Queen's Remembrancer Act 1859
| Jurisdiction | UK Non-devolved |
(22 & 23 Vict.) C A P. XXI.
[13th August 1859]
'WHEREAS an Act was passed in the Session holden in the Fifth and Sixth Years of Her Majesty, Chapter Eighty-six, ‘for abolishing certain Offices on the Revenue Side of the Court of Exchequer inEngland , and for regulating the Office of Her Majesty's Remembrancer in that Court:’ And whereas the Office of the said Remembrancer may be conveniently held and the Duties thereof performed by One of the Masters of the said Court, and the Commissioners of Her Majesty's Treasury have, upon the Retirement of Henry William Vincent Esquire, appointed William Henry Walton Esquire, One of the said Masters, to the said Office of Remembrancer: And whereas it is expedient further to regulate the said Office, and to make other Provision in relation thereto, and to the Procedure on the Revenue Side of the said Court:' Be it 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, as follows:
I Appointment of Queen's Remembrancer.
I. The said Appointment of the saidWilliam Henry Walton shall be confirmed, and he may continue to hold the Office of Her Majesty's Remembrancer during good Behaviour, together with the Office of Master; and upon any Vacancy in the said Office of Remembrancer it shall be lawful for the Commissioners of Her Majesty's Treasury to appoint from Time to Time One of the Masters of the Court of Exchequer to be such Remembrancer, and such Master shall hold such Office together with the Office of Master: Provided, that in the Absence of the Remembrancer from Illness or other Cause the Senior Master for the Time being in attendance may perform the Duties of the Office of Remembrancer.
II The Treasury to regulate Establishment and to fix Salaries.
II. It shall be lawful for the Commissioners of Her Majesty's Treasury, with the Consent of the Lord Chief Baron of the Court of Exchequer, as soon as conveniently may be after the passing of this Act, to reduce or regulate the Establishment under Her Majesty's Remembrancer, and to fix or alter the Salaries of the Remembrancer and the Clerks and other Persons employed in such Establishment, and from Time to Time, and with the like Consent, further to regulate or alter such Establishment and Salaries as Occasion may require.
III Power to the Treasury to award Compensation.
III. Any Officer or other Person who may suffer Loss through the Reduction or Regulation of such Establishment may make a Claim for Compensation to the Commissioners of Her Majesty's Treasury; and the said Commissioners, if such Claim be established to their Satisfaction, shall award to the Claimant such Compensation as under the Circumstances of the Case they think him entitled to, either by a gross Sum or by way of Annuity.
IV Salaries and Expenses of Office to be paid out of the Fees.
IV. The Salaries and Compensation Allowances payable under this Act, together with the necessary Expenses of the Office of the Remembrancer, shall be paid out of the Fees received in the said Office; and the Surplus of such Fees, after the Payment of such Salaries, Allowances, and Expenses, shall be paid into the Receipt of the Exchequer, to the Credit of the Consolidated Fund of the United Kingdom; and in the event of the Fees so received being at any Time insufficient to defray the said Salaries, Allowances, and Expenses, the Amount of such Deficiency shall be paid out of the Superior Courts Fee Fund, and, in case of a Deficiency in such Fund, out of such Monies as shall be provided by Parliament for that Purpose.
V & 6 Vict. c. 86. as to Fees to continue in force.
V. The Provisions of the said Act of the Fifth and Sixth Years of Her Majesty concerning the fixing and altering of Fees from Time to Time, and Accounts of Fees and otherwise, shall continue in force, subject to the Provisions of this Act.
VI Enrolment of Accounts under 1 & 2 G. 4. c. 121. to be in Discretion of Commissioners of Audit.
VI. No Account shall be transmitted to the Office of Her Majesty's Remembrancer or be there enrolled as of Record, pursuant to Section Seven of the Act of the Session holden in the First and Second Years of KingGeorge the Fourth, Chapter One hundred and twenty-one, except where the Commissioners for auditing the Public Accounts, in the Exercise of their Discretion, deem it expedient for the Public Service that such Account should be so enrolled for enabling the Recovery of any Balance or Interest due or to become due thereon.
VII So much of 7 Ann. c. 20. as makes the Remembrancer One of the Registers, &c. repealed.
VII. So much of the Act of the Seventh Year of QueenAnne , Chapter Twenty, as makes the Queen's Remembrancer or his Deputy in the Court of Exchequer One of the Registers or Masters of the Office for the Matters and Things in that Act contained, shall be repealed, and the Registers or Masters of such Office shall account for and pay over to the said Remembrancer such Portion of the Monies received under that Act, after Payment thereout of such Sum or Sums as may be payable in respect of the Allowance or Allowances to their Deputy or Deputies, as would have been payable to Her Majesty's Remembrancer if he had continued to be One of the said Registers or Masters, and the Monies so received by such Remembrancer shall be applied and accounted for in all respects as other Fees received in respect of his Office.
VIII Compensation Monies for Land under 5 & 6 Vict. c. 94. and 16 & 17 Vict. c. 107. to be paid into the Court of Chancery instead of to the Queen's Remembrancer.
VIII. Any Money which under the Act of the Session holden in the Fifth and Sixth Years of Her Majesty, Chapter Ninety-four, ‘to consolidate and amend the Laws relating to the Services of the Ordnance Department, and the vesting and Purchase of Lands and Hereditaments for those Services, and for the Defence and Security of the Realm,’ is required or authorized to be paid into the Hands or in the Name of the Remembrancer or other proper Officer of Her Majesty's Court of Exchequer atWestminster , or which under the Act of the Session holden in the Sixteenth and Seventeenth Years of Her Majesty, Chapter One hundred and seven, ‘The Customs Consolidation Act, 1853,’ is required or authorized to be paid to the proper Officer of the Court of Exchequer at Westminster , shall in lieu of being paid as aforesaid be paid into the Bank of England in the Name and with the Privity of the Accountant General of the Court of Chancery, to be placed to his Account there in the Matter of the particular Act to the Credit of the Persons claiming to be interested therein (naming them), pursuant to the Method prescribed by any Act in force at the Time being for regulating the Payment of Monies into the said Court; and upon the filing in the Court of Chancery of the Certificate of such Accountant General, with the Receipt annexed, of the Payment into his Name as aforesaid of any such Money, the Hereditaments in respect whereof the same is paid shall become vested in the like Persons and in the like Manner and for the like Purposes as if such Money had been paid in manner provided by the said Acts of the Fifth and Sixth and Sixteenth and Seventeenth Years of Her Majesty respectively, and this Act had not been passed; and the Court of Chancery shall have the like Powers in relation to such Money as by the said Acts are given to the Barons of the Court of Exchequer, and the Provisions of the said Acts in relation to such Money shall be read and construed as referring to the Court of Chancery and the said Accountant General in the place of the Court of Exchequer and the said Remembrancer.
IX Sect. 222 of 15 & 16 Vict. c. 76. extended to Suits, &c.
IX. Section 222 of the ‘Common Law Procedure Act, 1852,’ for the Amendment of Defects and Errors in any Proceeding in Civil Causes, and concerning the Costs and Terms of such Amendment, shall extend to all Suits and Proceedings on the Revenue Side of the Court of Exchequer.
X Special Case may be stated by Consent of Parties and Order of a Judge.
X. In any Suit or Proceeding on the Revenue Side of the Court of Exchequer, the Parties may, at any Time before Judgment, by Consent, and Order of a Judge, state any Question or Questions of Law in a Special Case for the Opinion of the Court, without Pleadings, and upon Judgment thereon...
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