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DUBLIN POLICE MAGISTRATES ACT 1808
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CHAPTER CXL.
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An Act for the more effectual administration of the Office of a Justice of the Peace, and for the more effectual Prevention of Felonies within the District of Dublin Metropolis. [30th June 1808.]
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Recital of Irish Acts, 35 Geo. 3. c. 36.
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36 Geo. 3. c. 30.
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39 Geo. 3. c. 56.
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40 Geo. 3. c. 62.
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Recited Acts of 35 & 36 Geo. 3. and so much of 39 & 40 Geo. 3. as relates to the watch establishment, repealed.
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WHEREAS an Act was made in the Parliament of Ireland in the thirty-fifth year of his present Majesty’s reign, intituled “An Act for more effectually preserving the peace within the city of Dublin and the district of the metropolis, and establishing a parochial watch in the said city”: And whereas another Act was made in the Parliament of Ireland in the thirty-sixth year of his present Majesty’s reign, for explaining and amending the said recited Act of the thirty-fifth year, and for remedying the abuses committed by pawnbrokers within the district of the said metropolis or three miles thereof”: And whereas another Act was made in the Parliament of Ireland in the thirty-ninth year of his present Majesty’s reign to amend the said recited Acts of the thirty-fifth and thirty-sixth years of his present Majesty’s reign: And whereas another Act of Parliament was made in Ireland in the fortieth year of his present Majesty’s reign, intituled “An Act for amending and making perpetual the several laws for regulating the watch in the district of the metropolis, and for granting a further duty upon pawnbrokers”: And the said Acts have been found insufficient for effectuating the said purposes: Be it therefore enacted by the King’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, that the said Acts of the thirty-fifth and thirty-sixth years of his present Majesty’s reign, and every matter and thing therein contained, and also so much of the said Acts of the thirty-ninth and fortieth years of his present Majesty’s reign as relates to the watch establishment, shall be, and the same are hereby repealed; (save and except so much of the said Acts or any of them respectively as repeals any former Act or Acts, or any clause, power, or authority, or provision given or enacted by any former Act or Acts, and save and except so much of the said Acts or any of them as provide for the payment of any salary or salaries to any person or persons in respect of having held any office or offices whatsoever abolished by the said Acts or either of them, and also save as herein-after mentioned.) [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Formation and limits of Dublin police district.
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2. And . . . that his Majesty’s castle of Dublin, and all places within eight miles thereof in every direction, as to all matters and things not within the jurisdiction of the court of Admiralty of Ireland, shall be united in one district, and be called “The Police District of Dublin Metropolis.” [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Police district to be divided into six divisions with public offices.
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3. And . . . that the said police district shall be divided into six divisions; and that it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland for the time being, by warrant under hand and seal, from time to time to direct, declare, and point out the limits of the said divisions respectively, and to change the same from time to time at his or their will and pleasure, and to cause six several public offices to be established, one thereof in each of the said divisions, and to cause the same to be changed from time to time as he or they shall think proper. [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Appointment of divisional justices ;
and receiver.
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4. And . . . that there shall be appointed in manner hereinafter mentioned eighteen fit and proper persons to be divisional justices within the said district, six whereof to be barristers of not less than six years standing each; and that twelve of the said divisional justices shall be appointed by the lord lieutenant or other chief governor or governors of Ireland for the time being; to wit, six barristers of such standing as aforesaid, and three aldermen of the city of Dublin, and three persons being sheriffs peers or members of the common council of the said city, whom he or they shall think proper; and it shall be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, to appoint a receiver, not being an alderman of the city of Dublin, who shall be called “the receiver of the public offices in the police district of Dublin metropolis,” which receiver shall be incapable of being appointed or elected a divisional justice under this Act, and shall be removable from time to time by the lord lieutenant or other chief governor or governors of Ireland for the time being at his and their good will and pleasure. [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Election of six of the divisional justices.
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5. And . . . that the other six divisional justices shall be elected to the said offices, subject to the approbation of the said lord lieutenant or other chief governor or governors of Ireland for the time being, and the privy council, in manner herein-after mentioned; and that the persons so to be elected shall be three aldermen of the city of Dublin and three sheriffs peers. [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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[Ss. 6–10 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Lord lieutenant to appoint one of the justices chief magistrate of the police.
Office of the castle division to be the head office.
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11. And . . . that it shall and may be lawful to and for the lord lientenant or other chief governor or governors of Ireland for the time being, by warrant under hand and seal, to nominate any one of the said divisional justices, being an alderman, whom he shall think proper, to be the chief magistrate of the police of Dublin, and in like manner to change the same at his and their good will and pleasure, and such chief magistrate shall for the time being be one of the divisional justices of the division in which his Majesty’s castle of Dublin shall be situate; and that the office of the said division shall be called “The Head Office of the Police.” [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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[Ss. 12, 13 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Divisional justices, &c. incapable of sitting in the House of Commons, and such of them as may be barristers incapable of practising.
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14. And . . . that the said divisional justices and receiver and all other persons holding any office in or under the said police establishment shall be incapable of being chosen members of or sitting in the House of Commons in any Parliament during such time as they shall hold the said offices respectively: and that no barrister who shall be appointed or elected a divisional justice under this Act shall, while he shall hold the said office, practise as a barrister in any court whatever, or do any business as a barrister out of court, in drawing deeds or pleadings in law or equity or any draft or drafts thereof respectively, or in giving any opinion or opinions, or otherwise; and if any such barrister shall offend herein, he shall for every such offence forfeit the sum of five hundred pounds sterling.
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No barrister or other officer acting under this Act (with certain exceptions) to vote or interfere in the election of members of Parliament for the county or city of Dublin.
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15. And . . . that no barrister or other officer or person nominated or appointed by or under this Act (except the said divisional justices who shall be aldermen, sheriffs peers, or common councilmen), shall, during the time he shall continue in his office or within six months after he shall have quitted the same, be capable of giving his vote for the election of a member to serve in Parliament for the county of Dublin or the city of Dublin respectively, nor shall by word, message, writing, or in any other manner endeavour to persuade any elector to give or dissuade any elector from giving his vote for his choice of any person to be a member to serve in Parliament for the said county and city of Dublin respectively; and every such officer or person as aforesaid offending therein shall forfeit the sum of one hundred pounds, one moiety thereof to the informer, and the other moiety to be paid to the said receiver of the said public offices to be applied to the uses of the said establishment, to be recovered by any person that shall sue for the same by action of debt, bill, plaint, or information in any of his Majesty’s courts of record at Dublin, in which no essoign, protection, privilege, wager of law, nor more than one imparlance shall be allowed; such action to be brought within the space of one year after such offence so committed: Provided always, that nothing in this Act shall extend or be construed to extend to subject such officer or person as aforesaid to any penalty or penalties for any act or acts done by him at or concerning any of the said elections in discharge of his duty or duties in his respective capacity.
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[Ss. 16–18 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Divisional justices to retain clerks and constables.
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19. And . . . that the divisional justices under this Act shall in their respective offices retain and employ a sufficient number of clerks, and also a sufficient number of fit and able men, whom they or any of them are hereby respectively authorized and empowered to swear in to act as constables for preserving the peace and preventing robberies and other felonies and apprehending offenders against the peace within the said police district of Dublin metropolis, as well by night as by day; which said constables so appointed and sworn as aforesaid shall have all such powers, authorities, privileges, and advantages as any constable duly appointed now has or hereafter may have by virtue of any law or statute in force in Ireland, and shall obey all such lawful commands as they shall from time to time receive from the said divisional justices under this Act respectively, for the apprehending offenders or otherwise conducting themselves in the execution of their said office or employment by day or night; and such divisional justices or any two of them shall and may at any time dismiss from his said employment every such constable belonging to their respective offices, whom they shall think remiss or negligent in the execution of his duty, or otherwise unfit for the same, and appoint such others in their stead as to them shall seem meet: Provided always, that no greater number than two clerks and three office constables and four peace officers shall at any one and the same time be so retained as aforesaid at any one of the said publick offices, except at the office of the division in which his Majesty’s castle of Dublin shall be situate, and in which the said chief magistrate of police shall be one of the divisional justices as aforesaid; and in the office of the said division no greater number than two clerks and three office constables and twenty-eight peace officers shall at any one time and the same time be so retained: Provided also, that if any person so appointed a constable as aforesaid shall be dismissed from the said employment, all powers and authorities vested in him as a constable under and by virtue of this Act shall immediately cease and determine to all intents and purposes whatsoever. [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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[Ss. 20–26 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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No justice or his clerk, &c. to take any fee within the police district, except at the offices.
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27. And . . . that no justice of the peace for the county of Dublin or for the county of the city of Dublin, or his or their clerk or clerks, or any person for them, other than at the said public offices, shall directly or indirectly, upon any pretence or under any colour whatever, take or receive any fee, gratuity, reward, or recompence for any act by him or them done or to be done in the execution of his or their office or employ as justice or justices of the peace, clerk or clerks as aforesaid within the limits of the said police district of Dublin metropolis, upon pain of forfeiting the sum of one hundred pounds for every such offence: Provided always, that nothing herein contained shall extend or be construed to extend to prevent the lord mayor of the city of Dublin, or the president of the court of conscience or of the crown office, or the magistrate attending in the rotation office for the time being from receiving such fees as they are by law entitled to.
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Divisional justices and their clerks to keep account of fees, &c. ;
and pay the amount to the receiver of the public offices.
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28. And . . . that the divisional justices aforesaid and their clerks respectively shall, in books to be provided for that purpose, keep a full, true, and particular account of all the fees taken and received at each of the said public offices, together with all fines, penalties, and forfeitures which shall have been recovered, levied, or received in pursuance of any adjudication, conviction or order had or made at any of the said public offices or any process or warrant issuing from the same [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]; and the said justices shall once in every month deliver unto such receiver such account, verified upon oath by such justice or justices, their clerk or clerks, and such other person or persons as shall be employed in keeping such accounts respectively, or any part thereof, before the lord mayor of the city of Dublin, which oath the said lord mayor is hereby authorized and required to administer, and shall pay or cause to be paid the amount of all such fees to such receiver.
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[Ss. 29, 30 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Persons charged with offences in the police district may be taken in any part of Ireland under warrant of divisional justices.
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31. And . . . that in case any person or persons charged on oath of one or more credible witnesses with any treason or felony committed within the said police district of Dublin metropolis shall fly for the same, or remove to or be found or be in any other part of Ireland, then and in every such case the warrant or warrants of the said divisional justices or any of them shall have full force and effect in any part of Ireland to which such person or persons may have fled or removed, or where such person or persons shall be found or be; and all gaolers and keepers of prisons are hereby authorized and directed, to receive into their custody such person or persons when apprehended or in custody under or by virtue of such warrant, and each and every of them in safe custody to keep until transmitted to the said district of Dublin metropolis, any law or usage to the contrary notwithstanding.
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[Ss. 32, 33 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Penalty on justices how to be recovered.
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34. And . . . that . . . . . . . . . . every justice offending in any particulars aforesaid shall forfeit the sum of twenty pounds, to be recovered by civil bill in the court of proper jurisdiction. [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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No person charged with high treason shall be admitted an approver without consent of attorney general or solicitor general.
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35. And . . . that no person charged with or accused of having committed any high treasón within the said police district shall be admitted to give evidence for the crown against his or her accomplice or accomplices without the previous consent in writing of his Majesty’s attorney general, or, in his absence or in the vacancy of the said office, of his Majesty’s solicitor general; and any justice offending herein shall forfeit the sum of one hundred pounds, to be recovered in like manner.
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[Ss. 36–45 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Constables may break open houses to search for traitors, felons, &c.
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46. And . . . that it shall and may be lawful for the said constables or any of them, being duly authorized thereto by the warrant of any two of the said divisional justices, one of whom to be an alderman, which warrant any such divisional justice on information on oath to him given is hereby authorized to grant, to break open any dwelling-house, out-house, shop, warehouse, cellar, or other place named in such warrant, as shall not be opened on demand, after due notice of such warrant, in order to search for traitors or felons, or accessories to any traitors or felons, or receivers of stolen goods, or to search for any goods, chattels, or other things stolen or feloniously taken or carried away. [Rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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* * * * * * *
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Penalty on any person concealing stolen goods, &c.
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49. And . . . that any person in whose dwelling-house, out-house, shop, warehouse, cellar, yard, or other place within the said police district any such stolen goods or chattels or any receiver of stolen goods shall be knowingly and wilfully harboured or concealed shall, upon being convicted by due course of law of so knowingly and wilfully harbouring or concealing such goods and chattels or any such receiver of stolen goods, for the first offence forfeit the sum of one hundred pounds, and for every subsequent offence the sum of two hundred pounds, or, if he or she shall be unable to pay the same, shall be committed to prison, without bail or mainprize, for any time not less than three or more than six calendar months for the first offence, nor less than six nor more than twelve calendar months for every subsequent offence; such forfeiture to be recovered by civil bill in the court of the recorder of the city of Dublin.
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Publicans, pawnbrokers, &c. to give notice of their names, abode, &c.
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50. And . . . that every person selling or being licensed to sell beer, ale, or spirituous liquors, or exercising or in any way carrying on the trade and occupation of a pawnbroker, watchmaker, buyer of old iron, lead, copper, tin, pewter, or other metal, gold and silver only excepted, or old building materials, and all and every dealer or dealers in old furniture or old cloaths, all and every broker or brokers dealing in any second-hand goods or commodities whatsoever, or stablekeepers, or other persons letting any horse, mare, or gelding for hire within the said police district shall in every year before the twenty-fifth day of March give notice of his or her name, place of abode, and occupation to the divisional justices of the division in which he or she shall reside by a note in writing, stating the said matters, and directed to the said divisional justices, and left for them at the police office of such division, or with some of their clerks or constables belonging to such office, and as often as he or she shall change his or her place of abode shall immediately give a like notice according to such new place of abode; and as often as such notice shall be given such divisional justices or any of them shall grant a certificate to such person or persons of his, her, or their having given such notice, for which certificate such person or persons shall not be liable to pay any fee or reward; and every such person who shall fail in giving such notice shall upon conviction thereof forfeit the sum of five pounds.
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Such persons having stolen goods to produce them on notice, and state from whom they were received, &c.
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51. And . . . that as often as any of the said persons so required to give such notice shall have in his, her, or their possession any goods or chattels, and after receiving a printed or written notice of such goods or chattels being stolen, with a description thereof, shall wilfully omit or refuse to make discovery to the divisional justices of the division in which he or she shall reside, or to some of them, of so having the same in his or her possession, and of the person or persons from whom he, she, or they received them, or shall, on being duly required by notice in writing signed by any of the said divisional justices, neglect or omit to attend at the office of his or her proper division at such time as shall be mentioned in such notice or order, or refuse to be examined concerning the same, every such person shall upon being convicted thereof forfeit the sum of fifty pounds, and the value of such goods and chattels; and if he, she or they upon requisition made by any of the constables to produce the same shall omit or refuse so to do, every person so offending shall, upon being convicted thereof, forfeit the like sum of fifty pounds, and the value of such goods and chattels; and if such person shall be unable to pay such fine or penalty, he or she shall be committed to the house of correction for any time not exceeding six months, at the discretion of the divisional justices before whom such person shall have been convicted.
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Constables to search for concealed arms, &c.
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52. And . . . that it shall and may be lawful for the said constables or any of them, being thereto duly authorised by the warrant of any of the divisional justices appointed under this Act, to search all suspected places in such warrant mentioned for concealed arms; and if such constables shall thereupon find any gun, pistol, sword, blunderbuss, pike, dagger, or hanger, or other arms in the possession of any person not qualified by law to bear or carry arms, he is hereby required and authorized to seize and carry the same to the publick office of such division, and the justices of such division are required to send such arms so seized to his Majesty’s arsenal, to be applied to the use of his Majesty, his heirs and successors; and the person in whose possession the said arms shall be so found shall find sureties for his or her good behaviour for three years, or shall be committed to prison by the said divisional justices or any one of them until he shall give such security: Provided always, that no such warrant shall be granted except on the information given to the said parties or any of them upon the oath of one or more credible witnesses that to the best of his, her, or their knowledge and belief such unqualified person is in possession of arms as aforesaid.
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Nightwalkers, &c. to be apprehended, and, in default of giving security for good behaviour, to be deemed rogues and vagabonds.
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53. And . . . that all nightwalkers, all persons notoriously suspected of being thieves, and all persons gaming or tippling in the publick streets, bye places, or fields within the police district of Dublin metropolis shall or may be apprehended by any of the said constables, or by any patrol or watchman, and carried to the publick office of the division; and if any such person shall not give security for his or her good behaviour, he or she shall be adjudged, deemed, and taken to be a rogue and a vagabond within the meaning of the statutes in that behalf in force in Ireland; . . . . . . . .
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[Ss. 54–56 rep. 5 Geo. 4. c. 102. s. 15.]
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All crimes committed on or within the circular road to be tried, &c. as if committed in the county of the city of Dublin.
Sessions for the county of the city of Dublin.
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57. And for carrying into execution the good purposes of this Act, be it enacted, that all treasons, felonies, misdemeanors, crimes, and offences whatsoever which shall hereafter be done or committed in any place situate in or upon any part of the circular road surrounding the city of Dublin, or in any place situate within the limits circumscribed by the said circular road, shall be prosecuted, proceeded on, and tried in the same court and courts, and in the same manner in all respects, as if the same had been committed within the county of the city of Dublin, and shall be laid in any indictment to have been committed within the said county of the city of Dublin; and that as to the prosecution apprehension, and trial of all persons charged with any of the said crimes or offences hereafter to be committed, the said circular road and every place lying within the same shall be and be deemed and taken to be part and parcel of the county of the city of Dublin; and that the sessions of the peace for the county of the city of Dublin shall not be adjourned for any greater length of time than from six weeks to six weeks, and that it shall and may be lawful to hold the said sessions during the law terms; provided, however, that nothing herein contained shall prevent the holding of the sessions of the peace for the county of Dublin in the usual place for holding the same, or shall in anywise affect the prosecution or trial of any person accused of having committed perjury on any trial held before a jury of the county of Dublin, but that all and every the said matters shall proceed as if this Act had not passed.
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Definition of the circular road on the west side of the city, for the purpose aforesaid.
This Act not to affect offences otherwise triable in the said county.
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58. And whereas the continuation of the said circular road is interrupted by his Majesty’s park called The Phœnix on the west side of the said city, by reason whereof doubts may arise as to divers parts and places adjacent thereto whether the same ought to be deemed and taken to be within the limits surrounded by the said circular road or not: For obviating of which doubts, be it enacted, that where the said circular road is so interrupted on the west side of the said city, the wall bounding his Majesty’s said park The Phœnix on the east side of the said park, and extending from the said circular road where the same meets the said wall on the south side of the said park to the said circular road where the same meets the said wall on the north side of the said park, shall as to the said purpose be taken and considered as and in the place and stead of the said circular road; and that all places which would be within the limits surrounded by the said circular road if the same were continued in the line in which the said piece of wall now runs, shall for the purpose aforesaid be deemed, taken, and considered to be within the limits surrounded by the said circular road; provided, however, that nothing in this Act contained shall in anywise be construed so as to prevent any offence from being prosecuted or tried in the county of the city of Dublin which would by law have been so prosecuted or tried if this Act had not passed.
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Lord lieutenant empowered out of police funds to increase recorder’s salary.
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59. And whereas by the provisions of this Act the duties of the recorder of the city of Dublin will be considerably increased: And whereas his present salary is inadequate to the trouble and importance of his office: Be it therefore further enacted, that it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being to direct the yearly sum of one thousand pounds, clear of all taxes and deductions, to be paid out of the funds applicable to the expences of the said police establishment to the said recorder of the city of Dublin, clear of all taxes and deductions whatsoever, in augmentation of his salary.
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[Ss. 60–64 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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No person to carry on the business of a pawnbroker without a licence.
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65. And . . . that no person shall carry on the business of a pawnbroker within the said circular road or within eight miles thereof, unless he shall have a licence of force for that purpose under the provisions of this Act.
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Person requiring licence, to deliver at the head office a note of his place of abode, &c.;
whereupon a licence shall be granted.
44 Geo. 3. c. xxii.
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66. And . . . that every such person or persons as aforesaid, before he or she shall hawk, sell, or expose to sale any of the several goods, wares, and merchandizes herein-before mentioned respectively within the said limits respectively, shall deliver or cause to be delivered to the said divisional justices of the said Castle division, or to some one of them in the said head office, a note in writing under his or her hand, or under the hand of some person by him or her authorized in that behalf, of what goods, wares, or merchandizes he or she intends to hawk, sell, or expose to sale; and [Rep. 35 & 36 Vict. c. 97. (S.L.R.)] before any person shall carry on or exercise the business of a pawnbroker within the said limits in that respect above mentioned, he or she shall deliver to the said divisional justices of the said division, or some one of them in the said general office, a note in writing under his or her hand, of his or her place of abode, and of the place where he or she intends to carry on the business of a pawnbroker; . . . . . . . . . . and thereupon a licence or licences shall be granted by the said divisional justices of the said Castle division, or any of them, unto him or her . . . . . . . . . . for exercising the business of a pawnbroker, . . . . . . . . . . for which he or she shall, previous to the issuing thereof, pay or cause to be paid to the said receiver of the said public offices the respective duties made payable in and by an Act made in the forty-fourth year of his present Majesty’s reign, intituled “An Act for the better defraying the charges of preserving the peace within the city of Dublin and the district thereof, and establishing a parochial watch therein,” or which shall hereafter be payable for the same, or any of them, and which shall be applicable to the purposes of this Act; which licences shall be in force until the twenty-fifth day of March next after the same shall be granted.
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Licences to contain description of the person licensed, &c.
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67. And . . . that the said divisional justices shall insert in such licences as they shall so issue or grant the age, place of abode, and particular description of every person to whom such licence or licences shall be granted pursuant to this Act, and shall number each licence, and keep or cause to be kept particular entries of such descriptions and licences; and that the receiver shall keep separate and distinct accounts of the duties payable thereon and applicable to the purposes of this Act.
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[S. 68 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
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Penalty for acting as pawnbrokers without a licence.
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69. And . . . that if any person shall exercise or carry on the trade or business of a pawnbroker within the said limits respectively without such licence as aforesaid, every such person upon being convicted thereof shall forfeit the sum of fifty pounds.
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Power of justices as to pawnbroker under IrishActs 35 Geo. 3. c. 36. and 36 Geo. 3. c. 30. to vest in justices under this Act.
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70. And . . . that all powers and authorities now in force and vested in the divisional justices under the said Acts of the thirty-fifth and thirty-sixth year of his Majesty’s reign, shall from and after the passing of this Act, in every case relating to the business of a pawnbroker, be vested in the said divisional justices to be appointed by virtue of this Act, in their respective divisions from time to time.
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[Ss. 71, 72 rep. 35 & 36 Vict. c. 97. (S.L.R.); ss. 73, 74 rep. 5 Geo. 4. c. 102. s. 20.]
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Penalty on forging licences.
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75. And . . . that if any person shall forge or counterfeit or cause or procure to be forged or counterfeited any licence of the said divisional justices or superintendent magistrate or of any of them, or shall hawk about, sell or expose to sale any goods, wares, or merchandizes before mentioned, with any such forged or counterfeited licence, knowing the same to be forged or counterfeited, every such person on being convicted thereof shall forfeit the sum of fifty pounds; and for want of sufficient goods to satisfy the said penalty, such offender shall be committed to the common gaol or house of correction for any time not exceeding twelve, or less than six months, at the discretion of the justice or justices before whom such offender shall be so convicted.
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[Ss. 76–90, 94–117 rep. 35 & 36 Vict. c. 97. (S.L.R.) ; ss. 91–93 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
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Trials, &c. for offences, where to be held.
Recovery and application of penalties.
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[118.1
] And . . . that in all cases not herein otherwise particularly directed, all trials and convictions for any offences or offence against this Act which shall be committed within the police district of Dublin metropolis shall be had and made respectively in the offices of the divisions in which they shall respectively be committed, before not less than two of the said divisional justices in said divisions respectively; and where any such offence shall be committed without the said district the trial and conviction for such offence shall be had and made before any justice of the peace; and in every of the said cases, whether the offence shall be committed within or without the said police district, the fines, penalties, and forfeitures thereon respectively payable shall, if not forthwith paid, be levied by distress and sale of the offender’s goods, by warrant under the hands and seals of the said justices or justice before whom such conviction shall be made respectively; and all fines, penalties, and forfeitures payable under this Act shall in all cases not otherwise particularly directed, where the same shall be at the prosecution of an informer, be paid, after deducting the necessary costs of recovering the same, in whatever mode the same shall be, one moiety to the receiver of the said publick offices, and the other moiety to the informer or person who shall sue for the same; and that all fees, and also all fines, penalties, and forfeitures payable under this Act, other than such as last before mentioned, shall be paid to the said receiver; and all sums so paid to the said receiver shall go to and constitute part of the fund applicable to the support and establishment of the police of the said police district of Dublin metropolis.
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Informer to be competent witness.
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119. And . . . that in all cases of complaints or informations under this Act for any offence for which any fine or pecuniary penalty is to be imposed, the informer or prosecutor shall be admitted a competent witness to prove the offence; and his testimony, if believed, shall be sufficient for that purpose without any other evidence.
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No conviction, &c. to be removed by certiorari, &c.
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120. And . . . that no conviction to be had before any divisional justice or justices to be appointed under this Act, or any affirmation or reversal thereof upon appeal, shall be removed by certiorari or otherwise into any of his Majesty’s superior courts.
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[S. 121 rep. 35 & 36 Vict. c. 97. (S.L.R.)]
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Persons distraining, &c. not to be deemed trespassers ab initio in case of irregularity.
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122. And . . . that where any distress shall be made, or any person or persons apprehended by virtue of this Act, the taking of such person or persons or of such distress shall not be deemed unlawful, nor the party or parties taking the same be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards committed by the party taking such person or persons or distress; but the person or persons aggrieved by such irregularity may recover satisfaction for the special damage only by action on the case.
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Reputation to be sufficient evidence of officers authority.
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123. And . . . that if it shall become necessary to prove the power, office, authority, or appointment of any of the divisional justices or constables, or of the receiver, or of any other officer or person appointed or acting under or by virtue of this Act as aforesaid, it shall in all cases be sufficient, to all intents and purposes, to prove that such person or persons at the time in question was or were commonly known or reputed to hold such office or situation respectively; and it shall not in any such case be necessary to produce or prove any appointment or qualification whatsoever of such person or persons.
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Penalty on persons taking or suborning others to take false oaths.
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124. And . . . that if any person or persons who shall take any oath in pursuance of this Act shall wilfully swear falsely therein, and shall be thereof lawfully convicted by verdict or confession, any such person so offending shall for any such offence incur and suffer such penalties, pains, and disabilities as persons convicted of wilful and corrupt perjury are or shall be liable to by any law then in force in Ireland; and if any person or persons shall procure or suborn any other person to take such false oath, and shall be thereof convicted by verdict or confession (whether the person having taken such false oath shall be previously convicted or not), any such person so procuring or suborning shall for every such offence incur and suffer such penalties, forfeitures, pains, and disabilities as persons convicted of subornation of perjury are or shall be liable to by any law then in force in Ireland.
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[Ss. 125, 126, 128 rep. 35 & 36 Vict. c. 97. (S.L.R.); s. 127 rep. 50 & 51 Vict. c. 59. (S.L.R.)]
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[1 So much as directs or requires that in the cases mentioned in this section there shall be two divisional justices, rep. 5 Geo. 4. c. 102. s. 6.] |
