Sessions (Ireland) Act, 1851," he shall perform the several duties. imposed on him by this act in reference to his office; and every justice who shall take any information out of petty sessions is hereby required forthwith to transmit the same to the clerk of the district to which the same shall properly belong :

4. [To perform duties in person.] He shall perform the duties of his office in person, except in cases of sickness, unavoidable absence, or other emergency, when the justices at petty sessions may appoint some other person to act as clerk at such petty sessions for the time being and such substitute shall, if required by the justices, enter into surety for the due discharge of his duties in such manner as the justices shall think fit:

5. [Duty as to adjournment of court.] In case no justice shall be in attendance for one hour after the time appointed for the holding of any petty sessions, the clerk may adjourn the sessions, and the hearing of all proceedings, to the next petty sessions day; and upon such adjournment being made, he shall make an entry thereof in the minute-book, and post a notice thereof on the door of the petty sessions court-house. All persons summoned or under recognizance to attend at such adjourned sessions shall, without fresh summons or recognizance, be bound to attend on the day to which such adjournment shall have been made.

6. [Duty as to appeals.] In every case of an appeal from a summary conviction for any offence, and when the appellant shall have entered into a recognizance to prosecute such appeal, the clerk shall forthwith cause a notice of such appeal having been entered into to be served upon the complainant, who shall be the respondent, and the service shall be effected in like manner as summonses are required to be served; and by the notice the respondent shall be required to attend with the necessary witnesses on the hearing of such appeal. The stamp duty on such notice and the expenses of service shall be paid by the appellant as part of the costs of the appeal. In case any respondent shall upon being served with such notice fail to comply with the exigency thereof, he shall be liable to a fine not exceeding five pounds, or such greater sum as the appellant may have been adjudged to pay upon such conviction, to be recovered and levied upon a prosecution by the constabulary, as in other cases mentioned in the Petty Sessions (Ireland) Act, 1851. Provided always, that it shall be lawful for the justices upon the hearing

mary proceedings to any person against whom the same has been made. See sec. 19, which regulates the transmission of all informations, depositions, &c., to the clerks of the crown or peace, and the duties of the

petty sessions clerk in relation thereto. See sec. 24 as to certifying notice of appeal and the perfecting of the recognizance, as well as his duties in transmitting the recognizance to the clerk of the peace.

of such matter to remit the whole or any part of such penalty, if they shall be of opinion that the respondent in such appeal had any sufficient excuse for such his non-compliance.

Section IX. [Lord Lieutenant to fix salary upon recommendation of justices.] It shall be lawful for the justices of every petty sessions, to recommend to the Lord Lieutenant the amount of annual salary which should be paid to the clerk of such petty sessions, regard being had to the extent of the duties of his office; and every such recommendation shall be transmitted to the Lord Lieutenant by such clerk, and the Lord Lieutenant shall determine the class in which such petty sessions clerk shall be included, and shall fix the amount of salary to be paid, not exceeding the amount specified in respect of such class in schedule (A.) to this act annexed, and the same shall be paid halfyearly in the manner hereinafter set forth; and the better to enable the Lord Lieutenant to fix, or to alter such salary, the justices of each petty sessions district shall, when required so to do by the chief or under secretary, cause faithful returns to be made of the amount of business done, and of all fees and fines received in such petty sessions district, for the period required, not exceeding seven years next previous to such requisition; and the amount of salary when so fixed shall be duly notified to the justices of the petty sessions district, and such salary shall be paid in the manner hereinafter mentioned.

Section X. [Allowance for contingencies.] It shall be lawful for the Lord Lieutenant to direct an annual allowance to be made to each petty sessions district for the payment of postage, and for the purchase of books, stationary, court requisites, expenses of court-house, and other matters; it shall also be lawful for him to make such allowance as he shall consider reasonable to the clerks of the justices in the borough of Cork and the town of Belfast, to enable them to provide such assistants as the nature and extent of their duties may require.

Section XI. [Petty sessions clerk shall give security.] Every person who shall act as clerk of petty sessions, before entering on his office, shall give security for the due discharge of his duties; and such security shall be given by a recognizance with two sureties, to be approved of by any two of the justices of his district or districts, in double the amount of the annual salary of such petty sessions clerk; and every such recognizance may be in the form of (B.) in the schedule to this act, or to the like effect, and shall be deposited by the justices with the registrar at his office in Dublin (ƒ). Provided always, that it shall be law

(f) This enactment repeals the provisions of 14 & 15 Vic. c. 93, s. 34, which directed that the recogni

zance was to be forwarded to the clerk of the crown or peace.

ful for the Lord Lieutenant to direct that the security of any guarantee society, established by charter or act of parliament in Great Britain or Ireland, may be accepted in lieu of such security by recognizance; provided also, that it shall be lawful for the Lord Lieutenant, when he shall think right so to do, to direct that new security shall be entered into by recognizance or otherwise.

Section XII. [Provision may be given to retiring clerks.] Whenever any person shall cease to hold the office of clerk of petty sessions, by reason of inability to perform its duties, or by reason of the consolidation of petty sessions districts, or the consolidation of the office of clerk, it shall be lawful for the Lord Lieutenant, upon the recommendation of the justices of the district of which such person had been the petty sessions clerk, to direct that out of the fund at his disposal such person shall be paid such gross sum by way of gratuity, or such annual sum by way of pension, as to the Lord Lieutenant shall appear just; such gratuity not in any case to exceed the amount of three years' fees, and such pension not in any case to exceed twothirds of the salary which such person had received as clerk of petty sessions previous to his vacating office; and such pension shall in every case cease to be paid when such person shall have been appointed to the office of petty sessions clerk of any district or districts, or to any other public office or situation which shall appear to be of equal value with the office of petty sessions clerk which he shall have ceased to hold.

Section XIII. [All salaries, &c. to be paid half-yearly.] Every salary, and every annual sum payable by way of compensation or superannuation allowance, under the provisions of this act, shall be made payable by virtue of an order of the Lord Lieutenant, and it shall direct the salary or other sums mentioned therein to be paid to the person mentioned therein by two halfyearly payments in each year, that is to say, on the 1st day of January and the 1st day of July.

Section XIV. [Stamps in lieu of fees.] Every document enumerated in the schedule (C.) to this act annexed shall, after the 1st day of January, 1859, be printed or written upon paper bearing a stamp denoting the amount or value set opposite to such document in that schedule; and where any such document shall consist of more than one sheet, the first sheet only shall be impressed with the stamp, and no fees other than those contained in schedule (C.), nor any stamp duties, shall be payable in respect of any of the documents therein enumerated.

Section XV. [Commissioners of I. R. to provide dies for denoting fees.] The commissioners of inland revenue shall provide all necessary dies for denoting such fees, either by impressed or

a lhesive stamps; and the registrar shall cause a sufficient supply of the forms in schedule C. to be printed; and the commissioners shall cause any of such forms to be stamped according to this act; and the registrar shall cause the same, when so stamped, and also any adhesive stamps that may be necessary, to be from time to time furnished to the several petty sessions clerks in Ireland, and also to such of the distributors and subdistributors of stamps in Ireland as may be willing to sell the same by retail, at the price impressed or denoted thereon, and he shall also cause any stamped forms of summonses, informations, and warrants, and also any adhesive stamps that may be necessary, to be furnished to the several officers of constabulary for the use of the constabulary force under their control; and for the purposes aforesaid the commissioners shall supply the registrar with such stamped forms and adhesive stamps for denoting any of such fees, under such rules and regulations as the chief or under secretary shall make; and all the costs and expenses incurred by the commissioners shall be paid by the registrar out of the monies which shall come to his hands in respect of such fees.

Section XVI. [Power to justices to enforce payment of fees.] In case the person who shall be liable, under the provisions of this act or any other act, to pay any of the fees denoted by stamps upon any of the forms or proceedings set forth in schedule (C.) to this act annexed, shall fail to make such payment, it shall be lawful for the justice or justices at petty sessions to make a summary order, on the complaint of the clerk of such petty sessions, to require the payment of such fees; and such order shall be enforced in like manner as any order of a justice or justices may now be enforced under the provisions of "The Petty Sessions Ireland Act, 1851.”

Section XVII. [Accounts and allowances.] Upon every such supply being made to any petty sessions clerk, his receipt for the amount shall be taken by the registrar, and the stamped forms and adhesive stamps so supplied shall be accounted for in manner hereinafter mentioned; and the stamped forms and adhesive stamps to be supplied to the constabulary shall be sold and supplied upon payment of the amount impressed upon or denoted by the stamp; and upon the sale and supply of stamps to distributors and subdistributors of stamps an allowance or discount from the amount of the stamps shall be made after the rate of one shilling in the pound.

Section XVIII. [The provisions of the stamp acts to be extended to this act.] The provisions contained in the several acts for the time being in force relating to stamps under the care and management of the commissioners of inland revenue, shall (so far as the same are applicable and consistent with the provisions of this

act) in all cases not hereby provided for, be in full force and effect with respect to the stamps to be provided under the provisions of this act, and shall be applied and put in execution for preventing, detecting, and punishing all frauds, forgeries, and other offences, as effectually as if such provision had been specially enacted by this act in reference to the stamps hereby provided.

Section XIX. [Justices may remit fees.] It shall be lawful for the justices at petty sessions, in any case where they shall be satisfied of the inability of the party liable thereto to pay such fees, to remit, in whole or in part, the fees payable in respect of the stamped form; and on the occasion of every such remission some one of the justices shall, by endorsement on the forms or by a separate certificate, notify such remission accordingly, and the cause thereof.

Section XX. [Allowance for stamps spoiled, &c.] The Lord Lieutenant may from time to time make regulations for the allowance of such of the stamps issued under the provisions of this act as may have been spoiled or rendered useless or unfit for the purpose intended, or for which the owner may have no use, or which, through mistake or inadvertence, may have been improperly or unnecessarily used, or where the fee has been remitted; and allowance shall be made, either by giving other stamps in lieu of the stamps so allowed for, or by paying the amount or value to the owner or holder thereof, after deducting the discount or poundage (if any) that may have been allowed for the sale or distribution of such stamps.

Section XXI. [Stamps issued to constabulary, how to be disposed of.] When any of such forms or stamps shall be issued by the registrar to any officer of constabulary, he shall distribute the same as he shall think fit amongst the several constabulary stations within the districts to which his duties shall extend, to be used only in the cases of prosecution by the constabulary.

Section XXII. [Clerk shall fill up forms.] Every petty sessions clerk shall, when required so to do, and as a part of his duty, and without charge, properly fill up all stamped forms that may be purchased of him, or brought to him for that purpose.

Section XXIII. [Clerk to account with the registrar half-yearly.] Every petty sessions clerk shall account with the registrar twice in each year for all stamps issued to him; and such account shall be made and passed in such form, and at such times, and in such manner as the Lord Lieutenant shall direct; and when such account shall be so taken, the amount of salary of such petty sessions clerk, due up to and for the last previous day of payment, or the balance that may be due thereof after debiting him with the amount due for stamps, and after all just credits and