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18
County Councile.
[49 VICT.]
A.D. 1888.
Power to apply to
rown for appointment of stipen diary magis
trate.
21. Her Majesty may, if she think fit, ou the recommendation of one of Her Majesty's Principal Secretaries of State to be made on the application of a county council, and on their undertaking to provide out of the county fund a sufficient salary for a police magistrate and his clerk, and also to provide and maintain a fit 5 police court, appoint a fit person, being a barrister-at-law of not less than five years standing, although he may not be qualified by estate to be a justice, to be, during Her Majesty's pleasure, stipendiary magistrate and a justice of the peace for such part of the county at the county council may determine; and any magistrate so 10 appointed shall, during his continuance in office, be and execute the duties of a justice of the peace for the part for which he is appointed, and shall have in that part all powers conferred by the Summary Jurisdiction Acts on a stipendiary magistrate of a city, town, liberty, borough, or place: Provided that on a vacancy occurring 15 in the office of a police magistrate in any such part, no new appointment shall be made until the county council have, in manner herein-before referred to, made application to one of Her Majesty's Principal Secretaries of Sta'o in that behalf, as in the case of the first appointment of a police magistrate in such part.
20
A police magistrate under this Act shall from time to time appoint a fit person, being a solicitor in actual practice, as a clerk to be removable at his pleasure, and the salary of such clerk shall be paid out of the county fund: such clerk shall not be con- cerned either by himself or partner in any matter before the police 25 magistrate whose clerk he is, or arising out of or consequent there upon before any other court.
The remuncration of a stipendiary magistrate, his clerk, and officers, and all cxpouses incurred with reference to the court of such magistrate, or otherwise for the performance of his duties, 80 shall be defrayed out of the county fund, but where such magistrate is appointed for part only of a county the same shall be charged to a special fund to be raised out of the parishes in that part.
The clerk of a police magistrate under this Act shall take all such fees and penaltiès as are authorised to be taken by the clerks 85 to the justices acting for the county within which the part of the county subject to the jurisdiction of such magistrato is locally situate, and shall account for and pay over the same to the treasurer of the county in such manner and at such time as the county council may from time to time appoint.
40
All flues, penalties, and forfeitures imposed by a police magistrate under this Act, save and except those made payable to the informer, who may sue for the same, or any party aggrieved, and those
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