the Table Number Six, annexed to the said Act, have proved 'insufficient for the Remuneration of the Chief Examiners: And Whereas it is therefore expedient to adopt the Recommendation of the Commissioners of Inquiry into the Duties, Salaries and • Emoluments of the Officers, Clerks and Ministers of Justice in 'all temporal and ecclesiastical Courts in Ireland, in their First Report, in relation to the said Offices of Chief Examiners, by granting to them a Salary of Three hundred Pounds per Annum ' each, over and above all Fees payable under the said recited Act and the said Table thereto annexed, and also in addition to the " said Recommendation to grant One hundred Pounds per Annum "t to the sworn Assistant Clerk of each of the said Chief Examiners; 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, and by the Authority of the same, That from and after the passing of this Act there shall be issued and paid and payable to each of the present Two Examiners in Chief of the said Court of Chancery in Ireland, and to such Persons as shall from time to time hold the said Offices respectively, out of and charged and chargeable upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland, (after paying and reserving sufficient to pay all such Sum and Sums of Money as have been directed by any former Act or Acts of Parliament to be paid out of such Consolidated Fund, but with Preference to all other Payments which shall or may hereafter be charged upon and payable out of the said Fund) the annual Sum of Three hundred Pounds Irish Currency per Annum, and to the sworn Assistant Clerk of each of the present or any future Examiners in Chief, the annual Sum of One hundred Pounds; the said annual Sums so to be issued in pursuance of this Act to be payable and paid quarterly, free and clear of all Deductions, Taxes and Charges whatsoever, on the Fifth Day of January, the Fifth Day of April, the Fifth Day of July, and the Tenth Day of October in every Year, the First Quarterly Payment thereof to be made on such of the said Days as shall happen next after the passing of this Act: Provided always, that each such sworn Assistant Clerk shall be appointed by each of the present and of the future Examiners in Chief of the said Court, by Instrument in Writing under their respective Hands and Seals, enrolled in the said Court of Chancery. ' II. And Whereas the present Examiners in Chief of the said • Court have suffered much Loss since the Commencement of the said recited Act, by the Diminution of their Income, in consequence of the Provisions of the said Act, and it is therefore just and reasonable that the said Salaries to the said Examiners and their Clerks should and ought to commence and be paid to them from the Time of the Commencement of the said recited Act;' Be it therefore enacted, That there shall be paid to Thomas Quinan and Thomas Fenton, the Two present Examiners in Chief of the said Court of Chancery, out of the said Consolidated Fund, the Arrears of the said several Sums of Three hundred Pounds and One hundred Pounds per Annum, from the Third Day of November One thousand eight hundred and twenty three, the Day on which the said recited Act commenced in its Operation, up up to the Fifth Day of April One thousand eight hundred and twenty five, as if the said annual Sums had been so charged and nade payable to the said Examiners in Chief by the said recited Act, but only allowing to them the Proportion of the Quarterly with Allowance Payment from the said Third Day of November One thousand eight of Proportions. hundred and twenty three to the Fifth Day of January One thousand eight hundred and twenty four. Retired Allowance may be granted to Chief exceeding 3001. Examiners, not III. And be it further enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, by Letters Patent under the Great Seal of Ireland, to give and grant unto any Person who shall have executed the Office of an Examiner in Chief of the said Court of Chancery in Ireland for the Term of Twenty a Year Irish Years, or who shall after his Appointment to such Office have Currency, become afflicted with any permanent Infirmity, disabling him from the due Execution of his said Office, and who shall be desirous of resigning such Office, and shall accordingly resign the same, an Annuity or yearly Sum, not exceeding the said Sum of Three hundred Pounds Irish Currency, during his natural Life, in which said Letters Patent the Cause or Ground for making thereof shall be distinctly stated and specified, and which said Annuity or yearly Sum so granted shall be paid accordingly out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, by even and Quarterly Payments, on every Fifth Day of January, Fifth Day of April, Fifth Day of July and Tenth Day of October in every Year, from the Period of such Resignation, without any without DeDeduction for Fees or Poundage, the First Payment thereof to be duction. apportioned from the Day of such Resignation to the next ensuing Quarter Day. IV. Provided always, That Thomas Quinan Esquire, one of the present Examiners in Chief, shall not be deemed entitled to have such Annuity granted to him, if upon his Resignation he shall proceed to make Sale of his said Office, under the Provision contained in an Act made in the Forty ninth Year of the Reign of His late Majesty King George the Third, intituled An Act for the further Prevention of the Sale and Brokerage of Offices; and it is hereby enacted and declared, that the Right of Election to make such Sale, under the Provision of the said last mentioned Act, or to take and accept the Grant of such Annuity as aforesaid, under the Provision of this Act, shall be in the said Thomas Quinar. V. Provided always, and be it further enacted, That whenever any Person holding or who shall hold or shall have held the Office of Examiner in Chief of the Court of Chancery in Ireland, shall during the Course of any Quarter resign or quit his said Office or shall die, then the Person so resigning or quitting, or the Executors or Administrators of such Person so dying (as the Case may be) shall be entitled to such proportionate Part of such Salary or Allowance as shall have accrued during such Part of the said Quarter as such Person shall have executed the said Office, or shall have been entitled to receive any such Salary or Allowance; and every Examiner in Chief who shall be appointed on the Vacancy of any such Office, shall on the Quarter Day next after his Appointment be entitled to have and receive out of the Consolidated Fund such Proportion of such Salary or Allowance as shall Proviso for T. Quinan, One of the Chief Examiners, selling his Office, under 49 G.3. c.126. Proportion of Chief Ex- * Proviso for aminers previ- Further Allowance of 2001. a Year Irish Cur- apart by 4 G.4. the said Act, to commence from 3d Nov. 1823. have arisen and become due and payable to such Officer from the Date of his Appointment to his said Office. VI. Provided also, and be it enacted, That nothing in this Act or in the said recited Act of the Fourth Year of His present Majesty's Reign, shall be construed, deemed or taken to prevent the Chief Examiners of the said Court of Chancery or either of them, or his or their Deputy or Deputies, from claiming, taking or receiving or recovering all such Fees as shall be legally and bond fide due to such Chief Examiner or his Deputy, for any Business done or for any Service performed in the Execution of the Duty of his or their respective Offices, at any Time previous to the Commencement of the said recited Act, according to the Rate of Fees lawfully payable to such Examiners previous to the Cómmencement of the said recited Act. • VII. And Whereas the present Two Examiners in Chief of the said Court of Chancery had purchased their Offices, as they lawfully might do at the Time of their being appointed to such Offices, and have relinquished lucrative Professions to attend to 'the Duties of the said Offices, and have suffered a considerable • Diminution in their Income in consequence of the Provisions • of the said recited Act of the Fourth Year of His present Majesty's Reign; and inasmuch as from want of suffiicent Books or Vouchers or other Evidence, they cannot proceed with Effect to ascertain their Title to any Compensation, according to the Regulations and Provisions of the said recited Act; and inasmuch as there are no other Officers of the same Class, according to whose annual Income the Amount of Compensation to the said < Examiners in Chief could be certified, pursuant to the Provisions of the said recited Act: And Whereas the Lord Chancellor of Ireland, who under the said Act would have been required to certify the Amount of the said Compensation for the said Examiners, has recommended it as just and proper that the said • Thomas Quinan and Thomas Fenton, the said present Examiners, should, under the Circumstances aforesaid, receive as a Compen'sation for such Losses during their respective Lives, the further ' annual Sum of Two hundred Pounds each Irish Currency, and that such Compensation or annual Sum should commence and be payable from the Third Day of November. One thousand eight hundred and twenty three;' Be it therefore enacted, That each of them the said Two Examiners in Chief, namely, the said Thomas Quinan and Thomas Fenton, shall, out of the Sum of Ten thousand Pounds provided by the said recited Act as a Fund to compensate the several Officers of the Court of Chancery, receive and be paid the clear annual Sum of Two hundred Pounds Irish Currency respectively, over and above all Taxes, Charges and Deductions whatsoever, for and during their respective natural Lives, and to be in lieu and full Satisfaction of all Losses and Diminution of Income which they have respectively sustained or may or shall respectively sustain by the Provisions of the said recited Act, and that the said respective annual Sums of Two hundred Pounds shall be payable quarterly upon the Fifth Day of January, the Fifth Day of April, the Fifth Day of July and the Tenth Day of October in every Year, and to commence from the Third Day of November One thousand eight hundred and twenty three three, and that the said Thomas Quinan and the said Thomas Fenton shall receive the Arrears of the said annual Sums from the said Third Day of November One thousand eight hundred and twenty three up to the Fifth Day of April One thousand eight hundred and twenty five, within One Calendar Month next after the passing of this Act, and shall receive the first Quarterly Payment of such annual Sums on the Fifth Day of July One thousand eight hundred and twenty five: Provided always, that the Proportion only of the said respective Sums shall be payable for the Space of Time from the said Third Day of November One thousand eight hundred and twenty three up to the Fifth Day of January One thousand eight hundred and twenty four. 2. • VIII. And Whereas by the said recited Act passed in the 4 G.4. c.61. 'Fourth Year of His present Majesty's Reign, certain Provisions § 60. are made for Compensation with Reference to certain General Orders proposed to be adopted by the Lord Chancellor and 'Master of the Rolls, in Manner therein mentioned: And Whereas it is by the said recited Act, among other Things, provided and enacted, that the Lord Chancellor, Lord Keeper or Com'missioners for the Custody of the Great Seal of Ireland for the 'Time being, shall from time to time have Power, by Orders of 'the said Court of Chancery, to decrease, increase or abolish any ' of the Fees in the said Act, mentioned, and to direct, and authorize the Payment of new or additional Fees in Manner therein provided: And Whereas it is also by the said Act provided and enacted, that the Lord Chancellor, Lord Keeper or Commis'sioners for the Custody of the Great Seal for the Time being, should have Power, by Orders of the said Court of Chancery, to alter or discharge any Course of Proceeding in Suits, or to direct such Process to issue, and in such Manner and Course in such Suits as shall to them seem fitting and expedient, as if the 'said recited Act had not passed: And Whereas Doubts may Doubts in the arise upon the Construction of the said Act, whether the Master Construction ' of the Rolls for the Time being should join in such future Ge- thereof. 'neral Orders of the said Court for executing the said Two last 6 $3. Rolls as to ders, &c. General Or Exceptions. ' mentioned Provisions of the said Act:' For the obviating such Doubts, be it therefore enacted, That nothing in the said recited Proviso for Act contained shall be deemed, construed or taken in any Manner Authority of to abridge, prejudice, take away or affect such Rights, Jurisdic- Master of the tions or Authorities as appertained or belonged in any Manner to the said Office of Master of the Rolls previous to the passing of the said recited Act, in relation to such future General Orders, or in relation to any other Matter or Thing whatsoever, to which such Rights, Jurisdictions or Authorities relate or appertain, save and except so far as the said recited Act repeals or abolishes a Salary theretofore charged on the Civil List and Consolidated Fund, for the said Office, and the Receipt of any Fees or pecuniary Profits in relation to the said Office, and as Substitutes for the same the annual Salary of Four thousand three hundred Pounds payable as therein provided. IX. And Whereas it is expedient to make more effectual Pro'vision for the ascertaining the Income of certain Officers of the 'said Court of Chancery, and the Deficiencies arising from any of the Provisions of the said recited Act of the Fourth Year of His present ، Lord Chan into annual Income of existing Officers, and Deficiency therein, arising from 4 G. 4. c.61. present Majesty's Reign, and for the making Compensation for such Deficiencies;' Be it therefore enacted, That at any Time cellor to inquire within Twelve Calendar Months next after the passing of this Act, it shall and may be lawful to and for the Lord Chancellor of Ireland, or the Lord Keeper or Commissioners for the Custody of the Great Seal of Ireland for the Time being, to ascertain, in like Manner as in other Cases is provided by the said Act, the Amount of the Gross and Net Income in the Office of each and every of the Officers and Deputies of the said Court, who were such Officers or Deputies at the Time of the passing of the said Act, and who by Petition shall have desired or may desire the same, for the Year commencing on the First Day of Michaelmas Term One thousand eight hundred and twenty three, including in such Income all and every Salary and Emolument arising from such Office for and during the said Year; and if the said Gross Income shall be less than the average Gross Income in the Office of any such Officer or Deputy, certified in Manner as by the said Act is required, then to inquire and ascertain in like Manner whether such Deficiency, or any and what Part thereof, arose from the said recited Act, or from any of the Provisions contained therein, or in any General Orders of the Lord Chancellor and the Master of the Rolls; and in case it shall appear that such Deficiency, or any Part thereof, did so arise, then to certify the Amount of such Deficiency so arising from the said Act, or any of the Provisions thereof, or the said Orders; and so after the End of every succeeding Year, beginning on the First Day of Michaelmas Term, to inquire and certify in like Manner, so long as any of the said Officers or Deputies shall live, and retain their said Offices respectively and every such Certificate shall be filed in Manner required by the said Act in the Auditor General's Office, and shall be conclusive as to the said Matter; and it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland to order that a Sum equal to the Amount of such Deficiency, or such Proportion thereof as such Lord Lieutenant or other Chief Governor or Governors of Ireland shall think proper, shall from time to time be paid out of the Consolidated Fund, in full Compensation for such Deficiency, in Manner and under the Provisions and Restrictions contained in the said recited Act. Deficiency to be certified. Lord Lieute nant may order Deficiency to be paid. Return of Certificates and Orders as to Deficiencies and Compensations to be laid before Parliament before issuing Amount out of Consolidated X. And be it further enacted, That a Return of all Sums whatever which shall be certified under the said recited Act or this Act, as Deficiencies arising in consequence of the said recited Act or of the Regulations and Orders of the Court of Chancery, together with the Copies of all Certificates relating thereto, whether for Compensation or for Allowances for additional Clerks, filed in the Office of the Auditor General, under the said recited Act or this Act, and the Orders of the Lord Lieutenant or other Chief Governor or Governors of Ireland made thereon, shall be laid before both Houses of Parliament within One Calendar Month after the Commencement of the Session of Parliament next ensuing the making of any such Order by the Lord Lieutenant or other Chief Governor as aforesaid, in Cases where such Order of the Lord Lieutenant or other Chief Governor or Governors shall be made at any Time while Parliament shall not be sitting; and in Case any such Order shall be made at any Time during the Sitting |