Officers of Clerks of the Crown and Clerks of the Peace (Ireland) Act 1836
| Jurisdiction | UK Non-devolved |
| Citation | 1836 c. 34 |
| Year | 1836 |
(6 & 7 Will. 4) C A P. XXXIV.
[14th July 1836]
'WHEREAS by an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty KingGeorge the Fourth, intituled Ireland, it was enacted, that it should and might be lawful to and for the Justices of the Peace, save and except within the County of Cork, within their respective Jurisdictions, at theJanuary Sessions to be holden next after the passing of that Act, to divide the County, County of a City, or County of a Town for which such Sessions should be holden into Districts for the Purposes of that Act, in manner in the said Act mentioned: And whereas there are some Counties in Ireland which were not so divided at the January Sessions holden next after the passing of the said Act, and it is expedient that the same should be so divided, notwithstanding the Time for doing so has expired:' Be it therefore enacted by the King'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, That it shall and may be lawful to and for the Justices of the Peace, save and except within the County ofCork , of any County, County of a City, or County of a Town, which has not been divided into Districts for holding Petty Sessions under the said recited Act, and they are hereby required, within their respective Jurisdictions, at the October Sessions to be holden next after the passing of this Act, or at any subsequent January Sessions, to divide the County, County of a City, or County of a Town for which such Sessions shall be holden into such Districts for the Purposes of the said recited Act and of this Act as to them shall seem most expedient, fixing within every such District a Place or Places wherein the Petty Sessions shall be holden for such District respectively; and every such Division may be altered, and such Order in Writing shall be made, specifying the Boundaries thereof, as is directed by the said recited Act, and the several other Matters directed to be done in respect of any such Division by the said recited Act shall be done and performed upon and in respect of every such Division made under the Authority of this Act, and every such Division shall be as valid and effectual to all Intents and Purposes as if the same had been made at the January Sessions next after the passing of the said recited Act, and every Petty Sessions Court held in any such District shall be subject to all the Rules and Regulations made and provided in and by the said recited Act as to the Appointment of a Clerk to said Court, and the taking of Fees therein, and to all other Matters to be done at such Court, or by any Magistrate or Magistrates therein, as if the same were expressly repeated in this Act and re-enacted herein, save so far as the same are varied or altered by this Act.
II Justices to take down the Evidence in Criminal Cases in Writing.
II. And be it further enacted, That in every Case where any Magistrate or Magistrates shall at any Petty Sessions Court appointed under the said recited Act or this Act proceed in a summary Way to try any Information or Complaint of a Criminal Nature, or upon which any pecuniary or other Penalty may be awarded, such Magistrate or Magistrates, or One of them if there be more than One, shall take or cause to be taken a Note or Minute in Writing of the Evidence given on Oath for the Prosecution and for the Defence, or of so much thereof as shall be material, in a Book to be kept in said Court by the Clerk of the said Petty Sessions, should the Plaintiff or Defendant so require it, with the Registry or Record of the Proceedings done at such Petty Sessions, and such Book shall be signed by the Justice or Justices by whom such Information or Complaint shall have been heard on the Day on which such Complaint or Information shall have been determined.
III Clerk of Petty Sessions to keep an Account of Fines paid to him.
III. And be it further enacted, That the Clerk of every Petty Sessions Court shall enter in the Book kept by him, containing a Record of the Proceedings at Petty Sessions, an Account in Writing of all Fines or Penalties, or Portions of Fines or Penalties, imposed at said Court, and paid to or deposited with him by Order of the Justices attending thereat or otherwise, and of the Appropriation thereof, and such Account shall be always open to the Inspection of any Justice at such Petty Sessions; and if he shall neglect to do so, or shall make any false Entry in such Account, he shall forfeit for every such Offence a Sum of Five Pounds, to be recovered by any Person who will sue for the same by Civil Bill before the Assistant Barrister of the County.
IV Clerks of Petty Sessions to make Returns to the Chief or Under Secretary.
IV. And be it further enacted, That once in every Three Months after the passing of this Act the Clerk of every Petty Sessions Court shall make out and transmit to the Chief Secretary to the Lord Lieutenant ofIreland , or in his Absence to the Under Secretary for the Time being, a Return under his Hand, in the Form in the Schedule to this Act annexed, of the Proceedings at such Petty Sessions, and also the Appropriation of all Fees, Fines, Penalties...
To continue reading
Request your trial