Suspension and Dismissal.]—But if the clerk of the peace "misdemean himself in the execution of the said office, and a complaint and charge in writing of such misdemeanour shall be exhibited against him to the court of quarter session, such court, on due examination and proof openly heard before them, may suspend or discharge him (y). On such vacancy, the custos rotulorum may appoint another; and if he neglect to do so before the ensuing quarter sessions, the justices assembled may appoint to the office (z). Extortion is one of the offences for which this power of the sessions may be exerted (a). The order of sessions removing a party so charged, need not set forth the evidence on which it is founded (b).

Oaths of Office.]-On entering upon his office, the clerk of the peace, besides taking the oaths of allegiance, supremacy, and abjuration, if a protestant, and the oaths prescribed by 10 G. IV. c. 7, if a catholic, must take the following oath :

I, A. B. do swear, that I have not paid nor will pay any sum or sums of money, or other reward whatsoever, nor have given nor will give any bond or other insurance to pay any money, fee, or profit, directly or indirectly, to any person or persons whomsoever, for such nomination and appointment; so help me God.

Duties.]-The clerk of the peace, by himself or his sufficient deputy, must be in constant attendance on the court of quarter sessions. He gives notice of its being holden or adjourned; issues its processes; records its proceedings; and does all the ministerial acts necessary to give effect to its decisions. It is his duty, when prosecutors do not choose to seek professional assistance elsewhere, to draw the bills of indictment for felony at a fee of only 28. each (c); and if an indictment so prepared by him or his deputy be found defective, he is bound to provide another gratis, on pain of forfeiting 57. to any who will sue (d). He has also been said to be amerciable in the court of king's bench, for gross errors in indictments framed by him, and brought before that court on certiorari (e); and though, perhaps, at the present day he would scarcely be held responsible for mere error, there is no doubt that if an indictment drawn by him were of immoderate and oppressive length, it might be referred to the master, upon whose report he might be ordered to pay the costs of such parts of it as should be found manifestly superfluous (f). It seems, however, that the obligation

(y) 1 W. & M. sess. 1, c. 21, s. 6. See the form, 2 Stra. 996.

(z) 1 W. & M. sess. 1, c. 21, s. 6. (a) 1 Mod. 192.

(b) R. v. Lloyd, 2 Stra. 996.

(c) 10 & 11 W. III. c. 23, s. 7.
(d) 10 & 11 W. III. c. 23, s. 8.
(e) Lilly's Pract. Reg. 71.

(f) R. v. May, 1 Dougl. 193, 194 n. The indictment contained recitals of con

to draw indictments at the statutable fee of 2s. is confined to cases of felony; and in case of misdemeanour he may make reasonable charges to prosecutors requiring his assistance.

In the actual course of the sessions, it is the duty of the clerk of the peace, as officer of the court, to read such matters as are by statute (g) directed to be read in sessions, as well as documents proved in evidence; to call over and swear all jurors, and make known their defaults and excuses to the court; to call the parties under recognizance, whether to prosecute, plead, or give evidence; to present the bills to, and receive them from, the grand jury; to arraign prisoners; to receive and record verdicts; to administer all oaths for the justices, though this duty is often performed by the crier; to tax costs as the minister and in aid of the court, and make true entries of all proceedings. By an ancient statute (h), he was bound to certify to the court of king's bench the names of such as are outlawed, attainted, or convicted of felony; and by 55 G. IV. c. 29, he was required to make annual return of persons tried at sessions to his majesty's principal secretary of state for the home department, under penalty of 1001.; but he has been relieved from these duties by recent provisions (i). If he shall discharge or conceal any fine or forfeiture, unless by rule of court, he is liable to forfeit treble value, half to the king, and half to him that shall sue, to lose his office, and be incapacitated ever to hold any office connected with the revenue (j). And neither he nor his deputy may act as solicitor, attorney, or agent, or sue out any process at any general or quarter sessions where he shall execute the office of clerk of the peace or deputy, on pain of 501., to him that shall sue within three months, to be recovered with treble costs (k).

Fees.]-By 57 G. III. c. 91, the fees of the clerk of the peace are to be ascertained, and a table expressing them arranged by the court of general quarter sessions, to be submitted to the approval of the next court of general quarter sessions, and finally, having received their sanction, to the judges of assize, at the following circuit, by whom it is to be ratified, with any alterations which they may deem just. The table of fees, when once confirmed in this manner, may be altered by the justices in session, subject in like manner to the approval of a sub

sequent court of quarter session, and afterwards to the correction of the judges (); such table is to be deposited with the clerk of the peace, and an exact written or printed copy placed and kept in a conspicuous part of the room where the quarter session is held, on pain of forfeiture by the clerk of the peace of 51. to any person who shall sue for the same within three months (m); and if he receive any greater fee or allowance than authorized by such table, he is subjected to a similar penalty (n). There is no doubt also that if he wilfully take more than his due, under colour of his office, he will be liable to be indicted for extortion at common law, or to be removed from his office on articles exhibited against him in the court of quarter sessions (o). It is said that he is not bound "to enter judgment or the like, at the suit of any," without receiving his legal fee for the same; but he is compellable to enter, without previous fee, whatever the court shall order without the suit of another (p); and it may now be taken that he is bound to enter whatever they, on reference to them, shall absolutely command (q). The sessions cannot compel payment of his fees by summary process, or detain parties till they are paid, but he must seek his remedy by action (r); and it is questionable whether the sessions have power to make him any compensation under 55 G. III. c. 51, s. 16, for any labour performed by him respecting the county rates. At all events they cannot make a prospective order for future payments to him on such an account (s). Where a prisoner is sentenced to transportation by a court of quarter sessions, the clerk of the peace of every such court is entitled to have from the county treasurer such fee as has been usually paid, and he is lawfully entitled to receive for the order of transportation: nor will a long disuse of receiving them, viz. during forty-five years, affect the right (t).

Duty as to Fines, Estreats, &c.]-The duties of the clerk of the peace with respect to fines and forfeitures are now mainly regulated by 3 G. IV. c. 46. By that statute all justices are required to certify fines, issues, and amerciaments imposed by them, or recognizances forfeited before them, or sums paid in lieu of either of them (of which

acts of parliament have not otherwise disposed), in writing, authenticated by their signatures, containing the names, residences, and occupations of the parties, the amount forfeited, and the cause of the forfeiture, to the clerk of the peace of the county, or town clerk (u) of the city or borough in which the forfeiture occurred, at or before the next ensuing sessions. These fines, &c. (with such forfeited recognizances to appear, or to prosecute and give evidence in felonies or misdemeanours, or to answer for a common assault, or to articles of the peace, as the recorder, chairman, or two other justices who have attended the court, shall by order direct to be estreated or put in process, and those only) (v) the clerk of the peace is to copy on a roll, together with all forfeitures incurred, or fines imposed at the sessions, and within such time as the court may fix, not exceeding twenty-one days after its adjournment, is to send a copy of that roll with a writ of distringas, or fieri facias and capias, in the forms prescribed by the act, to the sheriff, bailiff, or officer, as the case may be, with a distringas and capias or fieri facias and capias, that he may proceed to levy or recover them (w). Before he delivers the roll to the sheriff, he must make oath before a justice of the county or other jurisdiction, in the following form (x) :—

I, A. B., clerk of the peace for the county of B., make oath that this roll is truly and carefully made up, and examined, and that all fines, issues, amerciaments, recognizances, and forfeitures, which were set, lost, imposed, or forfeited, and in right and due course of law ought to be levied and paid, are, to the best of my knowledge and understanding, inserted in the said roll, and that in the said roll are also contained and expressed all such fines as have been paid to or received by me, either in court or otherwise, without any wilful or fraudulent discharge, omission, misnomer, or defect whatever; so help me God.

This oath is to be indorsed on the back of the writ or of the roll which the sheriff is to return to the following sessions, with a statement of what he has done to levy the sums which it describes as due; and his return, with a duplicate of the roll, and a certificate by the sessions that the sheriff's duty has been performed, is to be returned by the clerk of the peace to the lords of the treasury (y). Besides the fees on

(u) The effect of 5 & 6 W. IV. c. 76, seems to be that the clerk of the peace in boroughs must now do this duty.

(v) 7 G. IV. c. 64, s. 31, clerks of the peace before estreating such recognizances as the above, must lay a list of them before the court for examination and order thereon, ibid. (at length, post, Ch. XIII. s. 7.)

(w) 3 G. IV. c. 46, s. 2.

(x) Id. s. 3. By 3 & 4 W. IV. c. 99, s. 30, where fines, issues, recognizances, penalties, forfeitures, or deodands are required by any act in force to be estreated on oath into the court of exchequer, the oath may be taken before a judge or commissioner for taking affidavits, master extraordinary in chancery, or a justice.

(y) 3 G. IV. c. 46, s. 8.

forfeited recognizances, the clerk of the peace is entitled to an allowance of sixpence for every hundred words for all copies of the roll so transmitted to the sheriff. For any neglect of the duty so imposed he is liable to forfeit 50l. to be recovered with costs by any one who will sue in any of the courts at Westminster (z).

Besides the roll thus delivered to the sheriff, and finally transmitted to the exchequer, the clerk of the peace (or town clerk) (a) must yearly, before the second Monday after the morrow of all souls, deliver into the court of exchequer, a duplicate of all fines, issues, amerciaments, and forfeited recognizances, &c. contained in the rolls sent during the year to the sheriff (b). This duplicate must be delivered on oath; for, though the 3 G. IV. c. 46, does not expressly require this formality, the 4 & 5 W. & M. c. 24, s. 5, which prescribes such oath, is not, for this purpose, repealed, and the oath attesting the yearly duplicate is not superseded by the oaths taken before the magistrates to the correctness of the quarterly rolls (c). This oath must either be taken before a baron of the exchequer, or by commission; when it is taken by commission, the clerk of the peace should furnish the names of three or more persons, and to them, on a baron's warrant, a commission issues to administer the oaths, which must be taken before two at least of the commissioners so appointed (d).

But in a late case, the amount being under 5l., the court of exchequer permitted the town clerk of Richmond, in Yorkshire, to verify his return of estreats made to them under 3 G. IV. c. 46, s. 14, by affidavit, without a commission or personally appearing; and directed a similar course for the future, where the estreats, &c. did not amount to that sum (e).

The court of exchequer has no jurisdiction over recognizances forfeited at quarter sessions, if not estreated, though the yearly certificate of them has been delivered into exchequer, under 3 G. IV. c. 46, s. 14(f); and only the quarter sessions can relieve (g).

Copies of Indictments.]-Upon the important subject of the duty

R. 176; 2 Cromp. & J. 122.

(f) R. v. Thompson, 3 Tyrwhitt's R. 53; R. v. Pellow, 13 Pri. 299; M'Lelland, 111; R. v. Hankins, M'Lelland & Younge, 27.

(g) Ibid. See Haynes v. Hayton, 7 B. & C. 293; Reg. v. Yorkshire (W. R.) Justices, in re Thornton, 7 Ad. & E. 583; 2 N. & P. 457; post, Chap. XIII. s. 7, tit. Estreat.