[ No. XXIII. ]_41 George III. c. 85.-An Act for better No. XXIII. Payment of Fines and Forfeitures imposed by Justices 41 Geo. III. out of Session, in England.-[27th June, 1801.] FOR the better bringing to account and making payment of such share c. 85. c. 85. feitures not payable to any rate, &c. or Body Corpo other Person, of fines forfeitures and penalties due to his Majesty which are not 41 George III. by law payable to any particular persons commissioners or others levied before justices of the peace acting out of session; 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 passing of this Act it shall be lawful for every justice of the peace acting Justices in Eng-out of session for any county riding city borough division or place in land out of England to receive all fines forfeitures and penalties imposed by him or Session may reany other justice of the peace as aforesaid acting out of sessions and not ceive and give made payable to any body or bodies corporate or any commissioners of Receipts for any publick boards or any other person or persons and to give receipts for Fines and Forthe same, which receipts shall be a sufficient discharge to the parties by. whom the said fines shall be payable; and every such justice shall by himself or clerk keep an account in a book, to be provided for that purpose, of the amount of every fine forfeiture or penalty which shall have been set or imposed by any adjudication or order made by every such and shall enter justice, specifying the place and time and manner of such adjudication or Accounts thereorder the nature of the offence and the Act or Acts under which the same of, and pay the was adjudged and the name or names of the person or persons on whom Amount annu. such fine forfeiture or penalty was set or imposed; distinguishing whe- ally to the Shether the same was paid or levied and what part or share thereof, if any, riff of the has been or shall be paid or payable to any body or bodies corporate com- County. missioners or person or persons, with the name and description of such body or bodies commissioners person or persons and the authority under which he she or they claimed such part or share; and shall annually, previous to the Michaelmas session, pay into the hands of every sheriff of the county or city and town and county having a separate sheriff, for which such justice shall have acted in imposing such fines, all such fines forfeitures or penalties or the parts or shares of such fines forfeitures or penalties as shall be due to his Majesty his heirs or successors; and the sheriff or his under sheriff is hereby required to give an acquittance for the same, which shall be a full discharge to every such justice his heirs executors and administrators for such fines forfeitures or penalties or parts or shares thereof. II. And be it further enacted, That any justice of the peace shall, previous to the Michaelmas sessions, annually transmit to the clerk of the peace of the county city or town or clerk of the town within which such fine forfeiture or penalty shall have been imposed an account in writing, stating the several fines forfeitures and penalties which have been imposed by him and shewing which have been received by him and from whom and for what offences; which account the clerk of the peace or town clerk shall enter in his estreats with the names of the justices, that the sheriff may be charged with the same in his apposal before the foreign apposer, to the end that the same may be set over and answered to the Crown in like manner as in the case of fines and forfeitures set or imposed at any session of the peace. The Justices Forfeitures to III. And be it further enacted, That as often as two or more justices Where two shall act together in setting or imposing any fine forfeiture or penalty, Justices shall then the said account shall be kept and a copy of it shall be delivered or transmitted and the payment as aforesaid shall be made by such one of the said two or more justices as shall reside at or near the place where such adjudication or order was made or at or nearest the place where such general quarter sessions shall be held. impose Fines, Account shall be kept, &c. and Payment made by the Resident Justice. IV. And be it further enacted, That the said several clerks of the peace Constables on receiving Accounts of such Fines from Clerk of the Peace shall give Notice to the Persons entitled thereto. c. 85. [Part VI No. XXIII. or town clerks or their deputies shall, within ten days next after any such 41 Geo. III. general quarter sessions of the peace in which such justice shall have returned any conviction as aforesaid, deliver to the bailiff or chief constable of the district where any person shall reside who shall by law be entitled to any share or proportion of any fines forfeitures or penalties which shall have been had and received by any such justice as aforesaid, an account in writing of such fines forfeitures and penalties; which bailiff or chief constable shall transmit an account thereof to the petty constable of the parish township or place where such person shall reside, that notice may be given to the person so entitled that he may without delay apply to such justice for his share of such fine forfeiture or penalty. V. Provided always, That nothing in this Act shall be construed to prevent Officers extend to prevent the officers of the Crown from allowing any fines forfeitures or penalties levied by justices of the peace for justices' wages, in the same manner as other fines are now allowed by law; and provided also, that it shall be lawful for sheriffs or any other persons empowered to allow the same to have an allowance of the same poundage on the balance of such fines charged on them after an allowance for justices' wages, in like manner as for fines at the assizes. Act shall not of the Crown from allowing Fines as here tofore, &c. Nor to the Payment of Fines in any of the seven Publick Offices, under 32 Geo. 3.c.53. c. 91. Justices of Annual Gene ral and General Quarter Ses sions, to settle a Table of Fees to be taken by the Clerks VI. And be it further enacted, That nothing herein contained shall be construed to prevent the payment to the receiver of fines penalties and forfeitures by the justices or their clerks in any of the seven publick offices appointed by virtue of an Act passed in the thirty-second year of his present Majesty's reign, intituled, "An Act for the more effectual Administration of the Office of a Justice of the Peace in such parts of the Counties of Middlesex and Surrey as lie in and near the Metropolis, and for the more effectual Prevention of Felonies." [ No. XXIV. ] 57 George III. c. 91.-An Act to enable Justices of the Peace to settle the Fees to be taken by the Clerks of the Peace of the respective Counties and other Divisions of England and Wales.-[10th July 1817.] 57 Geo. III. WHEREAS doubts have arisen touching the fees and allowances due and to be made to the clerks of the peace of the several counties and other divisions in England and Wales; for the removing of such doubts, 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 first day of July next it shall and may be lawful to and for the justices of the peace for the county of Kent and for the county palatine of Lancaster, at their annual general sessions of the peace, and for the justices of the peace in every other county riding division city town liberty or precinct within England and Wales, at their respective general quarter sessions of the peace, to ascertain make and settle a table of fees and allowances to be taken by the clerk of the peace for such county of Kent and such county palatine and such other counties ridings divisions cities towns liberties and precincts respectively; and such table of fees and allowances when so made shall be subject to the approbation of the justices of the peace at the then next succeeding general annual session of the peace for the county palatine of Lancaster and for the county of Kent, and at the then next succeeding general quarter session of the peace for every other such county riding division city town liberty or precinct as aforesaid, or at some adjournment of such sessions respectively; and such table of fees respectively when so approved respectively shall be laid before the judges of assize at the next assizes for such counties and places respectively, except the several places being counties in which assizes are not constantly or regularly holden in every year, and in those cases before the justices at the next assizes for the adjoining county where assizes are constantly and regularly holden, and to which prisoners of the Peace for the Counties of England and Wales. are generally removed for trial from such places respectively, and also No. XXIV. except the counties in Wales and the county palatine of Chester, and before c. 91. the justices at the next great sessions for the several counties in Wales 57 Geo. III and for the county palatine of Chester; and the said judges and justices respectively are hereby authorized to ratify and confirm such tables respectively either as settled and approved as aforesaid or with such alterations additions and improvements as to such judges and justices last mentioned shall appear to be just and reasonable; and it shall be lawful for the said justices of the peace at their respective quarter or general sessions of the peace from time to time in like manner to make other table of fees and allowances instead of or in addition to the tables of fees and allowances before made, which shall and may be approved and afterwards ratified and confirmed in like manner; which fees and allowances contained in such tables respectively when so made and approved and afterwards ratified and confirmed as aforesaid, shall be the only fees and allowances which shall be taken by the clerks of the peace of the several counties and places for which such tables respectively shall be so made approved ratified and confirmed from and after such ratification and confirmation thereof respectively; any thing in any Act or Acts of Parliament or any law usage or custom to the contrary in anywise notwithstanding. II. And be it further enacted, That if at any time after any such table Penalty on of fees and allowances shall have been so ratified and confirmed as afore- Clerks of the said any clerk of the peace or any person or persons acting as such shall Peace taking under pretence of any matter or thing done transacted or performed de- greater Fees mand or receive any other or greater fee or allowance than the fee than allowed. or allowance fees or allowances ascertained ratified and confirmed as aforesaid, such clerk of the peace or other person shall for every such offence forfeit and pay the sum of five pounds to any person who shall sue for the same by action of debt bill plaint or information in any of his Majesty's courts of record at Westminster, wherein no essoign privilege protection wager of law or more than one imparlance shall be granted or allowed. where the Ge III. And be it further enacted, That every table of fees-and allowances Printed or which shall be made approved ratified and confirmed from time to time as written Copies aforesaid shall be deposited with the clerk of the peace for the county or of such Table place for which such table of fees shall have been so made approved ra- of Fees to be tified and confirmed as aforesaid; and a true and exact written or printed hung up in copy or copies thereof shall be placed and constantly kept in a con- some conspicu ous Place spicuous part of every room or place wherein any gencral or quarter sessions of the peace for such county or place shall be held; and if any clerk of the peace or person acting as such shall at any time neglect to cause every such copy to be so placed and constantly kept according to the pro- shall be held; visions of this Act, he shall forfeit and pay to any person who shall sue and Penalty on for the same for every such offence the sum of five pounds, to be reco- Clerks of the vered by action of debt bill plaint or information in any of his Majesty's Peace neglectcourts of record at Westminster, wherein no essoign privilege protection ing so to do. wager of law nor more than one imparlance shall be granted or allowed. neral or Quar ter Sessions IV. And be it further enacted, That all suits and actions which shall be Limitation of brought or commenced by virtue of this Act shall be brought before Actions. the end of three calendar months after the offence committed and not otherwise. [ No. XXV. ] 59 George III. c. 92.-An Act to enable Justices of the Peace in Ireland to act as such in certain Cases out of the Limits of the Counties in which they actually are; to make Provision for the Execution of Warrants of Distress granted by them; and to authorise them to impose Fines upon Constables and other Officers for Neglect of Duty, and on Masters for Ill Usage of their Apprentices.-[12th July 1819.] No. XXVI. c. 66. 1 Geo. IV. [No. XXVI. ] 1 Geo. IV. c. 66.-An Act to continue, until the end of the next Session of Parliament, Two Acts of the 54th Year of his late Majesty for the more effectual Administration of the Office of a Justice of the Peace in and near the Metropolis, and for the Prevention of Depredations on the River Thames.—[15th July 1820.] c. 63. 28 Geo. 3. c. 49. [No. XXVII. ] 1 & 2 George IV. c. 63.-An Act to amend an Act, made in the Twenty-eighth Year of the Reign of King George the Third, intituled An Act to enable Justices of the Peace to act as such, in certain Cases, out of the Limits of the Counties in which they actually are. -[2d July 1821.] 1 & 2 Geo. IV. WHEREAS by an Act of Parliament passed in the twenty-eighth year of the reign of King George the Third, intituled An Act to enable Justices of the Peace to act as such, in certain Cases, out of the Limits of the Counties in which they actually are, it was enacted, that it should and might be lawful for any justice or justices of the peace acting for any county at large to act as such at any place within any city town or precinct being a county of itself and situate within surrounded by or adjoining to any such county at large; and that all and every such act and acts matters and things done by such justice or justices of the peace for the said county at. large within such city town or other precinct should be as valid and effectual in the law as if the same had been done within the said county at large, to all intents and purposes whatsoever: And whereas doubts have been entertained whether justices of the peace for counties at large: are thereby empowered to act for such counties at large within any city town or other precinct having exclusive jurisdiction but not being a county of itself; Be it therefore enacted and declared 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 and may be lawful. for any justice or justices of the peace acting for any county at large or for any riding or division of a county in which there are several and distinct commissions of the peace to act as a justices or justice for such county at large riding or division in sessions or otherwise at any place within any city town or other precinct having exclusive jurisdiction but not being a county of itself and situate within surrounded by or adjoining to any such county at large riding or division; and that all and every such act and acts matters and things which shall be done or which may heretofore have been done by such justice or justices of the peace for the said county at large riding or division within such city town or other precinct shall be as valid and effectual in the law as if the same had been done within the said county riding or division to all intents and purposes whatsoever: Provided always, That nothing in this Act contained shall extend to give power to the justices of the peace for any county at large riding or division not being justices for such city town or other precinct, or any constable or other officer acting under them to act or intermeddle in any matters or things arising within any such city town or precinct in any manner whatsoever. Justices of the Peace, acting for any County at large, such in Places having exclusive Jurisdiction within or &c. may act as adjoining such County: Proviso. [ No. XXVIII. ] 1 & 2 George IV. c. 118.-An Act for the more effectual Administration of the Office of a Justice of the Peace in and near the Metropolis; and for the more No. XXVIII. 1 & 2 Geo. IV. c. 118. 1 & 2 Geo. IV. c. 118. effectual Prevention of Depredations on the River Thames and its Vicinity, for one Year.-[10th July 1821.] WHEREAS two Acts were made in the fifty-fourth year of his late Majesty's reign, the one intituled An Act for repealing an Act made in the Fifty-first Year of his present Majesty for the more effectual Administration of the Office of a Justice of the Peace in such Parts of the Counties of Middlesex and Surrey as lie in or near the Metropolis; and for making other Provisions in lieu thereof; to continue in force until the First Day of June One thousand eight hundred and twenty, and from thence until the Expiration of Six Weeks from the Commencement of the then next Session 54 Geo.3.c.37. of Parliament; and the other, intituled An Act to revive and continue until 54 Geo. 3. the First Day of June One thousand eight hundred and twenty, and to c. 187. amend several Acts for the more effectual Prevention of Depredations on the 1 Geo. 4. c. 66. River Thames and its Vicinity; both which Acts were by an Act of the last session of Parliament continued in force until the end of the present session of Parliament: And whereas it is expedient that the provisions of the said Acts should be consolidated and amended; and that one of the police offices established by the said first recited Act should be removed to a more convenient site: 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 the said two Acts of the fifty-fourth Commenceyear aforesaid shall be and the same are hereby continued in force until ment and Conand upon the fifth day of July one thousand eight hundred and twenty- tinuance of this one and be then repealed; and that the provisions of this Act shall Act. thenceforth commence and continue in force for the term of one year. well a new Mary-le-bone. ر II. And be it enacted, That the police office now established in the The Public parish of Saint John of Wapping, commonly called The Thames Police Offices now Office,' and the several police offices now established in the parishes of established Saint Margaret Westminster Saint James Westminster Saint Andrew Hol- shall be conborn Saint Leonard Shoreditch and Saint Mary Whitechapel in the county tinued, but of Middlesex and in the parish of Saint Saviour in the county of Surrey instead of the shall be continued; and that instead of the police office now established Office at Shadin the parish of Saint Paul Shadwell a new police office shall be esta- Office shall be blished in the parish of Saint Mary-le-bone in the said county of Middle- established in ser; and that the several persons heretofore appointed or who before the commencement of this Act shall be appointed to execute the duties of a justice of the peace at the police offices now established under the said Justices to act. recited Acts shall continue to execute the same at the said seven firstmentioned offices and at the said police office so to be established as last aforesaid, together with such other justices of the peace for the said Counties respectively as may think proper to attend thereat; and that His Majesty it shall be lawful for his Majesty his heirs and successors, upon every may appoint vacancy by death or otherwise, to appoint another fit person being a jus- Justices to fill tice of the peace of the said counties of Middlesex and Surrey respectively up Vacancies. to execute the duties of a justice of the peace at the said several police offices in lieu of the person making such vacancy. III. And be it further enacted, That one or more of the said justices Time of Atso appointed shall diligently attend at each of the said police offices every tendance. day, from ten of the clock in the morning until eight of the clock in the evening, and at such other times and places as shall be found necessary and directed by his Majesty's Principal Secretary of State for the Home Department; and that two of the said justices shall in like manner attend together at each of the said offices from twelve of the clock at noon until three in the afternoon: Provided always, that no such attendance shall be given on Sunday Christmas Day Good Friday or any day appointed for a public fast or thanksgiving unless in cases of urgent necessity or when it shall be directed by such Principal Secretary of State. IV. And be it further enacted, That the present receiver for the seven Receiver to be police offices established under the said first recited Act shall become the continued in Office; and in case of Death his Majesty may appoint another. |