(Ireland.)

A

BILL

[AS AMENDED IN COMMITTEE]

ΤΟ

Make better Provision for the efficient Discharge of the Duties of the Taxing Officer in and for the Common Law Business in Ireland.

W

c. 53.

HEREAS by an Act passed in the First and Second Preamble. Years of the Reign of His late Majesty King George 1 & 2 G. 4. the Fourth, intituled "An Act to regulate the Pro"ceedings in the Civil Side of the Court of King's Bench, and also 5" in the Court of Common Pleas, and in the Pleas or Common Law "Side of the Court of Exchequer, in Ireland," and further, by an Act passed in the Fifth Year of the Reign of His said Majesty King George the Fourth, being an Act to amend the said recited Act, an Establishment was formed for (amongst other Purposes) the Taxation 10 of Bills of Costs in Common Law Business in Ireland, and by the said first-recited Act it was amongst other things enacted, that it should be lawful to and for the Lord Lieutenant or other Chief Governor or Governors of Ireland from Time to Time to appoint Two Officers, who should be and be called Taxing Officers in Com15 mon Law Business, who should have Power to tax the several Classes of Costs therein mentioned, and that after the Commencement of the said first-recited Act the several Classes of Costs

7 & 8 Vict. c. 107.

therein mentioned should not be taxed by any other Officer or
Person whomsoever, and it was thereby further enacted, that each
of the said Taxing Officers should be entitled to receive out of
the Consolidated Fund of the United Kingdom the yearly Sum
of One thousand two hundred Pounds (of the then Currency of 5
Ireland), to be payable as therein mentioned: And whereas by
an Act passed in the Seventh and Eighth Years of the Reign
of Her Majesty Queen Victoria, intituled "An Act to regulate
"and reduce the Expenses of the Offices attached to the Superior
Courts of Law in Ireland payable out of the Consolidated Fund," 10
it was amongst other things enacted, that whenever it should
happen that the Two Persons then holding the Office of Taxing
Officer to the said Law Courts should vacate the same by Death,
Resignation, or Removal, there should thenceforth be for the said
Three Courts but One Taxing Officer, who should be and be called 15
Taxing Officer in Common Law Business, and that such Taxing
Officer should have the Assistance in his said Business of One Exa-
miner and One Clerk, to be appointed by him during his Pleasure, and
that whenever it should happen that a Vacancy should arise in the
said Office of Taxing Officer by Death, Resignation, or Removal of 20
One only of the Two Persons then holding such Office, the Person to
be appointed Taxing Officer in his Stead under the Provisions of the
said herein-before first-recited Act should, notwithstanding anything in
the said Act contained, be entitled to receive only the Salary spe-
cified for the Taxing Officer in the Schedule (D.) to the said Act 25
annexed, and whenever the other of the Two Persons then holding
the Office of Taxing Officer should die, resign, or be removed, the
Person who should have been so appointed as joint Taxing Officer
in the Room of the Person so first dying, resigning, or being removed
should be the sole Taxing Officer, as therein-before directed, with 30
the Assistance of an Examiner and Clerk, who should respectively
receive the Salaries specified in the said Schedule to the said Act
annexed: And whereas James Clancy, Esquire, One of the Persons
holding the Office of Taxing Officer at the Time of the passing of
the said last-recited Act, has vacated the same by Death, and Henry 35
Colles, Esquire, has been appointed Taxing Officer in his Stead:
And whereas William E. Hudson, Esquire, the other of the said
Persons holding the said Office of Taxing Officer at the Time of
the passing of said last-recited Act, has discharged the Duties of the
said Office for a Period of Nineteen Years, and is now by ill Health 40
incapacitated from continuing to discharge the same, and is desirous
to be relieved from the Burden thereof: And whereas it is expedient
to permit the said William E. Hudson to retire from said Office,
and to make a fit and proper Provision for that Purpose: And
whereas it is also expedient to make better Provision for the efficient 45
Discharge

Discharge of the Duties of the said Office: 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 5 same, That

Repeal of so much of recited Act as relates to

the Taxing

I. So much of the said herein-before recited Act of the Seventh and Eighth Years of the Reign of Her present Majesty as relates to the said Taxing Officer in Common Law Business, so far as same is inconsistent with the Provisions of this Act, be and the same is hereby Common 10 repealed.

Officer in

Law Busi

ness.

son.

II. From and after the First Day of July One thousand eight Retirement hundred and fifty-three it shall and may be lawful for the said William of Mr. HudE. Hudson, Esquire, to retire from the Duties of the said Office of Taxing Officer in Common Law Business; and that from and after 15 the said First Day of July One thousand eight hundred and fiftythree the said William E. Hudson shall be entitled to receive as Compensation, for and during his Life, in lieu of the Salary and Emoluments at present enjoyed by him in respect of his said Office, the annual Sum of Eight hundred Pounds, such Sum to be charged 20 and chargeable upon and paid and payable out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, in the same Manner and on the same Days and Times as the Salary provided by the said first-recited Act was directed and appointed to be paid to him, and was hitherto received and enjoyed by him as such 25 Taxing Officer, to grow due from Day to Day, the First Payment to be computed from the said First Day of July One thousand eight hundred and fifty-three.

III. In place and stead of the Establishment provided by the said Appointrecited Act of Seventh and Eighth Years of the Reign of Her ment of Two Taxing 30 present Majesty, from and after the passing of this Act the taxing of Officers. Costs in Common Law Business shall be conducted by Two Officers, one to be and be called the "Principal Taxing Officer in Common Law Business," and the other to be and be called the "Assistant Taxing Officer in Common Law Business," each of whom shall hold 35 his Office during his good Behaviour; that the said Principal Officer shall be a Barrister of at least Five Years standing, and that the Assistant Officer shall be an Attorney of not less than Four Years standing; such Officers shall be appointed under this Act by the Lord Lieutenant or other Chief Governor or Governors of Ireland 40 from Time to Time as the Taxing Officers for Common Law Business were directed to be appointed by the said recited Act of the First and Second of George the Fourth; and Henry Colles, Esquire, shall be the First Principal Taxing Officer under this Act.

Duties of
Taxing
Officers.

Taxing Officers to have the

same Powers

and be subject to the same Regu

lations as

Taxing
Officers

created un-
der recited
Acts.

Appointment of Clerk.

IV. The Business to be transacted by such Officers shall be the taxing of all such Costs as are specified in the said recited Act of the First and Second Years of the Reign of King George the Fourth, and thereby directed to be taxed by the Taxing Officers for Common Law Business; the Business of the said Office shall be 5 divided between the said Officers as they shall from Time to Time find most expedient, subject, however, to the Approbation of the Lord Chief Justice of Her Majesty's Court of Queen's Bench in Ireland, such Distribution and Arrangement to be reduced to Writing, with the Approval thereof by the said Lord Chief Justice 10 under his Hand; and if the said Officers shall not agree to such Distribution or Arrangement, it shall and may be lawful for the Lord Chief Justice, by an Order under his Hand, to direct in what Manner and Proportion such Business shall be divided between and transacted by the said Two Officers; and in all and every Case 15 where any Party or Person is dissatisfied or feels himself aggrieved by the Decision of the Assistant Taxing Officer, it shall and may be lawful for such Party or Person, before the Bill of Costs shall be certified, to bring the Item, Question, or other Matter by way of Appeal from the Decision of the Assistant Officer before the Prin'cipal Officer, who shall with all convenient Despatch dispose of the 20 Item, Question, or other Matter so brought before him on such Appeal.

V. The said Two Officers appointed or to be appointed under the Provisions of this Act shall have the same Power and Authority, and be subject to the same Regulations as to Duties and Attendance, as 25 are given and contained with reference to Taxing Officers in and by the said herein-before recited Acts of the First and Second Years of the Reign of King George the Fourth and of the Seventh and Eighth Years of the Reign of Her Majesty Queen Victoria; and all and every the Provisions, Powers, Authorities, and Directions contained in 30 the said recited Acts or either of them, with reference to the Taxing Officers created thereby, so far as the same shall be consistent with the Alterations hereby effected, shall be and be deemed applicable to the Taxing Officers appointed or to be appointed under this Act, and to the Taxation of Costs by them or either of them, and all Matters 35 and Proceedings belonging to or connected with the Business thereof.

VI. The said Taxing Officers shall have the Assistance in their said Business of One Clerk, for the Purpose of issuing of Summonses, Entries of Costs, and keeping the Books and Records of their said Offices, to be appointed by the Lord Lieutenant or other Chief 40 Governor or Governors of Ireland for the Time being during his or their Pleasure.

VII. The

VII. The said Principal Taxing Officer, Assistant Taxing Officer, Salaries. and Clerk shall be entitled to receive respectively (out of the same Fund and at the same Periods as the Salaries in and by the said recited Acts directed to be paid to the Taxing Officers in Common 5 Law) the Salaries set forth in the Schedule A. to this Act annexed, which shall grow due from Day to Day.

tions.

VIII. The said Principal Taxing Officer, Assistant Taxing Officer, Superannuaand Clerk shall be entitled respectively to receive, with the Approbation of the Commissioners of Her Majesty's Treasury, as and for 10 Superannuation or Retiring Allowances, Sums not exceeding the following Proportions with reference to the Amount of their Salaries and the Period of their Services respectively; videlicet,

15

20

For Ten Years Service and under Fifteen Years, One Fourth of the
Salary fixed by the Schedule A. to this Act annexed :

For Fifteen Years Service and under Twenty Years, One Third of
such Salary:

For Twenty Years Service and under Twenty-five Years, One Half
of such Salary:

For Twenty-five Years Service and under Thirty Years, Two Thirds
of such Salary:

And the same shall be paid and payable out of the same Fund and at the same Periods respectively as the Salaries herein-before provided for the said several Officers and Clerk respectively, and the same shall grow due from Day to Day; and in ascertaining the Number of 25 Years to entitle such Clerk to receive such Superannuation Allowances, the Period during which he may have discharged Duties of a similar Nature in the said Taxing Office previous to the passing of this Act shall be reckoned for the Purpose of making up such Period of Twenty Years Service.