Chancery Taxing Master (Ireland) Act, 1845



An Act for the Appointment of a Taxing Master for the High Court of Chancery in Ireland. [8th August 1845.]


[Ss 1, 2 (as to duties, tenure, and appointment of taxing master in the Court of Chancery) rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Appointment of deputy in case of absence.

3. In case of absence from illness or other reasonable cause it shall be lawful for any taxing master under this Act to appoint a deputy, such deputy, and also the occasion for such appointment, being first approved by the lord chancellor; and in case any 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 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.

Taxing master may administer oaths and take affirmations.

4. It shall be lawful for every such taxing master under this Act to administer the oaths and take the affirmations and attestations of honour which he may from time to time be required to administer and take by any order made by the lord chancellor, with the advice and consent of the master of the rolls for the time being.

Persons swearing before taxing master subject to penalties for perjury.

5. All persons swearing, affirming, or attesting before any taxing master under this Act shall be liable to all such penalties punishments, and consequences, for any wilful and corrupt false swearing or perjury, as if the matters sworn, affirmed, or attested had been sworn, affirmed, or attested before the High Court . . .

[S. 6 rep. 55 & 56 Vict. c. 19. (S.L.R)]

Taxing master and clerks not to take gratuities.

7. If any such taxing master, or any clerk of any taxing master, shall, for any thing done or pretended to be done relating to his office or employment under this Act, or under colour of doing any thing 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 any thing of value, other than what is allowed or directed to be taken by him under this Act, or any order made under this Act, the person so offending may, upon complaint made to the lord chancellor, be removed by him from any office or employment he may hold under this Act.

Persons employed under this Act not to practise as solicitors.

8. No person, while he holds any office or employment under this Act, shall practise . . . as a solicitor and every solicitor who shall accept any office or employment under this Act shall be struck of the roll of solicitors of the High Court . . .

[Ss. 9, 10 rep. 54 & 55 Vict c. 67. (S.L.R.)]

Act not to affect other powers of lord chancellor.

11. Provided always, that nothing in this Act contained shall be construed to affect the general powers vested in the lord chancellor, either solely or otherwise, under any former Act.

[S. 12 rep. 38 & 39 Vict. c. 66. (S.L.R.) S. 13 rep. 54 & 55 Vict. c. 67. (S.L.R.) S. 14 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Interpretation of “lord chancellor.”

15. In the construction of this Act the expression “the lord chancellor” shall mean and include the lord chancellor of Ireland, the lord keeper, and lords commissioners for the custody of the great seal of Ireland, for the time being.

[S. 16 rep 38 & 39 Vict. c. 66. (S.L.R.)]