Stipendiary Magistrates Act 1858
| Jurisdiction | UK Non-devolved |
| Citation | 1858 c. 73 |
| Year | 1858 |
(21 & 22 Vict.) C A P. LXXIII.
[2d August 1858]
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:
I A Stipendiary Magistrate may do alone all Acts authorized to be done by Two Justices.
I. Every Stipendiary Magistrate appointed for any City, Town, Liberty, Borough, Place, or District, sitting at a Police Court or other Place appointed in that Behalf, shall have Power to do alone any Act and to exercise alone any Jurisdiction which under any Law now in force, or under any Law not containing an express Enactment to the contrary hereafter to be made, may be done or exercised by Two Justices of the Peace, and all the Provisions of any Act of Parliament auxiliary to the Jurisdiction of such Justices shall be applicable also to the Jurisdiction of such Stipendiary Magistrate.
II Foregoing Enactment to extend to Acts required to be done at Petty Sessions.
II. The Authority and Jurisdiction given to a Stipendiary Magistrate by the Enactment herein-before contained shall extend and apply as well to the Cases where the Act or Jurisdiction is or hereafter may be expressly required to be done or exercised by Justices sitting or acting in Petty Sessions as to other Cases, and any Enactment authorizing or requiring Persons to be summoned or to appear at such Petty Sessions shall in the like Cases authorize or require Persons to be summoned or to appear before the Stipendiary Magistrate having Jurisdiction at the Police Court or other Place appointed for his sitting.
III Saving Jurisdiction of Quarter and Special Sessions, and as to Licences.
III. Nothing herein-before contained shall extend to Acts to be done or Jurisdiction to be exercised at the General or Quarter Sessions of the Peace, or to Acts or Jurisdiction expressly required (by any existing or future Law) to be done or exercised at Special Sessions, or to any Act or Jurisdiction in relation to the Grant or Transfer of any Licence.
IV Saving as to Metropolitan Police Magistrates.
IV. Nothing herein-before contained shall extend, alter, or affect in any Manner the Powers or Authorities of the Magistrates appointed or to be appointed to the Police Courts in the Metropolitan Police District.
V As to Extent of Section 22. of 11 & 12 Vict. c. 43.
V. Section Twenty-two of the Act of the Session holden in the Eleventh and Twelfth Years of Her Majesty, Chapter Forty-three, shall extend and be deemed to have extended to all Cases in which it is returned to a Warrant of Distress issued under the Authority of such Act for levying any Penalty, Compensation, or Sum of Money adjudged or ordered to be paid by any Conviction or Order that no sufficient Goods of the Party against whom such Warrant was issued can be found, where the Statute on which the Conviction or Order is founded provides no Mode of raising or levying such Penalty, Compensation, or Sum of Money, or of enforcing Payment of the same, as well as to Cases where the Statute on which the Conviction or Order is founded authorizes the...
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