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Offences by officers and others.
Refusal to enter sum-mans.
Clerk taking more than his legal fees.
Clerk engaging in occupation inconsistent with his duties.
Service of summons.
Return of unexecuted warrants or execution of warrants.
Retaining petty sessions books, &c.
Hindering search for petty sessions books, &c.
Any other neglect of duty.
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35. Any of the officers or persons herein-after mentioned who shall commit any of the offences or neglects herein-after mentioned, and who shall be convicted thereof before any two justices of the county sitting at petty sessions, shall be liable to forfeit for every such offence or neglect the penalties hereinafter mentioned; (that is to say,)
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Any clerk of petty sessions who shall neglect or refuse to enter any summons in the order required under the provisions of this Act shall be liable to a penalty not exceeding forty shillings:
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Any clerk of petty sessions who shall demand or receive any other or different fees, or any greater amount of fees, as to any proceedings in any case, than he can legally demand or receive under this Act, shall be liable to a penalty not exceeding five pounds:
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Any person who, whilst he shall hold the office of petty sessions clerk, shall practise as solicitor in any case at such petty sessions, or at the quarter sessions of the division of the county in which such petty sessions shall be situated, or who shall act as the clerk of any solicitor so practising, or as the clerk of a poor law union, or as a collector of any public tax, or as a pound keeper, or as the keeper or partner in keeping any inn or public house, or who shall engage in any other business or occupation which the justices or the Lord Lieutenant shall have forbidden as inconsistent with his duties as petty sessions clerk, shall be liable to a penalty not exceeding twenty pounds:
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Any summons server or other person who shall make any wilful default in serving any summons shall be liable to a penalty not exceeding forty shillings.
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Any sub-inspector, head or other constable, or other person who shall wilfully neglect to return any unexecuted warrant at the time required by the justices, or who shall commit any wilful default in respect to the execution of the same, shall be liable to a penalty not exceeeding five pounds:
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Any person in whose possession any books, papers, or other effects belonging to the justices at petty sessions, or relating to such court, shall be, upon or after the death, resignation, suspension, or dismissal of any petty sessions clerk, and who shall refuse to deliver up the same to the sub-inspector or head constable or other person directed by the justices under the provisions of this Act to demand the same, shall be liable to a penalty not exceeding ten pounds:
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Any person who shall oppose or hinder any search under any warrant issued by the justices for the discovery of any such books, papers, or other effects, shall be liable to a penalty not exceeding five pounds:
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Any person having any other duty to perform under the provisions of this Act, and who shall wilfully neglect to perform the same, shall be liable to a penalty not exceeding five pounds:
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And it shall be lawful for the said justices to award the said penalties; and if the same shall be imposed upon any member of the constabulary force, the amount shall be deducted from his pay; but if imposed on any other person, then, in default of payment thereof forthwith, or at such time as the justices shall fix, such person may be committed to prison for the like period, in proportion to the amount of the penalty imposed, for which the justices are authorized to commit any offender in default of distress for any other penalty under the provisions of this Act.
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