41Geo. 2. 25.1. Rolls in Ireland quam dia se And not to cease king. ders, &c. as, according to the course of the court of 3 Geo. & c. St. chancery, ought only to be made by the lord chancellor, Fog. 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, that it is expedient that the office of master of the rolls in Ireland should be made a judicial office, and assistant Master of the to the lord chancellor; and therefore enacts, that it shall to hold his office be lawful for the king, under the great seal of the united bene gesserit. kingdom, to grant the commission of master of the rolls of Ireland, to any person quam diu 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. 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 His decrees or deemed valid orders of said court, subject nevertheless orders may be e to be discharged, reversed, or altered by the lord chan- by lord chancelcellor, &c. and so as no such orders, &c. be inrolled till signed by chancellor before inthe same shall be signed by the lord chancellor. And rolled. 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 mayexecution of the laws respecting bankrupts; and such hear bunkrupt 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 by s. 8. the master of the rolls so appointed, shall have power to appoint a proper officer to execute such part of the duties as have been heretofore performed by deputy; such officer to be first approved by the lord chancellor, by instrument under his hand and scal. Provided (s. 9.) that it shall be lawful for the king to remove 9. 9. any master of the rolls upon an address of both houses Removeable in, of parliament. versed or altered lor; and to be By s. 2. thorize him to motions. S. 3. Certain part of his duties may be executed by deputy. address of partrument. Certain duties prescribed for masters in chan cery, and fees in respect there to. By the 13 Car. 2. st. 1. Eng. *one public office shall be kept near the rolls, in which the masters, or one of them, shall constantly attend for the administering of oaths, caption of deeds and recognizances, and dispatel 13 Car. 2. st. 1. of all matters incident to their office, (references upon Eng. accounts, and insufficient answers, only excepted) from 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 certi Oath of the ficate in pursuance of any order upon By the 18 Edw. 3. st. 5. E. & I. the following oaths clerks in chan- are prescribed to be taken by the clerks of the chancery, 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 cery, and clerks of course. E&L. 66 people, in the office of clerk of the chancery, to "which ye be attitled; and ye shall not assent nor pro 66 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 ❝ counsel * This statute is not printed in Ruffhead's edition of the statutes: but ↑ have taken it from the appendix to the 23d 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 66 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, 66 nor without writs, without especial license, if ye have "not lawfully examined the party and the attorney in proper person, or at the least him that shall make at"torney in proper person; nor shall ye deliver 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, so that 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.) 14&15 Hen. 8. that all who shall be in the office of six-clerks of chan- c.8.s.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 position of the said offices, the forfeiture by marriage the six-clerks recognized. only except; and that the said officers give such attendance to the master of the rolls as hath been accus VOL. II. 2 B tomed. rolls to appoint s.23. Eng. 1 have the term fee tomed. To which there is no statute similar in Ire 4 Ann. c. 16. land. It is a provision of the 4 Ann. c. 16. 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 of 3s. 4d. c. 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 term fee of 3s. 4d. and also the whole fees for all small writs made siby the sworn clerks. No Irish statute contains any milar 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 23Geo. 2. c. 14. those dying or removed; the 25 Geo. 2. c. 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 shall not stop or delay any suit dépending in said court, clerks obviated. but the six-clerk who shal! succeed the six-clerk so dy 3. 2. Ir. removal of six Appointments during the vacancy of the of &c. made by the lord chancellor, of persons to be ing, &c. shall, in 8 running days after the service of any party, or his agent or solicitor, who was so concerned for such defendant at the time of such deáth, &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 as a six-clerk in such suit. It is declared and enacted by the 45 Geo. 3. c. 75. G. B. that all appointments and nominations, which, fice of register, during any vacancy of the office of register and keeper of the register and registers in the court of chancery of Great Britain, shall be made by the lord chancellor, under his hand and seal, of any person to be a sub-re45 Geo. 3. c.75. gister, or deputy register, or filer or keeper of the reports, 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. G. B. 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 sug- 17 Ric. 2. c. 6. gestions, the chancellor shall have power to award da- E. & L. mages to him who is so unduly troubled. And for preventing vexatious suits in equity, the 4 Ann. c. 16. s. 23. 4 Ann. c. 16. 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.* 25 Geo. 3. c. 51. Ir. contains a similar provision. The bills dismissed. "Orother officer" added in 25 Geo. 3. c.51.s.3. Ir. |
