or place, to be clerk of the peace in the place of such person so amoved as aforesaid, to have, hold, and enjoy the said office of clerk of the peace, and to execute the same by himself or his sufficient deputy, and to receive the fees, profits, and perquisites thereof. liable to &c. 7. Provided always, That he shall be liable and subject to No clerk all the penalties, forfeitures, conditions, limitations, and pro- penalties, visions herein and hereby mentioned and expressed, and may be c amoved or discharged by the said justices, or the major part of them, in such manner and way as is above specified. not to take Penalty on 8. It shall not be lawful for any custos rotulorum or other Custos, &c., person to whom of right it doth or shall belong, to nominate, fee or elect, or appoint any clerk of the peace, to sell the said place of reward. clerk of the peace, or to take any bond or other assurance to receive, to have any reward, money, fee, or profit, directly or indirectly to him or any other person for such nominating, electing, or appointing; but every such custos rotulorum or other person that shall so sell the clerkship of the peace, and every clerk of the peace who shall so buy his place, are hereby buyer and disabled to hold their places of custos rotulorum or clerkships of the peace, and shall also each of them respectively forfeit double the sum or value of other things that shall be so given or taken, to be recovered by him or them to their own use that shall sue for the same, to be prosecuted by any action of debt, suit, bill, plaint, or information, in any of their majesty's courts at Westminster, wherein no essoin, protection, or wager of law shall lie. seller. 9. Every clerk of the peace, before he enter upon the exe- Clerk of the cution of his said office, shall in open sessions take the oath peace to following, viz.: I, A. B. do swear that I have not, nor will pay any sum or sums of money or other reward whatsoever, nor given any bond or other assurance to pay any money, fee, or profit, directly or indirectly, to any person or persons whomsoever, for such nomination or appointment. So help me God Clerk of the Peace's Fees. 10 ANNE, c. 4.] For regulating fees. ISLD. [May 19, 1711.] take the following oath. 10 ANNE c. 4. Island Act. 1711. clerk of the 10 Ann, c. 4, sec. 19.] The clerk of the peace's fees shall be: Fees of the For an order of sessions for a license to sell rum and £ s. d. peace. rum-punch, and bond For every presentment returned billa vera E 0 7 6 0 12 6 14 VIC. 3. 29. Island Act. 1851. Fees of the clerks of the Proviso. 14 VIC. c. 29.] To regulate the fees of the clerks of the peace and the clerks of the magistrates of this island. ISLD. [April 17, 1851.] 14 Vic. c. 29, sec. 1.] On and after the first day of May, peace fixed 1851, the clerks of the peace of the several parishes of this island in schedule. shall be entitled to demand and receive the fees set down in the schedule to this act annexed, marked A. Provided always, That when the duties of magistrates' clerks are performed by the clerk of the peace, he shall be entitled to demand and receive the fees and commutations payable to the magistrates' clerks in addition to the fees payable to him as clerk of the peace. peace may commute their fees. Clerks of the 2. In respect to all felonies and aggravated misdemeanours, indictable at the assize courts or quarter-session, or triable at petty sessions, and all duties at special and petty sessions, relating to offences or matters of public nature, or directed by two justices of the peace, and all duties performed by the respective clerks of the peace, in furtherance of the general criminal justice of the island, or in assisting the magistrates in public matters before them, the respective clerks of the peace, and clerks of the magistrates shall be paid by commutation or otherwise as may be provided, by any other act of the legislature of this island, to be passed during this or any future session of the assembly. Fees to be paid by 3. In respect of all other matters the said fees shall be payable persons re- and paid by the person requiring the services of such clerk of quiring the the peace, or clerk of the magistrates, unless such proceedings shall be directed by two justices of the peace as hereinbefore provided. List of fees to be exhibited. 4. It shall be the duty of each clerk of the peace and clerk of the magistrates in this island, under the penalty of £30 to be recovered by action of debt in the court of common pleas of the parish, for the use of such parish, to affix in a conspicuous part of the room or rooms, in which the justices hold their usual sittings in petty sessions, a fair and legible list or scale of all such fees as are herein provided, so that the public may at all times have access thereto. (a) These are old currency sums. The operation of this act and other acts relating to fees to clerk of the peace, is suspended by 14 Vic. c. 29 (post) to 31 Dec. 1854. In addition to which some other fees are allowed to clerks of the peace for divers ministerial duties imposed on them by local acts. Vide acts passim. Island Act. 1851. Quarterly fees, &c., to 5. Each clerk of the peace and magistrate's clerk shall once 14 Vic. c.29 in each quarter of every year during the continuance of this act make up an account in detail, of all and every the salary, or commutation fees, or other emoluments whatsoever received by account of him, either from public or private sources, in the execution of be made to his office during such quarter; such account to be made the 28th day of March, the 28th day of June, the 28th September, and 28th December, in each year; and to be verified on solemn affirmation, before any justice of the peace of this island, and lodged in the office of the clerk of the assembly within twenty days after such quarter days. up to clerk of assembly. return. 6. The returns to be made to the clerk of the assembly by Form of the clerks of the peace and magistrate's clerks under the fifth clause of this act, shall be made in the following form: A return of fees received by A. B. clerk of the peace (or magistrate's clerk) for the parish of to the day of from the 18 Description of work for which fees are received. day of each day inclusive. Drawing (fill in number here) indictments and attending trial, recording proceedings and all other business connected therewith, at £ each Taking ( ib. ) depositions or examinations Entering ( ib. extracts ( in all at ib. ) records, copies, and proceedings at ib. ib. (Fill in number here) certificates to be annexed to sheets of proceedings to be returned on writ of certiorari or mandamus per And in like manner and in the same form, all other fees, including salary, or commutation, shall be set forth, showing the number of each particular 14 VIC. c. 29. Island Act. 1851. Clerk of assembly's certificate duced to receivergeneral bero before pay to clerks of peace, &c. ment made Clerk of must reside in the item, the rate for each, and the 7. The receiver-general shall not pay any clerks, or clerk of the peace, or magistrate's clerk or clerks, any salary, or any other monies under the authority of this or any other act, except such clerk or clerks of the peace, or clerk or clerks of the magistrates shall produce a certificate to the said receivergeneral from the clerk to the house of assembly, that the returns required under the provisions of this act, up to the quarter preceding the application for payment of such salary or other monies, have been lodged with the clerk of the house of assembly. 8. Every clerk of the peace and clerk of the magistrates now peace, &c. in office, or hereafter to be appointed, shall reside within the parish or precinct for which he holds his appointment: Provided parish. always, That the clerks of the peace and magistrates' clerks of to Kingston, Kingston and Port Royal may reside in the parish of Kingston, Port Royal, Port Royal, or St. Andrew. Proviso as and drew. And not self more than four 9. Any clerk of the peace, or magistrate's clerk, who shall absent him- absent himself for the period of four weeks consecutively from his said office, without the consent in writing of three or more magistrates, in special sessions assembled, on satisfactory cause shown to them, shall be deemed and taken to have vacated his office. weeks. 10. This act in force till 31st December, 1854. SCHED. A. Clerks of the peace. Schedule A. Drawing indictment, and attending trial, recording proceedings, and all other business connected £ s. d. therewith Taking depositions or examinations in all other pro- Entering records, making copies and extracts per sheet of 160 words Each certificate to be annexed to proceedings Taking recognizance, each person Venire facias for each court 300 0 1 6 0 1 0 026 For each calendar not exceeding three for each court 0 4 0 All proceedings to be returned on writ of certiorari or mandamus per sheet of 160 words Servant's wages information and summons Attending at trial and all other work connected 40 Entering appeal, and filing recognizance Attending court on argument and all other business connected therewith, including recording Entering order Each copy (a) 0 6 |