Appendix. Sect. 34. Repeal of 36 & 37 Vict. c. 35. "Local authority" means the justices of any county, liberty, riding, parts, or division of a county in general or quarter sessions assembled, the council of any municipal borough, also any authority whatsoever having power to levy a rate, as in this Act defined, also any prescribed authority: "Municipal borough" means any borough for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled "An Act to provide for the regulation of municipal corporations in England and Wales," and any Acts amending the same: A "rate" means a rate the proceeds of which are applicable to public local purposes and leviable on the basis of an assessment in respect of property, and includes any sum which, though obtained in the first instance by a precept, certificate, or other document requiring payment from some authority or officer, is or can be ultimately raised out of a rate, and the levy of a rate includes the issue and enforcement of any such precept, certificate, or document as aforesaid, and expressions relating to the levy and the assessment and making of a rate shall be construed accordingly: "Local rate" means any rate as before defined which a local authority have power to levy or charge by way of mortgage or otherwise: "Security" means any debenture, debenture stock, annuity certificate, coupon, or stock certificate to bearer issued under this Act: "Person" includes a body of persons corporate or unincor. porate: "Executors and administrators" includes successors. (11.) Repeal and consequential Enactment. 35. The County Debentures Act, 1873, is hereby repealed, as from the commencement of this Act; but this repeal shall not abridge or prejudicially affect the incorporation of any county authority under that Act, or any right in respect of any debenture issued in pursuance of that Act before the commencement of this Act, or any remedy for non-payment of moneys secured by any such debenture, and all such rights and remedies Appendix. may be enforced as if this Act had not been passed. Sect. 35. of county Act. 36. The justices of any county, liberty, riding, parts, or Incorporation division of a county in general or quarter sessions assembled, authority for issuing any securities under this Act, shall, so far as relates to purposes of such securities, be deemed to be incorporated by the name of the justices of the county, liberty, riding, parts, or division of the county to which they belong, or by any other name by which such justices are ordinarily known, or by which they granted the said securities, and may sue and be sued in any action or other legal proceeding relating thereto by such corpo rate name. As to the stamp duties payable in respect of debentures issued under this Act, see the Inland Revenue Act, 1880 (43 & 44 Vict. c. 20), and the Customs and Inland Revenue Act, 1881 (44 Vict. c. 12). PAYMENT OF CLERKS OF THE PEACE AND OF 14 & 15 VICT. CAP. 55. An Act to amend the Law relating to the Expenses of Prosecutions, and to make further Provision for the Apprehension and Trial of Offenders, in certain Cases. [1st August, 1851.] Those sections only of this Act which relate to the payment of clerks of the peace and clerks to the justices are set forth. 9. And whereas it may be expedient to authorize the pay- Clerks of the ment of clerks of the peace and such other clerks as hereinafter peace, &c., may be paid mentioned by salaries instead of fees: be it enacted, that it by salaries in shall be lawful for the justices of the peace at their general or lieu of fees. 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 Sect. 9. Appendix. 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 compensa tion on account of any reduction of his emoluments occasioned Appendix. by any order made under this enactment: provided also, that no Sect. 9. 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. This section is materially modified by the 10th section of 40 & 41 Vict. c. 43, post. business may 10. Provided that any such court of sessions, or council, or Certain governing body may, where they see fit, recommend that any be excepted description (to be specified in the recommendation) of the busi- in fixing the ness of any clerk whom they may recommend to be paid by salaries. salary should not be included in fixing the amount of such salary, but that such clerk should be remunerated for the same by such fees or other payments as may be payable to him in respect thereof; and where any order is made by the Secretary of State in pursuance of such recommendation as last aforesaid, such clerk shall be entitled to receive, for his own use, the like fees or payments in respect of the business in such recommendation specified in this behalf as he would be so entitled to receive if not paid by salary; and, save as aforesaid, where any clerk is paid by salary under any order made by virtue of this Act, such salary shall include and be deemed the remuneration for all business which such clerk may, by reason of his office, be called on to perform; and no other payment shall be made for any such business, or for or to a deputy of any such clerk. See 40 & 41 Vict. c. 43, s. 10, post. Clerks paid by salaries to account for 11. Save as hereinbefore provided, all the fees which any such clerk as aforesaid would have been for the time being entitled to receive to his own use if such order had not been fees. made shall, so long as any order for payment of such clerk by salary in lieu of fees is in force, be by him received and paid in any county, riding, division, or liberty to the treasurer in aid of the county rate or rate in the nature of a county rate of such Sect. 11. Appendix. county, riding, division, or liberty, and in any borough to the treasurer in aid of the borough fund, and such fees shall be accounted for from time to time in such manner and under such regulations as the justices at quarter sessions, or in any borough the council or other governing body, may direct. Fees may be remitted by justices. See 40 & 41 Vict. c. 43, s. 9, post. 12. Where any clerk is paid by salary by virtue of any order made under this Act, any justices or justice before whom any proceeding is had, whereon a fee is payable which should be accounted for by such clerk under this Act, or before whom any person is summoned for non-payment of any such fee, may remit such fee in whole or in part for poverty or other reasonable cause, in their or his discretion, and in every such case the justices or justice by whom any fee is wholly or in part remitted shall cause an entry to be made, in a book or books to be kept for that purpose by such clerk, of the nature and amount of the several fees so remitted, and of the reason for the remission in such case, which entry shall be signed by the justice, or two or more of the justices authorizing such remission, and shall be a sufficient voucher to discharge the clerk therefrom. THE JUSTICES CLERKS ACT, 1877. 40 & 41 VICT. CAP. 43. An Act to amend the Law with respect to the Appointment, Payment, and Fees of Clerks of Justices of the Peace and Clerks of Special and Petty Sessions. [10th August, 1877.] WHEREAS by section nine of the Act of the session of the 14 & 15 Vict. fourteenth and fifteenth years of the reign of Her present c. 55. Majesty, chapter fifty-five, intituled "An Act to amend the law relating to the expenses of prosecutions, and to make further provision for the apprehension and trial of offenders in certain cases," (in this Act referred to as "the principal Act,") it is provided that one of Her Majesty's principal Secretaries of State (in this Act referred to as a Secretary of State), upon the |