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Disagreement with the Commons, to leave out the Word (" Agents)
and insert ("Commissioners ")

The Lords also propose to amend Clause (A.), added by the
Commons to the said Bill, as follows:

Line 12. Leave out (" Agents") and insert (" Commissioners")

The Lords propose the Two last Amendments as consequential upon the First Amendment made by the Commons in Page 1. Line 8.

The Lords disagree to the Amendment made by the Commons in
Page 2. Line 1. as previously mentioned, for the same Reason as that
assigned for the Disagreement of the Lords to the Amendment in
Page 1. Lines 14. and 15.

With the preceding Exceptions, the Lords agree to the whole of the Amendments made by the Commons to the said Bill.

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A

BILL

FOR

Making further Provision for the Execution of the Office of Examiner of the High Court of Chancery.

[Note.-The Words printed in Italics are proposed to be inserted in Committee.]

W

HEREAS by an Act passed in the Fiftieth Year of the Preamble.
Reign of His late Majesty King George the Third, 50G.3.c.164.
Chapter One hundred and sixty-four, it was amongst

c. 86.

other things enacted, that the Persons to be in future appointed to 5 the Office of Examiners of the High Court of Chancery should take and subscribe in open Court the usual Oaths of Supremacy and Abjuration, and also an Oath to the Purport or Effect therein set forth: And whereas by an Act passed in the Session of Parliament 15 & 16 Vict. held in the Fifteenth and Sixteenth Years of the Reign of Her 10 present Majesty, Chapter Eighty-six, it was enacted, that the Mode of examining Witnesses in Causes in the said Court, and the Practice of the said Court in relation thereto, so far as such Practice should be inconsistent with the Mode therein-after prescribed by examining Witnesses, should be abolished, and that the Evidence of Witnesses 15 to be adduced in Causes depending in the said Court might be taken orally, and that such oral Examination should take place in the Presence of the Parties, their Counsel, Solicitors, or Agents, and that the Witnesses so to be examined should be subject to Cross126. examination

The Oath to

be taken by

Examiners appointed since the passing of 15 & 16 Vict.

c. 86.

Qualification.

Payment of
Salaries and
retiring
Pensions.

examination and Re-examination, as therein directed: And whereas, by reason of the Alterations in the Practice of taking the Examination and Depositions of Witnesses established by the said last-recited Act, it is expedient that the Oath to be taken by the future Examiners of the said Court should be altered: Be it therefore enacted 5 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

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I. From and after the passing of this Act every Examiner now 10
and hereafter to be appointed shall and he is hereby required to
take and subscribe in open Court, after the Oaths of Supremacy and
Abjuration, instead of the Oath provided by the said first-recited Act,
an Oath to the Purport or Effect following; (that is to say,)

'I A.B. do swear, That I will, according to the best of my Skill 15
and Ability, truly and faithfully exercise and discharge the
'Office of an Examiner of the High Court of Chancery, whereunto
'I am now admitted, and truly, faithfully, and without Partiality to
any or either of the Parties in the respective Causes take the

• Examinations and Depositions of all Witnesses examined before me, 20
'pursuant to and in conformity with the Rules and Regulations of
the High Court of Chancery, now in force or hereafter to be
provided for the Examination of Witnesses in Causes and other
Proceedings depending in said Court.

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'So help me GOD.' 25

II. Any Person to be hereafter appointed to the Office of Examiner of the High Court of Chancery shall be a practising Barrister in some or One of the Courts of Law or Equity of not less than standing in the Profession.

Years

III. And whereas by the said last-recited Act, Section Sixty-five, 30 Provision was made for the Payment of the Salaries of the Examiners of the said Court, and for their retiring Pensions, and Doubts have arisen respecting the Construction thereof, and it is expedient that such Doubts should be removed, and the Payment of the Salaries and retiring Pensions of Examiners appointed after the passing of the said 35 Act provided for: Be it therefore enacted, That it shall be lawful for the Lord Chancellor and he is hereby empowered to order and direct to be paid to each and every Examiner of the High Court of Chancery appointed since the passing of the above-recited Act, or hereafter to be appointed, out of the Fund entitled "The Suitors Fee Fund," 40 the annual Sum of in lieu and instead of the Sums now payable under the several Acts of Parliament now in force relating to

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the Salaries of the Examiners of the said Court, such Salary to commence and be payable from the Death, Resignation, or Removal of the Predecessor in Office of the Examiner so appointed or to be appointed; and that it shall be lawful for the Lord Chancellor to order to be paid 5 to every such Examiner, out of the above Funds, an Annuity not exceeding Three Fourths of the above-mentioned Sum, to commence and take effect immediately after the Period when such Examiner shall resign or vacate his Office, and to continue during the Period of his natural Life: Provided always, that no Annuity granted to any Person 10 having executed the Office of Examiner shall be valid unless such Person shall have held such Office for a Period of Fifteen Years, or unless the Lord Chancellor shall be satisfied by Evidence to be laid before him that such Person is afflicted with some permanent Infirmity disabling him from the due Execution thereof: Provided also, 15 that if at any Time after such Resignation or Vacation as aforesaid any of the said Examiners shall be appointed to and shall accept any Office or Employment connected with any Court of Law or Equity, or under the Crown, or in any public Department under the Crown, and if the Salary attached to such Office or Employment, or any 20 retiring Pension or Allowance in respect thereof, shall equal or exceed in Amount the retiring Pension payable under this Act, such lastmentioned retiring Pension shall, during the Continuance of such Examiner in such Office or Employment, or so long as he shall be in the Receipt of any retiring Pension or Allowance in respect thereof 25 equal to or greater than his retiring Pension under this Act, cease to be payable to such Examiner; and if the Salary attached to such Office, or the retiring Pension in lieu thereof, shall be less than the Amount of such Examiner's retiring Pension under this Act, such retiring Pension under this Act shall be reduced by the Amount of 30 such Salary, or of such retiring Pension or Allowance, as the Case may be.

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