Parliamentary Documents Deposit Act 1837

1837 CHAPTER 83 7 Will 4 and 1 Vict

An Act to compel Clerks of the Peace for Counties and other Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.

[17th July 1837]

Whereas the Houses of Parliament are in the habit of requiring that, previous to the introduction of any Bill into Parliament for making certain bridges, turnpike roads, cuts, canals, reservoirs, aqueducts, waterworks, navigations, tunnels, archways, railways, piers, ports, harbours, ferries, docks, and other works, to be made under the authority of Parliament, certain maps or plans and sections, and books and writings, or extracts or copies of or from certain maps, plans, or sections, books and writing, shall be deposited in the office of the[F1 clerk of the peace][F1 clerk of the district council] for every county, riding, or division in England or Ireland, or in the office of the sheriff clerk of every county in Scotland, in which such work is proposed to be made, and also with the parish clerk of every parish in England, the schoolmaster of every parish of Scotland, or in royal burghs with the town clerk, . . .F2 , in which such work is intended to be made, and with other persons: And whereas it is expedient that such maps, plans, sections, books, writings, and copies or extracts of and from the same, should be received by the said[F3 clerks of the peace][F3 clerks of the district councils], sheriff clerks, parish clerks, schoolmasters, town clerks, . . .F2 , and other persons, and should remain in their custody for the purposes hereinafter mentioned:

Textual Amendments

F1 Words “clerk of the district council” substituted (N.I.) for words “clerk of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II

F2 Words repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

F3 Words “clerks of the district councils” substituted (N.I.) for words “clerks of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II

Modifications etc. (not altering text)

C1 Short title given by Short Titles Act 1896 (c. 14)

C2 Act repealed (E.W.) by Local Government Act 1933 (c. 51), Sch. 11 and London Government Act 1939 (c. 40), Sch. 8

[1.] Clerks of the peace, &c. to receive the documents herein mentioned, and retain them for the purposes directed by the standing orders of the Houses of Parliament. U.K.

Whenever either of the Houses of Parliament shall, by its standing orders already made or hereafter to be made, require that any such maps, plans, sections, books, or writings, or extracts or copies of the same, or any of them, shall be deposited as aforesaid, such maps, plans, sections, books, writings, copies, and extracts shall be received by and shall remain with the [F4 clerks of the peace][F4 clerks of the district councils], sheriff clerks, parish clerks, schoolmasters, town clerks, . . . F5 , and other persons with whom the same shall be directed by such standing orders to be deposited, and they are hereby respectively directed to receive and to retain the custody of all such documents and writings so directed to be deposited with them respectively, in the manner, and for the purposes, and under the rules and regulations concerning the same respectively directed by such standing orders, and shall make such memorials and endorsements on and give such acknowledgments and receipts in respect of the same respectively as shall be thereby directed.

Textual Amendments

F4 Words “clerks of the district councils” substituted (N.I.) for words “clerks of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II

F5 Words repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

2 Clerks of the peace, &c. to permit such documents to be inspected or copied by persons interested. U.K.

All persons interested shall have liberty to, and the said [F6 clerks of the peace][F6 clerks of the district councils], sheriff clerks, parish clerks, schoolmasters, town clerks, . . . F7 , and every of them, are and is hereby required, at all reasonable hours of the day, to permit all persons interested to inspect during a reasonable time and make extracts from or copies of the said maps, plans, sections, books, writings, extracts and copies of or from the same, so deposited with them respectively, on payment by each person to the [F8 clerk of the peace][F8 clerk of the district council], sheriff clerk, clerk of the parish, schoolmaster, town clerk, . . . F7 having the custody of any such map, plan, section, book, writing, extract, or copy [F9 5p] for every such inspection, and the further sum [F9 5p] for every hour during which such inspection shall continue after the first hour, and after the rate of [F9 2½p] for every one hundred words copied therefrom.

Textual Amendments

F6 Words “clerks of the district councils” substituted (N.I.) for words “clerks of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II

F7 Words repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

F8 Words “clerk of the district council” substituted (N.I.) for words “clerk of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II

F9 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

3 Clerks of the peace, &c. for every omission to comply with the provisions of this Act, liable to the penalty of 5l. to be recovered in a summary way. U.K.

In case any [F10 clerk of the peace][F10 clerk of the district council], sheriff clerk, parish clerk, schoolmaster, town clerk, . . . F11 , or other person shall in any matter or thing refuse or neglect to comply with any of the provisions herein-before contained, every [F10 clerk of the peace][F10 clerk of the district council], sheriff clerk, parish clerk, schoolmaster, town clerk, . . . F11 , or other person shall for every such offence forfeit and pay any sum not exceeding the sum of [F12 five pounds][F12 level 1 on the standard scale]; and every such penalty shall, upon proof of the offence before any justice of the peace for the county within which such offence shall be committed, or by the confession of the party offending, or by the oath of any credible witness, be levied and recovered, together with the costs of the proceedings for the recovery thereof, by distress and sale of the goods and effects of the party offending, by warrant under the hand of such justice, which warrant such justice is hereby empowered to grant, and shall be paid to the person or persons making such complaint; and it shall be lawful for any such justice of the peace, to whom any complaint shall be made of any offence committed against this Act, to summon the party complained of before him, and on such summons to hear and determine the matter of such complaint in a summary way, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing or in print shall have been exhibited or taken by or before such justice; and all such proceedings by summons without information shall be as good, valid, and effectual to all intents and purposes, as if an information in writing had been exhibited.

Textual Amendments

F10 Words “clerk of the district council” substituted (N.I.) for words “clerk of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II

F11 Words repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

F12 Words “level 1 on the standard scale” substituted (S.) for “five pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) s. 289G

Modifications etc. (not altering text)

C3 Unreliable marginal note