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Schedules—First Schedule

Volume 65: debated on Monday 20 July 1914

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Indictable Offences:—
For the performance of all the several duties in every case committed for trial to the Assizes or Sessions, without regard to the number of prisoners included in the same charge150
(This fee does not cover taking recognisances or giving notice to the accused and his sureties when admitted to bail; nor attending to take the deposition of a witness prevented by sickness or otherwise from appearing in Court; nor supplying a copy of depositions. In cases of dismissal the separate fees for information, etc., are chargeable.)
For the performance of all the several duties in respect of any indictable offence dealt with summarily without regard to the number of persons charged in each case, and whether there is a conviction or not0150
Elementary Education Acts:—
Proceedings under the Acts, in each case, including summons, order, and conviction040
Distress warrants (if any)010
Committal (if any)010

For services not covered by the foregoing fees the following fees may be charged:—
Of parochial or other officers (except constables), to contain the names of all the persons appointed at the same time to the same office in the parish, hamlet, or place, including notice and oath when necessary050
Of any constable (other than special)010
Of valuer, arbitrator, etc.1100
Of special constables, if less than twenty-eight, for each person, to include notice, oath, and certificate010
If more than twenty-eight are appointed on one occasion, for attending to summons, swear in, and make out appointments, and the business thereof, for each day220
Army Act, 1881 (44 and 45 Vict, c. 58):—
Attestation of recruit (Section 80 (4) (d))010
Descriptive return in relation to deserter (Section 154 (6))020
Certificate of civil conviction or acquittal (Section 164)030
Warrant to provide carriages (Section 112)010
On a justice, to view deserted premises in order to affix notice or to give possession thereof, to view a highway bridge, or nuisance, or to take an examination elsewhere than in Court068
If required to go more than one mile from the place of holding Petty Sessions, for each mile after the first (one way)010
Case for the opinion of Superior Court (20 and 21 Vict. c. 43, Section 3):—
Drawing case and copy, when the case does not exceed five folios of 90 words0100
For every additional folio be yond five010
Taking recognisance as required by the Act050

Every enlargement or renewal thereof026
For certificate of refusal of case020
Every certificate not otherwise charged020
Return to and filing0134
Civil Debt (not including Rates):—
Summons and copy016
Order and copy030
Oath (each witness)010
Judgment summons and copy, including hearing030
Warrant of distress020
Commitment. (See Warrant.)
Every complaint not otherwise charged010
Every conviction, including returning same to the Court (to include all persons convicted on the same charge, except in cases where all persons convicted on the same charge cannot be included in the same conviction)026
Of depositions for prosecutor on the trial, per folio of 90 words004
Of depositions for prisoner, under 11 and 12 Vict., c. 42, s. 27, per folio of 90 words, not exceeding00
Of any other document, per folio of 72 words004
For the duplicate of any documentOne half the orginal fee.
Examination. (See Information.)
Each document annexed to or referred to in any affidavit or declaration and marked010
Explosives Act, 1875, (38 Vict., c. 17):—
Store licence (s. 15), not exceeding050
Store licence, renewal (s. 18), not exceeding010
Registering premises (s. 21), not exceeding010

Registering premises, renewal, not exceeding010
Small firework factory (s. 49) licence, not exceeding050
Small firework factory (s. 40) licence, renewal, not exceeding010
Extradition Act, 1873 (36 and 37 Vict., c. 60., s. 5):—
For taking a deposition in pursuance of an order made by the Secretary of State110
Each subsequent deposition taken in pursuance of the same order050
When no conviction or order is made010
Each information or examination (including oath)010
Jury Lists:—
For forwarding lists with schedule to the clerk of the peace (25 and 26 Vict., c. 107, s. 9)026
Revision fee to be fixed by the local authority subject to approval of Secretary of State.
For every licence, consent, or authority not otherwise provided for, to include registration when necessary050
Billiard licence (to include fee of 1s. to constable), 8 and 9 Vict., c. 109., s. 10100
Theatre licence (6 and 7 Vict., c. 68., s. 6), for each month for which theatre is open, not exceeding100
Registration of music and dancing licence (53 and 54 Vict., c. 59., s. 51)100
Every list not otherwise provided for which it is the duty of the clerk to the justices to make or transmit026
Every notice not otherwise provided for010
Every oath, affirmation, or solemn declartion not otherwise charged010
(Vide note at end of table.)

Order, certificate, or record of proceedings in case of deserted premises, or relating to a highway, bridge, or nuisance, or for protecting separate property of a married woman050
Order as to the settlement, removal, or maintenance of a pauper or lunatic, the affiliation of a bastard, or in case of fraudulent removal of goods050
Order for payment of allowance to special constables (one order to include all the constables appointed)020
Every order or minute thereof not otherwise charged030
Every precept016
Amending a rate, each name010
Taxing costs and order thereon030
Order on appeal050
Order for adjourning appeal, if required010
Allowance of rate020
Enforcement of any poor rate, including the complaint, summons, duplicate, or copy, and the hearing, but not not to include oaths when administered, nor the cost of a warrant if issued020
Warrant of distress020
Enforcement of any general district or other rate, including the complaint, summons, duplicate, or copy, and the hearing, but not to include oaths when administered, nor the cost of a warrant if issued020
Judgment summons (including hearing)026
Warrant of distress020
If more than one rate is included in the summons, for each rate after the first006
When the form of warrant provided for by 12 and 13 Viet. c. 14. s. 3 is used, for each name inserted in the Schedule over and above eight003

Every recognizance026
Notice to each person bound006
Every summons (to include all the names included in the same charge or intended to be summoned as witnesses in the same case for the prosecution or defence if applied for at the same time)010
Every copy006
Backing summons for service from outside jurisdiction010
Every warrant of distress when not otherwise provided for020
To commit after conviction in in which the conviction is set forth020
Every other warrant010
Return to warrant or endorsing warrant, including oath010
Backing warrant for execution from outside jurisdiction010

Note.—Nothing herein contained shall be construed to authorise the demand of any reswearing any person to any examination, or for any oath, affirmation, or declaration to obtain pay, pension, or allowance from Government or friendly society, or charitable fund, or for any declaration relating to lost duplicates of articles pledged where the amount advanced on such articles does not exceed 20s., or in any other case where an Act of Parliament directs that no fee shall be taken.

Amendment made: After the word "Schedule" ["First Schedule"] insert the words "Part I."

I beg to move, in paragraph "Indictable offences," after the word "duties" ["For the performance of all the several duties in respect of any indictable offence"], to insert the words "including commitment."

This and other Amendments are put down on expert advice and at the request of the clerks of the peace of this country in order that there may be one fee, and only one fee, and I hope that the House will accept them.

Amendment agreed to.

I beg to move, after the list of fees relating to the Elementary Education Act, to insert,

"Aliens Act, 1905:—
For the Performance of all the several duties in connection with the recommendation of a person for deportation050"

There is no such procedure as the hon. Gentleman contemplates by this language. The deportation and expulsion of an alien is a magisterial act after the trial.

It is a recommendation of a person for deportation, and there are certain duties which the clerks and the magistrates have to perform.

Question, "That those words be there added," put, and negatived.

I beg to move to add to the list of fees for "Attendance,"

"Expenses actually incurred for travelling (such amount not to be payable to the authority by whom the salary of the clerk to the justices is paid.)"

Is not this reducing the Schedule to an absurdity? You are directed to levy certain fees, and included in these fees are necessary expenses of persons who are called upon to execute the orders of the Court. If they are not included in "fees," then that word should be enlarged to include them. It is obviously a matter on which the Court is called upon to exercise jurisdiction, and I hope the right hon. Gentleman will see the necessity of making the Schedule complete by accepting the Amendment.

Question, "That those words be there added to the Bill," put, and negatived.

I beg to move to add to the list of fees for "Case for the opinion of Superior Court,"

"Certificate of officer of Court to whom periodical payments of money are to Be made010"

This is rendered necessary by the provisions of the Affiliation Orders Bill which has passed through all its stages in this House and is very nearly through in another place. I hope the right hon. Gentleman will accept it.

I cannot accept this Amendment because it does not properly come within the Schedule, which deals only with fees to be taken by the justices' clerk, and does not refer to officers of the Court who may or may not be justices' clerks. Neither could I accept it on its merits.

Amendment, by leave, withdrawn.

I beg to move, on page 28, line 41, to leave out the words "where payable to the clerk of the peace," and to insert instead thereof the words "(to be paid to the clerk of the peace) such fee as is authorised by the table of fees payable to the clerk of the peace.

In cases where a fee has not been authorised as aforesaid010"

I hope the Government will accept this Amendment.

The fee referred to by the hon. and learned Gentleman is one to which there is no strong objection so far as I am concerned.

On a point of Order. There are no such words in my copy of the Bill. Line 41, on page 28, simply says "charge cannot be included in the same conviction, 2s. 6d."

That is so. The fee was omitted in Committee, as the hon. and learned Gentleman will remember.

The right hon. Gentleman will remember that I handed to him the recommendations not only of the clerks of the peace, but of the county of Middlesex, and he assured me in Committee that he had already received them by post, and he promised between the Committee stage and the Report stage that he would give very careful consideration to them, and that he would endeavour so far as possible to incorporate them. I am afraid there has been an error in the printing as to the place where the Amendment should come in. If he has no objection to the fee, he must obviously know where it ought to come in, and I hope he will accept the Amendment.

Amendment made: Leave out the words, "Billiard licence (to include fee of 1s. to constable), 8 & 9 Vict. c. 109. s. 10100
Theatre licence (6 & 7 Vict. c. 68. s. 6), for each month for which theatre is open, not exceeding100
Registration of music and dancing licence (53 & 54 Vict. c. 59. s. 51)100"

[ Mr. McKenna.]

I beg to move, at the end of the paragraph "Licences," to insert, "Licensing (Consolidation) Act, 1910:—

On the deposit of plans of alterations under Section 71 (2)050"

This is a matter of some substance, because when applicants desire to alter the licensed premises they produce to the Petty Sessional bench a plan of the proposed alterations. If those plans are to be approved, questions of extension may arise and the plans have to be very carefully examined at the Petty Sessions. The Home Secretary cannot object to the person in possession of the tenancy, generally the brewer, who applies for the alterations being charged so modest a sum as 5s. for the examination of the plans. There is every reason requiring that fee to be authorised. It would be no hardship on persons who come forward to ask for the alterations, who will be well able to pay this charge to remunerate the clerk for the examination of the plans. Very often they have to be examined by an expert.

I regret that I cannot agree to accept this. All fees for work under the Licensing Act ought to be included in that Act. We ought not to select particular items out of various Acts

Division No. 188.]


[10.55 p.m.

Agg-Gardner, James TynteFell, ArthurRutherford, Watson (L'pool, W. Derby)
Archer-Shee, Major MartinGilmour, Captain JohnSanders, Robert Arthur
Baird, J. L.Glazebrook, Captain Philip K.Smith, Harold (Warrington)
Banbury, Sir Frederick GeorgeHall, D. B. (Isle of Wight)Spear, Sir John Ward
Barnston, HarryHamilton, C. G. C. (Ches., Altrincham)Stanley, Hon. G. F. (Preston)
Barrie, H. T.Hibbert, Sir Henry F.Starkey, John Ralph
Bathurst, C. (Wilts, Wilton)Hills, John WallerSteel-Maitland, A. D.
Bentinck, Lord H. Cavendish-Hogge, James MylesStewart, Gershom
Bigland, AlfredHope, Harry (Bute)Strauss, Arthur (Paddington, North)
Bird, A.Hope, Major J. A. (Midlothian)Talbot, Lord Edmund
Boyton, JamesHorner, Andrew LongWatson, Hon. W.
Bridgeman, William CliveLane-Fox, G. R.Weigall, Captain A. G.
Burn, Colonel C. R.Lloyd, George Butler (Shrewsbury)Weston, Colonel J. W.
Carlile, Sir Edward HildredLocker-Lampson, G. (Salisbury)Wheler, Granville C. H.
Cassel, FelixLocker-Lampson, O. (Ramsey)White, Major G. D. (Lancs., Southport)
Cecil, Evelyn (Aston Manor)Lyttelton, Hon. J. C.Wilson, Captain Leslie O. (Reading)
Cecil, Lord R. (Herts, Hitchin)M'Calmont, Major Robert C. A.Wood, Hon. E. F. L. (Yorks, Ripon)
Chaloner, Colonel R. G. W.Malcolm, IanWood, John (Stalybridge)
Clyde, J. AvonNewton, Harry KottinghamWorthington Evans, L.
Craig, Norman (Kent, Thanet)Parker, Sir Gilbert (Gravesend)Yate, Colonel C E.
Dickson, Rt. Hon. C. ScottPease, Herbert Pike (Darlington)
Duke, Henry EdwardPryce-Jones, Colonel E.


Eyres-Monsell, Bolton M.Rawlinson, John Frederick PeelNield and Sir W. Bull.


Abraham, William (Dublin, Harbour)Dillon, JohnJones, H. Haydn (Merioneth)
Acland, Francis DykeDonelan, Captain A.Jones, J. Towyn (Carmarthen, East)
Adkins, Sir W. Ryland D.Doris, WilliamJones, Leif (Notts, Rushcliffe)
Agar-Robartes, Hon. T. C. R.Duffy, William J.Joyce, Michael
Ainsworth, John StirlingDuncan, C. (Barrow-in-Furness)Kelly, Edward
Allen, Arthur A. (Dumbartonshire)Edwards, John Hugh (Glamorgan, Mid)Kilbride, Denis
Armitage, RobertElverston, Sir HaroldKing, J.
Asquith, Rt. Hon. Herbert HenryEsmonde, Dr. John (Tipperary, N.)Lambert, Richard (Wilts, Cricklade)
Baker, Joseph Allen (Finsbury, E.)Esmonde, Sir Thomas (Wexford, N.)Levy, Sir Maurice
Barlow, Sir John Emmott (Somerset)Falconer, JamesLewis, Rt. Hon. John Herbert
Barran, Sir John N. (Hawick Burghs)Farrell, James PatrickLow, Sir Frederick (Norwich)
Barran, Rowland Hurst (Leeds, N.)Fenwick, Rt. Hon. CharlesLundon, Thomas
Beauchamp, Sir EdwardFfrench, PeterLynch, Arthur Alfred
Benn, W. W. (T. Hamlets, St. George)Field, WilliamMacdonald, J. Ramsay (Leicester)
Birrell, Rt. Hon. AugustineFiennes, Hon. Eustace EdwardMacdonald, J. M. (Falkirk Burghs)
Black, Arthur W.Fitzgibbon, JohnMaclean, Donald
Boland, John PlusFlavin, Michael JosephMacnamara, Rt. Hon. Dr. T. J.
Booth, Frederick HandelFurness, Sir Stephen WilsonMacNeill, J. G. Swift (Donegal, South)
Bowerman, Charles W.Gladstone, W. G. C.MacVeagh, Jeremiah
Boyle, Daniel (Mayo, North)Glanville, Harold JamesMcKenna, Rt. Hon. Reginald
Brady, Patrick JosephGoddard, Sir Daniel FordMarkham, Sir Arthur Basil
Brunner, John F. L.Goldstone, FrankMarks, Sir George Croydon
Bryce, J. AnnanGreig, Colonel J. W.Marshall, Arthur Harold
Burt, Rt. Hon. ThomasGriffith, Rt. Hon. Ellis JonesMeagher, Michael
Byles, Sir William PollardGuest, Hon. Frederick E. (Dorset, E.)Meehan, Francis E. (Leitrim, N.)
Cawley, H. T. (Lancs., Heywood)Gulland, John WilliamMeehan, Patrick J. (Queen's Co., Leix)
Chapple, Dr. William AllenGwynn, Stephen Lucius (Galway)Millar, James Duncan
Clancy, John JosephHackett, JohnMolloy, Michael
Clough, WilliamHancock, John GeorgeMolteno, Percy Alport
Clynes, John R.Harcourt, Robert V. (Montrose)Montagu, Hon. E. S.
Collins, Sir Stephen (Lambeth)Harmsworth, Cecil (Luton, Beds)Morrell, Philip
Compton-Rickett, Rt. Hon. Sir J.Harvey, A. G. C. (Rochdale)Morison, Hector
Cornwall, Sir Edwin A.Harvew, T. E. (Leeds, West)Munro, Rt. Hon. Robert
Cowan, W H.Haslam, Lewis (Monmouth)Murphy, Martin J.
Crooks, WilliamHayden, John PatrickNicholson, Sir Charles N. (Doncaster)
Crumley, PatrickHelme, Sir Norval WatsonNolan, Joseph
Cullinan, JohnHenry, Sir CharlesNugent, Sir Walter Richard
Dalziel, Rt. Hon. Sir J. H. (Kirkcaldy)Higham, John SharpO'Brien, Patrick (Kilkenny)
Davies, David (Montgomery Co.)Hinds, JohnO'Connor, John (Kildare, N.)
Davies, Ellis William (Eifion)Hodge, JohnO'Connor, T. P. (Liverpool)
Davies, Timothy (Lines., Louth)Holt, Richard DurningO Doherty, Philip
Davies, Sir W. Howell (Bristol, S.)Howard, Hon. GeoffreyO'Donnell, Thomas
Dawes, James ArthurHudson, WalterO'Dowd, John
Delany, WilliamHughes, Spencer LeighO'Malley. William
Devlin, JosephIllingworth, Percy H.O'Neill, Dr. Charles (Armagh, S.)
Dickinson, Rt. Hon. Willoughby H.Jones, Edgar (Merthyr Tydvil)O'Shaughnessy, P. J.

of Parliament and put them under this Bill.

Question put, "That those words be there added to the Bill."

The House divided: Ayes, 66; Noes, 204.

O'Sullivan, TimothyRobertson, John M. (Tyneside)Thorne, G. R. (Wolverhampton)
Palmer, Godfrey MarkRobinson, SidneyToulmin, Sir George
Parker, James (Halifax)Roch, Walter F. (Pembroke)Verney, Sir Harry
Parry, Thomas H.Roche, Augustine (Louth)Wason, Rt. Hon. E. (Clackmannan)
Pease, Rt. Hon. Joseph A. (Rotherham)Roe, Sir ThomasWason, John Cathcart (Orkney)
Phillips, John (Longford, S.)Rowlands, JamesWatt, Henry Anderson
Ponsonby, Arthur A. W. H.Russell, Rt. Hon. Thomas W.Wedgwood, Josiah C.
Pratt, J. W.Samuel, Rt. Hon. H. L. (Cleveland)White, J. Dundas (Glas., Tradeston)
Price, Sir R. J. (Norfolk, E.)Samuel, J. (Stockton-on-Tees)White, Patrick (Meath, North)
Priestley, Sir Arthur (Grantham)Scanlan, ThomasWiles, Thomas
Primrose, Hon. Neil JamesScott, A. MacCallum (Glas., Bridgeton)Wilkie, Alexander
Pringle, William M. R.Sheehy, DavidWilliams, Aneurin (Durham, N. W.)
Radford, George HeynesSherwell, Arthur JamesWilliams, Penry (Middlesbrough)
Rea, Rt. Hon. Russell (South Shields)Shortt, EdwardWilson, Rt. Hon. J. W. (Worcs., N. W.)
Rea, Walter Russell (Scarborough)Simon, Rt. Hon. Sir John AllsebrookWilson, W. T. (Westhoughton)
Reddy, MichaelSmith, Albert (Lancs., Clitheroe)Wing, Thomas Edward
Redmond, John E. (Waterford)Smyth, Thomas F. (Leitrim, S.)Yeo, Alfred William
Redmond, William (Clare, E.)Spicer, Rt. Hon. Sir AlbertYounger, Sir George
Redmond, William Archer (Tyrone, E.)Sutton, John E.Yoxall, Sir James Henry
Rendall, AthelstanTaylor, John W. (Durham)
Roberts, Charles H. (Lincoln)Taylor, Theodore C. (Radcliffe)


Roberts, George H. (Norwich)Taylor, Thomas (Bolton)William Jones and Mr. H. Webb.
Roberts, Sir J. H. (Denbighs)Thomas, James Henry

I beg to move, at the end of the paragraph headed "Licences" to add,

"Cinematograph licence (9 Edw. 7, c. 30, s. 2 (5) for each month during which the licence is granted, not exceeding100"

The hon. Member will see that I have an Amendment—[HON. MEMBERS: "Speak up!"]—on the Paper which includes in Part II. of the Schedule matters to which Part I. does not apply, and included in that is the cinematograph business.

Amendment, by leave, withdrawn.

I beg to move, in the paragraph "Order," to leave out the words "the affiliation of a bastard." The object of this Amendment is that the fees in connection with affiliation orders should be reduced in certain circumstances.

Amendment agreed to.

Further Amendments made: At the end of the paragraph "Order" insert,

"Order as to the affiliation of of a bastard, or under the Summary Jurisdiction (Married Women) Act, 1895020
Variation, revocation, or revival of order010"

—[ Mr. King.]

I beg to move, in the paragraph headed "Rating" to leave out all words following "allowance of rate 2s." down to, and including "warrant of distress 2s.," and to insert instead thereof:

"Enforcement of any poor, general district, or other rate, to include complaint, summons, and all other proceedings for which separate fees are not provided here under020
Warrant of distress020
Judgment summons (including hearing)026
Summons (if any) in poor rate cases to show cause why defaulter should not be committed020"

I hope that the Home Secretary has satisfied himself that this arrangement is far better than that which is suggested in the Schedule. I hope that this is a case in which he has profited by the documents which were given him to study, and that he will accept this moderate Amendment.

Amendment agreed to.

Further Amendments made: In paragraph "Warrant," after the word "conviction" ["after conviction"], to insert the words "or order."

After the word "conviction" ["the conviction is"], to insert the words "or order."—[ Mr. Nield.]