Page images
PDF
EPUB

No. VI. and not within the county to which such district shall be annexed as 7&8 Geo.IV. aforesaid.

c. 67.

Grand Jury to present an annual Sum for Justice Room.

Appointment

of Clerk to Justices.

Appropriation

of Fees.

A Table of
Fees to be
affixed in every
Court House.

A Registry of all Acts and Proceedings to be kept.

Informations, &c., to be

transmitted to Clerk of the Crown.

Entry to be made of all

Cases where a single Justice

acts,

VII. And be it further enacted, That it shall and may be lawful to and for the said grand juries to present an annual sum, not exceeding ten pounds, for the rent of a public justice room, not being in a house wherein spirituous or fermented liquors are sold, in each of the places wherein such petty sessions shall have been appointed to be openly held as aforesaid; provided that wherever a public court house shall have been built and be maintained at any place so appointed, no such presentment shall be made, and the petty sessions shall be holden in such public court house, and not elsewhere; provided also, that no such presentment be made for such justice room, unless it shall be proved that six meetings of justices during the six months immediately preceding such presentment shall have been held therein.

VIII. And be it further enacted, That it shall and may be lawful to and for the justices, at every such petty sessions assembled, to appoint one fit and proper person to act as their clerk during their pleasure, which clerk shall be authorized to receive the several fees as by the schedule to this Act annexed; and that no other or greater fee shall be taken by such clerk, or by any other person, for any summons, order, warrant, information, recognizance, conviction, or for any other matter or thing done by the said justices at petty sessions.

IX. Provided always, That it shall and may be lawful to the justices of such petty sessions, if they shall so think fit, to keep or require to be kept an account of all such fees; and in case such fees shall amount to any greater sum than such justices shall consider to be and shall have been fixed as an adequate remuneration for such clerk as aforesaid, to appropriate any balance remaining after the payment of such clerk to the purchase of stationery and necessary books for the use of such petty sessions as aforesaid.

X. And be it further enacted, That a printed table of the said fees shall be affixed within every court house or public justice room wherein such sessions are holden; and if any other or greater fees than those petty set forth in the schedule are demanded or taken for any Act, matter, or thing done at the said petty sessions, any person so offending shall forfeit the sum of five pounds, to be recovered by civil bill by any person who shall sue for the same: Provided nevertheless, that no fee whatsoever shall be demanded, taken, or received by any clerk to such petty sessions, or by any clerk to any justice of the peace, or by any other person, for any summons, warrant, information, recognizance, or other magisterial Act, done by any justice at any other time, place, or any other manner than at petty sessions.

XI. And be it further enacted, That a registry or record in writing shall be kept by each and every clerk of petty sessions of all Acts or orders and proceedings done at such petty sessions, whether in civil or criminal cases, in the manner and form set forth in the schedule to this Act annexed; such registry or record to be signed, on each day upon which such petty sessions shall be holden, by all the justices present; and that no summons, warrant, conviction, committal, information, recognizance, or any other magisterial Act or order of any kind, be issued or signed at such petty sessions, without the making an entry thereof in the said record or registry.

XII. And be it further enacted, That all informations and recognizances sworn and acknowledged at the said several petty sessions, or transmitted thereto, shall, once in every month at the least, be transmitted to the clerk of the crown or clerk of the peace of such county, county of a city, or county of a town, as the nature of the case may require; and the office of every such clerk of the crown aud clerk of the peace shall be kept open from the hour of twelve o'clock till three o'clock every day, Sundays, Good Friday, and Christmas Day excepted.

XIII. And be it further enacted, That in all cases in which it becomes necessary for a single justice to act magisterially, not being in petty sessions, save and except in the issue of summonses, such magistrates do

report such case, together with the informations taken or recognizances sworn and acknowledged, to the petty sessions then next ensuing, to be holden for the district in which such case had arisen; and that a particular entry be made in the registry of such petty sessions of every such

case.

XIV. And be it further enacted, That a list of all informations and recognizances sworn and acknowledged before justices acting singly be made out by the respective clerks of the crown and of the peace, and shall be laid before the judges of assize and justices in quarter session respectively, together with the names of the justices before whom such informations and recognizances were sworn and acknowledged.

XV. And be it further enacted, That every warrant, information, conviction, committal, recognizance, or order of the justices at petty sessions, shall be signed by two justices at the least, and not by any one person as chairman and on the behalf of others; and that no summons, warrant, or order be signed by any justice or justices of the peace, unless the blanks in the same shall have been first duly filled up.

XVI. And be it further enacted, That it shall and may be lawful to and for any justices at petty sessions to hear and proceed and determine upon any case in which such justices have jurisdiction by law, although the summons for the same may have been issued, and the complaint received, by any other justice acting singly, or by any other justices at a previous meeting of such petty sessions, in such and the like manner as if the first complaint was made, and the summons issued, by the same justices before whom the subsequent proceedings were had and taken.

XVII. And whereas by an Act passed in the third year of the reign of his present Majesty, intituled An Act for the appointment of Constables, and to secure the effectual Performance of the Duties of their Office; and for the Appointment of Magistrates in Ireland in certain cases, it is amongst other things enacted, that all and every chief constables and other constables shall, when required, attend on the magistrates of the county at their sessions or elsewhere, and shall obey and execute all the orders, warrants, and commands of such magistrates: And whereas doubts have arisen as to the competency or liability of such constables to execute certain civil warrants of such magistrates; be it therefore declared and enacted, That every chief constable and other constable shall attend, and every such chief constable and other constable is hereby required (when not engaged on actual duty) to attend at the several petty sessions which shall be held at the respective places where such constables shall be respectively stationed; and that every such chief constable and other constable shall obey and execute all warrants, orders, and commands of such justices in petty sessions; and shall also obey and execute all warrants, orders, and commands of the magistrates of the county in their sessions in all cases, civil as well as criminal: Provided always, that no such constable shall be employed, under such authority, in the recovery of tithes, or in the levy of rents by distress, or in the levying of fines or penalties under any Act or Acts relating to the revenue in Ireland, or in the enforcing of any Act or Acts relating to the game laws, or any laws for the preservation of game or fish, except only in cases where forcible resistance shall have been actually made, and been proved by information taken on oath.

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors]
[blocks in formation]

Registry of Civil Proceedings at Petty Sessions held for the

County of

[blocks in formation]
[blocks in formation]

No. of Com- Name aud Complaint. Defendant.

[blocks in formation]
[blocks in formation]

[No. VII.] 9 George IV. c. 9.-An Act to enable the Justices of the Peace for Westminster to hold their Sessions of the Peace during Term and the Sitting of the Court of King's Bench.-[3d April 1828.]

WHEREAS by the present law of this realm the justices of the peace

for the city and liberties of Westminster are not authorized to hold their sessions during the sitting of his Majesty's Court of King's Bench at Westminster or elsewhere in the county of Middlesex, and it is expedient that the said justices should have such power and authority, for the more speedy trial of offenders, and the more effectual dispatch of business; be it therefore enacted by the King'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 of the same, That it shall be lawful for the said justices of the peace for the city and liberties of Westminster to begin and continue, or to continue when begun, any session of the peace for the said city and liberties, until the business thereof shall be finally concluded, notwithstanding the essoign day or other commencement of any term may happen, or his Majesty's Court of King's Bench may sit at Westminster or elsewhere in the county of Middlesex, before, or at the beginning, or during the continuance of any such session; and that all trials, judgments, proceedings, acts, and things whatsoever, had, made, and done at any such session, and all proceedings acts and things whatsoever in pursuance of such judgments, shall, notwithstanding the happening of the essoign day or other commencement of any term, or the sitting of the Court of King's Bench as aforesaid, be good and valid in law to all intents and purposes: Provided always, that every session of the peace to be held for the said city and liberties shall commence in the week preceding the holding of each of the quarter or general sessions of the peace for the county of Middlesex,

No. VI.

7&8 Geo.IV.

c. 67.

No. VII. 9 Geo. IV.

c. 9.

Sessions of the
Peace may be

held at Westminster, notwithstanding the Sitting of the Court of King's Bench.

Commencement of the Sessions.

II. And be it further enacted, That this Act shall be deemed and taken Public Act. to be a public Act.

PART VI.-CLASS XXXIII.

No. I.

38 Geo. III.

c. 65.

From Dec. 25 1798, if any person shall turn out upon any forest, &c., sheep or lambs having the Mange, or having been within six

months infect ed therewith, he shall forfeit not more than

101. nor less

than 20s. for each offence.

[ocr errors]
[ocr errors]

SHEEP.

[No. I.] 38 George III. c. 65.—An Act for preventing the
depasturing of Forests, Commons, and Open Fields, with
Sheep or Lambs, infected with the Scab or Mange, in that
Part of Great Britain called England.-[21st June 1798.]
WHEREAS there are within this kingdom several forests, chases,
woods, moors, marshes, heaths, commons, waste lands, and open
fields, and other undivided and uninclosed lands, capable of yielding
great profit, by breeding and maintaining sheep and lambs: And whereas
several persons
interested in such lands turn out, keep, and depasture
thereon sheep and lambs infected with a certain contagious complaint
or disorder, commonly called The Scab or Mange, by which means such
complaint or disorder has gradually increased, and will, if such practice
be not restrained, become general, to the great injury not only of divers
⚫ individuals, but of the public at large, such complaint or disorder ren-
dering the flesh of such sheep and lambs unwholesome, and destroying
the wool: May it therefore please your Majesty that it may be enacted;
and be it enacted by the King'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 of the same,
That from and after the twenty-fifth day of December in the year of our
Lord one thousand seven hundred and ninety-eight, if any person or per-
sons whosoever shall turn out, keep, or depasture, in or upon any forest,
chase, wood, moor, marsh, heath, conimon, waste land, open field, or other
undivided or uninclosed land, any sheep or lambs infected with such com-
plaint or disorder called Scab or Mange, or shall wilfully and knowingly
turn out, keep, or depasture, in or upon any such forest, chase, wood,
moor, marsh, heath, common, waste land, open field, or other undivided
or uninclosed land, any sheep or lamb which, at any time within the space
of six calendar months immediately previous thereto, shall have been
infected as aforesaid, every such person, on being thereof convicted on
the oath of one or more credible witness or witnesses, or on his or her
confession, before any one or more justice or justices of the peace for
the county, district, or place wherein such offence shall have been com-
mitted, shall forfeit and pay any sum not exceeding ten pounds, nor less
than twenty shillings, for every such offence, together with all reason-

« EelmineJätka »