|
|
Tenure of office and duties of petty sessions clerks.
14 & 15 Vict. c. 93.
14 & 15 Vict. c. 93.
|
8. Every petty sessions clerk in Ireland shall hold his office subject to the following provisions:
|
|
| |
1. He shall hold such office during the pleasure of the justices of the district or districts of which he shall be clerk, and of the Lord Lieutenant:
|
|
| |
2. He shall not practise as a barrister, or attorney or solicitor, in any case, nor shall he act as the clerk of an attorney or solicitor, or as the clerk of a poor law union, or as a collector of any public tax, or be concerned in the keeping of any hotel, tavern, eating house, or house licensed for the sale of liquor to be consumed on the premises, nor shall he engage in any business or occupation which the Lord Lieutenant by any general or special order shall have prohibited: But this enactment shall not apply to clerks who may be engaged in any business, profession, or occupation, or who shall hold any appointment, other than that of petty sessions clerk, at the time of the passing of this Act:
|
|
| |
3. In addition to the duties which he shall be bound to discharge under the provisions of the fifth section of the Petty Sessions (Ireland) Act, 1851, he shall perform the several duties expressly or impliedly imposed on him by this Act with reference to the keeping of and accounting for all sums of money received by him in his official capacity, and shall also observe and perform all the other regulations of this Act in reference to his office and the duties thereof; and every justice who shall take any information out of petty sessions is hereby required forthwith to transmit the same to the clerk of the district to which the same shall properly belong:
|
|
| |
4. He shall perform the duties of his office in person, and not by deputy, except in cases of sickness, unavoidable absence, or other emergency, when the justices at petty sessions may appoint some other person to act as clerk at such petty sessions for the time being; and such substitute shall, if required by the justices, enter into security for the due discharge of his duties in such manner as the justices shall think fit:
|
|
| |
5. In case no justice shall be in attendance for one hour after the time appointed for the holding of any petty sessions, it shall be lawful for the clerk to adjourn the holding of such petty sessions, and the hearing of all proceedings thereat, to the next petty sessions day; and upon such adjournment being made he shall make an entry thereof in the minute book, and post a notice thereof on the door of the petty sessions court-house: All persons summoned or under recognizance to attend at such adjourned sessions shall, without fresh summons or recognizance, be bound to attend on the day to which such adjournment shall have been made:
|
|
| |
6. In every case of an appeal from a summary conviction for any offence, and when the appellant shall have entered into a recognizance to prosecute such appeal, the clerk shall forthwith cause a notice of such appeal having been entered into to be duly served upon the complainant, who shall be the respondent in such appeal; and the said service shall be effected in like manner as summonses are now by law required to be served; and by the said notice the respondent shall be required to attend with the necessary witnesses on the hearing of such appeal: The stamp duty on such notice and the expenses of service thereof shall be borne and paid by the appellant as part of the costs of the appeal: In case any respondent shall upon being served with such notice fail to comply with the exigency thereof, he shall be liable to a fine not exceeding five pounds, or such greater sum as the appellant may have been adjudged to pay upon such conviction, to be recovered and levied upon a prosecution by the constabulary as in other cases mentioned in the Petty Sessions (Ireland) Act, 1851: Provided always, that it shall be lawful for the justices upon the hearing of such matter to remit the whole or any part of such penalty, if they shall be of opinion that the respondent in such appeal had any sufficient excuse for such his noncompliance.
|
