attached by his body until he should have made satisfaction for the of the prison in which he is so detained, if upon that occasion and no of A. B. registrar, [or, deputy registrar, as the case may be.] proctor. 10 GEORGE 4, CAP. 53.—An act to regulate the duties, salaries, and emoluments of the officers, clerks, and ministers of certain ecclesiastical courts in England. Whereas the commissioners authorized and appointed by several commissions and warrants, as well from his late majesty king George the third, as from his present majesty, to make a diligent examination of the duties, salaries, and emoluments of the several officers, clerks, and ministers of justice of and within all ecclesiastical courts (amongst other courts) in England, and to inquire what regulations might be fit to be established respecting such duties, salaries, and emoluments, have, in pursuance of the said several commissions and warrants, made two several reports to his present majesty; one dated the sixteenth day of May one thousand eight hundred and twenty-three, as to the duties, salaries, and emoluments of the officers, clerks, and ministers of justice of the court of arches, prerogative court, and court of peculiars of the lord archbishop of Canterbury respectively; and the other dated the fourth day of July one thousand eight hundred and twenty-three, as to the duties, salaries, and emoluments of the officers, clerks, and ministers of justice of the consistory court and commissary court of the lord bishop of London respectively: and whereas the said commissioners have in their said several reports recommended the regulation of the duties, salaries, and emoluments of the officers, clerks, and ministers of justice of the said several courts respectively, and it is expedient that such recommendation of the said commissioners should be carried into effect, and that some provision should be made for the permanent regulation of the said duties, salaries, and emoluments; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, Tables of and by the authority of the same, that it shall and may be lawful tablished and for the official principal of the said court of arches, together with the enrolled in chancellor of the diocese of London and the commissary of the diocese of Canterbury, or together with either of them, and they are hereby required, to take into consideration the said reports and recommendations of the said commissioners, and to establish and ordain tables of fees to be thereafter taken by the several officers, clerks, and ministers of the said several courts respectively, such tables respectively to contain the fees recommended by the said commissioners in their said reports to be taken by the several officers, clerks, and ministers of the said several courts respectively, and no other fees or emoluments whatsoever; which tables of fees, when so established and ordained, shall be entered or enrolled in fees to be es the books of the courts. the public books or records of the courts to which they respectively relate, in such manner as the persons establishing the same shall think fit. such tables II. And be it further enacted, that the fees so established and The fees in ordained shall, from and after the establishment and ordaining to be the only thereof, and the entry or enrolment of such tables as aforesaid, and lawful fees. after notice thereof given to the officers, clerks, and ministers respectively whom they may concern, in such manner as the persons establishing the said tables shall direct, be the lawful fees of such officers, clerks, and ministers respectively, and that none other (except such as may be altered or ordained as hereinafter provided) shall be demanded, received, or taken by such officers, clerks, and ministers respectively, under any colour or pretence whatsoever. make altera tables. to be approv to their en III. And whereas some alteration in such tables of fees, after the Power to same shall have been so entered and enrolled as aforesaid, may from tions or additime to time become expedient and necessary; be it therefore tions in such enacted, that it shall and may be lawful for the said persons for the time being by whom such tables of fees shall be established as aforesaid from time to time to alter such tables of fees, and also to establish and ordain other reasonable, new, or additional fees to be demanded, received, and taken by such officers, clerks, and ministers respectively, and to cause such altered, new, or additional fees to be entered or enrolled in the public books or records of the courts to which they respectively relate; and which altered, new, or additional fees, when so entered or enrolled, shall be the lawful fees of such officers, clerks, and ministers: provided always, that before Alterations such altered, new, or additional fees shall be entered or enrolled in or additions the public books or records of the courts to which they respectively ed previous relate, and before the same shall be demanded, taken, or received by rolment. the said officers, clerks, and ministers respectively, the same shall be approved by the lord archbishop of Canterbury and the lord bishop of London respectively, as the same may relate to their respective courts, and, if approved by them, shall be submitted to the consideration of his majesty's privy council, who may disallow the same or any part thereof; and notice shall be given in the London Gazette of such submission to the privy council; and if within the space of three calendar months from the time of giving such notice, the same shall not be disallowed by the privy council, such altered, new, or additional fees, or such part thereof as shall not be disallowed, shall, from and after the expiration of the said three calendar months, be deemed and taken to be lawful fees, and shall be entered or enrolled as such in the public books or records of the courts to which they respectively relate, and added to the respective tables of fees accordingly. hung up in IV. And be it further enacted, that the several tables of fees so Tables of ordained and established as aforesaid, together with any subsequent fees to be alterations that may from time to time be made therein as aforesaid, the offices to shall be respectively kept hung up in some conspicuous part of the which they office or place of business to which they relate; and that extracts from such tables shall be hung up in some conspicuous part of the office or place of business of each officer, clerk, or minister of the relate. Not to extend to fees said several courts respectively, containing such parts thereof as shall concern such officer, clerk, or minister. V. Provided always, and be it further enacted, that nothing in of proctors. this act contained shall extend to any charges or fees made or received by any proctor of the same courts, or of any of them, in respect of business done by such proctor in his character and profession of proctor only, and not as such officer, clerk, or minister as aforesaid. Power to make regu due per formance of duties. VI. And whereas various important duties are required to be lations for performed by the deputy registrars and clerks of seats in the office of the prerogative court, and by the other officers, clerks, and ministers employed in the registry and in other offices of the several before mentioned courts, the due performance of which it is expedient to regulate and enforce, and to provide for the due qualification of the persons appointed to such offices; be it therefore enacted, that it shall and may be lawful for the said persons for the time being respectively herein before authorized to establish fees, and they are hereby required, forthwith to inquire into the performance of such duties, and from time to time to make such regulations respecting the same, and the performance thereof by the several officers, clerks, and ministers aforesaid, as to them shall seem expedient; which regulations, having been approved and confirmed by the lord archbishop of Canterbury, when they relate to the said court of arches, prerogative court, and court of peculiars, or either of them, and having been approved and confirmed by the lord bishop of London, when they relate to the said consistory court and commissary court, or either of them, shall be entered or enrolled in the public books or records of the courts to which they shall relate respectively, and shall from the time of such entry or enrolment be in full force with respect to such officers, clerks, and ministers respectively, and binding upon them and each of them. Appointment As to the appointment seats. VII. And be it further enacted, that from and after the passing of this act no person shall be appointed to the office of deputy registrar, entering clerk, record keeper, clerk of the seats, or examiner in any of the said several courts respectively, unless the appointment of such person to such office shall be previously approved by the judges for the time being of the said several courts respectively, and confirmed by the archbishop of Canterbury or bishop of London, as such appointment may relate to the respective courts of such archbishop or bishop, such approbation and confirmation to be signified in writing, and to be registered. VIII. And be it enacted, that no person shall be hereafter of clerks of appointed clerk of a seat in the office of the said prerogative court unless he be a notary public, and have duly served a clerkship of seven years to a proctor practising as such in one of the said courts; and such clerk of a seat shall execute his duties in person, except when prevented by reasonable cause; and when so prevented, he shall procure the assistance of some other notary public, to be approved by the judge: provided always, that nothing herein contained shall extend or apply to any clerk of a seat in the office of the prerogative court, duly appointed thereto before or at the time of passing this act. court day orders made IX. And whereas delay in the progress of causes in the said Additional several courts, and in the high court of delegates, is occasioned by may be apsome of the present rules of practice, and particularly by rules pointed, and respecting causes proceeding in pœnam contumacia, where the for expeditparties cited do not appear; be it therefore enacted, that it shall ing causes. and may be lawful for the judges for the time being of the said court of arches, prerogative court, court of peculiars, consistory court, and commissary court respectively, from time to time to appoint new and additional court days for the transaction of business in their several courts respectively; which new and additional court days shall, from and after the appointment thereof as aforesaid, be regular court days for the transaction of business, to all intents and purposes; and to make orders of court for expediting and regulating the proceedings in their several courts, and to cause the said orders to be entered or enrolled in the public books or records of the several courts to which they respectively relate, and which, when so entered, shall, until altered or revoked by the same authority, be observed by such courts respectively; and all such orders for the expediting or regulating the proceedings in any causes, as far as the same are applicable to cases of appeal, shall be submitted to the consideration of the lord high chancellor or keeper of the great seal for the time being, who may direct the same and any further order or orders to be observed as rules of practice by the said high court of delegates in all causes to which such rules and orders respectively may relate or be applicable; and which orders, when approved by the lord chancellor or lord keeper for the time being, shall be entered as rules of practice in the register books of the said court of delegates, and be observed as such by the same court accordingly, until altered or revoked by competent authority. X. And whereas great and unnecessary inconvenience and delay Holidays. are occasioned by the numerous holidays now kept in the office of the said prerogative court; be it therefore enacted, that from and after the passing of this act no holidays shall be kept in the office of the said prerogative court except such as are observed as holidays at his majesty's head office of stamps in London. may be held Commons. XI. And whereas great inconvenience arises from the said court Court of of peculiars being held in the vestry room of Bow church; be it peculiars therefore enacted, that from and after the passing of this act the in Doctors' said court of peculiars shall and may be held in the common hall or place of judicature in Doctors' Commons; and that all process from and out of the said court of peculiars shall be rcturnable at such place in Doctors' Commons; and all the business of the said court of peculiars shall be done and transacted in the said place as fully and effectually, to all intents and purposes whatsoever, as if the same had been done and transacted in the said vestry room of Bow church; any usage to the contrary notwithstanding. continue and transacted XII. And whereas great inconvenience arises from the ceasing of Officers shall the functions of the judges and other officers, and the suspension of business be business in the several courts of the lord archbishop of Canterbury in the said and of the bishop of London respectively, upon any vacancy of their courtsduring respective sees; be it therefore enacted, that upon any vacancy of of the sees of the respective sees of Canterbury and London, after the passing of Canterbury the vacancy or Upon death of judges, the surrrogates, &c. to continue until this act, the judges and officers for the time being of the several courts of the said lord archbishop of Canterbury and bishop of London respectively shall during such vacancy, and until the issuing of new commissions in that behalf, respectively continue to hold their respective offices; and all business in the several offices of such courts respectively shall be transacted and carried on during such vacancy, and shall be as valid and effectual, to all intents and purposes, as if no such vacancy had occurred. XIII. And be it further enacted, that upon the death of any of the judges of the said several courts, the surrogates and other officers of the said several courts appointed by such judges respecnew appoint- tively shall continue to exercise their respective offices until a new appointment shall be made by the persons having competent authority so to do. ments. Privy coun cil may order discharge of persons in custody un capiendo. 2 & 3 WILLIAM 4, CAP. 93.-An act for enforcing the process upon contempts in the courts ecclesiastical of England and Ireland.See Title "CONTEMPTS IN COURTS ECCLESIASTICAL," vol. ii. p. 381. 3 & 4 VICTORIA, CAP. 93.—An act to amend the act for the better regulation of ecclesiastical courts in England.-Whereas it is expedient to make further regulations for the release of persons committed to gaol under the writ de contumace capiendo; be it therefore 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 after the passing of this act it shall be lawful for the judicial committee of her majesty's most honourable privy council, or the judge of any ecclesiastical court, if it shall seem meet to the said der writ de judicial committee or judge, to make an order upon the gaoler, contumace sheriff, or other officer in whose custody any party is or may be hereafter, under any writ de contumace capiendo already issued or hereafter to be issued, in consequence of any proceedings before the said judicial committee or the judge of the said ecclesiastical court, for discharging such party out of custody; and such sheriff, gaoler, or other officer shall on receipt of the said order forthwith discharge such party: provided always, that no such order shall be made by the said judicial committee or judge without the consent of the other party or parties to the suit: provided always, that in cases of subtraction of church rate for an amount not exceeding five pounds where the party in contempt has suffered imprisonment for six months and upwards, the consent of the other parties to the suit shall not be necessary to enable the judge to discharge such party, so soon as the costs lawfully incurred by reason of the custody and contempt of such party shall have been discharged, and the sum for which he may have been cited into the ecclesiastical court shall have been paid into the registry of the said court, there to abide the result of the suit; and the party so discharged shall be released from all further observance of justice in the said suit. Proviso. Form of order. Act may be amended, &c. II. And be it enacted, that any such order may be in the form given in the schedule annexed to this act. III. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament. |