Petty Sessions (Ireland) Act, 1851

PETTY SESSIONS (IRELAND) ACT 1851

CHAPTER XCIII.

An Act to consolidate and amend the Acts regulating the Proceedings at Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions, in Ireland.[1] [7th August 1851.]

[Preamble.]

Division of the county into petty sessions districts, and arrangements to be made by quarter sessions.

1. The several petty sessions districts into which any county or riding of a county in Ireland is now divided, and the places and times at which petty sessions are now appointed to be held therein, shall, until altered in the manner herein-after provided, be the several districts, places, and times in such county or riding for the purposes of this Act: But whenever it shall appear to the justices at quarter sessions that any of the said districts, places, and times now fixed (or which shall hereafter be fixed) in any county or riding require alteration, or whenever they shall be called upon so to do either by the Lord Lieutenant or by a requisition signed by any seven or more of the justices of any county or riding, they shall proceed at the next quarter sessions which shall be held for such county or riding, or at any adjournment of the same for that purpose, to revise the said districts, places, and times, subject to the follwing provisions:

1. They shall divide such county or riding into convenient petty sessions districts for the purposes of this Act, and shall declare the several parishes or townlands of which each of such districts shall consist; and in so doing it shall be lawful for them, with the concurrence of the justices of any adjoining county assembled at any like quarter sessions, or at any adjournment of the same, to include in any of such districts any townlands of such adjoining county, where it shall be conducive to the public convenience, and where no part of such townlands shall be at a greater distance than seven miles from the place where petty sessions shall be held for the district to which same shall be annexed:

2. They shall also fix some one convenient place within each district at which petty sessions shall be held for the same:

3. They shall also fix the times when petty sessions shall be regularly held in each district; but it shall be lawful for the justices of each district afterwards to fix the particular days in each week upon which such petty sessions shall be held:

And whenever any of the said districts, places, and times shall have been so fixed or altered, the clerk of the peace shall forthwith enter all particulars as to the same in the Crown book, and shall transmit a certified copy of such entries to the secretary of the grand jury, to be laid before such grand jury at the then next ensuing assizes, (and in the county of Dublin at the then next ensuing presentment term,) and the same shall be printed with the presentments: Provided always, that when it shall appear to such justices at quarter sessions that such alteration is required, or whenever a requisition for the consideration of an alteration shall be received from the Lord Lieutenant, or from seven or more justices as aforesaid, the clerk of the peace of the county shall transmit a notice in writing of the intended consideration of such alteration to every justice of the county or riding, as the case may be; and such notice, stating the time and place appointed for the consideration of such alteration, shall be transmitted at least one month before the time so appointed.

[Ss. 2 (appointment of clerk of petty sessions) 3, 4 rep. 21 & 22 c. 100. s. 4. See now s. 7 of that Act.]

Duties of clerk of petty sessions.

14 & 15 Vict.c. 90.

5. The clerk of petty sessions shall perform the following duties:

1. He shall make, when required by any of the justices, a minute of all special proceedings, taken either in or out of petty sessions, in a book to be kept for that purpose, to be called the “Minute Book,” and shall also make such entries in the “Order Book” (form D.) herein-after mentioned, as the justices shall direct:

2. He shall also have the care and custody of such books, subject to their being kept at the court house or place where the petty sessions shall be held, or otherwise as the justices shall direct, and also subject to their being at all times open to the inspection of the justices and of any other person or persons whom the Lord Lieutenant may at any time appoint to examine the same:

3. He shall also prepare, under the directions of the justices, all informations, summonses, examinations, warrants, recognizances, and other documentary forms of proceeding:

4. He shall retain, or (if so directed by the justices) shall copy or cause to be copied into a book to be kept for the purpose, all orders or circulars, or opinions of the law officers or advisers of the Crown, addressed or transmitted to the justices, and shall also also make copies of all informations, depositions, or examinations, when so directed by the justices, and shall also retain copies of all abstracts or schedules of documents transmitted to the clerks of the Crown and peace as herein-after provided:

5. He shall enter all cases in the order in which the summonses shall be issued at petty sessions, or, if issued out of petty sessions, then in the order in which the application shall be made to him by the complainant or his agent to enter the same:

6. He shall enter a true account of all sums paid into court under any orders of the justices, and of all warrants issued for the execution of any such orders, and of all sums levied under the same and paid over to him (whether the said sums shall be in the nature of penalties for offences, or sums awarded in cases of a civil nature,) and shall otherwise account and act as to the same as required by the provisions of the Fines Act. Ireland, -1851, as to any penal sums:

7. He shall also make such returns of the proceedings at petty sessions as the chief or under secretary of the Lord Lieutenant shall from time to time require, and shall observe such general regulations in respect to the discharge of his several duties as the Lord Lieutenant shall from time to time prescribe:

And when required by the clerks of the Grown or peace, as the case may be, the clerk of petty sessions shall attend the assizes or quarter sessions to which any informations, examinations, or recognizances shall be returned by him, or to which any informations, examinations, or recognizances prepared by him shall be returned, and as to which any complaint shall have been made against him for neglect, to answer such inquiries respecting the same as shall be made by the court; and in case it shall appear that such clerk shall have committed any wilful default or neglect in preparing or in transmitting the same, or shall have improperly divulged the contents of such informations or examinations, it shall be lawful for the judge of assize or for the justices at quarter sessions, as the case may be, for every such offence to impose a penalty not exceeding twenty pounds on the said clerk, and in default of payment of the same to commit him to gaol for any term not exceeding three months.

Custody of books, &c. on death, suspension, or dismissal of clerk.

6. Whenever a vacancy shall occur by reason of the death, resignation, suspension, or dismissal of any clerk of petty sessions, the sub-inspector of constabulary, or the head constable of the district, or such other person as the justices shall authorize, shall take charge of all books, papers, and other effects belonging to the said petty sessions, and shall retain them in his care and custody until a successor shall be appointed to such clerk; and it shall be lawful for any justice, upon being satisfied upon oath that any such books, papers, or other effects as aforesaid are or are suspected to be in the possession of any person who shall refuse to deliver up the same to such sub-inspector, head constable, or other person so authorized, to issue a warrant to any sub-inspector, head or other constable, to search the house of such person for the same, and to seize and detain the same, if discovered therein; and such sub-inspector, head or other constable, so authorized by any such warrant, may, upon the refusal of such person to open his door for that purpose, break it open.

Local jurisdiction of justices and constabulary.

7. The powers of justices and others to act in and for different localities shall be subject to the following provisions:

1. A justice for any county may act as such in all matters arising within such county, although he may at the time happen to be in an adjoining county, provided he shall be also a justice for such adjoining county:

2. A justice for any county may in like manner act as such in all matters arising within such county, although he may at the time happen to be in any city, town, or place, being a county of itself, situate within or adjoining to such first-mentioned county, whether he shall be a justice of such city, town, or place, or not; but nothing herein contained shall extend to empower any justice for any county, not being also justice for any such city, town, or place as aforesaid, or any person acting under him, to act or intermeddle in any matters arising within any such city, town, or place:

3. The inspector general, or either of the deputy inspectors general of constabulary, being a justice of any county, may act in all matters arising within such county, wherever he may happen to be at the time:

4. Whenever any townland belonging to one county shall be included in any petty sessions district of the adjoining county under the provisions of this Act, any justice having jurisdiction in such petty sessions district shall have the like jurisdiction in such townland, although lie may not be a justice of the county to which such town-land belongs; and any committal to any gaol or bridewell of such last-mentioned county, or any other magisterial act done by any such justice, in any case in which the offence or cause of complaint shall have arisen in such townland, shall have the like force and effect as if such justice was also a justice of such last-mentioned county:

And all constables or other persons apprehending any person whom they lawfully may and ought to apprehend by virtue of their office or otherwise in any such county or place as aforesaid, may lawfully convey such person before any justice for such county or place whilst such justice shall be in such adjoining county or place as aforesaid; and such constables or other persons are hereby authorized and required in all such cases to act in all things as if such justice were within the county or place for which he shall so act.

Place for hearing.

In summary proceedings complaint not to be heard or determined out of petty-sessions, except in certaiu cases.

8. The places where justices shall sit in the discharge of their duties shall be subject to the following provisions:

1. Whenever a public court house shall be maintained by county presentment at any place fixed for the holding of petty sessions, the petty sessions shall be held therein, if not inconvenient to the public; but whenever no such public court house shall be so maintained, or the holding of petty sessions therein would be inconvenient to the public, it shall be lawful for the grand jury of the county to present an annual sum not exceeding ten pounds for the rent of a public justice room in which the petty sessions shall be held, and of a lock-up; provided that such room shall not be in a house where spirituous or fermented liquors are sold, or in a constabulary barrack, or in any building maintained in the whole or in part at the public expence; and that it shall be proved to the satisfaction of the county presentment sessions where application shall be made for such rent that at least four meetings of justices shall have been held in such room during the four months next preceding such application:

2. It shall not be lawful for any justice or justices to hear and determine any cases of summary jurisdiction out of petty sessions, except cases of drunkenness or vagrancy, or fraud in the sale of goods, or disputes as to sales in fairs or markets; but it shall be lawful for two justices, if they shall see fit, to hear and determine out of petty sessions any complaint as to any offence when the offender shall be unable to give bail for his appearance at petty sessions:

Provided always, that nothing herein contained shall be construed to prevent any justice or justices acting out of petty sessions from making any order (not being in the nature of a conviction, or of an adjudication upon a complaint), which a justice or justices may be authorized or required by law to make.

Publicity of proceedings.

Contempt of Court.

9. The right of the public to have access to the place in which justices shall sit shall be subject to the following provisions:

1. In all cases of summary proceedings the place in which any justice or justices shall sit to hear and determine any complaint shall be deemed an open court, to which the public generally may have access, so far as the same can conveniently contain them; and the parties by and against whom any complaint or information shall there be heard shall be admitted to conduct or make their full answer and defence thereto respectively, and to have the witnesses examined and cross-examined, by themselves or by counsel or attorney on their behalf:

2. In all cases of proceedings for indictable offences the place in which any justice or justices shall sit to take any examination or statement relating to any such offence shall not be deemed an open court for that purpose; but it shall be lawful for such justice or justices, in his or their discretion, to order that no person (the counsel or attorney of any person then being in such court as a prisoner only excepted) shall have access to or be or remain in such place without the consent or permission of such justice or justices, if it appear to him or them that the ends of justice will be thereby best answered:

And if any person shall wilfully insult any justice or justices so sitting in any such court or place, or shall commit any other contempt of any such court, it shall be lawful for such justice or justices by any verbal order either to direct such person to be removed from such court or place, or to be taken into custody, and at any time before the rising of such court by warrant to commit such person to gaol for any period not exceeding seven days, or to fine such person in any sum not exceeding forty shillings.

Informations and complaints.

10. Whenever information shall be given to any justice that any person has committed or is suspected to have committed any treason, felony, misdemeanor, or other offence, within the limits of the jurisdiction of such justice, for which such person shall be punishable either by indictment or upon a summary conviction; or that any person has committed or is suspected to have committed any such crime or offence elsewhere out of the jurisdiction of such justice, either in Great Britain or Ireland, or in the Isles of Man, Jersey, Guernsey, Alderney, or Sark, and such person is residing or being, or is suspected to reside or be, within the limits of the jurisdiction of such justice; or that any person has committed or is suspected to have committed any crime or offence whatsoever on the high seas, or in any creek, harbour, haven, or other place in which the Admiralty of England or Ireland have or claim to have jurisdiction, or on land beyond the seas, for which an indictment can be legally preferred in any place in the United Kingdom of England and Ireland, and such person is residing or being, or is suspected to reside or be, within the limits of the jurisdiction of such justice; or whenever a complaint shall be made to any justice as to any other matter arising within the limits of his jurisdiction, upon which he shall have power to make a summary order, it shall be lawful for such justice to receive such information or complaint, and to proceed in respect to the same, subject to the following provisions:

1. Whenever it is intended that a summons only shall issue to require the attendance of any person, the information or complaint may be made either with or without oath, and either in writing or not, according as the justice shall see fit:

2. But whenever it is intended that a warrant shall issue for the arrest or committal of any person, the information or complaint shall be in writing, and on the oath of the complainant or of some person or persons, on his behalf:

3. Whenever any such information shall have been taken on oath and in writing that any person has committed or is suspected to have committed any indictable crime or offence (or any offence for which such person shall be punishable upon summary conviction, and for whose arrest the justice shall issue a warrant), it shall be lawful for the justice, if he shall see fit, to bind the informant or complainant by recognizance (A a.*) or (C.) to appear at the court or place where the defendant is to be tried or the complaint is to be heard to prosecute or give evidence, as the case may be, against such person:

4. In all cases of summary jurisdiction the complaint shall be made, when it shall relate to the nonpayment of any poor rate, county rate, or other public tax, at any time after the date of the warrant authorizing the collection of the same, and, when it shall relate to the nonpayment of money for wages, hire, or tuition, within one year from the termination of the term or period in respect of which it shall be payable, and, when it shall relate to any trespass, within two months from the time when the trespass shall have occurred, and in any other case within six months from the time when the cause of complaint shall have arisen, but not otherwise:

And in all cases of summary jurisdiction any person against whom any such information or complaint shall have been made in writing shall, upon being amenable or appearing in person or by counsel or attorney, be entitled to receive from the clerk of petty sessions a copy of such information or complaint, on payment of the sum of sixpence to such clerk; and such clerk shall in no case allow the original information or complaint to be taken out of his possession.

Process to enforce appearance.

11. The manner in which persons against whom any such informations or complaints as aforesaid shall have been received by any justice shall be made to appear to answer to the same shall be subject to the following provisions:

1. In all cases of indictable crimes and offences (where an information that any person has committed the same shall have been taken in writing and on oath) the justice shall issue a warrant (B b.) to arrest and bring such person before him, or some other justice of the same county, to answer to the complaint made in the information (and which warrant may be issued or executed on a Sunday as well as on any other day); or if he shall think that the ends of justice would be thereby sufficiently answered, it shall be lawful for him, instead of issuing such warrant, to issue a summons in the first instance to such person, requiring him to appear and answer to the said complaint; but nothing herein contained shall prevent any justice from issuing a warrant for the arrest of such person at any time before or after the time mentioned in such summons for his appearance; and whenever such person shall afterwards appear or be brought before any such justice, he shall proceed according to the provisions herein-after contained as to taking the evidence against such person, and committing such person for trial:

2. In all cases of summary jurisdiction the justice may issue his summons (B a.) directed to such person, requiring him to appear and answer to the complaint; and it shall not be necessary that such justice shall be the justice or one of the justices by whom the complaint shall be afterwards heard and determined; and in all cases of offences where such person shall not appear at the required time and place, and it shall be proved on oath either that he was personally served with such summons or that he is keeping out of the way of such service, (the complaint being in writing and on oath,) the justice may issue a warrant to arrest and bring such person before him or some other justice of the same county, to answer to the said complaint; and when such person shall afterwards be arrested under such warrant, the justice before whom he shall be brought may either by warrant (E b.) commit him to gaol, until the hearing of the complaint, or may discharge him upon his entering into a recognizance (C), with or without sureties, at the discretion of the justice, conditioned for his appearance at such hearing:

And each summons or warrant shall be signed by the justice or one of the justices issuing the same, and it shall state shortly the cause of complaint, and no summons or warrant shall be signed in blank; and in every case where the offence shall have occurred or the cause of complaint shall have arisen within the petty sessions district for which the justice issuing any such summons or warrant shall act, but the party or witness to whom such summons shall be directed or against whom such warrant shall be issued shall reside in an adjoining county, it shall be lawful for such justice to compel the appearance of such party or witness at the hearing of the charge or complaint within such district, in like manner as if such party or witness resided in such district, although such justice may not be a justice of such adjoining county.

Service of summonses.

12. The manner in which summonses shall be served shall be subject to the following provisions:

1. It shall be lawful for the justices of each petty sessions to appoint some one or more persons, who shall be able to read and write, to act as summons server or servers of the district during the pleasure of such justices; . . .

2. In cases of offences prosecuted by the constabulary the summons shall be served by a head or other constable; but in all other cases it may be served by the summons server of the district, or (if the justice issuing the same shall so direct or permit) by any other person whom the complainant shall employ, and who shall be able to read and write, but in no case by the complainant himself:

3. Every summons shall be served upon the person to whom it is directed by delivering to him a copy of such summons, or, if he cannot be conveniently met with, by leaving such copy for him at his last or most usual place of abode, or at his office, warehouse, counting-house, shop, factory, or place of business, with some inmate of the house not being under sixteen years of age, a reasonable time before the hearing of the complaint; and such last-mentioned service shall be deemed sufficient service of such summons in every case except where personal service shall be specially required by this Act; and in every case the person who shall serve such summons shall endorse on the same the time and place where it was served, and shall attend with the same at the hearing of the complaint to depose., if necessary, to such service:

Provided always, that nothing herein contained shall be construed to affect the provisions of any Act authorising the substitution of service in particular cases.

Powers to enforce attendance of witnesses.

13. Whenever it shall be made to appear to any justice that any person within the jurisdiction of such justice is able to give material evidence for the prosecution in cases of indictable offences, or for the complainant or defendant in cases of summary jurisdiction, and will not voluntarily appear for the purpose of being examined as a witness, such justice may proceed as follows:

1. He may issue a summons (B a.) to such person, requiring him to appear at a time and place mentioned in such summons, to testify what he may know concerning the matter of the information or complaint, and (if the justice shall see fit) to bring with him and produce for examination such accounts, papers, or other documents, as shall be in his possession or power, and as shall be deemed necessary by such justice; but in any case of an indictable crime or offence, whenever the justice shall be satisfied by proof upon oath that it is probable that such person will not attend to give evidence without being compelled so to do, then, (the information or complaint being in writing and on oath,) instead of issuing such summons as aforesaid, he may issue a warrant (B b.) in the first instance for the arrest of such person:

2. And in any case, when any person to whom a summons shall be issued in the first instance shall neglect or refuse to appear at the time and place appointed by such summons, and no just excuse shall be offered for such neglect or refusal, then, (the information or complaint being in writing and on oath,) after proof upon oath that such summons was personally served upon such person, or that such person is keeping out of the way of such service, and that he is able to give material evidence in the case, the justice before whom such person should have appeared may issue a warrant (B b.) to arrest such person, and to bring him at the time and place appointed for the hearing of the case, to testify and to produce such accounts, papers, and documents as may be required as aforesaid:

3. In all cases of prosecutions for offences the evidence of the informer or party aggrieved shall be admissible in proof of the offence; and in all cases of complaints on which a justice can make an order for the payment of money, or otherwise, the evidence of the complainant shall be admissible in proof of his complaint; and in cases of wages, hire, or tuition the evidence of the master or employer may, in the discretion of the justices, be admitted in proof against the complaint:

4. All witnesses shall be examined upon oath; and any justice before whom any such witness shall appear for the purpose of being so examined shall have full authority to administer to every such witness the usual oath.

5. Whenever any person shall appear as a witness, either in obedience to a summons or by virtue of a warrant, (or shall be present, and shall be verbally required by the justice or justices to give evidence,) and he shall refuse to be examined upon oath concerning the matter of the information or complaint, or shall refuse to take such oath, or having taken such oath shall refuse to answer such questions concerning the said matter as shall then be put to him, or shall refuse or neglect to produce any such accounts, papers, or documents as aforesaid, (without, offering any just excuse for such refusal,) the justice or justices then present may adjourn the proceedings for any period not exceeding eight clear days, and may in the meantime by warrant (E b.) commit the said witness to gaol, unless he shall sooner consent to be sworn or to testify as aforesaid, or to produce such accounts, papers, or documents, as the case may be; and if such witness, upon being brought up upon such adjourned hearing, shall again refuse to be sworn, or to testify as aforesaid, or to produce such accounts, papers, or documents, as the case may be, the said justices, If they shall see fit, may again adjourn the proceedings, and commit the witness for the like period, and so again from time to time until he shall consent to be sworn or to testify as aforesaid, or to produce such accounts, papers, or documents, as the case may be (provided that no such imprisonment shall in any case of summary jurisdiction exceed one month in the whole); but nothing herein contained shall be deemed to prevent the justice or justices from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other sufficient evidence which shall have been received by him or them:

6. Whenever in cases of indictable offences the justice or justices shall see fit, they may bind the witnesses by recognizance (A b.*) or (C.) to appear at the trial of the offender and give evidence against him; and whenever any witness shall refuse to be so bound it shall be lawful for the justice or justices by warrant (E b.) to commit him to the gaol of the county or place in which the person accused is to be tried, there to be imprisoned until the trial of the person accused, unless in the meantime such witness shall duly enter into recognizance (C.) before some justice of the county in which such gaol shall be situated; but if afterwards, from want of sufficient evidence or other cause, the justice or justices before whom the person accused shall have been brought shall not commit him or hold him to bail, it shall be lawful for such justice or justices or any other justice of the county by warrant (E d.) to order the keeper of the gaol to discharge such witness:

7. In all cases of summary jurisdiction it shall be lawful for the justices by whom any order for payment of money, not being in the nature of a penalty for an offence, shall be made, to order the party at whose instance any witness shall have been summoned to pay to such witness such sum, not exceeding two shillings and sixpence, as to such justices shall seem fit, for his expences or loss of time for each day of attending to give evidence, and, in default of payment thereof at such time as such justice shall appoint, then to issue a, warrant to levy the amount thereof by distress of the goods of such party:

And no person who shall be summoned to attend before any court of petty sessions, or before any justice out of petty sessions, as a witness, shall be liable to arrest for debt whilst at such court, or at the place where such justice shall sit, or whilst proceeding to or returning from the same, provided he shall proceed and return by the most direct road without unnecessary delay; and it shall be lawful for the court out of which the writ or process shall have issued to order the discharge of any person who shall be so arrested.

Taking the evidence in. case of indictable offences.

14. The manner in which the evidence shall be taken in proceedings for indictable offences shall be subject to the following provisions:

1. In every case where any person shall appear or be brought before any justice or justices charged with any indictable crime or offence, such justice or justices, before committing such person for trial or admitting him to bail, shall in the presence of such person, who shall be at liberty to put questions to any witness produced against him, take the depositions (A b.) on oath and in writing of those who shall know the facts of the case; and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall also be signed by the justice or one of the justices who shall take the same; and if upon the trial of the person so accused it shall be proved by the oath of any credible witness that any person whose deposition shall have been so taken is dead, and that such deposition was taken in the presence or hearing of the person accused, and that he or his counsel or attorney had an opportunity of cross-examining such witness, it shall be lawful to read such deposition as evidence on the trial, without further proof thereof, unless it shall be proved that the same was not signed by the justice purporting to have signed the same:

2. Whenever the examination of the witnesses on the part of the prosecution shall have been completed, the justice or one of the justices present shall (without requiring the attendance of the witnesses) read or cause to be read to the person accused the several depositions, and then take down in writing the statement (A c.) of such person (having first cautioned him that he is not obliged to say anything unless he desires to do so, but that whatever he does say will be taken down in writing, and may be given in evidence against him on his trial); and whatever statement the said person shall then make in answer to the charge, shall, when taken down in writing, be read over to him, and shall be signed by the said justice or one of the justices present, and shall be transmitted to the clerk of the Crown or peace, as the case may be, along with the depositions, and afterwards, upon the trial, may, if necessary, and if so signed, be given in evidence against the person accused, without further proof thereof, unless it shall be proved that it was not signed by the justice purporting to sign the same; but nothing herein contained shall prevent the prosecutor from giving in evidence any admission or confession, or other statement made at any time by the person accused, and which would be admissible by law as evidence against such person:

But if from the absence of any witnesses or from any other reasonable cause it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful for the justice before whom the person accused shall appear or be brought, either to admit such person to bail in manuer herein-after provided, or by warrant (E b.) from time to time to remand such person to gaol for such time as the justice shall deem expedient, not exceeding eight clear days; but any such justice may order the said person to be brought before him or some other justice of the county, at any time before the expiration of the period for which he shall have been so remanded: Provided always, that at any time after the examinations in any proceedings for an indictable offence shall have been completed, and on or before the first day of the assizes or sessions or other first sitting of the court at which any person committed to gaol or admitted to bail is to be tried, such person may require, and shall be entitled to receive from the officer or person having the custody of the same, copies of the depositions on which he shall have been committed or bailed, (or copies of depositions taken at any inquest in case of murder or manslaughter,) on payment of a reasonable sum for the same, not exceeding a sum at the rate of three halfpence for each folio of ninety words.

Disposal of the prisoner in case of indictable offences.

15. The manner in which the person accused shall be disposed of when the evidence shall have been taken in proceedings for indictable offences, shall be subject to the following provisions:

1. Whenever the offence shall have been committed within the jurisdiction of the justice or justices present, and he or they shall be of opinion that the evidence is not sufficient to put such accused person on his trial, he or they shall forthwith order such accused person, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such justice or justices such evidence is sufficient to put such person on his trial, or if such evidence raises a strong or probable presumption of guilt, then such justice or justices shall either by warrant (E b.) commit him to gaol, to be there kept until his trial for the said offence, or shall admit him to bail in manner hereinafter provided, according as he or they shall see fit:

2. Whenever any person shall appear or be brought before any justice charged with any offence alleged to have been committed by him in any county or place in Ireland wherein such justice shall not have jurisdiction, it shall be lawful for such justice, and he is hereby required, to examine such witnesses, and receive such evidence in proof of such charge, as shall be produced before him within his jurisdiction; and if in his opinion such evidence shall be sufficient proof of the said charge, such justice shall thereupon, either by a like warrant (E b.) commit the person accused to the gaol of the county or place wherein the offence shall be alleged to have been committed, or shall admit him to bail, according as such justice shall see fit; but if in his opinion such evidence shall not be sufficient to put the accused party on his trial, then such justice shall bind over the prosecutor, if he shall have appeared, and the witnesses, to give evidence when required so to do, and shall thereupon, by warrant (E c.) order such person to be taken before some justice of the county in which and near the place where the offence is alleged to have been committed, and shall at the same time deliver to the person having the execution of such warrant the information, depositions, and recognizances, if any, so taken, to be delivered to the justice before whom the accused person shall be taken in obedience to such warrant; and such information, depositions, and recognizances shall be treated to all intents as if they had been taken before such last-mentioned justice:

Provided always, that if such last-mentioned justice shall not think the evidence against such accused party sufficient to put him on his trial, and shall discharge him without holding him to bail, any recognizance so taken by the said first-mentioned justice shall be null and void.

Bailing prisoner in case of indictable offences.

Bail at discretion.

1 & 2 Will. 4 c. 44.

Bail as of right.

11 & 12 Vict. c. 12.

16. The admission to bail of persons charged with indictable offences shall be subject to the following provisions:

1. In every case where any person shall be charged before any justice in manner aforesaid with any felony, (save as herein-after excepted,) or with any assault with intent to commit any felony, or with any attempt to commit any felony, or with any offence against an Act of the first and second years of his late Majesty King William the Fourth, intituled “An Act to amend an Act passed in the Parliament of Ireland in the fifteenth and sixteenth years of the reign of his Majesty King George the Third, intituled ’An Act to prevent and punish tumultuous risings of persons within this kingdom, and for other purposes therein mentioned,’” or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot, or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty or upon any person acting in his aid, or with neglect or breach of duty as peace officer, or with any misdemeanor for the prosecution of which the costs may be allowed out of the county rate or funds, it shall be lawful either for the justice before whom such charge shall be made, at any time before such person shall be committed to gaol, or for the justice by whom the warrant to commit shall have been signed, at any time afterwards, and before the first day of the sitting of the court before which he shall have been committed to be tried, if (having regard to the nature of the charge, and the cogency of the evidence adduced in support of it), it appears to him to be a case in which bail ought to be taken, to admit such accused person to bail by recognizance (C.) with one or more sufficient sureties, at the discretion of the justice, conditioned that he will appear at the time and place when and where he is to be tried for such offence, and that he will then surrender and take his trial, and not depart the court without leave; and whenever in any such case the accused person shall not be so admitted to bail, if the committing justice shall be of opinion that he ought to be admitted to bail, he shall certify (I c.) on the warrant of commitment his consent to his being bailed, stating also the amount of bail which ought to be required; and any justice of the county attending or being at the gaol where such accused party shall be in custody, on production of such certificate at any time before the first day of the sitting of the court before which he shall have been committed to be tried may admit such accused person to bail in manner aforesaid:

2. In every case where any person shall be charged before any justice with any indictable misdemeanor other than those herein-before mentioned, such justice, after taking the examinations, instead of committing him to prison, shall, upon the application of such person (and upon being satisfied as to the sufficiency of the bail offered), admit him to bail in manner aforesaid; or if he shall have been committed to gaol and shall apply to any justice for the same county to admit him to bail at any time before the first day of the sitting of the court before which he shall have been committed to be tried, such justice shall admit him to bail in manner aforesaid:

And whenever it shall not be convenient for the surety or sureties in any case to attend at the gaol to join with the accused person in the recognizance of bail, then the committing justice or the justice by whom such person can be admitted to bail, as the case may be, shall make a duplicate of such certificate (I c.) as aforesaid; and upon the same being produced to any justice for the same county it shall be lawful for such last-mentioned justice, before such time as aforesaid, to take the recognizance of the surety or sureties in conformity with such certificate; and upon such recognizance being transmitted to the keeper of such gaol, and produced to any justice attending or being at such gaol, it shall be lawful for such last-mentioned justice, before such time as aforesaid, to take the recognizance of such accused person in like manner as if the sureties were present; and in all cases where a justice shall admit to bail any person who shall then be in any gaol charged with the offence for which he shall be so admitted to bail, such justice shall send to or cause to be lodged with the keeper of such gaol a warrant (Ed.) requiring the said keeper to discharge the person so admitted to bail, if he be detained for no other offence or under no civil process; and upon such warrant being delivered to such keeper he shall forthwith obey the same: Provided always, that no justice shall admit any person to bail for treason or for any felony under the Treason Felony Act, 1848; nor shall any such last-mentioned person be admitted to bail except by order of the Lord Lieutenant, or his chief secretary, or by her Majesty’s Court of Queen’s Bench at Dublin.

Where party is about to abscond, justice may, upon application of surety, order arrest, and require new bail.

17. Whenever any person charged with any such indictable crime or offence as aforesaid shall have been bailed in manner aforesaid, it shall be lawful for the justice by whom he shall have been bailed, or for any other justice, if he shall see fit, upon the application of the surety or of either of the sureties of such person, and upon information being made in writing and on oath by such surety, or by some person on his behalf, that the person so bailed is about to abscond for the purpose of evading justice, to issue his warrant for the arrest of such person so bailed, and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, to commit such person, when so arrested, to gaol, until his trial, or until he shall produce another sufficient surety or other sufficient sureties, as the case may be, in like manner as before.

Arrest of party at large against whom an indictment is found.

18. Whenever an indictment shall have been found by the grand jury in any court of oyer and terminer or general gaol delivery, or at any general or quarter sessions of the peace in Ireland, against any person who shall then be at large, and who shall not already have appeared and pleaded to such indictment, (and whether such person shall have been bound by recognizance to answer to the same or not,) the person who shall act as clerk of the Crown at such court, or as clerk of the peace at such sessions, shall, at any time after the end of the assizes or sessions at which such indictment shall have been found, upon application of the prosecutor or of some person on his behalf, and free from charge, grant unto such prosecutor or person a certificate (I b.) of such indictment having been found; and upon production of such certificate to any justice for the county in which the offence shall be alleged in such indictment to have been committed, or in which the person thereby indicted shall reside or be, or be suspected to reside or be, such justice shall issue his warrant to arrest such person, and to cause him to be brought before him, or some other justice for the same county, to be dealt with according to law; and upon such person being so brought before such justice, and upon its being proved on oath that the person so arrested is the same person who is charged and named in such indictment, such justice shall, without further inquiry, either commit him for trial or admit him to bail in manner aforesaid; and in any such case as last aforesaid, if the person so indicted shall at the time be confined in any gaol for any other offence than that charged in such indictment, such justice shall, upon like proof on oath that the person so confined is the same person who is so charged in such indictment, issue his warrant (E b.) to the keeper of such gaol, commanding him to detain such person in his custody until he shall be discharged therefrom by due course of law; but nothing herein contained shall be deemed to prevent any clerk of the Crown or peace or other officer from issuing any warrant in any such case for the arrest of any such person which he might otherwise by law issue.

Disposal of the informations, &c. in case of indictable offences.

19. The manner in which informations, examinations, statements of accused parties, and recognizances, in proceedings for indictable offences, shall be disposed of, when taken, shall be subject to the following provisions:

1. Every such information, examination, statement, and recognizance sworn, taken, or acknowledged by or before any justice not sitting in petty sessions, shall, with all convenient despatch, and at the latest before the petty sessions then next ensuing for the district where the case may have arisen, be transmitted by him to the justices at such petty sessions, except in cases where the person accused shall not have been committed or shall not be amenable, and such justice shall deem it expedient to retain such documents for a longer period:

2. The justices at petty sessions shall transmit or cause the clerk of petty sessions to transmit every such information, examination, statement, or recognizance so received from any justice out of petty sessions, or which shall be sworn, taken, or acknowledged at petty sessions, to the clerk of the Crown of the county, where the same shall relate to any matter to be tried at the assizes, or to the clerk of the peace, where same shall relate to any matter to be tried at quarter sessions, with all convenient despatch, or at latest within seven days from the holding of each petty sessions where the party shall have been committed or shall be amenable, (or at least seven days before the assizes or quarter sessions, as the case may be, where the party shall not have been committed or shall not be amenable,) except in cases of indictable offences where the party shall not have been committed or shall not be amenable, and the justices shall deem it expedient to retain such documents for a longer period:

3. In every case where any such documents, whether taken in or out of petty sessions, shall be so retained by any justice for a longer period than is herein-before provided, he shall endorse on the same his reason for such retention:

And in all cases where the justices shall deliver to the clerk of petty sessions any such information, examination, statement, or recognizance, to transmit to the clerks of the Crown or peace, the said clerk of petty sessions shall forthwith make an abstract or schedule of the same, specifying the dates of the same, and the dates when the same were received by him; and (when there shall be no more convenient or safe mode of transmission, and he shall be so directed by the justices) he shall transmit such schedule, together with the informations, examinations, and recognizances therein referred to, to the said clerks of the Crown or peace, as the case may be, through the General Post Office, prepaying the same, and obtaining a receipt from the postmaster where the same shall be posted, specifying the date of such posting, and for which the postmaster by whom the same shall be delivered shall in like manner obtain a like receipt from the clerk of the peace, or clerk of the Crown, as the case may be, and which receipts such postmaster and such clerk of the Crown or peace are hereby required to give; and the grand jury of the county shall at the assizes present to be paid to such clerks of petty sessions the amount of the postage prepaid by them for the transmission of such documents as aforesaid; and the sums so presented shall be levied as other monies presented by such grand jury.

Hearing in cases of summary jurisdiction.

20. In all cases of summary jurisdiction the proceedings upon the hearing of the complaint shall be subject to the following provisions:

1. Whenever the defendant or his agent shall be present, the substance of the complaint shall be stated to him; and if he thereupon admit the truth of the complaint, then the justices shall, if they shall see no sufficient reason to the contrary, convict or make an order against him accordingly; but if he do not admit the truth of the complaint, then the justices shall proceed to hear such evidence as may be adduced in support of the complaint, and also to hear the defence, and such evidence as may be adduced on behalf of the defence, and also such evidence as the complainant may adduce in reply, if such defendant shall have given any evidence other than as to his the defendant’s general character; but the complainant or his agent shall not be entitled to make any observations in reply upon the evidence given by the defendant, nor shall the defendant or his agent be entitled to make any observations in reply upon the evidence given by the complainant in reply; and if the information or complaint shall negative any exemption, exception, proviso, or condition in the statute on which the same shall be framed, it shall not be necessary for the complainant to prove such negative, but the defendant may prove the affirmative thereof, if he will have advantage of the same.

2. Whenever the defendant or his agent shall not appear at the time and place mentioned in the summons, and it shall appear to the justices on oath that the summons was duly served, a reasonable time before the time therein appointed for appearing, and no sufficient grounds shall be shown for an adjournment, the justices may either proceed ex parte to hear and determine the complaint, or may adjourn the hearing to a future day:

3. Whenever the defendant or his agent shall appear at the time and place appointed in the summons, or shall be brought before the justice by virtue of any warrant, then if the complainant (having in the case of a warrant had due notice of the defendant’s arrest) do not appear by himself or his agent, the justices may either dismiss such complaint, or may adjourn the hearing to a future day:

4. Whenever any justices shall proceed to hear and determine any complaint or information as to an offence, they, or one of them, shall, when required so to do by either party, or his agent, take or cause to be taken a note in writing of the evidence, or of so much thereof as shall be material, in a book to be kept for that purpose by the clerk of petty sessions; and which book shall be signed by one of the justices by whom such information or complaint shall have been heard, on the day on which the same shall have been determined:

And whenever all the cases shall not have been heard and determined on any court day, the justices then present may adjourn the remaining cases either to the next court day, or to such other day as they shall see fit; and whenever, either before or during the hearing of any complaint, it shall appear advisable, the justices present may, in their discretion, adjourn the hearing of the same to a certain time or place to be then appointed and stated in the presence and hearing of the party or parties or their agents; and all persons whose attendance shall have been required by any summons in any of the cases so adjourned shall take notice of such adjournment, and shall be obliged to attend on the day to which such adjournment, shall take place, without the issue or service of any further summons; and in all cases of such adjournments the said justices may suffer the defendant to go at large, or, in prosecutions for offences (where there shall be an information in writing and on oath that the defendant is guilty of the offence) may commit him to gaol by warrant (E b.), or may discharge him upon his entering into a recognizance (C), with or without sureties, at the discretion of the justices, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned.

Adjudication of case.

21. In all cases of summary jurisdiction the justices, having heard what each party shall have had to say, and the evidence adduced by each, shall either make such order as shall be authorized by the Act under which the complaint shall be made, or shall dismiss the complaint either upon the merits or without prejudice to its being again made; and the entry of the order so made shall be as follows:

1. One of the justices then present shall thereupon enter or cause the clerk to enter the particulars of such case and the substance of the decision thereon in a book to be kept for that purpose, to be called the “Order Book,” (and shall, in case of a dismissal, state whether the same is upon the merits or without prejudice to a further complaint); and such entry, when one of the justices present shall have signed his name opposite to it or after it (which one of the said justices is hereby required to do), shall be deemed to all intents and purposes a conviction or order, as the case may be:

2. Whenever any justice or justices shall have made any such conviction or order out of petty sessions, in the cases permitted by this Act to be decided out of petty sessions, he or they shall either enter the same in the order book in manner aforesaid, or shall enter the substance of the decision in the form of certificate (I a.), and shall forthwith or at furthest before the next court day, deliver or forward such certificate to the clerk of petty sessions of the district, who shall enter the same in the proper order book (with a special note that he has so done), and shall submit such entry for signature to the justice or one of the justices by whom the order shall have been made upon the next day of his attendance at petty sessions; but in case such justice shall not sign the same, the clerk shall make a special entry to that effect in the order book opposite to such case, and shall preserve the original certificate as a record of the proceeding:

3. The sub-inspector of constabulary of the district shall make a return to the justices at each petty sessions of the particulars of any cases of summary jurisdiction in which any justices of the said petty sessions shall have made any order or issued any warrant out of petty sessions, and in which any head or other constable of such district shall have been engaged, since the next preceding petty sessions:

And it shall not hereafter be necessary to return to quarter sessions copies of the summary convictions so made and entered at petty sessions; but if either party shall require it, a certificate (form I a.) of any order so made (signed by the justice who shall have made the same, or by any other justice of the same petty sessions), shall be delivered to him at any time; and such certificate shall operate to all intents as a good form of conviction or order, as the case may be, for any purpose for which any form of conviction or order may now by law be required; and in case of a dismissal, where the same shall be stated therein by the justice to have been a dismissal on the merits, or that any assault was of a trifling or justifiable nature, (and which he is hereby required to state if the case be so,) such certificate upon being produced shall be a bar to any subsequent information or complaint for the same matter against the same party; and in any such case such certificate shall, on proof of the signature of the justice to the same, be received as good evidence of the conviction or order in all courts of justice.

General powers of justices in adjudicating cases.

22. In all cases of summary jurisdiction it shall be lawful for the justices in adjudicating thereof to exercise the following general powers, whether the same shall be authorized by the Act under which the complaint shall be made or not:

1. In every case where the justices shall be authorized to award any penal or other sum, they may order that [1] the same shall be paid either forthwith or at such time as they shall see fit to fix for that purpose, and, in cases of a civil nature, that such sum may be paid either at once or by instalments:

2. In every case where the justices shall award any penal or other sum to be paid, they may order that, in default of the said sum being paid at the time and in the manner directed by their order, the goods of the person against whom the said order shall be made shall be distrained for such sum, or for so much of such sum as shall remain unpaid at the time fixed, and also for the costs of such distress:

3. In every case of an offence where they shall order that a distress shall be made in default of payment of any penal sum, they may order that in default of the said sum being paid as directed the said person shall be imprisoned for any term not exceeding the period specified in the following scale:

For any sum

The imprisonment not to exceed

Exceeding the [1] last, but not exceeding 10l. - - -

three months;

Exceeding the last, but not exceeding 30l. - - -

four months;

Exceeding the last, but not exceeding 50l. - - -

six months;

Exceeding the last

one year;

And any such imprisonment shall be determinable upon payment of the said sum and costs and any costs of the distress, where a distress shall have been made; and such imprisonment may be directed in the same warrant as such distress; but if the said person shall admit, or if it shall be otherwise proved on oath, that he has no goods, or that a distress would be ruinous to him or his family, they may order that such person shall be imprisoned in the first instance for the like period for which he might be imprisoned in default of distress;

4. In every case of an offence, where the order shall only have directed distress in default of payment of a penal sum, and it shall afterwards be found impossible to execute a warrant of distress, it shall be lawful for the justices at petty sessions to order a warrant to issue to commit the person against whom such order shall have been made to gaol for such period as might have been directed by the original order; and in like manner, where the order shall have only directed imprisonment, and it shall be found impossible to execute a warrant of committal, it shall be lawful for the justices at petty sessions to order a warrant to issue to levy by distress of the goods of such person such penal sum as might have been awarded by the original order; and in all such cases a note of such proceeding shall be made by the justices in the order book:

5. In every case of an offence, where the Act shall authorize the justices to order imprisonment, they may adjudge by their order that the said imprisonment shall he either with or without hard labour, according as they shall see fit:

6. In every case of an offence, where the person against whom an order to imprison shall be made shall then be in prison undergoing imprisonment upon a conviction for any other offence, it shall be lawful for the justice issuing the same, if he shall think fit, to order therein that the imprisonment shall commence at the expiration of the imprisonment to which such person shall have been previously sentenced:

7. In every case where any sum shall be awarded under the provisions of any Act as compensation for damage, or as the value of any article, or as the amount of any injury done, such sum shall be paid to the party or public body aggrieved; but where the party aggrieved is unknown, such sum shall be applied in like manner as any penalties awarded to the Crown; and where several persons join in an offence, and are severally punished each in the amount of the injury done, no more than one of such sums shall be paid to the party aggrieved, and the rest shall be applied as other penalties awarded to the Crown:

8. In every case where the Act under which any penal sum shall be ordered to be paid as a penalty for au offence, (and no sum shall be awarded to the complainant as compensation for damage,) it shall be lawful for the justices to award any sum not exceeding one third of such penal sum to the prosecutor or informer, and the remainder of such sum and all other penal sums shall be awarded to the Crown, any Act or Acts to the contrary notwithstanding:

9. In all cases the justices may order that the defendant shall pay to the complainant, or, in case of a dismissal, that the complainant shall pay to the defendant, such sum, not exceeding twenty shillings, for costs, as to such justices shall seem fit; and the same shall be recoverable in the same manner as any penal or other sum adjudged to be paid by the justices:

Provided always, that every person who shall aid, abet, counsel, or procure the commission of any offence which is or shall be punishable on summary conviction, shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable, on conviction, to the same forfeiture and punishment to which such principal offender shall be by law liable, (except where the age of such aider or abettor shall exceed fourteen years, in which case he shall be liable to the same forfeiture and punishment to which any principal offender whose age shall exceed fourteen years shall be liable,) and maybe proceeded against and convicted either in the county where such principal offender may be convicted, or in that in which such offence of aiding, abetting, counselling, or procuring may have been committed.

Enforcement of orders.

23. In all cases of summary jurisdiction, whenever an order shall be made upon the conviction of any person for an offence, the justices shall issue the proper warrant for its execution forthwith when the imprisonment is to take place immediately, or at the time fixed by the order for the imprisonment to take place where it is not to be immediate, or directly upon the nonpayment of any penal sum or the nonperformance of any condition at the time and in the manner fixed by the order for that purpose, or at furthest upon the next court day after the expiration of the time so fixed for the imprisonment, payment, or performance of a condition, as the case may be, unless the imprisonment or penal sum shall have been remitted by the Crown or other competent authority in the interval; and whenever an order shall be made in any case of a civil nature, and the same shall not be obeyed, the justice shall issue the proper warrant for its execution at any time after the time fixed for compliance with its directions, where required so to do by the person in whose favour such order shall have been made or by some person on his behalf; and it shall not be necessary that the justice by whom any such warrant shall be issued shall be the justice or one of the justices by whom the order shall have been made: Provided always, that in every case where the party being entitled to appeal against any such order shall have duly given notice thereof, and entered into a recognizance to prosecute the same in the manner hereinafter provided, it shall not be lawful for any justice to issue any warrant to execute the said order until such appeal shall have been decided, or until the appellant shall have failed to perform the condition of such recognizance, as the case may be (except where any Act shall expressly authorize or direct the levy of any sum to be made notwithstanding the appeal); and in any case where any person shall be in custody, or shall have been committed to gaol, or any warrant of distress shall have been issued or executed, under any such order, the justice by whom the warrant shall have been issued, or any other justice of the same county, shall, upon an application being made to him in that behalf, forthwith order the discharge of such person from custody or from gaol, or that such warrant of distress shall not be executed, or that if executed the distress shall be returned to the owner, as the case may be.

In what cases appeals shall be permitted.

Appeal to be made to next quarter sessions of the division, &c.

Notice.

Recognizance.

Form of appeal.

Recognizance to be transmitted to clerk of peace.

Appellant to give notice to opposite party.

Decision of appeal by quarter sessions or recorder.

Execution.

24. In any case of summary jurisdiction, where an order shall be made by the justices for payment of any penal or other sum exceeding twenty shillings, or for any term of imprisonment exceeding one month, or for the doing of anything at a greater expence than forty shillings, or for the estreating of any recognizance to a greater amount than twenty shillings, (but in no other case,) either party (whether he shall be the complainant or the defendant) in cases of a civil nature, or the party against whom the order shall have been made in other cases, shall be entitled to appeal to the next quarter sessions to be held in the same division of the county when the order shall have been made by any justice or justices of any petty sessions district, (or to the recorder of any corporate or borough town at his next sessions when the order shall have been made by any justice or justices of such corporate or borough town,) (unless when any such sessions shall commence within seven days from the date of the order, in which case the appeal may be made to the next succeeding sessions of such division or town); and such appeal shall be subject to the following provisions:

1. The appellant shall serve notice m writing of his intention to appeal upon the clerk of petty sessions within three days from the date of the order against which the appeal shall be made:

2. He shall also within three days after such notice as aforesaid enter into a recognizance, according to the form (C.), with two solvent sureties, conditioned to prosecute such appeal; and the amount of such recognizance shall be double the amount of the sum and costs ordered to be paid, where payment only is ordered, or of such reasonable amount as the justices shall see fit, where imprisonment is ordered:

3. Whenever the appellant shall have given such notice and entered into such recognizance, there shall be delivered to him the form of appeal (H.), containing a certificate of the order against which he shall appeal (signed by the justice who shall have made the same, or by any other justice of the same petty sessions); and it shall also be therein certified by the clerk of petty sessions that the said notice was duly given and that the said recognizance was duly entered into, if the fact shall be so:

4. In every case where an appeal shall be so made, the clerk of petty sessions shall transmit the recognizance entered into to prosecute such appeal and all other proceedings in such case to the clerk of the peace of the county or to the proper officer of the recorder’s court, at least seven days before the commencement of the sessions to which the appeal shall be made, or as soon afterwards as may be practicable, in the same manner as is herein-before provided for the transmission of informations as to indictable offences:

5. The appellant shall give notice in writing to the opposite party of his intention to prosecute his appeal at least seven clear days before the commencement of the sessions to which the appeal shall be made:

6. Whenever an appeal shall have been so made, and such last-mentioned notice shall have been duly given, it shall be lawful for the said court of quarter sessions (or recorder, as the case may be,) to entertain the same, and to confirm, vary, or reverse the order made by the justices (as so certified in such form of appeal,) and to award to either party any sum not exceeding forty shillings for the costs of such appeal; and whenever the said court of appeal shall have decided any such appeal, the clerk of the peace or proper officer of the recorder’s court, as the case may be, shall certify such decision at foot of the form of appeal, and return the same and the said proceedings to the justices of the petty sessions at which the order shall have been made, within seven days after such appeal shall have been decided; and whenever any such appeal shall not have been duly prosecuted, the clerk of the peace or proper officer of the recorder’s court, as the case may be, shall so certify upon such recognizance, and return the same to the justices of the petty sessions from which the same shall have been transmitted, (in the same manner and subject to the same provisions as are hereinbefore contained as to the transmission of informations for indictable offences,) within seven days after the termination of the sessions at which such appeal ought to have been prosecuted; and which certificate shall be free from any charge:

7. And whenever it shall appear from such certificate that such appeal has not been duly prosecuted, or that the original order has been confirmed upon appeal, the justices who shall have made the original order, or any other justice of the same petty sessions, shall issue the proper warrant for the execution of the same, as if no such appeal had been brought; and in every case in which it shall appear from such certificate that the court of appeal shall have varied the original order, the said justices shall forthwith issue the proper warrant for the execution of the order so made by the court of appeal, in like manner as they might have issued a warrant for the execution of the original order in case no appeal had been prosecuted; and if upon any such appeal either party shall be ordered to pay costs, it shall be lawful for such justices to enforce payment of the same, in like manner as any costs awarded by the original order; and in any case where any order by which any person shall be adjudged to be imprisoned shall be confirmed on appeal, such person shall be liable to be imprisoned for the period adjudged by the original order, where he shall not have been apprehended under the original order, or, where he shall have so been apprehended and discharged, then for such period as, together with the time during which he shall so have been in custody, shall be equal to the period adjudged by the origina order: . . .

Addressing warrants.

25. The persons to whom warrants shall he addressed for execution shall be as follows:

1. All warrants in proceedings as to offences punishable either by indictment or upon summary conviction, which shall be issued in any petty sessions district, shall be addressed to the sub-inspector or head constable of constabulary who shall act for the place where the petty sessions for such district shall be held:

2. All warrants in other cases shall be addressed either to the sub-inspector or head constable of constabulary in manner aforesaid, or to such other person or persons (not being the complainant or a party interested) as the justices issuing the same shall see fit:

And it shall not be necessary to address any warrant of committal to the keeper of the gaol; but upon the delivery of any such warrant by the person charged with its execution to the keeper of the gaol to which the committal shall be made, such keeper shall receive and detain the person named therein, (or shall detain him if already in his custody,) for such period and in such manner as it shall appear from the warrant that the said person is to be imprisoned; and in cases of adjournments or remands such keeper shall bring the said person at the time and place fixed by the warrant for that purpose before such justices as shall be there.

By whom warrants may be executed.

26. The execution of warrants so addressed to the sub-inspector or head constable of constabulary shall be subject to the following provisions:

1. Whenever the person against whom any warrant so ad- dressed shall have been issued shall be to be found in case of committal, or shall have goods in case of distress, in. any place for which such sub-inspector or head constable shall act, it shall be lawful for the sub-inspector or head constable who shall act for the time being for such place, or for any head or other constable to be appointed by him, to execute the same:

2. Whenever it shall appear that the said person or his goods, as the case may be, are not to be found in any place for which such sub-inspector shall act, but that they are to be found elsewhere in the same county, the said sub-inspector or head constable shall certify on the warrant, according to the form (G b.), the place where he believes that the said person or his goods are to be found, and also (having first satisfied himself as to the fact) that he believes the signature to the warrant to be genuine, and shall forthwith transmit the said warrant to the sub-inspector or head constable who shall act for such last-mentioned place; and the same shall be executed in like manner as any warrant addressed to him in the first instance:

3. Whenever it shall appear that the said person or his goods, as the case may be, are not to be found in the county to which such sub-inspector or head constable shall belong, but that such person, or his goods, as the case may be, are to be found elsewhere out of the said county, the said sub-inspector or head constable shall, as before, certify on the warrant, according to the form (G b.), and forthwith transmit the same to the inspector general of the constabulary force, to be backed as herein-after mentioned:

Provided always, that in any case which shall appear to the justice by whom any warrant shall be issued to be a case of emergency, he may address such warrant to any constable of the county; and it shall be lawful for such constable to execute such warrant at any place within the county in which the justice issuing such warrant shall have jurisdiction, or, in case of fresh pursuit of an offender, at anyplace in the next adjoining county; but the constable to whom any such warrant shall be so addressed shall, if the time will permit, show or deliver the same to the sub-inspector or head constable under whose command the said constable shall be, who shall proceed in respect to the same according to the Acts regulating the constabulary force.

Backing warrants.

27. Whenever any warrant addressed to the sub-inspector of constabulary, or to any head or other constable, shall be so certified and transmitted to the said inspector general, the manner in which it shall be backed for execution elsewhere shall be as follows:

1. Whenever it shall appear that the said person or his goods are to be found in any place in Ireland, (not being within the police district of Dublin Metropolis,) it shall be lawful for the said inspector general or for either of the deputy inspectors general of constabulary to indorse the said warrant according to the form (G c.), and to transmit the same to the sub-inspector who shall act for such place; and the same shall be executed in like manner as any warrant addressed to him in the first instance:

2. Whenever it shall appear that the said person or his goods are to be found in the police district of Dublin Metropolis, it shall be lawful for the said inspector general, or for either of the said deputy inspectors general, to indorse the said warrant according to the form (G. c.), and to transmit the same to the Commissioners of Metropolitan Police: and the same shall be executed in like manner as any warrant addressed to them in the first instance:

3. Whenever it shall appear that the said person or his goods are to be found in some place in England or Scotland, or in the Isles of Man, Guernsey, Jersey, Alderney, or Sark, it shall be lawful for the said inspector general, or for either of the said deputy inspectors general, in like manner as before, to indorse the warrant, according to form (G c.), and it shall thereupon be lawful for any justice or officer having power to issue any warrant, or process in the nature of a warrant, for the arrest of offenders in any of the said places, upon proof on oath of the handwriting either of the inspector or deputy inspector general by whom the same shall have been indorsed or of the justice by whom the warrant shall have been issued, to indorse the same, according to the form (G c.), authorizing its execution within the jurisdiction of the said justice or officer by the person bringing the same, or by any constable or other peace officer of the county or place where it shall be so indorsed:

And the said provisions shall also apply to cases in which the sub-inspector shall only certify that the signature to the warrant is genuine, but in which the place where the said person or his goods are to be found shall appear by other means than the said certificate.

Backing of warrants addressed to other persons than the constabulary.

28. Whenever a warrant shall be addressed to any other person or persons than the constabulary, and it shall appear that the person against whom the same shall have been issued, or his goods, as the case may be, are not to be found within the county in which the justice issuing the same shall have jurisdiction, but in some other place in Ireland, or in any of the places out of Ireland herein-before mentioned, it shall be lawful for any justice or other such officer as aforesaid of such place, upon proof on oath of the handwriting of the justice who shall have signed the warrant, to indorse the same for execution in such place in like manner as is herein-before provided as to any warrant indorsed by the inspector general of constabulary.

Backing warrants from England, &c. into Ireland.

29. Whenever any person against whom any warrant shall be issued by any justice or other such officer as aforesaid in England or Scotland, or in the Isles of Man, Guernsey, Jersey, Alderney, or Sark, for any crime or offence, shall reside or be, or be suspected to reside or be, in any place in Ireland, it shall be lawful for the said inspector general or for either of the said deputy inspectors general, or for any justice of the said last-mentioned place, to indorse the same in like manner and upon like proof as aforesaid, authorizing the execution of the same within his jurisdiction.

Warrants for arrest issued by justices, judges, &c.

30. The aforesaid provisions as to the indorsement of warrants shall equally apply to any warrants for the arrest of any person charged with any indictable crime or offence for which he is punishable by law, whether the same shall be signed or indorsed or issued by a justice of the peace, or by a judge of her Majesty’s Court of Queen’s Bench, or justices of oyer and terminer and general gaol delivery, in England or Ireland, or by the Lord Justice General, Lord Justice Clerk, or any of the Lords Commissioners of Justiciary, or by any sheriff depute or substitute, in Scotland, or by the chief or under secretary to the Lord Lieutenant.

Warrants so backed to be valid for execution.

31. Whenever any warrant, addressed either to the constabulary or any other person, shall be so indorsed by the said inspector general or by either of the said deputies inspector general or by any justice or other such officer as aforesaid, it shall be a sufficient authority to the person bringing such warrant, and also to all constables or peace officers of the county or place where such warrant shall be so indorsed, to execute the same by arrest, committal, or levy, as the case may be, within the jurisdiction of the said justice or officer, and, in case of a warrant to arrest any person, to convey him when arrested before the justice or officer by whom the same was issued, or before some other justice or officer of the same county or place, to be dealt with according to law: Provided always, that if the prosecutor, or any of the witnesses for the prosecution, in cases of indictable offences, shall then be in the county or place where any person shall have been arrested under any warrant so backed as aforesaid, the constable or other person who shall have arrested such person shall, if so directed by the justice who shall have indorsed the warrant, bring the person so arrested before him or some other justice of the same county or place, who may thereupon take the examinations of such prosecutor or witnesses, and proceed in every respect as herein-before directed with respect to persons charged before a justice with an indictable crime or offence alleged to have been committed in any other county or place than that in which such person shall have been arrested.

Execution of warrants in cases of summary convictions.

14 & 15 Vict. c. 90.

32. The manner in which distresses and committals under warrants shall be made shall be as follows:

1. Whenever any warrant to levy any penal or other sum by distress shall be addressed to the constabulary, the sums levied under it shall be accounted for under the provisions of the Fines Act, Ireland, 1851, but whenever any such warrant shall be addressed to any other person than the constabulary, such person shall pay over the sum levied under it to the person who shall appear by such warrant to be entitled to the same, or in such other manner, and subject to such account of the same, as the justices shall direct:

2. In every case where a distress shall be made under any such warrant it shall be lawful for the person charged with its execution to sell the said distress within such period as shall be specially fixed by the said warrant, or if no period shall be so fixed, then within the period of three days from the making of the distress, unless the sum for which the warrant was issued, and also the reasonable charges of taking and keeping the said distress, shall be sooner paid; and in every case where he shall sell any such distress, he shall render to the owner the overplus, if any, after retaining the amount of the said sums and charges:

3. In every case where any person against whom any such warrant shall be issued shall pay or tender to the person having the execution of the same the sum in such warrant mentioned, or shall produce the receipt of the officer of the court for the same, and shall also pay the amount of the expences of such distress up to the time of such payment or tender, such person shall refrain from executing the same:

4. In every case where any sub-inspector or member of the metropolitan police force shall be empowered to distrain any goods under such warrant, he may and is hereby authorized to sell or cause the same to be sold by auction by any head constable of the said constabulary force, or by any member of the said metropolitan police force, as the case may be, without procuring any licence to act as an auctioneer, and may deduct out of the amount of such sale fill reasonable costs and charges actually incurred ineffecting the same:

5. In every case where any person who shall be apprehended under any such warrant shall pay or cause to be paid to the keeper of the gaol in which he shall be imprisoned the sum in the warrant mentioned, the said keeper shall receive the same, and [shall thereupon discharge such person if he be in his custody for no other matter:

6. Whenever the warrant shall be to commit any prisoner to gaol, the head or other constable or other person whose duty it shall be to convey such prisoner to gaol shall deliver over the said warrant and the said prisoner to the keeper of the gaol, who shall thereupon give to such head or other constable or other person a receipt for such prisoner (form F.), setting forth the state and condition in which he shall have been delivered into the custody of such keeper:

7. In any case of summary jurisdiction in which a justice shall order any person to be committed to gaol for any period either in default of payment of any sum, or in default of distress, or as a punishment for any offence, such committal shall be to the county gaol, district bridewell, or house of correction of the county in which the party shall be arrested, unless where such arrest shall be made in any county adjoining to that in which the warrant shall have been issued, in which case the committal shall be to any of the said prisons of such last-mentioned county; and whenever any justices shall order any person to be committed on account of any adjournment of the hearing, or until the return of a warrant of distress, or for any like temporary purpose, such committal shall be either to the gaol or house of correction, district bridewell, or to any bridewell or lock-up of the county built or supported by county present ment, according as shall appear to the justices most convenient for that purpose.

Return of unexecuted warrants.

33. Whenever the person to whom any warrant shall be so addressed, transmitted, or endorsed for execution, shall be unable to find the person against whom such warrant shall bave been issued, or his goods, as the case may be, or to discover where such person or his goods are to be found, he shall return such warrant to the justices by whom the same shall have been issued within such time as shall have been fixed by such warrant, (or within a reasonable time where no time shall have been so fixed,) and together with it a certificate (G. a.) of the reasons why the same shall not have been executed; and it shall be lawful for such justice to examine such person on oath touching the non-execution of such warrant, and to re-issue the said warrant again, or to issue any other warrant for the same purpose, from time to time as shall seem expedient.

Form of recognizances, and mode of estreating.

34. Whenever any person shall be bound to appear or to keep the peace, it shall be done by a separate recognizance (C.); but whenever any person shall be bound to prosecute or to give evidence as a witness, it may be done either by recognizance at foot of his deposition (A b.), or by a separate recognizance, at the discretion of the justice; and the taking of every recognizance shall be subject to the following provisions:

1. It shall be in such amount as the justice shall, in his discretion, think expedient, except in cases of appeal, in which the amount shall be as herein-before provided:

2. It shall particularly specify the profession, trade, or occupation of every person entering into the same, together with his christian and surname, and the name of the parish and townland or town in which he resides, and, if he resides in a town, the name of the street, and the number (if any) of the house in which he resides, and whether lie is owner or tenant thereof, or a lodger therein:

3. Every recognizance so taken according to the form in the schedule to this Act, or to the like effect, either at foot of the deposition or by a separate form, shall have the like force and effect in binding the lands, tenements, goods, and chattels of the persons acknowledging the same, and in all other respects, which any recognizance now by law has:

And whenever the condition of any such recognizance shall be to appear at assizes or quarter sessions, or at any place other than before any justice or justices, or to perform the duties of petty sessions clerk, it shall be forwarded to the clerk of the Crown or peace as herein-before provided, and shall be liable, upon any breach of the condition thereof, to be estreated in the same manner as any forfeited recognizance to appear is now by law liable to be estreated by the court before which the principal party thereto shall have been bound to appear: But whenever the condition of such recognizance shall be to keep the peace, or to appear before any justice out of quarter sessions, or to perform the duties of a pound keeper, it shall be deposited with the clerk of petty sessions of the district by the justice by whom it shall have been taken; and upon nonperformance of the condition thereof any justice who may then be there present may certify on the recognizance the nonperformance of the said condition; and it shall thereupon be lawful for the justices sitting at the petty sessions of the district, and in open court, upon proof of the nonperformance of the said condition, to make an order to estreat such recognizance to such amount as they shall see fit, and thereupon to issue a warrant (E a.) to levy such amount by distress and sale of the goods of the parties who shall have acknowledged the same: Provided always, that in every case where any justices shall order any such recognizance to be estreated, proof shall be first made on oath that notice in writing (stating the general grounds on which it is intended to sustain the application) was left at the usual place of abode of the party, or of each of the parties if more than one, against whom it is sought to put such recognizance in force, at least seven days before the day on which the application to estreat such recognizance shall be made.

Offences by officers and others.

Refusal to enter sum-mans.

Clerk taking more than his legal fees.

Clerk engaging in occupation inconsistent with his duties.

Service of summons.

Return of unexecuted warrants or execution of warrants.

Retaining petty sessions books, &c.

Hindering search for petty sessions books, &c.

Any other neglect of duty.

35. Any of the officers or persons herein-after mentioned who shall commit any of the offences or neglects herein-after mentioned, and who shall be convicted thereof before any two justices of the county sitting at petty sessions, shall be liable to forfeit for every such offence or neglect the penalties hereinafter mentioned; (that is to say,)

Any clerk of petty sessions who shall neglect or refuse to enter any summons in the order required under the provisions of this Act shall be liable to a penalty not exceeding forty shillings:

Any clerk of petty sessions who shall demand or receive any other or different fees, or any greater amount of fees, as to any proceedings in any case, than he can legally demand or receive under this Act, shall be liable to a penalty not exceeding five pounds:

Any person who, whilst he shall hold the office of petty sessions clerk, shall practise as solicitor in any case at such petty sessions, or at the quarter sessions of the division of the county in which such petty sessions shall be situated, or who shall act as the clerk of any solicitor so practising, or as the clerk of a poor law union, or as a collector of any public tax, or as a pound keeper, or as the keeper or partner in keeping any inn or public house, or who shall engage in any other business or occupation which the justices or the Lord Lieutenant shall have forbidden as inconsistent with his duties as petty sessions clerk, shall be liable to a penalty not exceeding twenty pounds:

Any summons server or other person who shall make any wilful default in serving any summons shall be liable to a penalty not exceeding forty shillings.

Any sub-inspector, head or other constable, or other person who shall wilfully neglect to return any unexecuted warrant at the time required by the justices, or who shall commit any wilful default in respect to the execution of the same, shall be liable to a penalty not exceeeding five pounds:

Any person in whose possession any books, papers, or other effects belonging to the justices at petty sessions, or relating to such court, shall be, upon or after the death, resignation, suspension, or dismissal of any petty sessions clerk, and who shall refuse to deliver up the same to the sub-inspector or head constable or other person directed by the justices under the provisions of this Act to demand the same, shall be liable to a penalty not exceeding ten pounds:

Any person who shall oppose or hinder any search under any warrant issued by the justices for the discovery of any such books, papers, or other effects, shall be liable to a penalty not exceeding five pounds:

Any person having any other duty to perform under the provisions of this Act, and who shall wilfully neglect to perform the same, shall be liable to a penalty not exceeding five pounds:

And it shall be lawful for the said justices to award the said penalties; and if the same shall be imposed upon any member of the constabulary force, the amount shall be deducted from his pay; but if imposed on any other person, then, in default of payment thereof forthwith, or at such time as the justices shall fix, such person may be committed to prison for the like period, in proportion to the amount of the penalty imposed, for which the justices are authorized to commit any offender in default of distress for any other penalty under the provisions of this Act.

Forms in the schedule to be deemed valid.

36. In all proceedings under this Act the several forms in the schedule to this Act contained, or forms to the like effect, shall be deemed good, valid, and sufficient in law, and shall be the proper forms to be used, even in cases in which other and different special forms shall be or shall have been provided by the particular Act or Acts under which the information or complaint shall be made; but no departure from any of the said first-mentioned forms, or omission of any of the particulars required thereby, or use of any other words than those indicated in such forms, shall vitiate or make void the proceeding or matter to which the same shall relate, if the form used be otherwise sufficient in substance and effect, and the words used clearly express the intention of the person who shall use the same; and it shall be sufficient in any of the forms provided by this Act to state sums of money either in words or figures, according as the person using the same shall see fit: Provided always, that the sealing of any warrant or other form of procedure under this Act shall not be necessary in addition to the signature of the justice by whom the same shall be signed.

General terms to be used in the forms of procedure.

37. And with a view to simplify forms, the prosecutor or party at whose instance the proceeding shall take place may be termed in such forms the “complainant,” whether he shall be an informant or prosecutor or otherwise; and the matter of the proceeding may be termed the “complaint,” whether founded on an information or otherwise; and in summary proceedings the decision of the justices may be termed their “order,” whether the same shall be a conviction or otherwise.

Description of property in informations.

38. It shall be sufficient in any information or complaint, or the proceedings thereon, to describe the property belonging to or in the possession of partners, joint tenants, parceners, or tenants in common, as the property of any one of such persons who shall be named, and of another or others, without naming them, as the case may be; and any work or building made, maintained, or repaired at the expence of any county or place, or any materials for the making, altering, or repairing of the same, as the property of the inhabitants of such county or place respectively; and any goods provided by guardians of the poor or their officers respectively for the use of the poor, as the goods of the guardians of the poor of the union to which the same belong, without naming any of them; and any property of any persons described in any Act of Parliament, or in any charter or letters of incorporation, as commissioners, directors, trustees, or by any other general designation whatsoever, as the property of such commissioners, directors, trustees, or persons described by such other general designation, without naming them; and whenever it may be necessary to mention any of such persons or parties in any suit, information, or complaint, it shall be sufficient to describe them in manner aforesaid,

No objection to be allowed for variances between information and evidence, Etc.

39. In cases of summary proceedings no variance between the information or complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint shall be alleged to have been committed or to have arisen, shall be deemed material, if it be proved that such information or complaint was in fact laid or made within the time limited by law for laying or making the same; and any variance between such information or complaint and the evidence adduced in support thereof, as to the place in which the same shall be alleged to have been committed or to have arisen, shall not be deemed material, provided that the said offence or cause be proved to have been committed or to have arisen within the jurisdiction of the justice or justices by whom such information or complaint shall be heard and determined; and no objection shall be taken or allowed in any proceedings to any information, complaint, summons, warrant, or other form of procedure under this Act, for any alleged defect therein in substance or in form, or for any variance between any information, complaint, or summons, and the evidence adduced on the part of the complainant or prosecutor at the hearing of the case in summary proceedings, or at the examination of the witnesses by a justice or justices in proceedings for indictable offences: Provided always, that if any such variance or defect shall appear to the justice or justices at the hearing to be such that the defendant has been thereby deceived or misled, it shall be lawful for such justice or justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime, in cases of proceedings for offences, to commit the said defendant to gaol, or to discharge him, upon his entering into a recognizance conditioned for his appearance at the time and place to which such hearing shall be so adjourned.

Receipts not to be subject to stamp duty.

40. No receipt required to be given under the provisions of this Act shall be subject to any stamp duty payable to the Crown.

Act not lo extend to police district of Dublin Metropolis, &c.

41. Nothing in this Act shall extend to the police district of Dublin Metropolis, or alter or affect in any manner whatsoever any of the provisions or enactments contained in any Act regulating the powers and duties of justices of the peace or of the police of the district of Dublin Metropolis, or be deemed applicable in any way to the same, save so far as relates to the backing or executing of any warrants, or to alter the provisions of any Act or Acts whereby any part of any county is annexed for the purpose of criminal proceedings to any other county, or whereby any offences committed in one county are authorized to be tried in any other county.

Act shall not extend to Revenue, &c. cases, except as to forms of procedure.

42. Nothing in this Act shall extend or be construed to extend to any information or complaint or other proceeding under or by virtue of any of the Acts relating to her Majesty’s Revenue of Excise or Customs, Stamps, Taxes, or Post Office, or relating to the preservation of game, except that all proceedings as to the same may be in the forms of procedure required by this Act, or as near thereto as the circumstances of the case will admit.

[S. 43 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Interpretation of terms.

44. In the interpretation of this Act and of the schedules thereto annexed, save where there is anything in the subject or context repugnant to such construction, the word “county” shall be deemed to include . . . “riding of a county”; the expression “summary jurisdiction” shall be deemed to mean any case as to which a summary conviction or order may be made by a justice or justices out of quarter sessions; and “summary proceedings” shall mean any proceedings in respect to such case; the word “complaint” shall include “information,” and “complainant” shall include “informant” or “prosecutor”: the word “order” shall include “conviction”; the word “quarter sessions” shall include any general sessions of the peace for the county; the word “justice” shall mean “justice of the peace,” and shall include the “chief magistrate” for the time being or the “borough justices” of any corporate town; the word “constabulary” shall mean the constabulary force of Ireland; the words “proper officer of the recorder’s court,” shall mean the town clerk, where there shall be a town clerk, and where there shall be no town clerk, the person whose duty it shall be to make entries of the proceedings; . . . the word “gaol” shall include any “house of correction” or “bridewell,” or other “place” of imprisonment of the county; the word “keeper of the gaol” shall include “bridewell keeper,” or the keeper or governor of any other prison; the word “goods” shall include “chattels”; . . . and the references in this Act by letters to the forms to be used shall be to the forms in the schedule to this Act annexed.

Short title of Act.

45. In citing this Act in other Acts of Parliament, or in any legal or other instruments or proceedings, it shall be sufficient to use the expression “The Petty Sessions (Ireland) Act, 1851.”

[S. 46 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Extent of Act.

47. This Act shall extend and be construed to extend to Ireland only, save and except the several provisions hereinbefore contained respecting the backing and execution of warrants and the taking of examinations; and nothing in this Act shall be deemed to alter or affect the jurisdiction or practice of the Court of Queen’s Bench in Ireland.

Schedule to he part of Act.

48. The schedule to this Act annexed shall be deemed to be part of this Act.


Schedule.

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[1 Short title, “The Petty Sessions (Ireland) Act, 1851.” See s. 45.]

[1 S. 14 of 30 & 31 Vict. c. 90 provides that this provision shall not extend to penalties for offences against 1 & 2 Will. 4 c. 55.]

1 That is 5l.