Criminal Justice. Average of Five Years immediately preceding the passing of this Act, or of such shorter Period as such Clerk of the Peace or other Officer shall have been in Office, of the Fees and Emoluments in Criminal Prosecutions received by such Clerk of the Peace or other Officer; and the said Commissioners shall, upon the like Application, also ascertain, in such Manner as they may think proper, the total Amount of Fees and Emoluments in Criminal Prosecutions received by such Clerk of the Peace or other Officer during any Year after the passing of this Act; and the said Commissioners are hereby authorized and empowered, by Warrant under their Hands, to award to such Clerk of the Peace or other Officer the Deficiency, when and so often as the same shall occur, between the last-mentioned Amount, and the annual average Amount so ascertained as aforesaid, and the Sum so awarded shall be paid out of any Monies which may be provided by Parliament for that Purpose; provided, that in all Cases where any such Clerk of the Peace, by reason of his being paid by Salary, under an Order made by virtue of the Act of the Session holden in the Fourteenth and Fifteenth Years of Her Majesty, Chapter Fifty-five, shall pay such 14 & 15 Vict. Fees and Emoluments as aforesaid to the Treasurer of the County c. 55. or Borough, for which he is Clerk of the Peace, in aid of the County or Borough Rate, as the Case may be, such Deficiency, when so ascertained as aforesaid, shall be paid to the Treasurer of such County or Borough respectively. XIX. And whereas by Section Nine of the Act of the Session 2 & 3 Vict. holden in the Second and Third Years of Her Majesty, Chapter c. 71. s. 9. Seventy-one, Provision is made for Payment, out of the Monies Power to inin the Hands of the Receiver of the Metropolitan Police District, Chief Magiscrease Salary of of such Salaries as Her Majesty shall direct, to the Magistrates trate to a Sum of the Police Courts of the Metropolis, the Salary to the Chief not exceeding "Magistrate not being more than One thousand two hundred Pounds, 1,500l. ' and to each of the other Magistrates not more than One thousand 6 6 two hundred Pounds: And whereas after the passing of the said 'Act, the Salary of the Chief Magistrate was fixed at One thou'sand two hundred Pounds, and the Salaries of the other Police Magistrates at One thousand Pounds: And whereas the Duties of the said Chief and other Magistrates have increased, and are subject under this Act to be further increased: And whereas the Salaries of such other Magistrates have, in consequence of such Increase of Duty, been increased from One thousand Pounds to the Limit permitted by the said Act, and it is expedient to autho• rize such Încrease of the Salary of the said Chief Magistrate as • herein-after mentioned:' The Salary to be paid out of the Monies aforesaid to the said Chief Magistrate shall be such yearly Sum, not exceeding One thousand five hundred Pounds, as Her Majesty may direct. 6 6 Provisions of 15 & 16 Vict. c. 73. for Payment by Salary to Clerks of As XX. And whereas by the Act of the Session holden in the Fifteenth and Sixteenth Years of Her Majesty, Chapter Seventythree, certain Powers were granted and Provisions made for the Payment to the several Clerks of Assize of annual Sums for • Salaries, and for the Expenses of their Office, in respect of their Duties as Associates, in lieu of the Fees and Emoluments apper- size for their 3 E 2 taining in lieu of Fees Criminal Justice. Duties as Associates, ex tended to the whole Office of Clerk of Assize, &c. " taining to those Duties: And whereas it is expedient that the Principle of Payment by Salary in lieu of Fees should be further provided for, and that the Clerks of Assize should be so paid for the Performance of all their other Duties:' Be it therefore enacted, That all Fees and Emoluments heretofore payable to the Clerks of Assize for the Performance of their Duties as Clerks of the Crown shall be and they are hereby abolished; and all the Powers and Provisions made by the before-mentioned Act, except as is herein-after provided, for the Payment of Clerks of Assize by Salary in lieu of Fees, in respect of their Duties as Associates, shall be and the same are hereby extended and made applicable to the Payment of Clerks of Assize by Salary, and the Expenses of their Ŏffices, in lieu of Fees and Emoluments, for the Performance of their Duties as Clerks of the Crown, and of all other Duties appertaining to the Office of Clerk of Assize: Provided always, that the Commissioners of Her Majesty's Treasury for the Time being shall fix and determine the Amount of Salary to be allowed to any subordinate Officer now employed, or who shall hereafter be employed by any Clerk of Assize, and shall be empowered to order the Payment of such Salary to the said Officers in the first instance, and not through the Medium of the Clerk of Assize: Provided also, that the Salaries and Expenses of the Officers of the said Clerks of Assize for the whole of their Duties on the Criminal and Civil Sides of the Court, shall be paid out of any Monies which may be provided by Parliament for that Purpose. XXI. And whereas by Acts of the Twelfth and Fourteenth 12 Ric. 2. c. 10. Years of King Richard the Second Payments are provided for 'Justices of the Peace and their Clerks in each County, as Wages by the Day for the Time of their Sessions, to be payable by the Sheriff, as therein mentioned, and in several Counties in England Sums are claimed from the Sheriffs and paid in respect of such statutory Wages, and it is expedient that such Payments should 'be discontinued:' Be it therefore enacted, That so much of the several Acts of the Twelfth Year of King Richard the Second, Chapter Ten, and of the Fourteenth Year of King Richard the Second, Chapter Twelve, or of any other Act now in force as directs or authorizes the Payment of Wages to Justices of the Peace and their Clerks for the Time of their Sessions, shall be repealed. So much of and 14 Ric. 2. c. 12., &c. as directs Pay ment of Wages to Justices and their Clerks repealed. In Cases of aggrieved may receive Compensation, &c. XXII. And whereas it is expedient to amend the Law as to Injuries to Pro-Witnesses in Cases of wilful or malicious Injuries to Property :' perty, Parties Be it further enacted, That in all Cases where any Justice or Justices of the Peace have or shall hereafter have Power to order a Sum of Money to be forfeited and paid to the Party aggrieved, as Amends or Compensation for any Injury to Property, Real or Personal, the Right of such Party to receive the Money so ordered to be paid shall not be affected by such Party having been examined as a Witness in Proof of the Offence, any Law or Statute to the contrary notwithstanding. Interpretation of Terms. XXIII. In the Interpretation of this Act" County" shall be construed to include Riding, Parts, Liberty, and Division of a County; "Borough" to include City, County of a City or Town, and and Town Corporate; "Property" to include everything included under the Words "Chattel, Money, or valuable Security," as used in the Act of the Session holden in the Seventh and 7 & 8 G. 4. c. 29. Eighth Years of King George the Fourth, Chapter Twenty-nine; and in the Case of any "valuable Security" the Value of the Share, Interest, or Deposit to which the Security may relate, or of the Money due thereon or secured thereby, and remaining unsatisfied, or of the Goods or other valuable Thing mentioned in the Warrant or Order, shall be deemed to be the Value of such Security. XXIV. This Act shall not extend to Scotland. SCHEDULE. Extent of Act. FORM (A.) Conviction. to wit. at BE it remembered, That on the of in the Year of our Lord Day in the said [County], A.B., being charged before us the undersigned of Her Majesty's Justices of the Peace for the said [County], and consenting to our deciding upon the Charge summarily, is convicted before us, for that [he the said A.B., &c., stating the Offence, and the Time and Place when and where committed]; and we adjudge the said A.B. for his said Offence to be imprisoned in the [House of Correction] in the said [County], [and there kept to Hard Labour] for the Space of at Given under our Hands and Seals, the Day and Year first to wit. on the Certificate of Dismissal. of Her Majesty's Justices of the Peace for the [County] of at certify, That in the Year of our Lord in the said [County] A.B. being charged before us, and consenting to our deciding upon the Charge summarily, for that [he the said A.B., stating the Offence charged, and the Time and Place when and where alleged to be committed], we did, having summarily adjudicated thereon, dismiss the said Charge. Given under our Hands and Seals, this Day in the [County] aforesaid. at of in the Year of our Lord Day in the said [County], A.B., being charged Given under our Hands and Seals, the Day and Year first aforesaid. J.S. (L.S.) H.M. (L.S.) 1 & 2 Vict. c. 106. 13 & 14 Vict. c. 98. CA P. CXXVII. An Act to make better Provision for the Union of contiguous Benefices, and to facilitate the building and endowing of new Churches in spiritually destitute Districts. [14th August 1855.] HEREAS an Act was passed in the Second Year of Her Majesty's Reign, intituled An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the 'Residence of the Clergy; and in such Act Provision is contained authorizing the Union, by Order of Her Majesty in Council, ' after such Inquiry and Notice, and with such Consent, and upon such Certificate as is therein mentioned, of Two or more Bene'fices, or One or more Benefice or Benefices, and One or more Spiritual Sinecure Rectory or Rectories, Vicarage or Vicarages, ' in the same Parish, or contiguous to each other, of which the aggregate Population should not exceed One thousand five hundred Persons, and the aggregate yearly Value should not 'exceed Five hundred Pounds: And whereas another Act was passed in the Fourteenth Year of Her Majesty's Reign, intituled An Act to amend the Law relating to the holding of Benefices in 'Plurality, by which Act the Provision herein-before referred 'to was extended so as to be applicable to and for the Union of 'Benefices, Sinecure Rectories, and Vicarages in the same Parishes or contiguous to each other, and of which the aggregate Population should not exceed One thousand five hundred Persons, notwithstanding the aggregate yearly Value should exceed Five hundred Pounds: And whereas it is expedient to amend the said recited Acts, and further to extend the same, so as to make better Provision for the Union of contiguous Benefices in Cases "where such Union may be advantageous to the Interests of Religion' Be it therefore enacted by the Queen's most Excellent Majesty, Union of contiguous Benefices. 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. Under the Provisions of this Act, it shall and may be lawful Contiguous to unite Two or more Benefices or One or more Benefice or Bene- Benefices may fices and One or more Spiritual Sinecure Rectory or Rectories, be united without regard to Vicarage or Vicarages, contiguous to each other, without regard to aggregate Population or aggregate yearly Value, and without any Limitation as to the same, and that the Union of such Benefices shall and may be effected in the Manner herein-after provided. aggregate Population, &c. On Representa tion of Inhabitants of any Two rishes that their the same. II. Whenever it shall be represented in Writing to the Bishop of the Diocese by the Inhabitants of any Two or more such Parishes in Vestry assembled, or the major Part of them respectively, due Notice of the Representation proposed to be made or more Pahaving been given in the usual Manner, that the Benefices of Benefices might the Parishes of which they are Inhabitants may, with Advantage be advantageto the Interests of Religion, be united, the Bishop of the Diocese ously united, to whom such Representation in Writing may be made shall the Bishop shall inquire into the Circumstances of the Case; and if on such inquire into Inquiry it shall appear to such Bishop that such Union may usefully be made, and that the Patron or Patrons of the Benefices, Rectories, or Vicarages proposed to be united are consenting thereto, such Consent being signified in Writing under the Hands of such Patron or Patrons, or that the Patronage of any new Church or Churches proposed to be erected under this Act is to be vested in such Patron or Patrons as herein-after is provided, the said Bishop shall cause a Statement in Writing of the Facts, certified and signed by himself, to be submitted to Her Majesty's Commissioners for building new Churches, and the said Commissioners shall institute Inquiry, and, if they see fit, may propose a Scheme for the Union of such Benefices and for the other Purposes of this Act; and Her Majesty's said Commissioners shall and may for the Purposes of this Act, exercise such Powers and Privileges as they now exercise or claim to exercise for the Purchase of Sites, the Erection of new Churches, and other Objects within the Commission of the said Commissioners, to the full Extent as such Powers and Privileges are now exercised or claimed to be exercised by the said Commissioners. III. Whenever it shall appear to the Commissioners for building new Churches, upon Inquiry into the Circumstances of the Case, that the total Revenue of any Benefices proposed to be united would be more than sufficient for the due Maintenance and Support of the Incumbent of the Benefice when united, and of such Curate or Curates as may be needed for the same, and that the whole or some specified Part or Parts of the Glebe Lands, Houses, Tithes, Tenements, or Hereditaments, or other permanent Endowments in lieu of Tithes, belonging to the Benefice or Benefices proposed to be united, or any of them, might with Advantage to the Interests of Religion be made subject to a certain annual Rentcharge in perpetuity in favour of some other specified Benefice in the same Diocese, or be excepted out of such Union, and trans3 E 4 ferred Church Building Commissioners may for Transfer of surplus Revenues to poor Parishes. propose Scheme |