Anno Regni VICTORIĘ, Britanniarum Reginę, Secundo.

Counties (Detached Parts) Act, 1839

1839 (2 & 3 Vict.) C A P. LXXXII.

ARRANGEMENT OF SECTIONS

Section

Anno Regni VICTORIĘ, Britanniarum Reginę,Secundo.

Counties (Detached Parts) Act, 1839

1839 (2 & 3 Vict.) C A P. LXXXII.

AT the Parliament begun and holden at Westminster, the Fifteenth Day of November, Anno Domini 1837, in the Fist Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith: And from thence continued, by several Prorogations, to the Fifth Day of February 1839; being the Second Session of the Thirteenth Parliament of the United Kingdom of Great Britain and Ireland.

An Act for the better Administration of Justice in detached Parts of Counties.

[26th August 1839.]

'WHEREAS the Administration of Justice is hindered by the Distance of divers detached Parts of Counties in England and Wales from the Body of the Counties to which they severally belong, and wherein the Justices of the Peace having Jurisdiction in such detached Parts for the most part do dwell:' Be it 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, That after the passing of this Act it shall be lawful for any Justice or Justices of the Peace acting for any County to act as a Justice or Justices of the Peace in all Things whatsoever concerning or in anywise relating to any detached Part of any other County which is surrounded in whole or in part by the County for which such Justice or Justices acts or act; and that all Acts of such Justice or Justices of the Peace, and of any Constable or other Officer in obedience thereto, shall be as good, and all Offenders in such detached Part may be committed for Trial, tried, convicted, and sentenced, and Judgment and Execution may be had upon them, in like Manner as if such detached Part were to all Intents and Purposes Part of the County for which such Justice or Justices acts or act; and all Constables and other Officers of such detached Part are hereby required to obey the Warrants, Orders, and Acts of such Justice or Justices, and to perform their several Duties in respect thereof, under the Pains and Penalties to which any Constable or other Officer may be liable for a Neglect of Duty.

II. And be it enacted, That the Treasurer of every County in England and Wales shall keep an Account of all Expences occasioned to such County by any Act of such Justice or Justices of the Peace in or with respect to any such detached Part of any other County, or out of the Prosecution, Maintenance, and Punishment, Conveyance and Transport, of all Offenders committed from such detached Part, and shall twice in every Year send a Copy of such Account to the Treasurer of the other County to which such detached Part belongs, and the Treasurer of such other County shall out of the Monies in his Hands as Treasurer pay the same to the Order of the Treasurer sending the Account, with all reasonable Charges of making and sending the Account; and in case any Difference shall arise concerning the said Account, and such Difference shall not be adjusted by Agreement, it shall be lawful for either of the Parties to apply to the Justices of Assize of the last preceding Circuit or of the next succeeding Circuit, or to One of such Justices, who shall by Writing under their or his Hands or Hand nominate a Barrister at Law, not having any Interest in the Question, to arbitrate between the Parties; and such Arbitrator may, if he shall see fit, adjourn the Hearing from Time to Time, and require all such further Information to be afforded by either of the Parties as shall appear to him necessary, and shall by his Award in Writing determine the Matters in difference, and his Award shall be final and conclusive between the Parties; and such Arbitrator shall also assess the Costs of the Arbitration, and shall direct by whom and out of what Fund the same shall be paid.

III. And be it enacted, That in construing this Act the Word "County" shall be taken to mean and include County, Riding, Division, and Parts of a County having a separate Commission of the Peace.

IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.