No. XXXII.
An Act to provide for the discharge of the duties of Clerks of Pe t ty Sessions in Districts for which no such Officer shall he appointed and to wi thdraw certain special powers now possessed by Police Magistrates. [18th March, 1857.]
| Distr icts of t he Colony and it is therefore necessary to provide for t he | WH E R E A S to dispense w i t h Clerks of P e t t y Sessions in some of t he Police |
| discharge of the dut ies now by law requi red to he performed by Clerks of P e t t y Sessions in such distr icts A n d whereas i t is considered |
| expedient to w i thd raw from | Pol ice Magis t ra tes t h e special powers now | |
| given to t h e m by the A c t of Counci l four teen th Victoria n u m b e r | forty- | |
| th ree adopt ing and app ly ing cer ta in Imper i a l Ac ts | for facil i tat ing | t h e | |
| performance of t h e dut ies of Jus t i ces of t he Peace | Be i t | therefore | |
| enacted b y t h e Queen ' s Mos t Exce l len t Majesty by and wi th t he advice and consent of t h e Legislat ive Counci l and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows :— |
| it is i n t ended to appoint Police Magis t ra tes for | and |
| 1. I n any Police Dis t r ic t for which a Clerk of P e t t y | Sessions |
shall no t be appoin ted it shal l be competen t to t h e Police Magistrate (if any) appointed for such dis t r ic t to discharge all or any of t he duties which now do or m a y hereafter pe r t a in to t h e office of Clerk of P e t t y Sessions and all acts done by such Magis t ra te in pu r suance hereof shall be as valid and effectual in t h e law as if done by such Clerk a n d all notices requi red to be given to such Clerk and al l o ther ma t t e r s and th ings requ i red to be done wi th or in reference to such Clerk may be given to or done wi th or in reference to such Magis t ra te and shall have t he l ike force and effect Provided t h a t i t shal l be lawful for t he
| Jus t i ces in P e t t y | Sessions | assembled | wi th in | t h e | dis t r ic t | to | requ i re |
such of t h e said dut ies acts ma t t e r s and th ings as they shall t h i n k convenient to be done by wi th or in reference to t he Chief or any Dis t r ic t Constable of t he distr ict and t h e r e u p o n such acts ma t t e r s and th ings shall be as valid and effectual as if done by wi th or in reference to a Clerk of P e t t y Sessions duly appoin ted as such.
| 2. The s ix th section of t he Ac t of Counci l four teenth | Victor ia |
| n u m b e r for ty- three is hereby repealed and from and after | t h e | pass ing |
| of th i s Ac t | such p a r t s of t h e Acts of t h e | I m p e r i a l | Pa r l i amen t | passed |
for facil i tat ing t h e performance of the dut ies of Jus t i ces of t h e Peace by t h e said Act of Counci l adopted and applied as give cer ta in special powers to Pol ice and St ipendiary Magis t ra tes shall cease to apply to Police Magis t ra tes wi th in th i s Colony except ing in dis tr icts or places in which it shall appear to t h e Governor and Execu t ive Council specially convenient to t h e publ ic tha t such powers should be exercised in which cases any such Police Mag i s t r a t e m a y by order of the Governor in Council be author ized to exercise such powers e i ther
| pe rmanen t ly | or t empora r i ly | as t h e case may | require . |