In the [county of ]. on a charge of it is hereby certified that the undermentioned persons are, for their expense, trouble, and loss of time in connection with the said charge, entitled to compensation as follows: To C. D. [state profession, trade, or occupation], £ 8. d. the prosecutor, residing at half-day for his attendance here day, and night miles at per mile For travelling: mileage ; fares To the same for fees payable by him to the justice's clerk, as per authorised table To E. F. [state profession, trade, or occupation], a witness, residing at for his attendance here night Dated this day of one thousand nine hundred and J. P. Justice of the Peace for the [county] aforesaid. APPENDIX B.* Certificate of Costs of Prosecution of Indictable Offence dealt with In the [county of Summarily. Petty sessional division of ]. Before the court of summary jurisdiction sitting at A. B. [an adult, young person, or child] having been charged for that he did [state substance of charge], and the above court, having, in pursuance of its statutory jurisdiction, dealt with the case summarily, on the day of and convicted the said A. B. [or dismissed the said charge]; it is hereby certified that the undermentioned persons are, for their expenses, trouble, and loss of time in connection with the said charge, entitled to compensation as follows: To C. D. [state profession, trade, or occupation], £ 8. d. the prosecutor, residing at for his attendance here To the same for fees payable to the justices' clerk - one thousand nine hundred and Justice of the Peace for the [county] aforesaid. *This is the form prescribed in the Summary Jurisdiction Rules, 1886, with the variations rendered necessary by the present Regulations. METROPOLITAN POLICE COURTS. THE METROPOLITAN POLICE COURTS ACT, 1839. (2 & 3 VICT. c. 71.) Jurisdiction of justices in the metropolis.-As regards the metropolis, see 2 & 3 Vict. c. 71, s. 13, which enacts that where by any law now in being, or by any Act not containing an express enactment to the contrary hereafter to be made, any act is directed or authorised to be done by any justice or justices of the peace belonging to any of the metropolitan police courts, or by any justice or justices residing in or near or next the parish or place where any offence or other matter cognizable before him or them shall be committed or shall arise, the same jurisdiction may be exercised by one of the said magistrates in any of the said courts; and s. 14, which is as follows: It shall be lawful for any one of the said magistrates appointed or hereafter to be appointed to do alone any act at any of the said courts, or at any place where her Majesty shall order any such court to be holden within the limits of the metropolitan police district for the time being, which by any law now in force, or by any law not containing an express enactment to the contrary hereafter to be made, is or shall be directed to be done by more than one justice: Provided always, thar none of the said magistrates shall be competent to act as a justice of the peace, either alone or with any other justice or justices, in anything which is to be done at a special or petty session of all the justices acting in the division, or by the justices of any of the said counties or liberties in quarter sessions assembled. It has been decided that county justices, who acting under the Metropolitan Police Courts Act, 1840 (3 & 4 Vict. c. 84), s. 6, convict for an offence under the Metropolitan Police Courts Act, 1839 (2 & 3 Vict. c. 71), are entitled to the privileges of a metropolitan police magistrate under the last-mentioned statute, and, therefore, to the same limitation of three months upon any action against them which a police magistrate would have had (Barnet v. Cox, 11 J. P. 118; 16 L. J. M. C. 27; 11 Jur. 118. And see R. v. Richards, 16 L. T. 386; R. v. Bloomsbury, 20 L. J. M. C. 200). THE PARISH CONSTABLES ACT, 1842. (5 & 6 VICT. C. 109.) Fees and allowances. It is provided by 5 & 6 Vict. c. 109, s. 17, that the justices of the county, in general or quarter sessions assembled, shall from time to time, subject to the approval of one of her Majesty's principal Secretaries of State, settle table of Appendix. Appendix. fees and allowances to the clerks to the justices for the performance of their duties under this Act, and to the constables for the service of summons and execution of warrants, and for the performance of such other occasional duties which may be required of the said constables, for which the said justices shall think that fees ought to be allowed; and whenever any duty for which any such fee or allowance shall have been settled, and for which the payment is not by law charged upon the county rates, shall have been performed by any clerk, or by any constable appointed under this Act, the amount of the fee or allowance shall be paid by the overseers of the parish in respect of which such fee has become payable, out of any moneys in their hands collected for the relief of the poor, upon the order of the justices in petty sessions assembled, for the division, and under such regulations as shall be made from time to time by the justices in general or quarter sessions assembled, subject to the approval of the Secretary of State. See also 13 & 14 Vict. c. 20, s. 2. STIPENDIARY MAGISTRATES. THE STIPENDIARY MAGISTRATES ACT, 1858. 1. A stipendiary magistrate may do alone all acts authorised to be done by two justices.] Every stipendiary magistrate appointed for any city, town, liberty, borough, place, or district, sitting at a police court or other place appointed in that behalf, shall have power to do alone any act, and to exercise alone any jurisdiction, which under any law now in force, or under any law not containing an express enactment to the contrary hereafter to be made, may be done or exercised by two justices of the peace; and all the provisions of any Act of Parliament auxiliary to the jurisdiction of such justices shall be applicable also to the jurisdiction of such stipendiary magistrate. 2. Foregoing enactment to extend to acts required to be done at petty sessions.] The authority and jurisdiction given to a stipendiary magistrate by the enactment herein before contained shall extend and apply as well to the cases where the act of jurisdiction is or hereafter may be expressly required to be done or exercised by justices sitting or acting in petty sessions as to other cases; and any enactment authorising or requiring persons to be summoned or to appear at such petty sessions shall in the like cases authorise or require persons to be summoned or to appear before the stipendiary magistrate having jurisdiction at the police court or other place appointed for his sitting. 3. Saving of jurisdiction of quarter sessions and special Appendix. sessions, and as to licences.] Nothing hereinbefore contained shall extend to acts to be done or jurisdiction to be exercised at the general or quarter sessions of the peace, or to acts or jurisdiction expressly required (by any existing or future law) to be done or exercised at special sessions, or to any act or jurisdiction in relation to the grant or transfer of any licence. 4. Saving as to metropolitan police magistrates.] Nothing hereinbefore contained shall extend, alter, or affect in any manner the powers or authorities of the magistrates appointed or to be appointed to the police courts in the metropolitan police district. 6. 2 & 3 Vict. c. 71, s. 18, not to apply in certain cases.] So much of section eighteen of the Metropolitan Police Courts Act, 1839 (2 & 3 Vict. c. 71), as makes void (except in the cases therein excepted) "every summons or warrant issued by any justice of the peace of the counties of Middlesex, Surrey, Kent, Essex, or Hertfordshire respectively, requiring any person residing within the metropolitan police district to appear at any place without the said district to answer any information or complaint touching any matter arising within the said district," shall not apply to any such summons or warrant in respect of any matter arising within any part of the said district not assigned for the time being to any of the police courts of the metropolis. 7. Powers of magistrates acting for places in the metropolitan police district within which no police court is established-2 & 3 Vict. c. 71.] In every case in which any person shall be brought before any police magistrate, or any two magistrates acting within the said metropolitan police district, for any place within which no police court shall have been established, for any offence under the twenty-fourth section of the Metropolitan Police Courts Act, 1839, such police magistrate, or such magistrates acting in and for such place, may hear and determine the matter, and in case of conviction may commit the offender to be imprisoned in any gaol or house of correction in and for the county, liberty, or place in which such offence shall have been committed, though not within the said metropolitan police district, and with or without hard labour for any time not exceeding two calendar months, and in their discretion without the infliction of any fine in default of payment of which such imprisonment might be adjudged. 14. Power to appoint county stipendiary magistrates to be magistrates of the metropolitan police courts.] It shall be lawful for her Majesty to appoint any stipendiary magistrate acting for any city, town, liberty, borough, or place in England or Wales to be a magistrate of any one of the police courts of the metropolitan police district, although such stipendiary magistrate shall not have practised as a barrister during at least seven years Appendix. then last past, nor shall have practised as a barrister for four years then last past, having previously practised as a certificated special pleader for three years below the bar. APPOINTMENT OF DEPUTIES. THE STIPENDIARY MAGISTRATES ACT, 1869. (32 & 33 VICT. c. 34.) 2. Power to stipendiary magistrates to appoint a deputy.] It shall be lawful for any stipendiary magistrate or police magistrate, with the approval of the Secretary of State for the Home Department, to appoint a deputy, who shall have practised as a barrister-at-law for at least seven years, to act for him for any time or times not exceeding six weeks in any consecutive period of twelve calendar months, and, in case of sickness or unavoidable absence, it shall be lawful for such stipendiary magistrate or police magistrate, with the approval of the Secretary of State for the Home Department, on each occasion of this power being exercised, to appoint a deputy, qualified as aforesaid, for any period not exceeding three calendar months at one time, and every such deputy during the time for which he shall be so appointed, shall have all the powers and perform all the duties of the stipendiary magistrate for whom he shall have been so appointed. THE RECORDERS, MAGISTRATES, AND CLERKS OF (51 & 52 VICT. c. 23.) An Act to make better provision as to the appointment of deputies for Recorders, Stipendiary Magistrates, and Clerks of the Peace. 1. Provision as to deputies of recorders, magistrates, and clerks of the peace.]-(1) If at any time it appears to the authority having power to appoint a recorder or a stipendiary magistrate or a clerk of the peace for any place or county, that the recorder, magistrate, or clerk of the peace for that place or county is, by reason of illness, absence, or any other cause, incapable of appointing or removing a deputy, the authority may exercise that power on his behalf, and in so doing may assign out of his salary or stipend a suitable remuneration to any deputy appointed under the power. * A Bill is before Parliament while this book is in the press to repeal, re-enact, and extend the provisions of this Act. |