11 & 12 Vict. c. 93. • Manchester, and a salaried Police Magistrate has been appointed for the same City; and by an Act passed in the Eighth Year 7 & 8 Vict. c. 30. of the Reign of Her present Majesty, intituled An Act to alter and amend an Act of the Fifty-third Year of King George the Third, for the Appointment of a Stipendiary Magistrate to act within the Townships of Manchester and Salford, all the Powers and Provisions of the said recited Act of the Fifty-third Year ' of King George the Third, so far as they authorized or required 'the Payment by the said Township of Manchester of any Part of the Salary payable to the Police Magistrate thereunder appointed, or which authorized the making or levying of any Rate within the said Township of Manchester for the Purpose of raising such Salary or any Part thereof, and also any • Provisions which directed, authorized, or required the Payment to the said Township of Manchester, or to any Person or Persons on behalf of such Township, of any Part or Portion of the Recognizances taken and estreated in the said County Palatine of Lancaster, have been repealed: And whereas since the passing of the said Act of the Fifty-third Year of "George the Third Her present Majesty has granted a Charter of Municipal Incorporation to the said Township of Salford and Part of the adjoining Township of Broughton, which lies on the South Side of the River Irwell, and which Charter was confirmed by an Act passed in the Eleventh and Twelfth Years of the Reign of Her present Majesty, intituled An 'Act to confirm the Incorporation of certain Boroughs: And 'whereas by an Act passed in the Sixteenth Year of the Reign ' of Her present Majesty, intituled An Act for the Extension of the Boundaries of the Municipal Borough of Salford, and • otherwise improving the said Borough, and for other Purposes, the Township of Pendleton, the remaining Portion of the Township of Broughton theretofore not included within the Limits of the said Municipal Borough of Salford, and that Portion of the Township of Pendlebury which is comprised 'within the Parliamentary Borough of Salford, were incorporated, and included within the Limits of the said Municipal Borough of Salford, subject, however, to a Proviso that the 'said Act should not take effect until One Third in Number of the Inhabitant Householders of the Broughton District rated in the then last Assessment to the Poor's Rate for the Township of Broughton in an Amount exceeding One Half of the entire Amount of the said Rate on the Inhabitant Householders within the Broughton District should have signified under their Hands their Assent to the Incorporation of the Broughton District with the Municipal Borough of Salford; ' and it was also provided and declared by the said Act, that a Certificate under the Hands of Two Justices acting in and for the County Palatine of Lancaster, not being Burgesses of the then existing Borough, certifying that such Assent had been obtained, should be sufficient Evidence thereof: And whereas since the passing of the last mentioned Act a Certificate has 16 Vict. c. xxxii. 'been 'been duly given under the Hands of Charles James Stanley 'Walker and James Kershaw, Esquires, being such Justices as by the said Act in that Behalf is required, certifying that 'such Assent as aforesaid had been obtained: And whereas 6 6 6 by an Act, herein-after called the fourth-recited Act, passed in the Eighth Year of the Reign of Her present Majesty, intituled An Act to amend an Act of the Fifty-third Year of 8 & 9 Vict. c. 21. George the Third, for appointing a Stipendiary Magistrate for the Townships of Manchester and Salford, and to provide a Stipendiary Magistrate for the Division of Manchester, 'Provisions were made for the Payment of a Salary to the 'Justice appointed under the herein-before first-recited Act, by Contributions payable by the Borough of Salford, and the other Townships and Places composing the Division of Manchester, and for the Appointment and Payment of Clerks to the said Justice and the other Justices, and for regulating the Place of Residence and the Times and Places for holding 'the Sittings of the said Justice: And whereas the several Townships or Places of Worsley, Barton-upon-Irwell, Clifton, Pendlebury, Pendleton, Flixton, Urmston, Blakeley, Bradford, 'Broughton, Chorlton-cum-Hardy, Crumpsall, Didsbury, Failsworth, Gorton, Harpurhey, Levenshulme, Moss Side, Moston, "Newton, Openshaw, Reddish, Rusholme, Salford, Stretford, Withington, Great Heaton, Little Heaton, Prestwich, and Heaton Norris, now compose the Division of Manchester: And whereas Henry Leigh Trafford Esquire, at the Time of the passing of this Act, is the Stipendiary Justice appointed under the first and fourth recited Acts: And whereas it is expedient that Alterations should be made in the Times and Places of the holding of the Sittings of the said Stipendiary Justice, and in the Amount of Remuneration to be paid to him and to the Clerks to the said Stipendiary Justice and the Justices for 'the said Borough of Salford, and also that Alterations should 'be made touching the Appointment, Functions, and Duties of the said Stipendiary Justice, and that the said first and fourth recited Acts should be repealed; but the same cannot be ' effected without the Authority of Parliament:' May it therefore please Your Majesty that it may be enacted; and 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; (that is to say,) I. In citing this Act for any Purpose it shall be sufficient Short Title of to use the Expression, "The Manchester Division Stipendiary Act. Justice Act, 1854." Clause. II. That in this Act, and in any Act or Part or Parts of an Interpretation Act incorporated herewith, and in all Appointments, Warrants, Orders, Convictions, Recognizances, Commitments, Judgments, Certificates, Allowances, and other Documents whatsoever made under the Provisions of this Act, the Words, Expressions, and Phrases respectively following shall be construed to have the Meanings "Stipendiary Justice." "Borough Business." "Divisional Business." "Clerk for Borough Business." "Clerk for Divisional Business." "Justices of the Division." "Division of Manchester." "Borough Justices." "Out-District Clerks." 53 G. 3. c. 72. and 8 Vict.c. 21. repealed. Her Majesty, Meanings hereby expressly assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,) 66 Stipendiary Justice" shall mean the Stipendiary Justice "Borough Business" shall mean all Business, Offences, "Clerk for Borough Business" shall mean a Clerk or Clerks "Borough Justices" shall mean Justices of the Peace of and "Out-District Clerks" shall mean Clerks to the Justices of the Peace for the County of Lancaster sitting at the Townships or Places of Worsley and Heaton Norris. III. The herein-before first-recited Act of the Fifty-third Year of the Reign of King George the Third, Chapter Seventytwo, and the herein-before fourth-recited Act of the Eighth Year of the Reign of Her present Majesty, shall be and the same respectively are hereby repealed. IV. It shall be lawful for her Majesty, Her Heirs and in right of Her Successors, in right of Her Duchy and County Palatine of Lancaster, from Time to Time as Occasion may require, by Duchy of Lan and as Stipendiary and with the Advice of Her Chancellor and Council of the caster, to apsaid Duchy for the Time being, to appoint One fit and able point a Barrister Person, who shall be of the Degree of a Barrister-at-Law, and Justice. of Four Years standing at the least, being a Justice of the Peace for the said County, to be a Stipendiary Justice, who shall execute the Office of a Justice of the Peace within the Division of Manchester, either by himself or together with such other Justice or Justices of the Peace for the said County Palatine as may think proper to attend, and also within the Borough of Salford, and who shall be therefore entitled to such Salary as is herein-after in that Behalf provided. V. The Justice continued or appointed under the Provisions Style of Stipenof this Act shall be called the Stipendiary Justice for the diary Justice. Division of Manchester and the Borough of Salford. and Clerks to VI. The Stipendiary Justice appointed and now acting under Present Stipenthe Provisions of the first and fourth recited Acts, and the Clerk diary Justice or Clerks to and other Officers and Servants of such Stipendiary continue in Justice and other Justices of the said Division and for Borough Office. Business, appointed under and by virtue of the said fourthrecited Act, shall, notwithstanding the Alterations hereby made in the Constitution and Duties of the said respective Offices continue and be the Stipendiary Justice, Clerk and Clerks, and Officers and Servants respectively under this Act, according to the Nature and Tenure of their Appointments and Employments respectively, and they shall respectively be accountable in the same Manner as if at the Time of their respective Appointments and Employments this Act had passed. VII. It shall be lawful for the Stipendiary Justice, during Stipendiary his Residence within the Limits herein-after prescribed, and Justice not whilst he continues to hold the said Office of Stipendiary Justice, for Want of incapacitated to execute the Office of a Justice of the Peace for the County of Property QualiLancaster, although such Stipendiary Justice may not be possessed fication; or entitled in Law or Equity to an Estate or Interest in Lands, Tenements or Hereditaments in England or Wales of the clear annual Value of One hundred Pounds, anything contained in any Act or Acts of Parliament to the contrary notwithstanding, provided that such Person be not disqualified by Law to act as a Justice of the Peace for any other Cause or upon any other Account than in respect of the Want of such Estate or Interest as aforesaid. House of VIII. No Stipendiary Justice shall during his continuing to Not to sit in the hold such Appointment be capable of being elected or of Commons. sitting as a Member of the House of Commons. IX. The Stipendiary Justice shall reside at some Place within His Residence. either of the Municipal Boroughs of Manchester and Salford, or elsewhere within the Division of Manchester. Town Hall and X. The Stipendiary Justice shall daily, except on Sundays, Stipendiary Christmas Day, and Good Friday, and such other Days as Justice to sit at are herein-after excepted, attend at the New Bailey Court House New Bailey, in Salford aforesaid for the Transaction and Disposal of Divisional Salford, and at Business, and shall also daily (except on Sundays, Christmas Worsley. Day, Heaton Norris. Day, and Good Friday,) attend at the Town Hall in the said Borough of Salford, for the Transaction and Disposal of Borough Business, and shall also hold a Sitting on One Day at least in every Fortnight at the Court House at Worsley, so long as the said Court House shall be allowed by the Oowner thereof to be used for that Purpose. Stipendiary XI. After proper Court Houses and other Accommodations. Justice to sit at shall have been provided for the Administration of Justice, at the Cost of the Township herein-after mentioned, then the Stipendiary Justice shall hold a Sitting on One Day at least in every Fortnight at or within the said Township of Heaton Norris: Provided always, that nothing herein contained shall limit the Right of any other Justices of the County of Lancaster to hold Sittings within the said Townships of Heaton Norris and Worsley, or either of them. For Appointment of OutDistrict Clerks. Provision for Places. XII. And whereas it is expedient that Out-District Clerks should be appointed and remunerated: Be it enacted, That it shall be lawful for the Justices of the Division, if they think fit, when and as Occasion may arise, to appoint an Out-District Clerk for each of the Townships of Worsley and Heaton Norris, with Salaries not exceeding Fifty Pounds a Year for each Clerk, which said Clerks shall respectively attend as well to the Sittings of the Stipendiary Justice as the Sittings of the Justices of the Division acting for the said Townships respe tively; and all Fees taken and received at any Sittings, as well of the Stipendiary Justice as of the Justices of the said Division, shall be brought into the Fee Fund herein-after authorized to be raised and maintained, and paid over to the Treasurer thereof, or, if there shall be no such Treasurer, to the Clerk for Divisional Business, as herein provided: Provided always, that for the Appointment or Removal of a Clerk for or from any of the said last-mentioned Places, the same Course of Proceeding shall be observed as is herein directed with respect to the Appointment or Removal, as herein-after mentioned, of the Clerk for Divisional Business. XIII. It shall be lawful for the Justices of the Division, at holding Sittings any Meeting of such Justices, if they shall think it expedient so of Stipendiary Justice in other to do, from Time to Time to appoint, and from Time to Time to suspend, alter, and discontinue, the holding by the said Stipendiary Justice of any Sitting or Sittings for and at or within any of the Townships or Places which now compose the Division of Manchester, except the Townships of Worsley and Heaton Norris, and the Townships or Parts of Townships comprised within the Municipal Borough of Salford, and the Stipendiary Justice shall accordingly from Time to Time attend and hold his Sittings at the Place or Places so from Time to Time appointed. In Absence of Justice another XIV. The Attendance of the Stipendiary Justice at the said New Bailey Court House or elsewhere as aforesaid may be supplied by any other Justice of the Peace for the said County Palatine of Lancaster, and the Attendance of the Stipendiary Justice at the Town Hall of Salford may be supplied by any Justice |