FINES.-CIRCULAR directing how FINES and PENALTIES are to be paid and

disposed of.

Circular to Clerks of Petty Sessions.

Chief Secretary's Fines and Penalties Audit Office,
Dublin Castle, 1st November, 1851.

In reference to the Fines Act (Ireland), which comes into operation the 1st of November, 1851, Clerks of Petty Sessions are to observe, that on and after that day they will be the chief accountants as to all monies received on foot of fines and penalties which may be imposed subsequent to that date, and as to all proceedings in reference thereto.

All monies levied by the Constabulary, under warrants, are to be paid over without delay to the Clerks, as also all monies received by Gaolers or Bridewellkeepers. The Clerks, on receipt of such monies, are promptly to make all payments thereout which may be authorized by law; and all monies payable to the Crown are to be lodged in bank, as the Clerks will be hereafter directed.

In case of Petty Sessions for boroughs, all money awarded to the treasurer of the borough by the Magistrates, is to be paid over either weekly or at such time as the treasurer of the borough may require.

Forms for the rendering of accounts will be hereafter forwarded, and the Clerks in furnishing their accounts will be required to produce written vouchers for all payments made by them.

In the payment of monies, portions of fines, or other penal sums, to parties entitled thereto, stamped receipts are not required.

Until the issue of further books for the entry of fines and the accounting therefor, the entries are to be made in the books at present in hand, the Clerk making use of as many lines and as many sheets as may be required for a faithful entry of all that shall have been done in reference to each case.

Clerks are further to observe, that, with reference to all fines, &c., imposed previous to the 1st of November, 1851, the returns thereof are to be furnished to the Constabulary in all respects as heretofore, who will be the proper parties to render account thereof.

In the payments of portions of fines to members of the Constabulary Force, the payments are to be made in precisely the same manner as payments to any other parties.

WM. M. SOMERVILLE.

GENERAL REGULATIONS to be observed by CLERKS of PETTY SESSIONS relative to the rendering of accounts of Fines and Penalties, under the Act 14 & 15 Vic.

c. 90.

Fines. Circular containing Regulations for Accounting.

Chief Secretary's Fines and Penalties Audit Office, 1st May, 1852.

1. The clerk's accounts of fines, &c., will be comprised in the Form A 1, A 2, and the Summary No. 1.

2. The Form A 1 is to be an account of all fines, or other penal sums, IMPOSED within the Petty Sessions District, during any specified period; as also of the proceedings taken, and money received on account thereof, up to some subsequent date, such time subsequent to the expiration of the period as above-mentioned, being allowed for the getting in, and otherwise accounting for, the fines, &c. Thus, if an account of the fines imposed for a quarter be required, the Form A 1 will be an account of all the fines imposed within that quarter; as also of all the monies

received, or other proceedings taken on account thereof, up to some subsequent date-say the end of the month immediately following: the latter month being allowed for the money to come in, which may be received by the constabulary, or by gaolers, or bridewell keepers, and also that the cases may be fully accounted for, in which time shall have been given to parties to pay.

3. The clerk will be, from time to time, instructed from this office as to the period for which accounts are required, and the time allowed after the expiration of such period for the getting in, or otherwise accounting for, the fines, &c. The clerk will also, from time to time, be supplied from this office with the necessary forms for the rendering of his accounts.

4. As it may happen that, notwithstanding the time allowed for the accounting for fines, some cases may remain not fully accounted for up to the expiration of such time, and afterwards money may be received, or other proceedings taken in such cases; the Form A 2 is to be an account of any cases which stood over not fully accounted for at the time of closing the last account, and of any money received, or proceedings subsequently taken, on foot thereof.

5. The money received as per the above two accounts, Forms A 1 and A 2, is to be entered in the Summary No. 1, and the application thereof there shown. The accounts are to be made up in a file, the Form No. 1 being placed at top.

6. To illustrate the above regulations by an example:-If the accounts for the quarter ending 31st March be required, and until the 1st May be allowed for the money to come in, or the cases to be otherwise accounted for, the Form A 1 will be an account of all fines, &c., imposed within such quarter, and the money received thereout, &c., up to the 1st of May. The Form A 2 will be an account of any cases standing over unaccounted for from the previous quarter, and the money received thereout, &c., up to the 1st of May; but no notice whatever is to be taken in either of these forms of the fines imposed in the month of April, or any monies received, or other proceedings taken on foot thereof, all such being matters to be brought into a subsequent account. On the 1st May, in the example above given, the accounts are to be completely closed, the amount received, as per Forms A 1, and A 2, are to be carried into the Summary No. 1, and the application there shown.

7. The clerks will be required to forward, along with their accounts, receipts for all monies paid to parties, as portions of fines or as compensation; also the bank receipts for all lodgments stated by him to have been made in the Summary No. 1.

8. In addition to the rendering of the above accounts, it will be the clerk's duty, at such time as he shall be instructed from this office, to make out, in the Form B, a list of all warrants for the levy of all fines or other penal sums, placed in the hands of the constabulary for execution, within any required period, whether same be warrants to distrain or commit, or in the alternative, and send the Form B to the sub-inspector of the district, who, after having filled up his part of the form, and shown the steps taken in each case, and the amount levied and paid over to the clerk, will forward same to this office.

9. The cost of the money orders required for the remission of money to Dublin, as per instructions from this office, of the 15th November, 1851, is to be deducted from the amount for lodgment; also the cost of the money orders by which money has been transmitted to the clerks by gaolers, &c. In the latter cases, in order that the accounts may be kept clear, the clerk is to enter, as received, the entire amount of the fines, compensation, and costs, in each case, making a memorandum in his accounts that such money was remitted by a money order, and then charge the amount of such order as against the amount for actual lodgment in the Summary No. 1; also, from time to time hereafter, other charges may be necessary to

CC

be made against the sum for lodgment in bank, as to which clerks will be specially instructed from this office.

10. After the receipt of these regulations, in cases where portions of fines are awarded to members of the Constabulary Force as prosecutors, such sums are no longer to be paid to the individual prosecutors, but the gross amount of monies, &c., awarded, is to be paid over at the end of each month to the Sub-Inspector of the district, for the Constabulary Reward Fund, accompanied by a return showing the cases in which monies have been so awarded, the forms of which will be supplied from this office.

11. The particular attention of clerks is desired to be directed to the appropriation of fines, under the Petty Sessions and Fines Acts, 1851, whereby every fine is payable to the Crown, unless the Justices award a portion, not exceeding one-third thereof, to the prosecutor or informer, which in their discretion they may do in all cases, except those where a sum is ordered to such prosecutor or informer as compensation for injury done. It is also to be observed, that in no case can compensation for an injury be awarded unless a fine be also imposed.

FINES ACT (IRELAND), 1851.

Fines.-Sub-Inspector to compare Account of Fines imposed.

NAAS.

In exercise of the powers vested in the Chief or Under Secretary to the Lord Lieutenant, under the provisions of the above Act, it is hereby directed that, previous to the rendering of all accounts of fines and penalties by Clerks of Petty Sessions, the statement of the fines and other penal sums imposed within any specified period, as contained in the Form A I., shall be compared by the SubInspector of the district with the Order Book, signed by the Justices, and shall be certified by him to correspond therewith, the Sub-Inspector taking especial care to see that all the fines and other penal sums, with the amount of compensation (if any) and costs, contained in the Order Book, whether paid or not, with the full particulars as to the portions thereof awarded to parties, and the names of such, are correctly set out in the Form A I.

The certificate is to be given at the foot of the Form A I.; and in case any account shall be hereafter transmitted to the Fines and Penalties Office, without such certificate, it will be returned to the sender as imperfect. It is to be observed that the Sub-Inspector will not be required to go into the Clerk's account further than to make the comparison and give the certificate, as above mentioned.

The comparison required may be made at any time after the expiration of the period referred to in the Form A I.; and it will be the duty of the Clerk of the Petty Sessions, as soon as possible after the expiration of such period, to communicate with the Sub-Inspector of the district, acquainting him with the time limited for the transmission of the account to the Fines and Penalties Office, and ascertain from him on what day, within such limit, it will be convenient for him to attend for the purpose; and it will also be the clerk's duty to be in readiness at such time with the Order Book and the statement on the Form A I. In the case of an account in arrear, the comparison is to be made as soon as the account shall have been prepared.

New Forms A I., containing a printed form of certificate at foot, will be immediately supplied; but in case any accounts may have been already prepared on the old Forms, and not yet transmitted to the Fines and Penalties Office, the comparison with the Order Book is, in the case of such accounts, to be made in the manner directed, and a certificate in manuscript, given by the Sub-Inspector, at foot thereof.

Dublin Castle, 18th day of April, 1855.

(Signed),

T. A. LARCOM.

CIRCULAR.

CLERK to make HALF-YEARLY RETURN TO LIEUTENANT OF COUNTY. Dublin Castle, 21st February, 1853.

SIR, I am directed by the Lord Lieutenant to desire that you will, as soon as possible after the 30th June and 31st December in each year, transmit to the Lieutenant of the County a return for the half-year then ending, in the Form annexed.

To the Clerks of Petty Sessions.

I am, sir, your obedient servant,

RETURN of Petty Sessions holden during the half-year ending the 30th June, 1853, and of days appointed for Petty Sessions, but on which they were not holden.

Days. Names of Magistrate present on each day. Cause of Petty Session not being holden.

By the LORDS JUSTICES GENERAL, and GENERAL GOVERNORS of IRELAND. Fines.-Order in Council for Punctual Returns of Fines, &c.

MAZIERE BRADY, C.-Pursuant to the powers vested in us, under the Petty Sessions Clerks' Act (Ireland) 1858, it is hereby ordered that, from and after the 1st January next, no Clerk of Petty Sessions will be permitted to continue to act, or hold his post, who, on the expiration of any quarter, shall not have rendered all accounts of fines and penalties due by him up to the expiration of the preceding quarter, and paid over the balances thereon.

Given at Her Majesty's Castle of Dublin, this 20th day of December, 1861.

CIRCULAR.

THOMAS A, LARCOM.

STAMPS ON PROCEEDINGS and DOCUMENTS, &c.

Dublin Castle, 15th February, 1859.

GENTLEMEN,-Many applications having been received for advice as to the interpretation of that part of the Petty Sessions Clerks' Act, 1858, which relates to the use of stamps on certain proceedings, the opinion of the Law Officers of the Crown has been taken thereon, and is to the following effect:

1. Proceedings out of Petty Sessions. All the documents or proceedings specified in Schedule C require stamps, whether issued in or out of Petty Sessions.

2. Summons and Copy.-The stamp is to be on the original summons, signed by the Magistrate, not on the copy. It will be well that the copy should be marked at top with the word "copy."

3. Where the complaint is against several persons, charged with a joint offence, there should issue one original stamped summons against each party, with a copy. There is, however, nothing illegal if the Magistrates choose to order that all shall be joined in one summons (having a sixpenny stamp), and that the necessary copies shall be made.

4. Where there are several witnesses, the summons to each witness is in its nature several, and there should be for each one original and a copy.

5. The Magistrate, when called on to sign a summons, will first see that the summons is duly stamped; and secondly, he will take care, before issuing the summons, to have the stamp cancelled, as directed by the third Rule.

6. The Clerk is bound to prepare the original summons, and he ought also to prepare the copy.

7. In all cases prosecuted by the Constabulary the summons may be filled up and served by the Constabulary.

8. Information or Deposition.-All informations or depositions sworn before a Magistrate must be stamped.

9. Affidavits in bankruptcy and insolvency, or any other affidavits, save those known as informations or depositions, are not liable to Stamp Duty.

10. Statement of Accused Party.—No stamp is necessary on a statement made by an accused party.

11. When a suspicious character is arrested, under 50 Geo. III., c. 102, a stamp ought to be affixed to the examination.

12. Solemn Declaration.-All solemn declarations made before a Magistrate, no matter what the subject is, except the cases saved in the Schedule, are liable to Stamp Duty.

13. Declarations taken before a Master Extraordinary or Notary Public do not require a stamp under the Petty Sessions Clerks' Act.

14. Warrant.-All warrants issued by a Magistrate, whether of committal for trial, for examination, on summary conviction, in default of bail, of dangerous lunatics, or in any other case, must have the uniform 6d. stamp.

15. Entry of Order.-A 6d. stamp is to be affixed to every entry of an order in the Order Book.

16. A complaint ought not to be entered for hearing, except at the instance of one of the parties, by whom the 6d. 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.

17. 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 6d. fee on entry of the Order of Dismissal.

18. An adjournment, whether on application of parties or by the Court, is an order, and requires a stamp. When an adjournment takes place at the request of a party, such party ought to pay the Stamp Duty of 6d. on the entry of the order.*

19. Such entries as, "Case withdrawn," "Settled," "No appearance," are not entries of orders, but memoranda, of reasons why no order is made.

20. In directing informations to be taken a Justice acts ministerially, and not judicially; there ought not, therefore, to be any stamp on the entry.

21. The order for discharge of a prisoner amounts to a dismissal of the complaint, and should be so treated in the Order Book.

* By a subsequent circular of 16th December, 1859, it is stated "That the Law Officers of the Crown are of opinion that the ordinary adjournments of cases from one court-day to another, of which notes or memorada 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 the Law Officers are of opinion that such special orders are liable to Stamp Duty."