Metropolitan Police Courts Act 1839
| Jurisdiction | UK Non-devolved |
| Citation | 1839 c. 71 |
| Year | 1839 |
(2 & 3 Vict.) C A P. LXXI.
[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 RiverThames 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 Authorityof the same, That the several Police Courts now established under the Names of the Public Office inBow 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.
II Her Majesty in Council may alter the Number and Situation of the Courts, &c.
II. And be it enacted, That it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to alter the Number of the Police Courts, and to alter 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 always, that there shall not at any Time be more than Twenty-seven such Magistrates.
III Vacancies to be supplied by Her Majesty from Barristers.
III. And be it enacted, That to supply such of the present Vacancies and also such other Vacancies among the Magistrates of the said Courts which 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 way 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 atWestminster the Oaths taken and subscribed by Justices of the Peace, except the Oath of Qualification.
IV Magistrates, &c. exempt from serving on Juries.
IV. And be it enacted, That the said Magistrates, 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.
V Appointment of Clerks, Ushers, Door-keepers, and Messengers.
V. And be it enacted, That One of Her Majesty's Principal Secretaries of State shall fix the Number of 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 Cour of Law atWestminster , 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 Session 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 empowered 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.
VI No Magistrate or Officer of the Courts to vote at certain Elections.
VI. And be it enacted, That none of the said Magistrates, Clerks, Ushers, Door-keepers, or Messengers appointed by virtue of this Act shall, during the 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 ofMiddlesex 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 be 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 Majesty's Courts of Record at Westminster within the Space of One Year after such Offence committed: Provided nevertheless, that nothing in this Act contained shall extend to subject any such Magistrate, Clerk, Usher, Door-keeper, or Messenger to any Penalty for any Act done by him at or concerning any of the said Elections in the Discharge of his Duty.
VII Receiver of Metropolitan Police to be Receiver under this Act.
VII. And be it enacted, That the Receiver of the Metropolitan Police District for the Time being shall be the Receiver of the said Courts, and shall receive all Fees, Penalties, and Forfeitures and other Monies applicable to the Purposes of this Act, and shall pay quarterly the Salaries, Expences, and Charges attending the said Courts and in carrying this Act into execution, and shall make all such Contracts and Disbursements as shall be necessary for purchasing, hiring, fitting-up, and furnishing fit Buildings and Offices for holding the said Courts, in such Manner as shall be directed by One of Her Majesty's Principal Secretaries of State; and all the Estate, Interest, and Property of and in all Buildings so hired or purchased, and all Buildings already hired or purchased for the like Purposes, and the Fixtures and Furniture thereof, and all other Things needful to be had for the Purposes of this Act, shall be vested in the Receiver for the Time being, who may sell, assign, and dispose of the same, or any Part thereof, under the like Directions as Need shall be; and the Receiver shall prepare Plans and Estimates of all such Contracts and Disbursements as shall be needed for the Purposes aforesaid, and shall deliver the same to One of Her Majesty's Principal Secretaries of State, and shall further do all such other lawful Matters and Things having relation to the Business of his Office, and towards putting this Act into execution, as from Time to Time shall be directed by One of Her Majesty's Principal Secretaries of State.
VIII Extension of Powers and Duties of Receiver when acting under this Act.
VIII. And be it enacted, That all the Provisions and Enactments contained in an Act passed in the Tenth Year of the Reign of KingGeorge the Fourth, intituled , relative to the drawing and accounting for Monies which may come into the Hands of the Receiver of the...
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