Petty Sessions (Ireland) Act, 1851

Duties of clerk of petty sessions.

14 & 15 Vict.c. 90.

5. The clerk of petty sessions shall perform the following duties:

1. He shall make, when required by any of the justices, a minute of all special proceedings, taken either in or out of petty sessions, in a book to be kept for that purpose, to be called the “Minute Book,” and shall also make such entries in the “Order Book” (form D.) herein-after mentioned, as the justices shall direct:

2. He shall also have the care and custody of such books, subject to their being kept at the court house or place where the petty sessions shall be held, or otherwise as the justices shall direct, and also subject to their being at all times open to the inspection of the justices and of any other person or persons whom the Lord Lieutenant may at any time appoint to examine the same:

3. He shall also prepare, under the directions of the justices, all informations, summonses, examinations, warrants, recognizances, and other documentary forms of proceeding:

4. He shall retain, or (if so directed by the justices) shall copy or cause to be copied into a book to be kept for the purpose, all orders or circulars, or opinions of the law officers or advisers of the Crown, addressed or transmitted to the justices, and shall also also make copies of all informations, depositions, or examinations, when so directed by the justices, and shall also retain copies of all abstracts or schedules of documents transmitted to the clerks of the Crown and peace as herein-after provided:

5. He shall enter all cases in the order in which the summonses shall be issued at petty sessions, or, if issued out of petty sessions, then in the order in which the application shall be made to him by the complainant or his agent to enter the same:

6. He shall enter a true account of all sums paid into court under any orders of the justices, and of all warrants issued for the execution of any such orders, and of all sums levied under the same and paid over to him (whether the said sums shall be in the nature of penalties for offences, or sums awarded in cases of a civil nature,) and shall otherwise account and act as to the same as required by the provisions of the Fines Act. Ireland, -1851, as to any penal sums:

7. He shall also make such returns of the proceedings at petty sessions as the chief or under secretary of the Lord Lieutenant shall from time to time require, and shall observe such general regulations in respect to the discharge of his several duties as the Lord Lieutenant shall from time to time prescribe:

And when required by the clerks of the Grown or peace, as the case may be, the clerk of petty sessions shall attend the assizes or quarter sessions to which any informations, examinations, or recognizances shall be returned by him, or to which any informations, examinations, or recognizances prepared by him shall be returned, and as to which any complaint shall have been made against him for neglect, to answer such inquiries respecting the same as shall be made by the court; and in case it shall appear that such clerk shall have committed any wilful default or neglect in preparing or in transmitting the same, or shall have improperly divulged the contents of such informations or examinations, it shall be lawful for the judge of assize or for the justices at quarter sessions, as the case may be, for every such offence to impose a penalty not exceeding twenty pounds on the said clerk, and in default of payment of the same to commit him to gaol for any term not exceeding three months.