Page images
[ocr errors]


quam dini se

And not to cease

ders, &c. as, accoriling to the course of the court of 3 Gro. a c. cro. chancery, ought only to be made by the lord chancellor, lord keeper, or lords commissioners of the great seal shall be deemed to be valid orders, &c. of said court subject nevertheless to be discharged, reversed, or altered, by the lord chancellor, &c.; and so as no such orders, &c. be inrolled till the same are signed by the lord chancellor. And the 41 Geo. 3. c. 25. I. recites,

*1Ceo..? 23.1. that it is expedient that the ofhce of master of the rolls in Ireland should be made a judicial office, and assistant Master of the

Rolls in Ireland to the lord chancellor; and therefore enacts, that'it shall to hold his otice be lawful for the king, under the great seal of the united beve gesserit. kingdom, to grant the commission of master of the rolls of Ireland, to any person quam din se bene gesserit ; and to provide that such commission shall continue in force during the good behaviour of such person, notwithstand- by demise of the ing any demise of the king; and the master of the rolls king. so appointed shall have authority to make orders and decrees on all matters and causes depending in the court of chancery of Ireland; and such orders, &c. shall be lis decrees or

may be redeemed valid orders of said court, subject nevertheless ordres tot to be discharged, reversed, or altered by the lord chan- by lord chancel

lor ; and to be cellor, &c. and so as no such orders, &c. be inrolled till signed by chan

cellor before in the same shall be signed by the lord chancellor. And rulled. by s. 2. it shall be lawful for the king, in any such patent, to provide, that the said master of the rolls shall have power to make orders in all matters touching the King may area execution of the laws respecting bankrupts; and such hear banaka i put orders shall be of the like effect as if made by the lord chancellor; subject nevertheless to be discharged, reversed, or altered by the lord chaneellor, &c. And

&o by s. 8. the master of the rolls so appointeil, shall have power to appoint a proper oficer to execute such part certain mart op

Cerinin of the duties as have been heretofore performed by de- his duties may puty ; such officer to be first approved by the lord chan

deputy. cellor, by instrument under his hand and scal. Provided (s. 9.) that it shall be lawful for the king to remove any master of the rolls upon an address of both houses Promoveable by,

aduress of yarof parliament.

or allered

[ocr errors]

him to



be erecuted by




Certain duties

By the 13 Car. 2. st. 1. Eng. *one public office shall prescribed for

be kept near the rolls, in which the masters, or one of masters in chan. cery, and fees them, shall constantly attend for the administering of in respect there.

oaths, caption of deeds and recognizances, and dispatele 13 Car. 2. st. 1. of all matters incident to their oflice, (references upon Eng.

accounts, and insufficient answers, only excepted) froin 7 o'clock in the morning until 12 at noon, and from 2 in the afternoon until 6 at night, and the said masters may take the fees following, viz. for every oath taken in the said office, 12d. For every bill of costs taxed for the plaintiff's not putting in his bill, .or not proceeding to reply, or for not appearing, 2s. 6d. For the acknowledgment of every deed to be inrolled, 2s.

For the caption of every recognizance, 2s. For every exemplification examined by 2 masters, to each of the masters who shall examine, for every skin, 2s. For every report or certificate in pursuance of any


upon bearing, 20s. For every

other certificate or report of any order made upon petition or motion, 10s. And if

any master receive any reward otherwise or for any other matter, such master, after conviction, shall be disabled from the execution of his office, and forfeit to the party grieved so much as be shall take contrary to this act, and £100. one moiety to the king, and the other to the party grieved. And tables of the said fees shall be set up in the office, and in the chapel of the rolls.

By the 18 Edw. 3. st. 5. E. & I. the following oaths Oath of the clerks in chan- are prescribed to be taken by the clerks of the chancery, of course.

and of the clerks of course : “ Ye shall swear that well 18 Edw. 3. st.5. “ and lawfully ye shall serve our lord the king, and his

6 people, in the office of clerk of the chancery, to 66 which


be attitled; and ye shall not assent nor pro“ cure the king's disherison, nor perpetual damage to “ your power; nor shall ye do, nor procure to be done,

any fraud to any man's wrong, nor thing that toucheth “ the keeping of the seal; and ye shall lawfully give

cery, and clerks



* This statute is not printed in Ruffhead's edition of the statutes : but I have taken it from the appendix to the 230 vol. of Mr. Pickering's edition,


" counsel the things that touch the king, when ye shall “ be thereto required; and the counsel which ye

know “ touching him, ye shall conceal. And if you know

, “ the king's disherison, or perpetual damage or fraud to “ be done upon the things which touch the keeping of “ the seal, ye shall put your lawful power to repress and “ amend it: and if ye cannot do it, then ye shall cer

tify the chancellor or other, which may do the same “ to be amended to your intent.” And for the clerks of course shall be added : “ And ye shall not bring, nor " to your knowledge suffer to be brought, any writs “ which ye make out of the court not sealed, thereof to “ do execution: nor shall record any attorney by writs, nor without writs, without especial license, if ye

have “ not lawfully examiụed the party and the attorney in

proper person, or at the least him that shall make at“ torney in proper person; nor shall


any “ writ which shall be of commandment to the examiners,

nor to the seal, before that the same writ be sent to. “ you by the commander, which thereof hath power, “ unless it be to the chancellor, or to one of the mas“ ters, which commandeth you to make the writs. And " all the writs that ye shall make, ye shall deliver to the “ examiners by your own hand, or by one companion “ which is sworn to the king, if ye yourself be out of “ the court because of sickness or other cause necessary,

ye cannot do it. And no writ written of ano“ ther man's hand shall be delivered to the examiners, “ under your name, as yours, nor no name shall ye put “ under your writs, but your own.

As God you help, “ and all saints." The authority of the master of the rolls to appoint the six-clerks of chancery is recognized by the 14 & 15 Hen. 8. c. 8. Eng, which enacts, (s. 2.) 148 15 Hen. 8. that all who shall be in the office of six-clerks of chan- c.8.8.2. Eng. cery, may marry and hold their offices. Provided (s. 3.) Authority of the that the master of the rolls be not prejudiced in the dis- master of the

rolls to appoint position of the said offices, the forfeiture by marriage the six-clerks

recognized only except; and that the said officers give such attendence to the master of the rolls as hath been accusa

2 B


so that

[ocr errors]


3. 2. Ir,

tomed. To which there is no statute similar in' IreAnn. c. 16. land. It is a provision of the 4 Ann. c. 16. s. 23. Eng. s.23. Eng.

which may be here stated, that no copy, abstract, or Sworn clerks to tenor of any bill in equity, do go with the dedimus or have the term fce of Is, 4d. Cc. commission for taking the defendant's answer; but in

lieu thereof, the sworn clerks of the court of chancery shall take, to their own use, the whole terinfee of 35. 4d. and also the whole fees for all 'smali writs made by the sworn clerks. No Irish statute contains any similar clause. To obviate the difficulty, delay, and expense, that often attended the obliging parties in suits

to appear and elect six-clerks in the room and stead of 236€0.2.c. 14. those dying or removed; the 25 Geo: 2. Ĉ. 14. s. 2. Ir.

provides, that upon the death or removal of any sixDelays arising clerk in the court of chancery, such death or removal from the death or sliall not stop or delay any suit depending in said court,

sixclerks obviated. but the six-clerk who shall succeed the six-clerk so dy

ing, &c. shall, in 8 running days after the service of any party, dr his agent or solicitor, who was so concerned for such defendant at the time of such death, &c. with a subpæna 'to elect a clerk in such suit, stand in the place of such clerk, and act as a six-clerk for such defendant in such suit, 'until the client of the six-clerk so dying, &c. shall think fit to employ any other clerk to appear aš a six-clerk in such sủit.

It is declared and enacted by the 45 Geo. 3. c. 75. Appointments during the va- G. B. that all appointments and nominations, which, cancy of the office of register, during any racancy of the office of register and keeper &c. made by bord chancellor, of the register and registers in the court of chancery of of persons to be Great Britain, shall be made by the lord chancellor, sub-registers,

under his hand and scal, of any person to be a sub-re45 Gev. 3. c.75. gister, or deputy register, or filer or keeper of the reG, B.

ports, and certificates and books of entries of orders and decrees, or to be an entering clerk for entering orders made in said court, or to hold any office or place, the appointment, &c. to which might have been made by the person holding the office of register, &c. in case such office had not been vacant, shall be valid. This act extends only to Great Britain.

O'c, shall be calid.


17 Ric. 2. c. 6.

XII. In respect to costs in equity. The 17 Ric. 2. § 12. c. 6. E. & I. provides, that when people are made to Costs in chancecome in the chancery, by writs founded on untrue suggestions, the chancellor shall have power to award da- E. & I. mages to him who is so unduly troubled. And for preventing vexatious suits in equity, the 4 Ann. c. 16. s. 23. Eng. further provides, that upon the plaintiff's dismis- s. 23. Eng. sing his own bill, or the defendants dismissing the same Full costs on for want of prosecution, the plaintiff shall pay to the defendant his full costs to be taxed by a master.* The *“ Orother

officer” added 25 Geo. 3. c. 51. Ir. contains a similar provision.

4 Ann. c. 16.

bill. dismissed.

in 25 Geo. 3. c.51.s. 3. Ir.

[merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors]
« PreviousContinue »