1813: 53 George 3 c.72: An Act for the more effectual Administration of the Office of a Justice of the Peace within the Townships of Manchester and Salford, in the Hundred of Salford, in the County Palatine of Lancaster; and to provide, by Means of a Rate on the said Townships and otherwise, a competent Salary to a Justice of the Peace acting within the said Townships; and to enable the Constables of Manchester and Salford to take Recognizances in certain Cases.
[22d June 1813.]
WHEREAS from the Magnitude and Importance of the Business of a Justice of the Peace within the Townships of Manchester and Salford, in the Hundred of Salford, in the County Palatine of Lancaster, and the other Townships composing the Division of Manchester, owing to the very extensive Population thereof, and the prevailing and increasing Influence of its Trade and Manufactures, the Office of a Justice of the Peace within the said Division hath become and is likely to continue very Burthensome and difficult, so that a sufficient Number of those who are in the Commission of the Peace for the said County, resident in or near to the said Division, are not found to act in the Execution thereof with that Promptness and Effect which the good Government of the Inhabitants of the said Division, and the Protection and Security of their Persons and Properties require; and it is therefore expedient that the Justice of the Peace hereinafter mentioned, acting in that Division, should receive some competent Remuneration for his Trouble, in order that a vigilant, steady and regular Administration of the Laws for the Maintenance of the Peace and good Order throughout the Division aforesaid, may be provided for and secured: May it therefore please Your Majesty, that it may be enacted; and be it enacted by the King’s Most Excellent 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,
[His Majesty to appoint a Barrister to assist as a Justice.]
That it shall and may be lawful for His Majesty, his Heirs and Successors, in Right of His Duchy and County Palatine of Lancaster, forthwith and from time to time as Occasion may require, by and with the Advice of his Chancellor and Council of the said Duchy for the time being, to appoint one fit and able Person, who shall be a Barrister at Law of Four Years standing at the least, being a Justice of the Peace for the said County, to execute the Office of a Justice of the Peace within the said Division, either by himself or together with such other Justices of the Peace for the said County Palatine as may think proper to attend, and to be therefore entitled to such Salary and Remuneration as is hereinafter in that behalf provided for.
[Justice to attend at New Bailey Court House in Salford.]
II. And be it further enacted, That the said Justice so to be appointed as aforesaid shall reside within One Mile of the Exchange in the Town of Manchester, or of the New Bailey Court House in the said Town of Salford, and shall daily (Sundays excepted) attend at the New Bailey Court House in Salford: Provided always, that the Attendance of the said Justice may be supplied by any other Justice of the Peace for the said County Palatine of Lancaster.
[Want of Estate or Interest, not to incapacitate Justice.]
III. And be it further enacted, That it shall and may be lawful for any Person named and authorized by such Appointment as aforesaid, to act in the Execution of the said Office of Justice of the Peace for the said County, during his Residence within the Limits aforesaid, although such Person may not be possessed of or entitled in Law or Equity to an Estate or Interest in Lands, Tenements or Hereditaments, in England or Wales, of the clear yearly Value of One hundred Pounds; any thing contained in any Act or Acts of Parliament to the contrary notwithstanding; provided that such Person be not disqualified by Law to act as a Justice of the Peace, for any other Cause or upon any other account than in respect of the want of such an Estate or Interest as is aforesaid.
[Quarter Sessions to direct Payment of 1,000l a Year to Justice.]
IV. And be it further enacted, That it shall and may be lawful for the Justices assembled at the General Quarter Session of the Peace held by Adjournment within the said Hundred, or at any Adjournment thereof, and they are hereby required and authorized, from time to time, so long as the said Justice shall continue to discharge the Duties of the said Office, by Writing under the Hands of any Two or more of them (whereof the said Justice so to be appointed as aforesaid is not to be one), to direct the Commissioners acting in the Execution of an Act of Parliament made and passed in the Thirty second Year of His present Majesty,
[32 G. 3. c. 69.]
intituled An Act for cleansing, lighting, watching and regulating the Streets, Lanes, Passages and Places within the Towns of Manchester and Salford, in the County Palatine of Lancaster; for widening and rendering more commodious several of the said Streets, Lanes and Passages; and for other Purposes therein mentioned; to pay, and the said Commissioners shall thereupon pay to the said Justice the Sum of One thousand Pounds in each Year, by Four equal Quarterly Payments, to be appointed by the said Justices assembled at the said Quarter Sessions of the Peace, or at any Adjournment thereof; and so, pro rata, a Proportion of such Quarterly Payments up to the time of the Death of such Justice, or his ceasing to act under such Appointment as aforesaid; and such Payments shall be assessed, raised and levied, in such and the like manner as any Rate directed to be raised by the said hereinbefore recited Act, and with such and the like Powers, Authorities and Remedies for collecting the same as are mentioned and contained in the said hereinbefore recited Act.
[Rate for Payment of Salary.]
V. And be it further enacted, for the better providing and securing the Payment of the said Salary, That it shall and may be lawful for the General Commissioners appointed under and by virtue of the said hereinbefore recited Act, or any Nine or more of them assembled as in the said Act is mentioned, and they are hereby authorized and required to assess, raise and levy, in like manner and Form as any Rate is directed to be assessed, raised and levied under the said hereinbefore recited Act, such Sum and Sums of Money annually as shall be adequate to the Payment of the said Salary; provided that the Sum to be raised under the Authority of this Act shall not in any One Year exceed the Sum of Three pence in the Pound upon the rateable Property specified in the said recited Act: and provided also, that the Sums to be raised under the said Acts respectively shall be applied to the specific Purposes of such Acts, and that distinct and separate Accounts shall be kept of the Monies assessed, raised and levied under the same respectively.
VI. And be it further enacted, That the said Towns of Manchester and Salford shall respectively contribute to the Payment of the Salary aforesaid, in the Proportions following; that is to say, the Town of Manchester shall contribute Seven Eighth Parts thereof, and the Town of Salford shall contribute One Eighth Part thereof.
[Recognizances estreated applied in Aid of Rate.]
VII. And be it further enacted, That it shall and may be lawful for the Chancellor and Council of the Duchy of Lancaster for the time being, and they are hereby required from time to time to make Orders upon the Receiver General of the said Duchy, to pay over the Amount of Monies (not exceeding the Sum of One thousand Pounds in any One Year) which shall or may be hereafter levied or received to His Majesty’s Use, upon or by reason of Recognizances taken and estreated in the said County Palatine of Lancaster, to the Treasurer of the Commissioners under the said recited Act, for the said Town ship of Manchester, to be applied in Aid of the Rate to be made in each of the said Townships under this Act, for or towards the Payment of the said Salary of the said Justice appointed at aforesaid;
[1 Ann. Stat. 1. c. 7.]
any thing in an Act made in the First Year of Her late Majesty Queen Anne, intituled An Act for the better Support of Her Majesty’s Household, and of the Honour and Dignity of the Crown, or any other Law or Statute to the contrary notwithstanding: Provided always, that nothing herein contained shall controul or abridge the Power of the said Chancellor and Council to relieve and mitigate estreated Recognizances and Levies made therein in certain cases of Hardship and Distress, as they are used to do.
[Justice not to sit in House of Commons.]
VIII. Provided always, and be it further enacted and declared, That no Justice of the Peace to be appointed as aforesaid by virtue of this Act, shall, during their Continuance in such Appointment, be capable of being elected or of sitting as Members of the House of Commons.
[Constables to take Recognizances.]
IX. And be it further enacted, That, for the better Administration of the Police within the said Division of Manchester, it shall and may be lawful for the Constables appointed for the said Townships respectively, or any One of them, or their respective Deputy Constables, on having an Appointment in Writing from their respective Principal Constables for that Purpose, to take Recognizances without any Fee or Reward, from all or any Persons or Person who shall be brought before them or any of them, in the Night time, on any Charge not amounting to Felony, for the Appearance of such Persons or Person before such Justice so to be appointed as aforesaid, or any other Justice of the Peace for the said County Palatine, within the Space of Two Days then next, for further Examination;
and that such Recognizances so to be taken as aforesaid shall be of equal Obligation to the Parties entering into the same, and liable to the same Proceedings for the estreating thereof, as if the same had been taken before any of His Majesty’s Justices of the Peace.
[Expences of Act.]
X. And be it further enacted, That the Expences incident to the soliciting, obtaining and passing this Act, shall be levied and raised in manner and Form hereinbefore directed for the raising of the Salary of the said Justice so to be appointed as aforesaid.
XI. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken Notice of as such by all Judges, Justices and others, without being specially pleaded.