The stamps on documents in schedule C. to this act are affixed in lieu of clerks' fees, which are now paid by the Treasury; but a warrant signed by a magistrate, in the case of a commitment on view, or upon an information take at his house, is not the act of a clerk, nor is he in any way employed in it; and it would be most absurd to say that justices are to provide themselves with a number of these stamped documents, and that unless they should have one such, are obliged to postpone the commitment to custody of the accused, or that a properly drawn up warrant of committal, duly signed by a justice, was to be null and void without such stamp. But as the act requires the warrants to bear the stamp imposed by the statute, it is highly irregular to commit prisoners to gaol under warrants not properly stamped. A sixpenny stamp is to be affixed to every entry of an order in the order-book. A complaint ought not to be entered for hearing, except at the instance of one of the parties by whom the sixpence for entry of order should be paid at the time of so entering the case for hearing. If paid by the complainant, and if the case be dismissed, it ought to be retained as against him, whether the case be dismissed with or without costs. If the complainant does not appear, there can be no entry unless the defendant appear and seek to have the case entered for a dismiss, as a preliminary to which he should pay the sixpence fee on entry of the order of dismissal. Ordinary adjournment of cases from one court day to another, of which notes or memoranda are made amongst the minutes of the proceedings of the court, do not require stamps, as they are not orders liable to stamp duty within the meaning of the statutes; but there sometimes arises in the course of a case a necessity for a special order involving an adjournment and something else, and such orders are liable to a stamp duty (p). Such entries as "cases withdrawn," "settled," "no appearance," are not entries of orders, but memoranda of reasons why no order is made. In directing informations to be taken, a justice acts ministerially, and not judicially; there ought not, therefore, to be any stamp on the entry. The order for discharge of a prisoner amounts to a dismissal of the complaint, and should be so treated in the order-book. (p) Vide government circular, 16th November, 1859. On deserters' returns, under the Mutiny Act, the deposition (one shilling), the entry of order (sixpence), and the warrant of committal (sixpence), ought all to be stamped, and thus the twoshilling fee, mentioned in the act, will be exhausted. If a person be arrested on suspicion of being a deserter, but from defect of evidence be not committed, no stamp is required on his discharge. The attestation of a recruit is liable to stamp duty. Magistrates are not entitled to demand the fee of one shilling on the attestation of recruits, in addition to the one shilling paid for the stamp to be placed on the declaration. By the Annual Mutiny Act it is enacted that "the fee for administering the declaration and oath shall be one shilling, and no more." The magistrate therefore is not entittled to receive any fee in addition to the one shilling represented by the stamp (9). See Annual Mutiny Act The provisions in the to the cost of forms of for this year, 24 Vic. c. 7, s. 47. Loan Fund Act, 6 & 7 Vic. c. 91, as summons, warrants, &c. is virtually repealed by the 21 & 22 Vic. c. 100, s. 14; and such documents must have a stamp affixed to each. The constabulary should supply all the stamps to be used in cases prosecuted by them, whether for the summonses, &c. issued, or for the entries in the order-book. On each stamped form used in such cases, one of the justices should endorse the words, "constabulary prosecution" (r). No stamp is be affixed to the certificate required by 17 & 18 Vic. c. 89, s. 11, for the renewal of a publican's licence, or to an entry in the petty sessions book of the granting of such certificate (8). (9) Government circular, 27th April, 1859; see Annual Mutiny Act for this year, 24 Vic. c. 7, s. 47. (r) Government circular, 15th Feb ruary, 1859. (8) Government circular, 30th September, 1859. APPENDIX. 14 & 15 VIC. cap. 93. An Act to consolidate and amend the Acts regulating the Proceedings at Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions in Ireland. [7th August, 1851]. WHEREAS it is expedient to consolidate and amend the Acts regulating the proceedings at petty sessions, and the duties of justices of the peace out of quarter sessions, in Ireland. Be it therefore enacted by the Queen'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, that— I. The several petty sessions districts into which any county or riding of a county in Ireland is now divided, and the places and times at which petty sessions are now appointed to be held therein, shall, until altered in the manner hereinafter provided, be the several districts, places, and times in such county or riding for the purposes of this act but whenever it shall appear to the justices at quarter sessions that any of the said districts, places, and times now fixed (or which shall hereafter be fixed) in any county or riding require alteration, or whenever they shall be called upon so to do either by the Lord Lieutenant or by a requisition signed by any seven or more of the justices of any county or riding, they shall proceed at the next quarter sessions which shall be held for such county or riding, or at any adjournment of the same for that purpose, to revise the said districts, places, and times, subject to the following provisions: 1. They shall divide such county or riding into convenient petty sessions districts for the purposes Formation of petty sessions district. Existing districts, &c. to be confirmed where they do not require alteration. Section 1. of this act, and shall declare the several parishes or townlands of which each of such districts shall consist; and in so doing it shall be lawful for them, with the concurrence of the justices of any adjoining county assembled at any like quarter sessions, or at any adjournment of the same, to include in any of such districts any townlands of such adjoining county, where it shall be conducive to the public convenience, and where no part of such townlands shall be at a greater distance than seven miles from the place where petty sessions shall be held for the district to which same shall be annexed (a): 2. They shall also fix some one convenient place within each district at which petty sessions shall be held for the same: 3. They shall also fix the times when petty sessions And whenever any of the said districts, places, and (a) As this is a proceeding which has the effect of giving to magistrates of one county jurisdiction in the adjoining county, see s. 7, post, without any commission or authority, it is plain that the utmost accuracy should be observed in carrying into effect the foregoing directions. mitted at least one month before the time so ap- Section 5. pointed. Sections 2, 3, & 4 are repealed by the 21 & 22 Vic. c. 100 [Clerk of Petty Sessions Act]. Duties of clerk at petty ses sions. V. 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.) hereinafter men- Page 130. tioned, 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- 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 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 hereinafter provided: 5. He shall enter all cases in the order in which the summonses shall be issued at petty sessions, or 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 |