§ (1) Where a Court of Summary Jurisdiction orders money to be paid periodically by one person to another, the Court may, if it thinks fit, order that the payment shall be made through an officer of the Court or any other person named in the order.
§ (2) Where a Court of Summary Jurisdiction has either before or after the commencement of this Act ordered money to be paid periodically by one person to another, the Court which made the order, or any other Court of Summary Jurisdiction for the same Petty Sessional Division, may, if it thinks fit, order that the payment shall be made through an officer of the Court or any other person named in the order.
§ (3) Any order made either before or after the commencement of this Act by a Court of Summary Jurisdiction for the periodical payment of money may, upon cause being shown upon fresh evidence to the satisfaction of the Court, be revoked, revived, or varied by a subsequent order.
§ (4) Where a Court of Summary Jurisdiction makes an order for the periodical payment of money through an officer of 154 the Court or other person named in the order, the authority having the control of the fund out of which the salary of the clerk of that Court is paid may pay to that officer or person out of that fund, in manner provided by rules made by the Secretary of State, a sum not exceeding five pounds per centum on the money actually paid through him in pursuance of the order, as remuneration to him in respect of the work done and expenses incurred by him in respect of the order.
§ Amendments made: In Sub-section (1), to leave out the word "named" ["person named"], and insert instead thereof the words "or officers specified"; in Sub-section (2), leave out the word "named" ["person named"], and insert instead thereof the words "or officers specified"; in Sub-section (4), leave out the word "named" ["person named"], and insert instead thereof the words "or officers specified."—[Mr. Mckenna.]
I beg to move, to leave out the word "may" ["may pay to that officer"], and to insert instead thereof the word "shall."
This Amendment is to secure that the officer shall have same remuneration assured to him if he has to collect this money. He has all the labour of collecting it, and, what is more important, all the responsibility of accounting for it. The collection of small sums is very troublesome. Small sums are liable to be forgotten, mistakes are easily made, amounts may be lost, and very often the man who had to collect the small fines would, through no fault of his own, be out of pocket at the end of the year. I think, therefore, he ought to have some payment assured to him.
§ Mr. McKENNA
The object of the hon. Member would not be met by this Amendment, because no precise sum is named. The Clause simply says, "may pay a sum not exceeding." It might be simply one pound. The Clause is inserted at the desire of the parties concerned, who are quite satisfied with the word "may." All they ask is that an enabling power should be given.
I have had a particular communication from justices themselves who wish for this alteration. I have not the letter with me, but I saw it a few 155 minutes ago, and it is most specific. Perhaps the right hon. Gentleman will give me an assurance that these people will be paid. If he will promise to have words inserted in another place to ensure that, I shall be satisfied.
§ Mr. McKENNA
I simply explained that the hon. Member's Amendment would not affect his object. I believe the words already meet the case. There is, in addition, the technical point that, as a charge on the rates would be involved, the question cannot be raised for the first time on the Report stage.
§ Amendment negatived.