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be construed

c. 44.

79. And be it enacted, That this Act shall be This Act to construed as one Act with the said Act passed in with 10 G. 4, the tenth year of the reign of King George the Fourth for the improvement of police in and near the metropolis; and that all the provisions of the said Act, except so far as is herein otherwise provided, shall extend to this Act, and to all things done in execution of this Act.

altered this

80. And be it enacted, That this Act may be Act may be amended or repealed by any Act to be passed in this session. present session of parliament.

of the police courts and police magis

trates.

2 & 3 VICT. CAP. 71.

An Act for regulating the Police Courts in the
Metropolis.
[24th August, 1839.]

WHEREAS it is expedient to amend the several Acts now in force for the more effectual administration of justice in the office of a justice of the peace in the several police offices established in the metropolis, and for the more effectual prevention of depredations on the river Thames and its vicinity: 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 Continuance of the same, That the several police courts now established under the names of the public office in Bow Street, and the police offices in the parishes of Saint Margaret, Westminster, Saint James, Westminster, Saint Mary-le-bone, Saint Andrew, Holborn, Saint Leonard, Shoreditch, Saint Mary, Whitechapel, and Saint John, Wapping, in the county of Middlesex, and Saint Saviour, in the county of Surrey, shall be continued, and that the several persons appointed to execute the duties of a justice of the peace at the said courts shall continue to execute the same there, and shall be justices of the counties of Middlesex, Surrey, Kent, Essex, and Hertfordshire, the city and liberty of Westminster, and the liberty of the Tower of London, and magistrates of the said courts, during her Majesty's pleasure.

in council

number and

the courts.

2. And be it enacted, That it shall be lawful for Her Majesty her Majesty, with the advice of her privy council, may alter the to alter the number of the police courts, and to alter situation of the number of magistrates appointed to any of the said courts, and to order such changes to be made of the places in which they shall be holden within the metropolitan police district, as shall be found expedient; and every such court shall thenceforth be holden in the place in or to which it shall be so ordered to be established or removed: provided al- Limiting ways, that there shall not at any time be more than magistrates. twenty-seven such magistrates.

number of

barristers.

3. And be it enacted, That to supply such of the Vacancies to be supplied present vacancies and also such other vacancies by her Maamong the magistrates of the said courts which jesty from her Majesty shall think fit to supply, her Majesty may appoint a sufficient number of fit persons, each of whom shall have practised as a barrister during at least seven years then last past, or who 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, to be magistrates of the said courts; and any person so appointed, and also every magistrate already appointed to the said courts or offices, may act as a justice of the peace in and for the said counties and liberties, although he may not have the qualification by estate required of other justices of the peace provided always, that no person hereafter to be appointed to be a magistrate of the said courts shall act in his office until he shall have taken and subscribed before some justice or baron of one of her Majesty's courts of record at Westminster

Magistrates,

&c. exempt

on juries.

the oaths taken and subscribed by justices of the peace, except the oath of qualification.

4. And be it enacted, That the said magistrates, from serving and their clerks, ushers, door-keepers, and messengers, shall be exempt and disqualified from being returned and from serving on any juries or inquests whatsoever, and shall not be inserted in any lists of men qualified and liable to serve as jurors.

Appointment of clerks,

5. And be it enacted, That one of her Majesty's ushers, door- principal secretaries of state shall fix the number of keepers, and messengers. clerks, ushers, door-keepers, and messengers to assist in carrying on the business of each of the said courts, who shall be appointed, and may be dismissed at pleasure, by the secretary of state; and the clerks now acting at the said several offices shall be continued the clerks of the said courts during the pleasure of the secretary of state; and no person shall hereafter be appointed chief clerk in any of the said courts unless he shall be an attorney of one of her Majesty's superior courts of law at Westminster, or shall have served as clerk in one or more of the said police courts or offices, or as clerk to the justices of any division or special or petty sessions within the metropolitan police district, during at least seven years; and no clerk in any of the said courts shall hold or have any other office or employment whatsoever, except any office or employment to which any such clerk has been appointed before the passing of this Act with the sanction of the secretary of state; and every usher, door-keeper, and messenger appointed to any of the said courts shall be sworn as a constable, but shall only be empow

ered to act as a constable within the said courts and the precincts thereof, unless for the protection of the magistrates or of persons resorting to the court, or, in case of being sworn in as special constables, in any urgent necessity in which the services of any one or more of them may be specially required by an order in writing from the secretary of state.

or officer of

vote at cer

6. And be it enacted, That none of the said ma- No magistrate gistrates, clerks, ushers, door-keepers, or messengers the courts to appointed by virtue of this Act shall, during the tain elections. time that he shall continue in his office respectively, or within six months after he shall have quitted the same, be capable of giving his vote for the election of a member to serve in parliament for the counties of Middlesex or Surrey, or for the city of London, or for the city and liberty of Westminster, the borough of the Tower Hamlets, the borough of Finsbury, the borough of Mary-le-bone, in the county of Middlesex, or for the borough of Southwark, or the borough of Lambeth in the county of Surrey, or the borough of Greenwich in the county of Kent respectively; nor shall he by word, message, writing, or in any other manner endeavour to persuade any elector to give or to dissuade any elector from giving his vote for the choice of any person to be a member to serve in parliament for any such county, city, or borough; and every such magistrate, clerk, usher, door-keeper, or messenger offending therein shall forfeit the sum of one hundred pounds, one moiety thereof to the informer, and the other moiety thereof to the use of the poor of the parish or place where such offence shall be committed, to be recovered by any person that shall sue for the same in any of her

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