Petty Sessions Clerk (Ireland) Act, 1858

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PETTY SESSIONS CLERK (IRELAND) ACT 1858

CHAPTER C.

An Act to regulate the Office of Clerk of Petty Sessions in Ireland. [2d August 1858.]

[Preamble.]

Short title.

1. This Act may be cited for all purposes as “The Petty Sessions Clerk (Ireland) Act, 1858.”

14 & 15 Vict. c. 93. incorporated.

2. The Petty Sessions (Ireland) Act, 1851, except so far as the same is hereby repealed; shall be incorporated with this Act.

Interpretation of terms.

3. In the interpretation of this Act, except when repugnant to the context or subject matter, the several words and expressions herein-after mentioned shall have the several meanings appropriated to them hereby; (that is to say,) the word “district” shall mean petty sessions district; the word “clerk” shall mean petty sessions clerk, and shall include the clerk of the justices of any borough save Dublin; “Under Secretary” shall mean the Under Secretary of the Lord Lieutenant; “registrar” shall mean the clerk of fines and penalties in the Castle of Dublin, or such other person as the Lord Lieutenant may appoint to discharge the duties prescribed by this Act for the registrar to perform; “county in which the petty sessions district is situate,” and “division in which the petty sessions district is situate,” shall, in the case of districts locally situate in more counties or more divisions than one, respectively mean the county or quarter sessions division, as the case may be, in which the district petty sessions are held; “stamped forms” or “forms” shall extend and apply to any paper, book, or document upon which an adhesive stamp shall have been affixed under the provisions of this Act.

[S. 4 rep. 38 & 39 Vict. c. 66. (S.L.R.) S. 5 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

One clerk may be appointed to several districts, &c.

6. It shall be lawful for the Lord Lieutenant at any time hereafter to order and declare that from a certain time therein to be named two or more districts shall be served by one and the same person as clerk; and such order and declaration shall be published in the Dublin Gazette, and shall be notified by the Chief or Under Secretary to the clerk of the peace of the county in which the said districts are situate; and the justices assembled at the then next quarter sessions for the division of the county in which such districts shall be situate, or, if the said districts shall be in more than one division, then at the quarter sessions for such division as the Lord Lieutenant shall appoint, shall proceed to nominate and appoint some one of the persons who have filled the office of petty sessions clerk in one of the said districts immediately before the pronouncing of the said order, or, in case of the unfitness of all such persons, then some other proper and fit person, to be the clerk of such districts; and such appointment shall forthwith be notified by the clerk of the peace to the registrar; and it shall be lawful for such justices to recommend to the Lord Lieutenant the amount of annual salary which in their opinion should be paid to the clerk so appointed for such districts, regard being had to the extent of the duties he will be called upon to perform; and every such recommendation shall be transmitted to the Lord Lieutenant by such clerk of the peace, and the Lord Lieutenant, after due consideration of any recommendation which may be so transmitted to him, shall determine the class in which such clerk shall be included, and shall fix the salary to be paid to such clerk, . . .

Appointment of clerks.

3 & 4 Vict. c. 108.

7. As often as any vacancy shall arise in the office of petty sessions clerk serving one district only, the justices of such petty sessions shall nominate and appoint some proper person to fill the said office; and in any borough in which, within the meaning of the Municipal Corporations (Ireland) Act, 1840, a commission of the peace has been or shall be granted, and in and for which borough petty sessions are and shall be holden, the clerk shall, when and so often as a vacancy shall arise, be nominated and appointed by the justices of such borough; and as often as a vacancy shall arise in the office of petty sessions clerk serving two or more districts, the justices of such districts shall appoint some proper person to fill such office: Provided always, that notice shall be given by the clerk of the peace for the county or division in which such districts, or the greater part thereof, are situate, of the time and place at which the justices of such districts are to meet to consider such matter; and such notice shall be published in some newspaper circulated in such county or division, and shall be served upon each such justice seven days at the least previous to such meeting, either by delivering the same personally to such justice, or by leaving the same at or transmitting it by post to his usual place of abode; and every such appointment, when made, shall be forthwith notified by the clerk to the registrar.

Tenure of office and duties of petty sessions clerks.

14 & 15 Vict. c. 93.

14 & 15 Vict. c. 93.

8. Every petty sessions clerk in Ireland shall hold his office subject to the following provisions:

1. He shall hold such office during the pleasure of the justices of the district or districts of which he shall be clerk, and of the Lord Lieutenant:

2. He shall not practise as a barrister, or attorney or solicitor, in any case, nor shall he act as the clerk of an attorney or solicitor, or as the clerk of a poor law union, or as a collector of any public tax, or be concerned in the keeping of any hotel, tavern, eating house, or house licensed for the sale of liquor to be consumed on the premises, nor shall he engage in any business or occupation which the Lord Lieutenant by any general or special order shall have prohibited: But this enactment shall not apply to clerks who may be engaged in any business, profession, or occupation, or who shall hold any appointment, other than that of petty sessions clerk, at the time of the passing of this Act:

3. In addition to the duties which he shall be bound to discharge under the provisions of the fifth section of the Petty Sessions (Ireland) Act, 1851, he shall perform the several duties expressly or impliedly imposed on him by this Act with reference to the keeping of and accounting for all sums of money received by him in his official capacity, and shall also observe and perform all the other regulations of this Act in reference to his office and the duties thereof; and every justice who shall take any information out of petty sessions is hereby required forthwith to transmit the same to the clerk of the district to which the same shall properly belong:

4. He shall perform the duties of his office in person, and not by deputy, except in cases of sickness, unavoidable absence, or other emergency, when the justices at petty sessions may appoint some other person to act as clerk at such petty sessions for the time being; and such substitute shall, if required by the justices, enter into security for the due discharge of his duties in such manner as the justices shall think fit:

5. In case no justice shall be in attendance for one hour after the time appointed for the holding of any petty sessions, it shall be lawful for the clerk to adjourn the holding of such petty sessions, and the hearing of all proceedings thereat, to the next petty sessions day; and upon such adjournment being made he shall make an entry thereof in the minute book, and post a notice thereof on the door of the petty sessions court-house: All persons summoned or under recognizance to attend at such adjourned sessions shall, without fresh summons or recognizance, be bound to attend on the day to which such adjournment shall have been made:

6. In every case of an appeal from a summary conviction for any offence, and when the appellant shall have entered into a recognizance to prosecute such appeal, the clerk shall forthwith cause a notice of such appeal having been entered into to be duly served upon the complainant, who shall be the respondent in such appeal; and the said service shall be effected in like manner as summonses are now by law required to be served; and by the said notice the respondent shall be required to attend with the necessary witnesses on the hearing of such appeal: The stamp duty on such notice and the expenses of service thereof shall be borne and paid by the appellant as part of the costs of the appeal: In case any respondent shall upon being served with such notice fail to comply with the exigency thereof, he shall be liable to a fine not exceeding five pounds, or such greater sum as the appellant may have been adjudged to pay upon such conviction, to be recovered and levied upon a prosecution by the constabulary as in other cases mentioned in the Petty Sessions (Ireland) Act, 1851: Provided always, that it shall be lawful for the justices upon the hearing of such matter to remit the whole or any part of such penalty, if they shall be of opinion that the respondent in such appeal had any sufficient excuse for such his noncompliance.

Lord Lieutenant to fix salary of petty-sessions clerk, upon recommendation of justices.

9. It shall be lawful for the justices of every petty sessions to recommend to the Lord Lieutenant the amount of annual salary which, in their opinion, should be paid to the clerk of such petty sessions, regard being had to the extent of the duties of his office; and every such recommendation shall be transmitted to the Lord Lieutenant by such clerk; and the Lord Lieutenant, after due consideration of any such recommendation which may be so transmitted to him, shall determine the class in which such petty sessions clerk shall be included, and shall fix the amount of salary to be paid to such clerk, . . . and the better to enable the Lord Lieutenant to ascertain and fix, or, as occasion may require, to alter such salary, the justices of each petty sessions district shall, when required so to do by the Chief or Under Secretary, cause due and faithful returns to be made of the amount of business done and of all fees and fines received in such petty sessions district, for the period required, not exceeding seven years next previous to such requisition; and the amount of salary when so fixed shall be duly notified by the Chief or Under Secretary to the registrar, and also to the justices of the petty sessions district; . . .

Allowance for contingencies, &c.

14 & 15 Vict. c. 93.

10. It shall be lawful for the Lord Lieutenant to direct that such annual or other allowance as he shall think right shall be made to each petty sessions district for the payment of postage, and for the purchase of books, stationery, court requisites, expenses of court-house, and other matters; it shall also be lawful for the Lord Lieutenant from time to time to make such allowance as he shall consider fit and reasonable to the clerks of the justices in the borough of Cork and the town of Belfast, to enable them to provide such competent assistants as the nature and extent of their duties or the exigencies of the case may require.

Petty sessions clerk shall give security.

11. Every person who shall be appointed or shall act as clerk of petty sessions under the provisions of this Act shall, before entering on such his office, give security for the due discharge of his duties as such clerk; and such security shall be given by a recognizance, with two sureties, to be approved of by any two of the justices of his district or districts, in double the amount of the annual salary of such petty sessions clerk; and every such recognizance may be in the form (B.) in the schedule to this Act, or to the like effect; and the same shall, when perfected, be deposited by the justices with the registrar at his office in Dublin: Provided always, that, notwithstanding anything herein-before contained, it shall be lawful for the Lord Lieutenant to direct that the security of any guarantee society established by charter or Act of Parliament in Great Britain or Ireland may be accepted in lieu of such security by recognizance as aforesaid; provided also, that it shall be lawful for the Lord Lieutenant, when and so often as, from the death or insolvency of sureties or other circumstances, he shall think right so to do, to direct that new security shall be given and entered into, by recognizance or otherwise, as he shall direct; and the same shall be given and entered into accordingly.

Gratuity or pension may be given to retiring clerks.

12. Whenever, under the provisions of this Act, any person shall cease to hold the office of clerk of petty sessions, by reason of inability to perform its duties, or by reason of the consolidation of petty sessions districts, or the consolidation of the office of clerk, it shall be lawful for the Lord Lieutenant, if he shall so think fit, upon the recommendation of the justices of the district of which such person had been the petty sessions clerk, and by an order under the hand of the Chief or Under Secretary, to direct that out of the fund at his disposal herein-after mentioned such person shall be paid such gross sum by way of gratuity, or such annual sum by way of pension, as to the Lord Lieutenant shall under all the circumstances appear to be just, such gratuity not in any case to exceed the amount of three years’ fees, and such pension not in any case to exceed two thirds of the salary which such person had received as clerk of petty sessions previous to his vacating office; and such pension shall in every case cease to be paid when such person shall have been appointed to the office of petty sessions clerk of any district or districts, or to any other public office or situation which shall appear to the Lord Lieutenant to be of equal value with the office of petty sessions clerk which such person shall have ceased to hold.

All salaries, &c. to be paid under order of Lord Lieutenant, &c. half-yearly.

13. Every salary payable to any clerk of petty sessions, and every annual sum payable by way of compensation or superannuation allowance, under the provisions of this Act, as aforesaid, shall be made payable by virtue of an order of the Lord Lieutenant, under the hand of the Chief or Under Secretary; . . .

Stamps on documents.

14. Every document enumerated in the schedule (C.) to this Act annexed shall after the first day of January one thousand eight hundred and fifty-nine be printed or written upon paper bearing a stamp denoting the amount or value set opposite to such document in that schedule; and where any such document shall consist of more than one sheet, the first sheet only shall be impressed with the stamp; and no fees, other than those contained in schedule (C.), nor any stamp duties, shall be payable in respect of any of the documents therein enumerated.

Commissioners of Inland Revenue to provide dies, &c.

15. The Commissioners of Inland Revenue shall provide all necessary dies for denoting such fees, either by impressed or adhesive stamps; and the registrar shall, under the direction and supervision of the Chief or Under Secretary, cause a sufficient supply of the said forms in schedule (C.) to be printed; and the said Commissioners shall cause any of such forms to be stamped according to this Act with proper stamps denoting the fees thereon; and the registrar shall cause the same, when so stamped, and also any adhesive stamps that may be necessary, to be from time to time furnished to the several petty sessions clerks in Ireland, and also to such of the distributors and subdistributors of stamps in Ireland as may apply for and be willing to sell the same by retail at the price or sum impressed or denoted thereon; and he shall also cause any stamped forms of summonses, informations, and warrants, and also any adhesive stamps that may be necessary, to be furnished to the several sub-inspectors or other officers of constabulary for the use of the constabulary force under their control; and for the purposes aforesaid the said Commissioners shall supply the registrar with such stamped forms and adhesive stamps for denoting any of such fees, under such rules and regulations as the Chief or Under Secretary shall from time to time make or direct; and all the costs and expenses incurred by the Commissioners under this Act shall be paid by the registrar out of the monies which shall come to his hands in respect of such fees.

Power to justices to enforce payment of fees in certain cases.

14 & 15 Vict. c. 93.

16. In case the person who shall be liable, under the provisions of this Act or any other Act or Acts, to pay any of the fees denoted by stamps upon any of the forms or proceedings set forth in schedule (C.) to this Act annexed, shall fail to make such payment, it shall be lawful for the justice or justices at petty sessions to make a summary order, on the complaint of the clerk of such petty sessions, to require the payment of such fees; and such order shall be enforced in like manner as any order of a justice or justices may now be enforced under the provisions of the Petty Sessions (Ireland) Act, 1851.

Accounts and allowances, &c., on supply of stamps.

17. Upon every such supply being made to any petty sessions clerk as aforesaid, his receipt for the amount so supplied to him shall be taken by the registrar, and the stamped forms and adhesive stamps so supplied shall be accounted for in manner herein-after mentioned; and the stamped forms and adhesive stamps to be supplied to the sub-inspectors or other, officers of constabulary shall be sold and supplied upon payment of the amount impressed upon or denoted by the stamp; and upon the sale and supply of stamps as aforesaid to distributors and sub-distributors of stamps an allowance or discount from the amount of the stamps shall be made at and after the rate of one shilling in the pound.

The provisions of the Stamp Acts, so far as applicable, to extend to stamps under this Act.

18. The provisions contained in the several Acts for the time being in force relating to stamps under the care and management of the Commissioners of Inland Revenue shall (so far as the same are applicable and consistent with the provisions of this Act) in all cases not hereby provided for be in full force and effect with respect to the stamps to be provided under the provisions of this Act, and shall be applied and put in execution for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually, to all intents and purposes, as if such provision had been adapted to and specially enacted by this Act in reference to the stamps hereby provided.

Justices may remit fees.

19. It shall be lawful for the justices at petty sessions, in any case where they shall be satisfied of the inability of the party liable thereto to pay such fees, to remit, in whole or in part, the fees payable in respect of the stamped forms to be used therein; and on the occasion of every such remission some one of the justices shall, by endorsement on the forms or by a separate certificate, notify such remission accordingly, and the cause thereof.

Allowance for stamps spoiled. &c.

20. The Lord-Lieutenant may from time to time make regulations for the allowance of such of the stamps issued under the provisions of this Act as may have been spoiled or rendered useless or unfit for the purpose intended, or for which the owner may have no used, or which, through mistake or inadvertence, may have been improperly or unnecessarily used, or where the fee has been remitted; and allowance shall be made either by giving other stamps in lieu of the stamps so allowed for, or by repaying the amount or value to the owner or holder thereof, after deducting the discount or poundage (if any) that may have been allowed for the sale or distribution of such stamps.

Stamps issued to constabulary, how to be disposed of.

21. When any of such forms or stamps shall be issued by the registrar to any sub-inspector or other officer of constabulary, he shall distribute the same as he shall think fit amongst the several constabulary stations or sub-stations within the districts to which his duties shall extend, to be used and employed only in the cases of prosecutions by the constabulary.

Petty sessions clerk shall fill up forms when required.

22. Every petty sessions clerk shall, when required so to do, and as a part of his duty, and without charge, properly fill up all stamped forms that may be purchased of him, or brought to him for that purpose.

[Ss. 23, 24 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Allowances in case of prosecution by constabulary or public officer.

25. Whenever any case at petty sessions shall be prosecuted by the constabulary or any public officer on behalf of the Crown, some one of the justices at petty sessions shall, when required so to do, endorse upon each of the stamped forms used in and for the purpose of such prosecution the words “constabulary prosecution,” or “public prosecution,” as the case may be, and sign his name thereto; and the sub-inspector or other officer to whom the forms so used and endorsed as aforesaid may have been supplied shall, upon production thereof to the registrar, and upon his making a solemn declaration that no part thereof has been recovered as costs of prosecution or is likely to be so recovered, be entitled to receive and shall receive other stamped forms to the nominal amount or value of those so produced as aforesaid.

Remuneration of registrar.

26. It shall be lawful for the Lord Lieutenant by any writing under his hand, to direct that the registrar shall have and be allowed to retain such annual sum as the Lord Lieutenant may think fit by way of remuneration for his trouble in performing the duties imposed on him by this Act.

Accounts of registrar.

27. The registrar shall make out and prepare an annual statement of his accounts under this Act at such time and in such form as the Lord Lieutenant shall direct, and the same shall be audited by the Chief or Under Secretary; and such account, when so made out, prepared, and passed, shall be laid before Parliament within twenty days after the commencement of the then next session thereof.

The fund arising from fines, &c, to be at Lord Lieutenant's disposal.

11 & 12 Vict. c. 92.

28. In addition to the fees by this Act provided, the fund arising from the collection of fines, amerciaments, and forfeited recognizances imposed or levied at petty sessions in Ireland, shall be at the disposal of the Lord Lieutenant for the several purposes of this Act, except as regards all fines, penalties, and forfeitures under the Fisheries (Ireland) Act, 1848, which shall be recovered and applied as is in the said Act provided, anything to the contrary in any Act of Parliament contained notwithstanding: Provided always, that it shall not be lawful to award to the informer more than one third of any such fine or penalty.

General rules.

29. It shall be lawful for the Lord Lieutenant to make such general rules as shall seem to him expedient for the purpose of carrying into effect the provisions of this Act, and from time to time to amend and vary such rides as occasion shall require.

Extent of Act.

30. This Act shall extend to Ireland only; but nothing herein contained shall apply to the borough of Dublin or to the Dublin Metropolitan Police District.

SCHEDULES.

[Sched. (A.) rep. 55 &.56 Vict. c. 19. (S.L.R.)]

Schedule (B.)

Sect. 11.

Form of Recognizances on Appointment of Petty Sessions Clerk.

G.H., one of the justices of the peace for the county of     .

Whereas the said A.B. hath been lately appointed to the office of petty sessions clerk for the district [or districts] of          , &c.: Now the condition of the above-written recognizance is such, that if the said A.B. shall well and faithfully account for all moneys which shall come to his hands or power by virtue of such his office, and shall carefully preserve all books and other property that may be entrusted to his charge, and deliver up the same when he shall be required so to do by the Lord Lieutenant, or the justices of the district to which such books or other property shall belong, and shall well and faithfully perform all and singular the duties by law imposed or to be imposed upon him as such petty sessions clerk as aforesaid, then the said recognizance to be void, or else to remain in full force.

Schedule (C.)

Sect 14.

Forms.