Summary Jurisdiction Act, 1848

Fees of clerks of the peace.

Penalty on clerks taking other fees than those allowed.

30. The fees to which any clerk of the peace . . . shall be entitled shall be ascertained, appointed, and regulated in manner following; (that is to say,) the justices of the peace at their quarter sessions for the several counties, ridings, divisions of counties, and liberties, throughout England and Wales, and the council or other governing body of every borough in England and Wales, shall from time to time, as they shall see fit respectively, make tables of the fees which in their opinion should be paid to the clerks of the peace . . . within their several jurisdictions, and which said tables respectively, being signed by the chairman of every such court of quarter sessions, or by the mayor or other head officer of any such borough respectively, shall be laid before her Majesty’s principal Secretary of State; and it shall be lawful for such Secretary of State, if he thinks fit, to alter such table or tables of fees, and to subscribe a certificate or declaration that such fees are proper to be demanded and received by the several clerks of the peace, . . . throughout England and Wales; . . . and such Secretary of State shall cause copies of such table or set of tables of fees to be transmitted to the several clerks of the peace throughout England and Wales, and if after such copy shall be received by such clerks or clerk he or they shall demand or receive any other or greater fee or gratuity for any business or act transacted or done by him as such clerk than such as is set down in such table or set of tables, he shall forfeit for every such demand or receipt the sum of twenty pounds, to be recovered by action of debt in any of the superior courts of law at Westminster, by any person who will sue for the same: Provided always, that until such table or set of tables shall be framed and confirmed and distributed as aforesaid it shall be lawful for such clerk or clerks to demand and receive such fees as they are now, by any rule or regulation of a court of quarter sessions, or otherwise, authorized to demand and receive.