Petty Sessions (Ireland) Act 1851

JurisdictionUK Non-devolved
Citation1851 c. 93
Anno Regni VICTORI, Britanniarum Regin, Decimo Quarto & Decimo Quinto. An Act to consolidate and amend the Acts regulating the Proceedings at Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions, inIreland .

(14 & 15 Vict.) C A P. XCIII.

[7th August 1851]

'WHEREAS it is expedient to consolidate and amend the Acts regulating the Proceedings at Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions, inIreland :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consentof the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That—

S-I Existing Districts, &c. confirmed where they require no Alteration;

I Existing Districts, &c. confirmed where they require no Alteration;

I. The several Petty Sessions Districts into which any County or Riding of a County inIreland is now divided, and the Places and Times at which Petty Sessions are now appointed to be held therein, shall, until altered in the Manner herein-after provided, be the several Districts, Places, and Times in such County or Riding for the Purposes of this Act: But whenever it shall appear to the Justices at Quarter Sessions that any of the said Districts, Places, and Times now fixed (or which shall hereafter be fixed) in any County or Riding require Alteration, or whenever they shall be called upon so to do either by theLord Lieutenant or by a Requisition signed by any Seven or more of the Justices of any County or Riding, they shall proceed at the next Quarter Sessions which shall be held for such County or Riding, or at any Adjournment of the same for that Purpose, to revise the said Districts, Places, and Times, subject to the following Provisions:

S-1 To divide the County into Petty Sessions Districts:

1 To divide the County into Petty Sessions Districts:

1. They shall divide such County or Riding into convenient Petty Sessions Districts for the Purposes of this Act, and shall declare the several Parishes or Townlands of which each of such Districts shall consist; and in so doing it shall be lawful for them, with the Concurrence of the Justices of any adjoining County assembled at any like Quarter Sessions, or at any Adjournment of the same, to include in any of such Districts any Townlands of such adjoining County, where it shall be conducive to the Public Convenience, and where no Part of such Townlands shall be at a greater Distance than Seven Miles from the Place where Petty Sessions shall be held for the District to which same shall be annexed:

S-2 To fix Place for holding Petty Sessions:

2 To fix Place for holding Petty Sessions:

2. They shall also fix some One convenient Place within each District at which Petty Sessions shall be held for the same:

S-3 To fix Times for holding Petty Sessions:

3 To fix Times for holding Petty Sessions:

3. They shall also fix the Times when Petty Sessions shall be regularly held in each District; but it shall be lawful for the Justices of each District afterwards to fix the particular Days in each Week upon which such Petty Sessions shall be held:

And whenever any of the said Districts, Places, and Times shall have been so fixed or altered, the Clerk of the Peace shall forthwith enter all Particulars as to the same in the Crown Book, and shall transmit a certified Copy of such Entries to the Secretary of the Grand Jury, to be laid before such Grand Jury at the then next ensuing Assizes, (and in the County ofDublin at the then next ensuing Presentment Term,) and the same shall be printed with the Presentments: Provided always, that when it shall appear to such Justices at Quarter Sessions that such Alteration is required, or whenever a Requisition for the Consideration of an Alteration shall be received from the Lord Lieutenant, or from Seven or more Justices as aforesaid, the Clerk of the Peace of the County shall transmit a Notice in Writing of the intended Consideration of such Alteration to every Justice of the County or Riding, as the Case may be, and such Notice, stating the Time and Place appointed for the Consideration of such Alteration, shall be transmitted at least One Month before the Time so appointed.

S-II Appointment of Clerk.

II Appointment of Clerk.

II. It shall be lawful for the Justices of each Petty Sessions upon the passing of this Act, or whenever afterwards any Vacancy shall occur by reason of the Death, Resignation, or Dismissal of any Clerk, to appoint some Onefit Person to act as Clerk of such Petty Sessions; but previous to entering upon the Duties of the said Office the said Clerk shall enter into a Recognizance (Form C.), before some Justice of the County, conditioned for the due Discharge of the several Duties required of him under the Provisions of this Act, with One or more Sureties, and in such Amount as the Lord Lieutenant shall direct.

S-III The Clerk to be entitled to certain Fees.

III The Clerk to be entitled to certain Fees.

III. The said Clerk of Petty Sessions shall be entitled to demand and receive, from the Persons at whose Instance the several Proceedings by or before any Justice or Justices shall be taken, the following Fees in respect to the same:

Drawing each Information, Deposition, or solemn Declaration (not being a Declaration as to the Loss of Pawnbrokers Duplicates, or as to the Admission of Paupers into Poorhouses)

s. d.

1 0

Copy of any written Information or Complaint in Summary Proceedings

0 6

Drawing any Notice required by Law in Proceedings by or before Justices (when required by the Party)

0 6

Summons, and Copy

0 6

Warrant (except in any Case of a Committal for an Offence in which the Justices may see fit to remit the Fee)

0 6

Entry of each Order

0 6

Certificate of Order

1 0

Recognizance (when required by the Party or by the Justices to prepare the same, and when not at foot of a Deposition or Information)

1 0

Appeal (including the Recognizance to prosecute)

2 0

But the Clerk shall not be entitled to demand or receive a greater Amount of Fees for any Set of Informations, or for any Set of Summonses, or for any Set of any other Documents of the same Kind in the same Case than Two Shillings in the whole for each Set, unless the Justices shall specially authorize a greater Amount, but not in any Case exceeding the above Fees; nor shall he be entitled to demand or receive any of such Feesin any Case in which the Justices shall see fit to remit the same; nor shall he be entitled to receive any of such Fees in any Case of an Offence prosecuted by the Constabulary or by any public Officer on behalf of the Crown, unless where Costs shall be awarded to the Prosecutor and recovered by him, in which Case such Clerk shall be entitled to demand and receive from such Prosecutor the legal Feesto an Amount not exceeding the Amount of such Costs; and the said Clerk shall keep an Account of all Fees received by him under this Act in such Form and Manner as the Justices shall direct; and in case the said Fees shall amount to a greater Sum than the Justices shall deem an adequate Remuneration for such Clerkthey way appropriate the Surplus to the Payment of Postage or to the Purchase of Stationery or other Court Requisites for their Use at Petty Sessions; and a printed List of Fees which the Clerk shall be entitled to receive under this Act shall be posted in a conspicuous Part of the Court Houseor Place in which the Petty Sessions shall be held in such Manner as the Justices shall direct.

S-IV

IV. The said Clerk shall hold the said Office of Clerk of Petty Sessions subject to the following Provisions:

S-1 To follow no Occupation inconsistent with his Duties, and forfeit Office if he engages in certain Employments:

1 To follow no Occupation inconsistent with his Duties, and forfeit Office if he engages in certain Employments:

1. He shall not, during the Time that he shall hold such Office, practise as an Attorney or Solicitor in any Case either at such Petty Sessions or at the Quarter Sessions of the Division of the County in which such Petty Sessions shall be situated, nor shall he act as the Clerk of any Attorney or Solicitor so practising, or as the Clerk of a Poor Law Union, or as a Collector of any Public Tax, or as a Pound Keeper, or as the Keeper or Partner in keeping any Inn or Public House, nor shall he engage in any other Business or Occupation which shall appear to the Lord Lieutenant or to the Justices to be inconsistent with his Duties as Petty Sessions Clerk; or if he shall so act or engage, he shallipso facto cease to hold such Office of Petty Sessions Clerk, and shall also be liable to the Penalties herein-after provided:

S-2 To hold Office at the Pleasure of the Justices, and be dismissed by Lord Lieutenant:

2 To hold Office at the Pleasure of the Justices, and be dismissed by Lord Lieutenant:

2. He shall hold his Office during the Pleasure of the Justices of the District:

S-3

3. He shall be subject to be dismissed by the Lord Lieutenant for Neglect, Misconduct, or Incompetency in the Discharge of his Duties as Petty Sessions Clerk:

And the said Clerk shall perform the Duties of his Office in Person, and not by Deputy, except in case of his 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, who shall, if required by the Justices, enter into Security in like Manner as herein-before provided as to any Clerk.

S-V Duties of Clerk;

V Duties of Clerk;

V. The Clerk of Petty Sessions shall perform the following Duties:

S-1 To make Minutes and Entries in Books:

1 To make Minutes and Entries in Books:

1. He shall make, when required by any of the Justices, a Minute of all special Proceedings, taken either in or out of Petty Sessions, in a Book to be kept for that Purpose, to be called the ‘Minute Book,’ and...

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