Stipendiary Magistrate, Manchester and Salford Act 1854
| Year | 1854 |
(17 & 18 Vict.) C A P. XX.
[2d June 1854]
'WHEREAS by an Act (herein-after called the first-recited Act) passed in the Fifty-third Year of the Reign of KingGeorge the Third, intituled Manchesterand Salford in the Hundred of Salford in the County Palatine of Lancaster, and to provide, by means of a Rate in the said Townships and otherwise, a competent Salary to a Justice of the Peace acting within the said Townships, and to enable the Constables of Manchester and Salford to take Recognizances in certain Cases , it was provided, that the Justice to be appointed under the Provisions thereof should reside within One Mile of the Exchange in the Town of Manchester , or of the New Bailey Court House in the Town of Salford , and should daily (Sundays excepted) attend at the New Bailey Court House in Salford; and it was thereby also provided, that the said Township of Manchester should contribute Seven Eighth Parts and the Township of Salford One Eighth Part of the Salary payable to such Justice, which Salary was by the said Act fixed at One thousand Poundsper Annum: And whereas since the passing of the said Act Her present Majesty has granted a Charter of Municipal Incorporation to the said Township of Manchester , and the adjoining Townships of Chorlton-upon-Medlock, Hulme, Ardwick , and Cheetham , and the Extra-parochial District of Beswick , incorporating the same by the Name of the Borough of Manchester , and has by a subsequent Charter ordained that the Style of the said incorporated Borough should thenceforth be the City of Manchester , instead of the Borough of Manchester: And whereas a separate Commission of the Peace and a separate Court of Quarter Sessions have respectively been granted to and for the said City of Manchester , and a salaried Police Magistrate has been appointed for the same City; and by an Act passed in the Eighth Year of the Reign of Her present Majesty, intituled Georgethe Third, for the Appointment of a Stipendiary Magistrate to act within the Townships of Manchester and Salford, all the Powers and Provisions of the said recited Act of the Fifty-third Year of King George the Third, so far as they authorized or required the Payment by the said Township of Manchester of any Part of the Salary payable to the Police Magistrate thereunder appointed, or which authorized the making or levying of any Rate within the said Township of Manchester for the Purpose of raising such Salary or any Part thereof, and also any Provisions which directed, authorized, or required the Payment to the said Township of Manchester , or to any Person or Persons on behalf of such Township, of any Part or Portion of the Recognizances taken and estreated in the said County Palatine of Lancaster , have been repealed: And whereas since the passing of the said Act of the Fifty-third Year of George the Third Her present Majesty has granted a Charter of Municipal Incorporation to the said Township of Salford and Part of the adjoining Township of Broughton , which lies on the South Side of the River Irwell , and which Charter was confirmed by an Act passed in the Eleventh and Twelfth Years of the Reign of Her present Majesty, intituled And whereas by an Act passed in the Sixteenth Year of the Reign of Her present Majesty, intituled Salford,and otherwise improving the said Borough, and for other Purposes , the Township of Pendleton , the remaining Portion of the Township of Broughton theretofore not included within the Limits of the said Municipal Borough of Salford , and that Portion of the Township of Pendlebury which is comprised within the Parliamentary Borough of Salford , were incorporated, and included within the Limits of the said Municipal Borough of Salford , subject, however, to a Proviso that the said Act should not take effect until One Third in Number of the Inhabitant Householders of the Broughton District rated in the then last Assessment to the Poor's Rate for the Township of Broughton in an Amount exceeding One Half of the entire Amount of the said Rate on the Inhabitant Householders within the Broughton District should have signified under their Hands their Assent to the Incorporation of the Broughton District with the Municipal Borough of Salford; and it was also provided and declared by the said Act, that a Certificate under the Hands of Two Justices acting in and for the County Palatine of Lancaster , not being Burgesses of the then existing Borough, certifying that such Assent had been obtained, should be sufficient Evidence thereof: And whereas since the passing of the last-mentioned Act a Certificate has been duly given under the Hands of Charles James Stanley Walker and James Kershaw , Esquires, being such Justices as by the said Act in that Behalf is required, certifying that such Assent as aforesaid had been obtained: And whereas by an Act, hereinafter called the fourth-recited Act, passed in the Eighth Year of the Reign of Her present Majesty, intituled Georgethe Third, for appointing a Stipendiary Magistrate for the Townships of Manchester and Salford, and to provide a Stipendiary Magistrate for the Division of Manchester, Provisions were made for the Payment of a Salary to the Justice appointed under the herein-before first-recited Act, by Contributions payable by the Borough of Salford , and the other Townships and Places composing the Division of Manchester , and for the Appointment and Payment of Clerks to the said Justice and the other Justices, and for regulating the Place of Residence and the Times and Places for holding the Sittings of the said Justice: And whereas the several Townships or Places of Worsley, Barton-upon-Irwell, Clifton, Pendlebury, Pendleton, Flixton, Urmston, Blakeley, Bradford, Broughton, Chorlton-cum-Hardy, Crumpsall, Didsbury, Failsworth, Gorton, Harpurhey, Levenshulme, Moss Side, Moston, Newton, Openshaw, Reddish, Rusholme, Salford, Stretford, Withington, Great Heaton, Little Heaton, Prestwich , and Heaton Norris , now compose the Division of Manchester: And whereas Henry Leigh Trafford , Esquire, at the Time of the passing of this Act is the Stipendiary Justice appointed under the first and fourth recited Acts: And whereas it is expedient that Alterations should be made in the Times and Places of the holding of the Sittings of the said Stipendiary Justice, and in the Amount of Remuneration to be paid to him and to the Clerks to the said Stipendiary Justice and the Justices for the said Borough of Salford , and also that Alterations should be made touching the Appointment, Functions, and Duties of the said Stipendiary Justice, and that the said first and fourth recited Acts should be repealed; but the same cannot be effected without the Authority of Parliament:' May it therefore please Your Majesty that it may be enacted; and 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 Authority of the same, as follows; (that is to say,)
I Short Title of Act.
I. In citing this Act for any Purpose it shall be sufficient to use the Expression ‘TheManchester Division Stipendiary Justice Act, 1854.’
II Interpretation Clause.
II. That in this Act, and in any Act or Part or Parts of an Act incorporated herewith, and in all Appointments, Warrants, Orders, Convictions, Recognizances, Commitments, Judgments, Certificates, Allowances, and other Documents whatsoever made under the Provisions of this Act, the Words, Expressions, and Phrases respectively following shall be construed to have the Meanings hereby expressly assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
‘Stipendiary Justice’ shall mean the Stipendiary Justice appointed or any Stipendiary Justice hereafter to be appointed under the Provisions of this Act:
‘Borough Business’ shall mean all Business, Offences, Matters, and Things within the Cognizance of a Justice or Justices of the Peace arising or happening within the Limits of the Municipal Borough ofSalford , which said Borough comprises the Townships of Salford, Broughton , and Pendleton , and a Portion of the Township of Pendlebury as defined by the herein-before recited Act of the Sixteenth Year of the Reign of Her present Majesty:
‘Divisional Business’ shall mean all Business, Offences, Matters, and Things within the Cognizance of a Justice or Justices of the Peace arising or happening within the said Division ofManchester elsewhere than within the Limits of the Municipal Borough of Salford:
‘Clerk for Borough Business’ shall mean a Clerk or Clerks to the Stipendiary Justice and all other Justices having Jurisdiction for the Transaction of Borough Business:
‘Clerk for Divisional Business’ shall mean a Clerk or Clerks to the Stipendiary Justice for the Transaction of Divisional Business, except such as shall be done at any Sittings holden within the Townships or Places ofWorsley or Heaton Norris:
‘Justices of the Division’ shall mean Justices of the Peace of and for the County ofLancaster acting for the Division of Manchester in the said County of Lancaster:
‘Division ofManchester’ shall mean the Townships and Places of Worsley, Barton-upon-Irwell, Clifton , that Part of Pendlebury which is not within the Municipal Borough of Salford, Flixton, Urmston, Blakeley, Bradford, Burnage, Chorlton-cum-Hardy, Crumpsall, Didsbury,...
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