Criminal Justice Administration Act 1851

IXClerks of the Peace, &c. may be paid by Salaries in lieu of Fees.

And whereas it may be expedient to authorize the Payment of Clerks of the Peace and such other Clerks as herein-after mentioned by Salaries instead of Fees: Be it enacted, That it shall be lawful for the Justices of the Peace at their General or Quarter Sessions for the several Counties, Ridings, Divisions of Counties, and Liberties throughout England and Wales, Notice being given at the preceding Quarter Sessions that a Motion will be made for such Purpose, and the Council or other governing Body in every Borough in England and Wales, from Time to Time, if they see fit so to do, to recommend to One of Her Majesty's Principal Secretaries of State that the Clerks of the Peace, the Clerks of Special and Petty Sessions, and the Clerks of the Justices of the Peace within their several Jurisdictions, or any of such Clerks as aforesaid, be paid by Salaries in lieu of Fees and other Payments, or where any such Clerks are for the Time being paid by Salaries, by virtue of any Order made under this Act or otherwise, to recommend that the Amounts of all or any of the Salaries for the Time being payable be reconsidered, or that all or any of such Clerks for the Time being paid by Salaries be paid by Fees in lieu of Salary, and where Payment by Salary in lieu of Fees or the Reconsideration of the Amounts of any Salaries is recommended, to state the Amount of Salary which in the Opinion of such Justices, Council, or governing Body should in each Case be paid; and every such Recommendation being signed by the Chairman of the Court of General or Quarter Sessions, or the Mayor or other Head Officer of the Borough, shall be transmitted to the Secretary of State ; and it shall be lawful for such Secretary of State, when any such Recommendation is so made to him, by Order under his Hand, if he so think fit, to direct that all or any of the Clerks to which such Recommendation refers be paid by Salary, and to fix the Amount of Salary to be so paid, or vary the Amount of Salary for the Time being payable to any such Clerk, or to direct that any such Clerk for the Time being paid by Salary be paid by Fees in lieu of Salary; and such Secretary of State shall cause Copies of every Order made under this Enactment affecting any Clerk of the Peace, or any Clerks of Special Sessions or Petty Sessions, or Clerks to the Justices within the District of any Clerk of the Peace, to be transmitted to such Clerk of the Peace, to be by him distributed, where Occasion shall require, to such other Clerks as aforesaid; and the Salary for the Time being payable to any such Clerk under any such Order shall be paid out of any County Rate or Rate in the Nature of a County Rate made in the County, Riding, Division, or Liberty, or out of the Borough Fund of the Borough, as the Case may be, for or in which such Clerk of the Peace or other Clerk to whom the same is payable is appointed or acts: Provided always, that in fixing the Amount of any Salary to be paid to any Clerk of the Peace or other Clerk appointed before the passing of this Act regard shall be had to the Tenure of his Office and to his Rights in respect thereof, but no Clerk of the Peace or other such Clerk as aforesaid appointed after the passing of this Act shall be entitled to any Compensation on account of any Reduction of his Emoluments occasioned by any Order made under this Enactment: Provided also, that no Order shall be made in pursuance of any Recommendation of the Council or governing Body of any Borough in relation to the Mode of Payment or the Amount of Salary of any such Clerk other than the Clerk of the Peace for such Borough, unless the Justices of such Borough at a Meeting of such Justices approve of such Recommendation, and such Approval be certified to such Secretary of State, under the Hand of the Chairman of such Meeting.