Parliamentary Documents Deposit Act 1837

1837 CHAPTER 83

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 Writings, shall be deposited in the Office of the Clerk of the Peace 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, and the Postmaster of the Post Town in or nearest to every Parish in Ireland, 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 Clerks of the Peace, Sheriff Clerks, Parish Clerks, Schoolmasters, Town Clerks, Postmasters, and other Persons, and should remain in their Custody for the Purposes herein-after mentioned :

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,

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.

That 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 Clerks of the Peace, Sheriff Clerks, Parish Clerks, Schoolmasters, Town Clerks, Postmasters, 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.

II Clerks of the Peace, &c. to permit such Documents to be inspected or copied by Persons interested.

And be it further enacted, That all Persons interested shall have Liberty to, and the said Clerks of the Peace, Sheriff Clerks, Parish Clerks, Schoolmasters, Town Clerks, and Postmasters, 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 Clerk of the Peace, Sheriff Clerk, Clerk of the Parish, Schoolmaster, Town Clerk, or Postmaster having the Custody of any such Map, Plan, Section, Book, Writing, Extract, or Copy, One Shilling for every such Inspection, and the further Sum of One Shilling for every Hour during which such Inspection shall continue after the first Hour, and after the Rate of Sixpence for every One hundred Words copied therefrom.

III Clerks of the Peace, he. for every Omission to comply with the Provisions of this Act, liable to the Penalty of 5l. to be recovered in a summary Way

And be it further enacted, That in case any Clerk of the Peace, Sheriff Clerk, Parish Clerk, Schoolmaster, Town Clerk, Postmaster, or other Person shall in any Matter or Thing refuse or neglect to comply with any of the Provisions herein-before contained, every Clerk of the Peace, Sheriff Clerk, Parish Clerk, Schoolmaster, Town Clerk, Postmaster, or other Person shall for every such Offence forfeit and pay any Sum not exceeding the Sum of Five Pounds; 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.