CLERKS OF THE PEACE.

HC Deb 02 July 1835 vol 29 cc184-6

Mr. Fox Maule

brought up Returns of the Justices of the Peace in the several counties in England and Wales—also of the Clerks of the Peace for the several counties, and also of the number of Licenses granted to Victuallers in March, 1834, &c. The hon. Member stated that no Returns had been received from the Clerks of the Peace for the county of Buckingham, the West Riding of Yorkshire, the counties of Pembroke and Carnarvon. He begged leave therefore, to move that the House should order that those Returns be forthwith made.

Sir Robert Inglis

said, that no provision was made to meet the expenses of the Clerks of the Peace on those occasions. It was not understood that they should be paid out of the county-rates.

Mr. O'Connell

asked whether it was compulsory on the Clerks of the Peace to accept their offices? If not, they certainly should discharge the duties of the office.

The Attorney-General

said, it was a mistake to suppose that the expenses of the Clerks of the Peace could be paid out of the county-rates.

The Chancellor of the Exchequer

desired to know if any public officers could disobey the orders of that House until they were first paid for their services? Surely every public officer held office subject to the control of the House whenever information was required.

Mr. Hume

said, that although that Question had been then for the first time before the House, it had on every occasion arisen before private Committees whenever it was required from Clerks of the Peace. The present was a most erroneous system. The county should, for the discharge of all duties, pay a fixed salary to the proper officer. He had lately seen a list of charges by a Clerk of the Peace to an amount so extravagant as not to be borne. In fact, every item was on the scale of a lawyer's charges for his professional services. The gentlemen of the several counties ought to put an end to that system, by allowing an annual salary sufficient to pay for the performance of every duty connected with the Clerkship of the Peace. He had, indeed, seen a list of salaries paid to Clerks of the Peace throughout England, and on the average they amply remunerated the Clerks for all the duties they performed in their counties, and were called on to do for the House. He supported his hon. Friend's Motion.

Mr. Gilbert Heathcote

hoped the interests of the counties would be taken into consideration. Hon. Gentlemen were not aware of the heavy expense of those Returns. He had seen a Clerk of the Peace's account, one-fourth of which, and they were heavy, was caused by the Returns ordered by the House. If these Returns were necessary for the general service of the public, they ought to be paid for by the public, and not by the counties.

Mr. Fox Maule

said, that the Clerks of the Peace for Buckingham and the West Riding of Yorkshire had promised to make the Returns. A partial promise had been obtained from the Clerks of the Peace for the county of Pembroke; but the Clerk of the Peace for Carnarvon, although he had the Returns made up, refused to give them unless his expenses were secured. He had, in his official capacity, called on the Clerk of the Peace three times for the Returns, but he refused, and declared his determination to abide the alternative of meeting any consequences.

The Chancellor of the Exchequer

, in consequence of what had fallen from his hon. Friend, gave notice that if the Returns for Carnarvon were not made within a fortnight, he should move that the Clerk of the Peace for that county should be summoned to the Bar of the House.

Sir Matthew White Ridley

suggested that the better way to regulate the matter would be, that the hon. Gentleman who moved for those Returns should pay for them.

Major Beauclerk

thought the public funds should pay the expenses.

Mr. Aglionby

said, that having moved for these Returns he would readily, according to the hon. Baronet's hint—have paid the expenses himself rather than they should not be made, so important did he consider them.

Mr. Goulburn

suggested that a provision be made for those parties who were put to very great expense.

Motion agreed to.