36. Mr. CHANCELLORasked the Home Secretary whether he is aware that in certain petty sessional divisions it is a practice for justices of the peace to charge a fee for the signing of a declaration under the Statutory Declarations Act, 1835, even when acting away from the Court, and to hand such fee afterwards to the clerk to the magistrates; whether he is aware that the handling of money by the magistrates under such circumstances is illegal; and whether he will notify clerks-to the justices to that effect?
§ Mr. McKENNAA justice of the peace has not, so far as I am aware, any authority to charge a fee for taking a 573 statutory declaration; nor is a justice's clerk entitled to the fees allowed in the prescribed table, except in respect of services actually rendered. I am advised, therefore, that, if not actually illegal, it would be most unbecoming for a justice to receive a fee for taking a statutory declaration for the purpose of handing it over to a justice's clerk who was not present and took no part in the matter. I have no reason to suppose that such a practice as my hon. Friend suggests is prevalent; but if he will bring any case to my notice I will make inquiry.