chairman shall think fit, and to direct a warrant to issue Section 10. to levy such amount in like manner as other penal sums are directed to be levied by this act : provided always, that proof shall be first made on oath before such assistant-barrister, or recorder, or chairman, that notice in writing has been given to or left at the usual place of abode of the party, or each of the parties, if there be more than one, against whom it shall be sought to put such recognizance in force, seven days at least before the commencement of the sessions at which such application shall be made, and such notice shall state in substance the cause or matter on which it is intended to sustain the application. XI. Forms in the schedule deemed valid, and form of book may be extended. XII. Receipts not to be subject to stamps. XIII. In every case (c) where the act under which any penal sum shall be ordered to be paid as a penalty for an offence (and no sum shall be awarded to the complainant as compensation for damage), it shall be lawful for the court to award any sum not exceeding one third of such penalty to the prosecutor or informer, and the remainder of such penalty and all other penalties shall be awarded to the Crown, any act or acts to the contrary notwithstanding: provided always, that nothing herein contained shall be construed to alter the appropriation or application of any fine or penalty imposed at any of the divisional police offices of Dublin metropolis, or by the justices in any corporate town, and payable to any borough fund; but the same shall continue to be appropriated and applied as is now by law authorized, and shall be paid over to the same purposes from time to time in such manner and at such times as the chief or under secretary to the Lord Lieutenant shall di rect. (c) But see now 21 & 22 Vic. c. 100, for the application of fines and penalties Forms of procedure. Appropriation of fines and penalties. Page 166. under the Fishery Acts; and see title Fishery, post. Justices may decide all cases under this act on evidence of witnesses or confession. 14 & 15 Vic. cap. 92. An Act to consolidate and amend the Acts relating to certain Offences and other matters as to which Justices of the Peace exercise Summary Jurisdiction in Ireland. [7th August, 1851.] WHEREAS it is expedient to consolidate and amend the acts by which justices of the peace are empowered to adjudicate in a summary way as to certain offences and other matters in Ireland: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, I. That it shall be lawful for any justice or justices sitting in petty sessions (a) (or for any two justices sitting out of petty sessions, when the offender shall be unable to procure bail for his appearance at petty sessions), within his or their respective jurisdictions, to hear and determine, either on the oath of one or more credible witnesses, or on the confession of the person against whom the complaint shall be made, all complaints relating to any offences, claims, or other matters under the provisions of this act, and to order such fine, imprisonment, compensation and sums, or to make such other order relating to such offence or other matter as such person shall be liable to under the said provisions; and all proceedings as to compelling the appearance of any such person or of any witness, and as to the hearing and determination of such complaints, and as to the making and executing of such orders, shall be subject in all respects to the provisions of "the Petty Sessions Act, Ireland, 1851," (when the case shall be heard in any petty sessions district), and to the provisions of the acts relating to the divisional police offices (when the case shall be heard in the police district of Dublin metropolis), so far as the said provisions shall be consistent with any special provisions of this act. (a) It may here be observed that any matters which form the subject of summary order or conviction, under the pro visions of this act, may be determined by ONE magistrate, provided it be done in petty sessions. Sections 2, 3, 4, & 5. Stealing by juvenile offenders. II., III, IV., V. repealed by 24 & 25 Vic. c. 95. VI. Any person who shall commit any of the next following offences (and whose age at the time of the commission thereof shall not, in the opinion of the justices, exceed the age of fourteen years), shall be liable to the punishment hereinafter specified: 1. Any such person who shall commit, or attempt to Page 123. commit, or who shall aid or abet the commission of any offence which now is or hereafter shall or may be by law deemed or declared to be simple larceny, or punishable as simple larceny (6), shall, upon conviction thereof before the justices sitting in petty sessions and in open court, be liable to a fine not exceeding three pounds, or to be imprisoned for a period not exceeding three months: 2. If a male, such person shall, if the justices shall see fit, be liable to be once privately whipped, either instead of or in addition to such imprisonment; and the justices shall from time to time appoint some fit and proper person to inflict said punishment of whipping, when ordered to be inflicted out of prison: 3. And if the justices, upon the hearing of any such case, shall deem the offence not to be proved, or that it is not expedient to inflict any punishment, they shall dismiss the person charged, on his finding a surety or sureties for his future good behaviour, or without such sureties, if the said justices shall so think fit: And no conviction of any such juvenile offender for any such offence shall be attended with any forfeiture, save as herein before mentioned; but whenever any such person shall be convicted of such offence, it shall be lawful for the justices to order restitution of the property in respect to which such offence shall have been committed to the rightful owner; or if such property shall not then be forthcoming, the justices, whether they shall award punishment or dismiss the complaint, may, if they shall think fit, order payment of the value of such property in money to the rightful owner by the person convicted: provided always, that if the justices shall be of opinion, before any such person shall have made his defence, that the charge is from any circum (b) See post "Larceny." If a male, may be whipped. Section 6. Frauds as to provisions. Offering adulterated corn, &c. for sale. Page 137. Offering unwholesome meat, &c. for sale. stance a fit subject for prosecution by indictment (or if the parent or next friend of such person shall, upon his being called upon to answer the charge, object to the case being summarily disposed of under the provisions of this act), the justices shall, instead of summarily adjudicating thereupon, deal with the case as one to be prosecuted by indictment at assizes or quarter sessions. VII. Any person who shall commit any of the next following offences shall be liable to the punishment hereinafter specified in each case : 1. Any person who shall sell or offer for sale any wheat, rye, meslin, peas, beans, barley, bere, oats, shillin, cutlings, meal, flour, malt, or other corn (c) which shall in the whole or in part be spoiled or adulterated by wetting or mixing therewith any sand, gravel, dirt, or rotten or damaged corn, grain, malt, meal, or flour, or grown or blighted corn, or other kind of stuff, or which shall not be in quality of equal goodness to that produced to the view of the intended buyer or buyers thereof, or shall use any other fraud or deceit therein, in order to make such corn, grain, malt, meal, or flour appear heavier than it would have been without such mixture, fraud, or deceit, shall forfeit ail such corn, grain, malt, meal, or flour, to be disposed of as the justices shall direct, and shall also be liable to a fine not exceeding forty shillings, or to be imprisoned for any term not exceeding one month: 2. Any person who shall exhibit for sale any unwholesome or fraudulently prepared meat, fish, or other provisions or food of any kind for man or beast, or shall practise any deceit or fraud (d) in respect to the quality of any such meat, fish, or other provisions, shall forfeit all such meat, fish, or other provisions, to be disposed of as the jus (c) The offence of adulterating corn is punished by statute 1 & 2 Vic. c. 28, 8. 8. (d) It would appear that when a party adulterates articles which he has undertaken by contract to supply to workhouses, &c. the J. P. has no jurisdiction under this section to fine the offender, as such offence would not be exhibiting for sale; see page 121; see 23 & 24 Vic. c. 84, post, tit. Food, an act for preventing the adulteration of articles of food or drink, which is very extensive in its application and under which any person who sells articles of food or drink mixed with anything that is injurious or impure is liable to a penalty of five pounds. tices shall direct, and shall also be liable to a Section 7. fine not exceeding forty shillings, or to be imprisoned for any term not exceeding one month : And it shall be lawful for any justice to seize (e) or cause to be seized any of the articles herein before last mentioned as to which any such offence shall have been committed; and the said justice may, if he shall deem it expedient, either proceed at once to hear and determine the case, or may adjourn the hearing thereof to the next petty sessions of the district. Trespass of persons. Trespass on fields, &c. and refusing to leave. VIII. Any person who shall commit any of the next following offences shall be liable to a fine not exceeding ten shillings, and in default of payment thereof at such time as the justices shall fix shall be liable to be imprisoned for a period not exceeding one week: 1. Any person who shall wilfully trespass in any field, garden, pleasure ground, wood, plantation, or other place (f), and shall neglect or refuse to leave any such place after he shall have been warned to do so by the owner, or by the caretaker or servant of the owner, or by any person authorized in that behalf by the owner: 2. Any person who shall again trespass in any such place within three months from the time when such warning shall have been so given to him: Provided always that nothing herein contained shall extend to any case where the party trespassing acted under cases; (e) The market jurors of the borough of C., June 6th, seized eight sacks of oatmeal in the store of B. made up for sale; and having brought them to the office of the mayor, charged B. with having exhibited for sale fraudulently prepared meal. B. objected to the jurisdiction of the mayor. The case was adjourned to July 16th, when the mayor alone investigated the case in his court, and having reserved his judgment, ultimately on July 23rd ordered the meal to be forfeited, and sentenced B. to one week's imprisonment; and it was held by the Q. B. that the conviction was valid although made by the mayor sitting alone, and out of petty sessions. R. v. Mayor of Clonmel, 9 Ir. C. L. R. 267. The above section and the Petty Sessions (Ireland) Act, 14 & 15 Vic. c. 93, s. 8, vide ante, p. 327, are to be Repetition of construed so as to repress the mischiefs therein mentioned, and to afford protection to the public, id. One J. P. may seize or cause to be seized fraudulently prepared meat, &c. and proceed at once under the 14 & 15 Vic. c. 92, s. 7, sup. to hear and determine the case, or to adjourn it to the court of petty sessions; for every court having power to hear and determine has power to adjourn. If the case is adjourned to petty sessions, then any J. P. may adjudicate in petty sessions upon the complaint under the 14 & 15 Vic. c. 93, s. 8. (f) It is conceived that persons evicted by habere, who again enter on the land, and re-establish themselves without the cognizance or against the will of the owner, may be dealt with under this section. |