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VIII. c. 1.

Engl. stat. 1545.

The clerk

37 HENRY this realm as shall be able to exercise and occupy the same, to hold and enjoy the same during the time that the said custos rotulorum shall occupy and exercise the aforesaid office of custos rotulorum, so that the said clerk demean him in the said office justly and honestly; and it shall be lawful to every such grantee of the said clerkship to occupy and enjoy the same office of the clerkship of the peace, by himself, or by his sufficient deputy, instructed in the laws of this realm, so that the same deputy be admitted, taken, and reputed by the said custos rotulorum to be sufficient and able to exercise, occupy, keep, and enjoy the same office of the clerkship of the peace.

may appoint a

deputy by

consent of

the custos.

1 WM. III. c. 21.

1 WM. III. c. 21.] An act for enabling Lords Commissioners Island Act. for the Great Seal to execute the office of Lord Chancellor or Lord Keeper.

1688.

Clerk of the peace to be

by the cus

tos rotulorum.

ENGLD. [1688.]

1 Wm. III. c. 21, sec. 5.] The custos rotulorum, or other appointed person to whom of right it doth or shall belong to nominate or appoint the clerk of the peace for any county, riding, division, or other place, shall, from time to time, where the office of the clerk of the peace now is, or hereafter shall be void, nominate and appoint one able and sufficient person residing in the said county, riding, division, or other place, for which he is so appointed, or to be appointed, clerk of the peace, to execute the same by himself or his sufficient deputy, and to take and receive the fees, profits and perquisites thereof, for so long time only as such clerk of the peace shall well demean himself in his said

Justices of

upon such

vacancy the

office.

6. If any clerk of the peace already nominated, or to be peace may nominated as aforesaid, shall misdemean himself in the execution discharge the clerk, of the said office, and thereupon a complaint and charge in writing of such misdemeanor shall be exhibited against him to the justices of the peace in their general quarter-sessions, it shall be lawful for the said justices, or the major part of them from time to time, upon examination and due proof thereof, openly in their general quarter-sessions, to suspend or discharge him from the said office; and in such case the custos rotulorum, custos shall or other person to whom it shall of right belong, to nominate nominate a the clerk of the peace for such county, riding, division, or place, shall nominate and appoint one other able and sufficient person residing in the said county, riding, division, or place as aforesaid, to be clerk of the peace in the place of such person so amoved as aforesaid; and in case of refusal or neglect to made such nomination and appointment before the next general quarter-sessions to be holden after the said refusal, it shall and may be lawful for the said justices of the peace, at their general quarter-sessions for the said county, riding, division, or place, or the major part of them, to nominate and appoint one able and sufficient person residing in the said county, riding, division,

clerk.

or place, to be clerk of the peace in the place of such person so amoved as aforesaid, to have, hold, and enjoy the said office of clerk of the peace, and to execute the same by himself or his sufficient deputy, and to receive the fees, profits, and perquisites thereof.

1 WM. III. Engl. stat

c. 21.

1688.

liable to

7. Provided always, That he shall be liable and subject to No clerk all the penalties, forfeitures, conditions, limitations, and pro- penalties, visions herein and hereby mentioned and expressed, and may be c. amoved or discharged by the said justices, or the major part of them, in such manner and way as is above specified.

not to take

Penalty on

8. It shall not be lawful for any custos rotulorum or other Custos, &c., person to whom of right it doth or shall belong, to nominate, fee or elect, or appoint any clerk of the peace, to sell the said place of reward. clerk of the peace, or to take any bond or other assurance to receive, to have any reward, money, fee, or profit, directly or indirectly to him or any other person for such nominating, electing, or appointing; but every such custos rotulorum or other person that shall so sell the clerkship of the peace, and every clerk of the peace who shall so buy his place, are hereby buyer and disabled to hold their places of custos rotulorum or clerkships of the peace, and shall also each of them respectively forfeit double the sum or value of other things that shall be so given or taken, to be recovered by him or them to their own use that shall sue for the same, to be prosecuted by any action of debt, suit, bill, plaint, or information, in any of their majesty's courts at Westminster, wherein no essoin, protection, or wager of law shall lie.

seller.

9. Every clerk of the peace, before he enter upon the exe- Clerk of the cution of his said office, shall in open sessions take the oath peace to following, viz.:

I, A. B. do swear that I have not, nor will pay any sum or sums of money or other reward whatsoever, nor given any bond or other assurance to pay any money, fee, or profit, directly or indirectly, to any person or persons whomsoever, for such nomination or appointment.

So help me God

Clerk of the Peace's Fees.

take the following oath.

10 ANNE, c. 4.] For regulating fees.

10 ANNE c. 4.

Island Act.

ISLD. [May 19, 1711.] 1711.

clerk of the

10 Ann, c. 4, sec. 19.] The clerk of the peace's fees shall be: Fees of the For an order of sessions for a license to sell rum and £ s. d. peace. rum-punch, and bond 6

For every presentment returned billa vera

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14 VIC. 3. 29. Island Act.

1851.

Fees of the clerks of the

in schedule.

Proviso.

14 VIC. c. 29.] To regulate the fees of the clerks of the peace and the clerks of the magistrates of this island.

ISLD. [April 17, 1851.]

14 Vic. c. 29, sec. 1.] On and after the first day of May, peace fixed 1851, the clerks of the peace of the several parishes of this island shall be entitled to demand and receive the fees set down in the schedule to this act annexed, marked A. Provided always, That when the duties of magistrates' clerks are performed by the clerk of the peace, he shall be entitled to demand and receive the fees and commutations payable to the magistrates' clerks in addition to the fees payable to him as clerk of the peace.

peace may

commute their fees.

Clerks of the 2. In respect to all felonies and aggravated misdemeanours, indictable at the assize courts or quarter-session, or triable at petty sessions, and all duties at special and petty sessions, relating to offences or matters of public nature, or directed by two justices of the peace, and all duties performed by the respective clerks of the peace, in furtherance of the general criminal justice of the island, or in assisting the magistrates in public matters before them, the respective clerks of the peace, and clerks of the magistrates shall be paid by commutation or otherwise as may be provided, by any other act of the legislature of this island, to be passed during this or any future session of the assembly.

Fees to be paid by

3. In respect of all other matters the said fees shall be payable persons re- and paid by the person requiring the services of such clerk of quiring the the peace, or clerk of the magistrates, unless such proceedings shall be directed by two justices of the peace as herein before provided.

List of fees to be exhibited.

4. It shall be the duty of each clerk of the peace and clerk of the magistrates in this island, under the penalty of £30 to be recovered by action of debt in the court of common pleas of the parish, for the use of such parish, to affix in a conspicuous part of the room or rooms, in which the justices hold their usual sittings in petty sessions, a fair and legible list or scale of all such fees as are herein provided, so that the public may at all times have access thereto.

(a) These are old currency sums. The operation of this act and other acts relating to fees to clerk of the peace, is suspended by 14 Vic. c. 29 (post) to 31 Dec. 1854. In addition to which some

other fees are allowed to clerks of the peace for divers ministerial duties imposed on them by local acts. Vide acts passim.

Island Act.

1851.

Quarterly

fees, &c., to

clerk of

5. Each clerk of the peace and magistrate's clerk shall once 14 Vic. c.29 in each quarter of every year during the continuance of this act make up an account in detail, of all and every the salary, or commutation fees, or other emoluments whatsoever received by account of him, either from public or private sources, in the execution of be made to his office during such quarter; such account to be made up to the 28th day of March, the 28th day of June, the 28th September, and 28th December, in each year; and to be verified on solemn affirmation, before any justice of the peace of this island, and lodged in the office of the clerk of the assembly within twenty days after such quarter days.

assembly.

return.

6. The returns to be made to the clerk of the assembly by Form of the clerks of the peace and magistrate's clerks under the fifth clause of this act, shall be made in the following form:

A return of fees received by A. B. clerk of the peace (or magistrate's clerk) for the parish of

to the

day of

18

from the
day of
each day inclusive.

Description of work for which fees are received.

Drawing (fill in number here) indictments and attending trial, recording proceedings and all other business connected therewith, at £ each

Taking (

ib. ) depositions or examinations
making in all (fill in number here) sheets of 160
words at
per sheet

Entering ( extracts ( in all at

ib.
) records, copies, and
ib. ) sheets of 160 words
per sheet

(Fill in number here)

ib.

certificates to be annexed to

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venire facias at

each

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sheets of proceedings to be

returned on writ of certiorari or mandamus per

sheet of 160 words at

) informations, summonses, &c.,

per sheet

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And in like manner and in the same form, all other fees, including salary, or commutation, shall be set forth, showing the number of each particular

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