Fee Fund formed under

8 Vict. c. 21.

to be the Fee

Fund under this Act.

Clerks disqualified from acting as Attorneys in certain Cases.

House, or at the Town Hall in Salford aforesaid, in pursuance of this Act.

XXIX. And whereas under the Authority of the fourthrecited Act a Fund was formed called "The Fee Fund of the Justices for the Division of Manchester," applicable to the Payment of the Salaries and other Expenses by that Act authorized to be paid thereout, and there are now divers • Monies standing to the Credit of and composing the same, and it is desirable that the said Fund should be made applicable to the Purposes of this Act:' Be it enacted, That the said Fund and all Monies and Securities for Money belonging to or composing the same, shall, upon the passing of this Act, become and be "The Fee Fund of the Justices for the Division of Manchester," under the Authority of this Act, and that the Person who at the Time of the passing of this Act is the Treasurer of the said Fee Fund formed under the Authority of the said fourth-recited Act, shall be and is hereby appointed the First Treasurer of the Fee Fund of the Justices for the Division of Manchester under the Authority of this Act, and all and every Securities and Security given by him, or by any Person or Persons on his Behalf, under the said fourth-recited Act, shall enure and be as good and valid Securities and Security under the Authority of this Act as the same respectively would be if they and it had been given under the Provision for taking Security in this Act contained.

XXX. No Clerk or Clerks appointed or to be appointed under this Act shall, except as herein-after provided, during the Continuance of his or their Office, or within Six Calendar Months after he or they shall have resigned or shall have been removed from such Office, be concerned, either by himself or themselves or any Partners, or in any Manner, directly or indirectly, as an Attorney or Attorneys or Agent or Agents in any Matter brought or to be brought before the Justice whose Clerk or Clerks he or they is or shall have been, or in any Prosecution at any Court of Sessions of the Peace, or at any Assizes, or before any Court of Oyer and Terminer and Gaol Delivery, arising out of or consequent upon any Proceeding before the Justice whose Clerk he or they is or are or shall have been; and any Clerk who shall offend against this Enactinent shall for every such Offence forfeit the Sum of Fifty Pounds, to be recovered, together with Costs of Suit, by any Person who shall sue for the same, by Action of Debt in any of Her Majesty's Superior Courts of Law, to be commenced within Six Calendar Months next after the Commission of any such Offence; but nothing herein contained shall subject any such Clerk or Clerks to any Penalty for any Act done by him or them in the Discharge of his or their official Duty as such Clerk or Clerks: Provided always, that the Clerk or Clerks for Borough Business, Prosecution of being paid by a fixed Salary in lieu of Fees and other Emoluments as aforesaid, as well for conducting the Prosecution of Offences committed within the said Municipal Borough of Salford

Clerk for

Borough Busi

Borough
Offences.

as

as for his or their Services as such Clerk or Clerks, may and shall and is or are hereby required to conduct all Prosecutions at the General Quarter Sessions of the Peace, or any adjourned Sessions thereof, or at any Assizes, or before any Court of Oyer and Terminer and Gaol Delivery, for any Offences committed within the Limits of the Municipal Borough of Salford, and shall and he or they is and are hereby required to account for and pay over all Fees and Emoluments arising from such Prosecution, or received by him or them on account thereof, to the Treasurer of the said Municipal Borough, in aid of the Borough Fund, which Fees and Emoluments the said Clerk or Clerks is or are hereby authorized and required to receive: Provided also, that the said Clerk or Clerks shall be entitled to receive from the said Borough Fund the Sum of Two Guineas per Day for every Day during which he or they shall be necessarily attending at the said Assizes, or before any Court of Oyer, Terminer, and Gaol Delivery as aforesaid, for the Purpose of conducting the Prosecution of any such Offence as last herein-before mentioned, and also the Sum of One Guinea per Day for every Day during which he or they shall be necessarily attending any Court of Quarter Sessions of the Peace, or any intermediate adjourned Sessions held at the New Bailey Court House in Salford aforesaid, for the Purpose of conducting the Prosecution of any Offence as hereinbefore is mentioned, which said Sums the Treasurer of the said Borough for the Time being is hereby authorized and required to pay.

XXXI. And for the better providing for and securing the Justices to Payment of the several Salaries, Charges, and Expenses payable make Rates under this Act, it shall be lawful for the Justices of the Peace of Salaries, for Payment acting in and for the said County of Lancaster at any General &c., under Quarter Sessions of the Peace holden by Adjournment within this Act. the Hundred of Salford aforesaid, and they are hereby required, from Time to Time to make a Rate (not exceeding the Amount herein-after limited) on all the rateable Property within the said Division of Manchester, except such as is within the Municipal Boroughs of Salford or Stockport, for the Purpose of raising so much Money, which, together with the Fee Fund by this Act authorized to be raised and maintained, (the Amount or probable Amount of which shall from Time to Time be ascertained or estimated by the said Justices as correctly as may be,) shall be sufficient for the Payment of the said several Salaries, Charges, and Expenses herein mentioned, such Rate to be made in the same Manner as is now by Law directed, authorized, or practised for making County Rates.

of rateable

XXXII. The annual Value of the rateable Property herein- Mode by before authorized to be rated, as such Value shall have been or which Value from Time to Time may be ascertained and determined for the Property Purpose of assessing the County Rate upon the same Property, may be ascermay be from Time to Time adopted and taken by the said tained. Justices as the Basis of any Assessment and Rating to be made

Powers of

Acts relating to County Rates made applicable

to this Act.

Overseers of the Poor to levy Rates.

by them for the Purposes of this Act as aforesaid, without any separate or other Valuation of such Property or any Part thereof being made or required.

XXXIII. All and every the Powers, Authorities, Provisions, Clauses, and Regulations given or contained by or in any Acts of Parliament now subsisting and in force for` or relating to the making, assessing, collecting, levying, paying, or enforcing of County Rates in England, shall, so far as the Nature of the Case will admit, and except as is herein otherwise specially provided, be deemed and taken to apply to the said Rate so by this Act directed or authorized to be made as aforesaid, as if the same Powers, Authorities, Provisions, Clauses, and Regulations were here severally repeated and re-enacted with reference to such last-mentioned Rate, and in the same Manner and as fully and effectually in all respects as if such Rate respectively were a County Rate assessed or to be assessed upon the said rateable Property' herein-before made liable to be rated as aforesaid: Provided always, that the Sum to be raised by any Rate under the Authority of this Act as aforesaid shall not in any One Year exceed the Sum of One Penny in the Pound upon the annual Value of the rateable Property hereby made liable to be rated as aforesaid.

XXXIV. The Overseers of the Poor of the several Townships or Places in which is situate any Property liable to the Payment of any Rate to be made under the Authority of this Act as aforesaid, and as regards such Portion of the said Township of Heaton Norris as is not included in the said Municipal Borough of Stockport the Overseers of the Poor of the same Townships or Places respectively, or other the Persons whose Duty it shall be to collect and levy such Rate, shall, within the Time limited or specified for that Purpose in and by an Order to be made on that Behalf by the Justices who shall make such Rate as aforesaid, which Order shall of itself, and without any other Precept or Warrant whatsoever, be a sufficient Authority for the levying of the said Rate to every Person hereby empowered to levy the same, levy and collect such Rate, and pay the Amount thereof into the Hands of the Treasurer for the Time being of the said Fee Fund hereby authorized to be raised and maintained, or if there be no such Treasurer, into the Hands of the Clerk for Divisional Business, who shall carry the same to the Account of the same Fee Fund as aforesaid, and the same, together with the said Fees and other Monies to be from Time to Time received by the said Treasurer or Clerk for Divisional Business as aforesaid, shall constitute the aggregate Fund applicable for the Payment of the said several Salaries and other Charges and Payments by this Act directed or authorized to be paid thereout; and in case any such Overseers of the Poor or other Persons whose Duty it shall be to collect or levy any such Rate as aforesaid shall neglect, make default, or refuse to pay the Amount of such Rate so by them collected or levied within the Time limited or specified

for

for that Purpose as aforesaid to the said Treasurer or Clerk hereby appointed and authorized to receive the same as aforesaid, it shall and may be lawful for any Justice of the Peace of the said County of Lancaster, upon Complaint thereof made by such Treasurer or Clerk as aforesaid, to levy by Distress and Sale of the Offender's Goods the said Amount, together with all Costs of such Distress and Sale.

XXXV. All Forfeitures and Penalties to be inflicted or Application recoverable under or by virtue of any of the statutable Powers of Penalties. or Provisions hereby extended or made applicable to any Rate hereby directed to be made and levied as aforesaid in respect of any such Rate, or any Proceeding relating thereunto, shall, when recovered, be paid to the said Treasurer for the Time being of the Fee Fund hereby authorized to be maintained, or to the Clerk for Divisional Business, if there shall be no such Treasurer, and shall be by him carried to the Account of the said General Fee Fund hereby authorized to be raised and maintained, and be applied as Part thereof.

of Monies

XXXVI. It shall be lawful for the Chancellor and Council Application of the Duchy of Lancaster for the Time being, and they are received for hereby required, from Time to Time to make Orders upon the estreated ReReceiver General of the said Duchy to pay over the Amount cognizances. of Monies (not exceeding the Sum of Eight hundred and forty Pounds in any One Year) which shall or may be hereafter levied or received to Her Majesty's Use upon or by reason of Recognizances taken and estreated in the said County Palatine of Lancaster, to the Treasurer for the Time being of the Fee Fund hereby authorized to be raised and maintained, or, if there shall be no such Treasurer, to the Clerk for Divisional Business, the same to be by such Treasurer or Clerk carried to the Account and to be applied in aid and as Part of the same General Fee Fund as aforesaid, anything in an Act passed in the First Year of the Reign of Queen Anne, intituled An 1 Anne, c. 7. Act for the better Support of Her Majesty's Household, and of the Honour and Dignity of the Crown, or any other Law or Statute, to the contrary notwithstanding: Provided always, that nothing herein contained shall control or abridge the Powers of the said Chancellor and Council to relieve and mitigate estreated Recognizances and Levies made therein in certain Cases of Hardship and Distress, as they are used to do.

pay to Trea

Monies re

XXXVII. The Treasurer of the said Fee Fund, or, if Treasurer of there shall be no such Treasurer, the Clerk for Divisional Fee Fund to Business, shall from Time to Time duly account with and pay surer of over to the Treasurer of the said Borough of Salford, to be Borough a placed by him to the Account of the said Mayor, Aldermen, and Moiety of Burgesses, and their Successors, One Moiety or Half Part of ceived for all Monies received by the Treasurer of the said Fee Fund or Forfeitures, &c. Clerk for Divisional Business for Forfeitures and Penalties and estreated Recognizances, and directed to be carried to the Account of the said General Fee Fund under the Provisions herein-before contained..

Constables

to take Recognizances, &c.

Notice of
Meetings of
Justices.

Notice of
Action.

Saving the Rights of the Corporation of Stockport and the Borough Justices.

For Payment of Expenses

of this Act.

XXXVIII. And for the better Administration of the Police within the said Division of Manchester it shall and may be lawful for the Constables acting in and for the said Townships comprising the said Division of Manchester respectively, or any One of them, or their respective Deputy Constables, on having an Appointment in Writing from their respective principal Constables for that Purpose, to take Recognizances, without any Fee or Reward, from all or any Person or Persons who shall be brought before them or any of them, in the Nighttime, on any Charge not amounting to Felony, for the Appearance of such Persons or Person for Examination before the Stipendiary Justice or any other Justice of the Peace for the said County Palatine within the Space of Two Days then next, and that such Recognizances so to be taken as aforesaid shall be of equal Obligation to the Parties entering into the same, and liable to the same Proceedings for the estreating thereof, as if the same had been taken before any of Her Majesty's Justices of the Peace.

XXXIX. Of every Meeting of Justices to be holden under the Provisions or for the Purposes of this Act Notice in Writing shall be given, either through the Post or otherwise, to every Justice having Authority to attend such Meeting, Ten Days at least before the same shall be held, which Notice shall state the Time and Place for the holding of such Meeting, and the Purposes for which the same is to be held, and it shall not be competent at any such Meeting to entertain any Question or do any Act not mentioned in such Notice.

XL. No Action shall be commenced against any Persons for any Act done or purporting to be done under the Authority of this Act until One Month at least after a Notice in Writing of such intended Action shall have been delivered to such Person, or left for him at his usual Place of Abode, by the Party intending to commence such Action, or by his Attorney or Agent, in which said Notice the Cause of Action, and the Court in which the same is intended to be brought, shall be clearly and explicitly stated, and upon the Back thereof shall be endorsed the Name and Place of Abode of the Party so intending to sue, and also the Name and Place of Abode or of Business of the said Attorney or Agent, if such Notice have been served by such Attorney or Agent.

XLI. Provided always, That nothing in this Act shall extend or be construed to extend to or interfere with the Rights or lessen or prejudice the Privileges, Powers, or Authorities of the Mayor, Aldermen, and Burgesses of the said Borough of Stockport, or of the Justices of the said Borough of Stockport, or of the Clerk or Clerks of the said Justices, in reference to anything to be done or transacted in the said Borough in and for Matters arising within the said Borough of Stockport.

XLII. The Costs, Charges, and Expenses of or incident to the soliciting, obtaining, and passing this Act, incurred or to be incurred under the Order and Authority of the Council of the

Municipal