Petty Sessions (Ireland) Act, 1851

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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:

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.

[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.