence, statements, and matters as the Vice Chancellor shall direct, and for the purpose of reading all documents necessary to be read in court, and discharging such other duties as shall be prescribed by the Vice Chancellor.
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Future clerks in Rolls Court to be practised shorthand writers.
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21. When any vacancy shall occur in the office of “clerk in court” in . . . the Rolls Court, it shall be lawful for the . . . Master of the Rolls to appoint a competent writer of shorthand to fill such vacancy ; , . . and every person appointed a “clerk in court” as aforesaid shall, in addition to the duties hitherto performed by the person filling such office, take down and transcribe all such evidence, statements, and matters as the judge in whose court he shall attend shall direct.
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Salaries and tenure of clerks in court.
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22. There shall be paid to any person appointed to the office of “clerk in court” in the . . . Rolls Court, or Vice Chancellor's Court, the net yearly salary of four hundred pounds; and every such clerk in court shall hold his office by the same tenure as an officer serving in an established capacity in the permanent Civil Service of the State, but shall be removable by the judge to whose court he shall be attached.
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Power to increase salaries of clerks in court.
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23. It shall be lawful for the Treasury, if they shall so think fit, to increase the salaries of all or any of the clerks in court appointed under this Act to any sum they may think fit, not exceeding the yearly salary of six hundred pounds for each such clerk, upon the recommendation of the judge to whose court the clerk shall be attached.
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[S. 24 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Right of succession in Registrar's Office abolished.
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25.. . . any person appointed to any office or situation in the Registrar's Office after the commencement of this Act shall not be entitled to claim any right of succession to any other office or situation in the said Registrar's Office.
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[S. 26 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Vice Chancellor may appoint a trainbearer, and Lord Justice of Appeal a trainbearer and tipstaff.
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27. It shall be lawful for the Vice Chancellor to appoint a trainbearer at a yearly salary of one hundred pounds, and for the Lord Justice of Appeal to appoint a trainbearer at a yearly salary of one hundred pounds, and a tipstaff at a yearly salary of fifty pounds.
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As to superannuation allowances.
22 Vict. c. 26.
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28. Any person hereafter appointed an officer of any office in the said Court of Chancery who shall resign his office shall be entitled to receive such superannuation allowance as the Commissioners of Her Majesty's Treasury shall think proper to direct; and in ascertaining and awarding the amount of such superannuation allowance the said Commissioners shall take into consideration the whole period during which any such person shall have been permanently engaged in the said office or in any other public office, and shall proceed according to the principles laid down by the Superannuation Act, 1859; and all sums and allowances which shall be so awarded and granted under the authority aforesaid shall be paid and payable, and be charged and chargeable, in the same way as is provided in respect of the salaries of the said officers:
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[Ss. 29–31 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Act not to affect other powers of Lord Chancellor.
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32. Nothing in this Act contained shall be construed to affect the general powers vested in the Lord Chancellor either solely or otherwise.
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Precedence of Lord Justice.
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33. [Recital of 19 & 20 Vict. c. 92. as to the rank and precedence of the Lord Justice of Appeal in Chancery.] The said Lord Justice . . . shall have rank and precedence only next the Lord Chief Baron of the Court of Exchequer in Ireland.
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[S. 34 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Part II.
Officers of the Superior Courts of Common Law in Ireland.
[Ss. 35–43 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Application of 7 & 8 Vict. c. 107.
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44. [Repeal in part of 7 & 8 Vict. c. 107.] . . . so many and such parts of the clauses and enactments of the said recited Act as may be applicable to the several officers and clerks appointed under this Act shall extend and be construed to extend and be applied to such officers and clerks respectively, as fully and effectually as if such clauses and enactments had been repeated and re-enacted in this Act.
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Clerks may administer oaths, &c.
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45. It shall be lawful for the . . . chief clerk, and two first-class clerks in each of the said Superior Courts of Common Law to take affidavits or affirmations in all matters relating to the business of the said Courts respectively, and to administer the necessary oaths and affirmations for that purpose; and all such oaths, affidavits, and affirmations shall be of the same force, validity, and effect, and shall and may be filed and used and acted upon respectively as fully and effectually, to all intents and purposes whatsoever, as if the same had been sworn or affirmed before the said Courts, or all or any of the judges thereof respectively; and any person who shall wilfully or corruptly swear or affirm anything false in any such affidavits or affirmations shall be subject to all pains, penalties, punishments, and disabilities for wilful and corrupt perjury, in like manner in all respects as if such affidavits had been made in any of the said several Courts, or before all or any of the judges thereof respectively.
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[Ss. 46, 47 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Fees on Crown side of Court of Queen's Bench.
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48. No officer employed on the Crown side of the Court of Queen's Bench in Ireland shall be entitled to receive and retain for his own use any fee, emolument, or reward whatsoever; and all and every the fees payable for or by reason of any matter or thing done or to be done by the said clerk of the Crown in his said office, or in anywise appertaining to the business thereof, now received in money, shall no longer be received in money, but by a stamp denoting the amount of the fee which otherwise would be payable; and where any fee shall be payable in respect of any document, such stamp shall, at the expense of the party liable to pay the fee, and in such manner and under such regulations as shall be directed by any general order under this Act, be stamped or affixed on the vellum, parchment, or paper on which the proceeding in respect whereof such fee is payable is written, printed, or engrossed, or which may be otherwise used in reference to such proceedings.
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Application of Inland Revenue and Stamp Acts.
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49. All stamps by this Act directed to be substituted for fees . . . in the Crown Office of the said Court of Queen's Bench, shall be issued by and shall be under the care and management of the Commissioners of Inland Revenue; and the several rules, regulations, provisions, penalties, clauses, and matters contained in any Act now or hereafter to be in force with reference to stamp duties shall be applicable thereto.
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[Ss. 50–52 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Power to chief clerk to take affidavits.
Punishment for false swearing, &c.
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53. It shall be lawful for the chief clerk to the said clerk of the Crown to take affidavits, affirmations, or attestations upon honour in all matters relating to the business of the Crown side of the Court of Queen's Bench in Ireland, and to administer the necessary oaths, affirmations, or attestations for that purpose; and all such oaths, affidavits, affirmations, and attestations shall be of the same force, validity, and effect, and shall and may be proceeded upon and dealt with in all respects, and to all intents and purposes, as if the same had been taken, made, or administered by or before the said Court, or any of the judges thereof, or by or before the said clerk of the Crown; and any person who shall wilfully or corruptly swear, affirm, or attest anything false in any such affidavits, affirmations, or attestations so taken or administered by the said chief clerk shall be subject to all pains, penalties, punishments, and disabilities for wilful and corrupt perjury, in like manner as if such affidavits, affirmations, or attestations had been made or taken by or in the said Court of Queen's Bench, or any of the judges thereof, or by or before the said clerk of the Crown aforesaid.
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Power to chief clerk to sign documents in absence of clerk, if authorized so to do.
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54. During the temporary absence of the said clerk of the Crown the affixing or signing the name of the said clerk of the Crown by the said chief clerk to all orders, writs, pleadings, instruments, and proceedings, upon his being duly authorized in that behalf by the said clerk of the Crown so to do, but not otherwise, shall be as good, valid, and effectual as if the same were respectively affixed or signed or done in person by the clerk of the Crown aforesaid.
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Additional salary to registrar of Consolidated Nisi Prius Court.
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55. There shall be paid to the registrar or clerk of Nisi Prius for the Consolidated Nisi Prius Court in Ireland, in addition to the annual salary which is now payable to such officer, the annual sum of one hundred pounds.
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As to superannuation allowances.
22 Vict. c. 26.
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56. Any master, . . . or other officer of any of the said Superior Courts of Common Law who shall resign his office shall be entitled to receive such superannuation allowance as the Commissioners of Her Majesty's Treasury shall think proper to direct; and in ascertaining and awarding the amount of such superannuation allowance the said Commissioners shall take into consideration the whole period during which any such person shall have been permanently employed in the said office or in any other public office, and shall proceed according to the principles laid down by Superannuation Act, 1859; . . . and all sums and allowances which shall be so awarded and granted under the authority aforesaid shall be paid and payable and be charged and chargeable in the same way as is provided in respect of the salaries of the said officers: . . .
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Salaries.
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Funds for payment of salaries.
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57. The salaries of the masters of the said Superior Courts of Common Law shall be charged upon and paid out the Consolidated Fund of the United Kingdom of Great Britain and Ireland, and the salary of the present clerk of the Crown of the said Court of Queen's Bench shall, so long as he shall hold such office, be also charged upon and paid out of the said Consolidated Fund ; and all other salaries under Parts I. and II. of this Act shall be paid out of such funds as Parliament shall from time to time provide for such purpose.
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[Ss. 58–60 rep. 56 & 57 Vict. c. 54. (S.L.R.) S. 61 is personal.]
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[Scheds. rep. 56 & 57 Vict. c. 54 (S.L.R.)]
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