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DUBLIN POLICE ACT 1836
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CHAPTER XXIX.
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An Act for improving the Police in the District of Dublin Metropolis.[1]
[4th July 1836.]
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[Preamble.]
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Lord lieutenant may establish a new police office, and appoint two persons as justices for the police district of Dublin metropolis constituted by 48 Geo. 3. c. 140.
Justices need not have any qualification by estate.
Justices not to act at quarter sessions, &c.
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[1.] It shall be lawful for the lord lieutenant to cause a new police office to be established in the city of Dublin, and by warrant under his hand and seal to appoint two fit persons as justices of the peace for and of the police district of Dublin metropolis, as the same is constituted and defined in and by an Act made in the forty-eighth year of the reign of his late Majesty King George tlie Third, intituled “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, and for and of the counties of Dublin, Wicklow, Kildare, and Meath,” and of all liberties therein, to execute the duties of a justice of the peace at the said office, and in all parts of those several counties, and the liberties therein, and of said district, together with such other duties as shall be herein-after specified, or as shall be from time to time directed by the chief secretary, or in his absence by the under secretary for the time being, for the more efficient administration of the police within the said limits; and it shall be lawful for the said lord lieutenant to remove either of the said justices, if he shall see occasion so to do, and upon any vacancy in the said office by death, removal, or otherwise, to appoint another fit person as a justice of the peace of the said district, counties, and liberties, to execute the duties aforesaid, in lieu of the person making such vacancy; and it shall be lawful so to appoint any person to be a justice of the peace by virtue of this Act, and for such person, during the continuance of his appointment, to execute the duties of a justice of the peace for the said district and counties and liberties, although he may not have any such qualification by estate as is required by law in the case of any other person being a justice of the peace for any county: Provided always, that no such person shall act as a justice of the peace at any court of general or quarter sessions, nor in any matter out of sessions, except for the preservation of the peace, the prevention of crimes, the detection and committal of offenders, and in carrying into execution the purposes of this Act.
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Oath to be taken by the justices.
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2. Every person to be appointed a justice of the peace by virtue of this Act shall, before he shall begin to execute the duties of his office, take the following oath before some justice or baron of one of his Majesty’s courts of record at Dublin; (that is to say,)
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‘I A.B. do swear, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute all the powers and duties of a justice of the peace under and by virtue of an Act passed in the sixth year of the reign of King William the Fourth, intituled “An Act for improving the police in the district of Dublin metropolis.”’
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[S. 3 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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A police force for the whole district to be appointed, &c.
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4. A sufficient number of fit and able men shall from time to time, by the directions of the chief secretary or in his absence of the under secretary for the time being, be appointed as a police force for the whole of such district, who shall be sworn in by one of the said justices to act as constables for preserving the peace, and preventing robberies and other felonies, and apprehending offenders against the peace; and the men so sworn shall, not only within the said district, but also within the counties of Dublin, Wicklow, Kildare, and Meath, and within all liberties therein, have all such powers, authorities, privileges, and advantages, and be liable to all such duties and responsibilities, as any constable duly appointed now has or hereafter may have within his constablewick by virtue of the common law of this realm, or of any statutes made or to be made, and shall obey all such lawful commands as they may from time to time receive from any of the said justices for conducting themselves in the execution of their office.
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Justices may make regulations for the management of the police force.
Policemen may be suspended or dismissed by the justices.
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5. The said justices may from time to time, subject to the approbation of the lord lieutenant, frame such orders and regulations as they shall deem expedient, relative to the general government of the men to be appointed members of the police force under this Act, the places of their residence, the classification, rank, and particular service of the several members, their distribution and inspection, the description of arms, accoutrements, and other necessaries to be furnished to them, and which of them shall be provided with horses for the performance of their duty, and all such other orders and regulations relative to the said police force as the said justices shall from time to time deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties; and the said justices may at any time suspend or dismiss from his employment any man belonging to the said police force whom they shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same; and when any man shall be so dismissed, or cease to belong to the said police force, all powers vested in him as a constable by virtue of this Act shall immediately cease and determine.
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Penalty on publicans, &c. harbouring policemen during the hours of duty.
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6. If any victualler or keeper of any house, shop, room, or other place for the sale of any liquors, whether spirituous or otherwise, shall knowingly harbour or entertain any man belonging to the said police force, or permit such man to abide or remain in his house, shop, room, or other place during any part of the time appointed for his being on duty, every such victualler or keeper as aforesaid, being convicted thereof before any two justices of the peace, shall for every such offence forfeit and pay such sum not exceeding five pounds as they shall think meet.
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Powers of policemen.
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7. It shall be lawful for any man belonging to the said police force, during the time of his being on duty, to apprehend all loose, idle, and disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of any evil designs, and all persons whom he shall find between sunset and the hour of eight in the forenoon lying in any highway, yard, or other place, or loitering therein, and not giving a satisfactory account of themselves, and to deliver any person so apprehended into the custody of the constable appointed under this Act, who shall be in attendance at the nearest watch-house, in order that such person may be secured until he can be brought before a justice of the peace, to be dealt with according to law, or may give bail for his appearance before a justice of the peace, if the constable shall deem it prudent to take bail, in the manner herein-after mentioned.
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Night constables may take bail for appearance of parties before a justice, &c.
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8. Where any person charged with any petty misdemeanour shall be brought, without the warrant of a justice of the peace, into the custody of any constable appointed under this Act, during his attendance in the night-time at any watch-house within the said police district of Dublin metropolis, it shall be lawful for such constable, if he shall deem it prudent, to take bail by recognizance, without any fee or reward, from such person, conditioned that such person shall appear for examination before a justice of the peace at some place to be specified in the recognizance, at the hour of ten in the forenoon next after such recognizance shall be taken, unless that hour shall fall on a Sunday, or on Christmas Day or Good Friday, and in that case at the like hour on the succeeding day; and every recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for the estreating thereof, as if the same had been taken before a justice of the peace; and the constable shall enter in a book to be kept for that purpose in every watch-house the names, residence, and occupation of the party, and his surety or sureties, if any, entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, and shall lay the same before such justice as shall be present at the time and place when and where the party is required to appear; and if the party does not appear at the time and place required, or within one hour after, the justice shall cause a record of the recognizance to be drawn up, to be signed by the constable, and shall return the same to the next general of quarter sessions of the peace for the city of Dublin or for the county of Dublin respectively, as the case may require, in which the offence charged should be brought to trial, with a certificate at the back thereof, signed by such justice, that the party has not complied with the obligation therein contained; and the clerk of the peace shall make the like estreats and schedules of every such recognizance as of recognizances forfeited in the sessions of the peace; and if the party not appearing shall apply, by any person on his behalf, to postpone the hearing of the charge against him, and the justice shall think fit to consent thereto, the justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint; and when the matter shall be heard and determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof at the sessions, or otherwise, the recognizance for the appearance of the party before a justice shall be discharged without fee or reward.
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Punishment of assaults on policemen.
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9. If any person shall assault or resist any person belonging to the said police force in the execution of his duty, or shall aid or incite any person so to assault or resist, every such offender, being convicted thereof before two justices of the peace, shall for every such offence forfeit and pay such sum not exceeding five pounds as the said justices shall think meet.
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Treasury may appoint a person to be the receiver of all money applicable to the purposes of this Act.
The money to be placed in the Bank of Ireland, and drawn out by the receiver.
Receiver’s drafts to be countersigned.
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10. It shall be lawful for the Treasury, either to order and direct the receiver to be appointed under an Act passed or to be passed in this present Parliament to consolidate and amend the laws relating to the constabulary force in Ireland, or to appoint such other person as they may think proper, to receive all sums of money applicable to the purposes of this Act, and to revoke such order and direction, or remove any such receiver, if he or they shall see occasion so to do, and upon any vacancy in that office by death, removal, or otherwise, to appoint another person to be such receiver; . . . and the receiver for the time being shall receive all sums of money applicable to the purposes of this Act, and shall keep an exact and particular account thereof, and shall immediately pay all monies, bills, and notes by him received under this Act into the hands of the governor and company of the Bank of Ireland; and the same shall be placed to an account in the books of the said governor and company, which shall be intituled “The Account of the Public Monies of the Receiver for the Metropolitan Police District,” inserting the name of the receiver for the time being; and the said receiver shall draw out of the Bank from time to time such sums of money as may be necessary for the payment of the salaries, wages, and allowances to be paid as herein-after mentioned, to the persons belonging to the police force appointed under this Act, and also for the payment of all other charges and expenses in carrying this Act into execution; and the said receiver shall be governed, in respect of his pecuniary transactions, whether of receipt or payment, and in respect of the periods in and for which he shall deliver his accounts, accompanied by the proper vouchers, and as to the manner in which such accounts shall be kept, and prepared and exhibited for audit, by such rules and regulations as shall be issued in that respect from time to time by the Treasury; and every draft or order for money on the Bank of Ireland, drawn by the receiver, shall be countersigned by one of the justices appointed under this Act; and all drafts and orders so drawn and countersigned, but not otherwise, shall be a sufficient authority to the Bank to pay the amount thereof to the persons named in them, or to the bearers of them.
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Receiver shall make out accounts which shall be audited, &c.
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11. The receiver shall account for the due application of all monies so to be drawn by him out of the Bank of Ireland, and shall once in every six months, and oftener if required by the Treasury, or by the chief secretary, or in his absence by the under secretary, make out and sign a full and particular account of all monies which shall have been received by him under this Act, and how much thereof hath been paid by him, and for what purposes, together with proper vouchers for the receipts and payments; and such accounts shall be delivered for the purpose of being examined and audited, either to the commissioners for auditing the public accounts of this kingdom, or to such other person or persons as the Treasury shall from time to time direct; and the said receiver shall be subject to the same regulations and penalties in that respect as any public accountant.
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Receiver to pay the salaries and wages, &c. of the police under the directions of the chief or under secretary;
as also rewards for activity, and compensation and superannuation allowances, &c.,
and salaries of justices, &c.
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12. The receiver, out of the monies so received by him, shall from time to time pay to the persons belonging to the police force appointed under this Act such salaries, wages, and allowances, and at such periods, as the chief secretary, or in his absence, the under secretary, shall direct, and also any extraordinary expenses which they shall appear to have necessarily incurred in apprehending offenders and executing the orders of either of the justices appointed under this Act, such expenses being first examined and approved of by one of the said justices; and the receiver shall likewise pay any further sums which such chief or under secretary shall direct to be paid to any of the persons belonging to the said police force, as a reward for extraordinary diligence or exertion, or as a compensation for wounds or severe injuries received in the performance of their duty, or as an allowance to such of them as shall be disabled by bodily injury received, or shall be worn out by length of service; and he shall also pay all other salaries, charges, and expenses which such chief or under secretary shall direct to be paid for carrying this Act into execution, and all salaries and allowances payable to the divisional justices and other persons under the said recited Act of the forty-eighth year of the reign of his late Majesty, or any Act passed for the amendment thereof, which shall not cease or determine pursuant to the provisions or by the operation of this Act.
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Upon the death or removal of a receiver the balance of cash at the bank shall be transferred to his successor, &c.
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13. Upon the death, resignation, or removal of any receiver appointed under this Act, the balance of cash for which he shall at that time have credit on his account as receiver with the Bank of Ireland, shall, as soon as a successor shall be appointed to the office of receiver, actually vest in such successor, and shall be immediately transferred to the account of such successor, to be applied for the purposes of this Act; and the receiver for the time being is hereby required to issue his drafts or orders, countersigned as aforesaid, for all unsatisfied charges and demands payable out of the monies in the Bank, although the same shall have accrued in the time of any former receiver.
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Upon the removal of the receiver his successor may sue for any balance remaining in his hands.
Special bail.
Court may refer the accounts to an officer or arbitrator.
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14. If any person, having resigned or having been removed from the office of receiver, shall neglect, within twenty-one days after notice for such purpose, to account for and pay to any succeeding receiver all such sums of money as shall remain in his hands applicable to the purposes of this Act, it shall be lawful for the receiver for the time being, in his own proper name only, or by his name and description of office, to sue for and recover the same from such person, with double costs of suit [Rep., 5 & 6 Vict. c. 97. s. 2.], in any of his Majesty’s courts of record at Dublin, by action of debt, in which action it shall be sufficient for such receiver to declare as for money had and received to the use of such receiver for the purposes of this Act; and the defendant in the action may, at the discretion of any judge of such court, be held to special bail in such competent sum as the judge shall order; and the court in which the action shall be brought may, at the instance of either of the parties, refer the account in dispute in a summary manner to be audited by any officer of the court or other fit person, who may examine both plaintiff and defendant upon oath (which oath the said referee shall have power to administer); and upon the report of such referee, unless either of the parties shall show good cause to the contrary, the court may make a rule, either for the payment of such sum as upon the report shall appear to be due, or for staying the proceedings in the action, and upon such terms and conditions as to the court shall appear reasonable; or the court may order judgment to be entered up by confession for such sum as upon the report shall appear to be due.
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Mode of proceeding against the representatives of a deceased receiver.
Proof of the receiver’s official character in proceedings under this Act.
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15. In case of the death of any person during the time that he shall be holding the office of receiver, or after he shall have resigned or been removed from such office, the receiver for the time being may, in his own proper name only, or by his name and description of office, sue for and recover from the executors or administrators of such person deceased all such sums of money as shall have been remaining in his hands applicable to the purposes of this Act, by an action of debt in any of his Majesty’s courts of record at Dublin; in which action it will be sufficient for the plaintiff to declare that the deceased was indebted to the plaintiff for money had and received to his use for the purposes of this Act, or that the deceased died possessed of money had and received for the purposes of this Act, whereby an action hath accrued to the plaintiff to demand and have the same from such executors or administrators; and the like action may be brought against any executors or administrators of executors or administrators; and in all such actions the defendant or defendants may plead in like manner, and avail themselves of the like matters in defence, as in any action founded upon simple contracts of the original testator or intestate; and the court may refer the account in dispute to be audited by any officer or person, and may proceed upon the report of such referee, in like manner as is hereinbefore mentioned; and in all actions to be brought, as well as in all proceedings whatsoever to be instituted or carried on, by any receiver by virtue of this Act, proof of his acting in the execution of the office of receiver shall be sufficient evidence of his holding such office, unless the contrary shall be shown in evidence by the defendants in such actions, or the parties against whom such proceedings shall be instituted or carried on.
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Receiver shall contract for any land or buildings that may be required.
Property acquired under this Act to be vested in him, &c.
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16. The receiver for the time being shall make all such contracts and disbursements as shall be necessary for purchasing or renting any land or buildings, or for erecting, fitting up, furnishing, or repairing any buildings for the purposes of this Act, in such manner as the chief secretary, or, in his absence, the under secretary, shall direct, subject nevertheless to such regulations as the Treasury shall from time to time think fit to establish in respect of all such contracts and disbursements; and of all lands and buildings so to be purchased or rented, and of the fixtures and furniture thereof, and of all goods and chattels whatsoever to be from time to time held or purchased for the purposes of this Act, the property acquired therein shall be vested in the receiver for the time being, in whom also shall be vested the property of all watch-houses, watch-boxes, arms, accoutrements, and other necessaries to be given up as herein-after mentioned; and the receiver for the time being may, by the directions of such chief or under secretary, sell, assign, or dispose of the whole or any part of any such property as aforesaid, and shall execute all such lawful matters for carrying this Act into execution as such chief or under secretary shall from time to time direct.
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Corporations and others may sell or demise land to the receiver.
In case of disagreement, &c. value shall be assessed by a jury.
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17. It shall be lawful for all bodies corporate, and also for all commissioners or trustees for public purposes, and for tenants for life or in tail, and for the husbands, guardians, trustees, committees, or attornies of such of the proprietors or persons interested in any lands or buildings required for the purposes of this Act as shall by reason of any legal disability or of absence beyond the seas be incapable of acting for themselves, to contract and agree with the receiver for the time being, either for the absolute sale of such lands or buildings, or for a lease thereof for such period as the receiver shall require, and to convey, demise, or grant the same to the receiver in trust for the purposes of this Act; and all such contracts, sales, conveyances, leases, and grants shall be valid and effectual in law to all intents and purposes; and in case any body corporate, commissioners, trustees, or other persons hereby authorized to contract on behalf of themselves or others as aforesaid, shall neglect or refuse to agree with, or by reason of disability or absence shall be prevented from agreeing with, the receiver for the sale or lease of any land or buildings required by him, or in case the proprietors or persons interested therein cannot be found or known, or shall not produce and evince a clear title to the land or buildings so to be purchased or rented, or to the interest they shall claim therein, to the satisfaction of the receiver, in every such case all the powers now by law vested in the commissioners for making wide and convenient streets and passages in the city of Dublin, and all provisions made by any Act or Acts relating to such commissioners, and now in force with regard to the valuation of estates and interest by a jury, the conclusive effect of the verdict of the jury, and all matters preparatory to, concomitant with, and consequent or contingent upon the valuation by a jury, shall, so far as the same are or can be applicable, be applied and extended to the valuation of any land or buildings required for the purposes of this Act, in as full and amplė a manner, to all intents and purposes, as if those provisions had been repeated and expressly re-enacted in this Act; and all such matters as by those provisions are authorized or required to be done by such commissioners, or any number of them, shall under this Act be done by the receiver for the time being.
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[S. 18 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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No justice, &c. under this Act to sit in Parliament.
No justice, receiver, policeman, &c. under this Act to vote, &c. at certain parliamentary elections.
Penalty, 100l.
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19. No justice of the peace or receiver appointed by virtue of this Act shall, during the continuance of such appointment, be capable of being elected or of sitting as a member of the House of Commons; and no justice, receiver, or person belonging to the police force appointed by virtue of this Act shall, during the time that he shall continue in any such office, or within six calendar 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 counties of Dublin, Wicklow, Kildare, or Meath, or for the county of the city of Dublin, or for any city or borough within the said police district, 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 the choice of any person to be a member to serve in Parliament for any such county, city, or borough; and if any such justice, receiver, or person belonging to the police force shall offend therein, he shall forfeit the sum of one hundred pounds, to be recovered by any person who will sue for the same, by action of debt, to be commenced within six calendar months after the commission of the offence; and one moiety of the sum so recovered shall be paid to the informer, and the other moiety thereof to the receiver appointed under this Act, to be by him added to and applied as part of the funds for the purposes of the police under this Act: Provided always, that nothing in this enactment contained shall subject any such justice, receiver, or person belonging to the police force, to any penalty for any act done by him at or concerning any of the said elections in the discharge of his official duty.
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[S. 20 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Power to set up watch-boxes.
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21. The justices appointed under this Act, subject to the approbation of the chief secretary or under secretary for the time being, may order such a number of watchboxes as they shall from time to time think fit to be placed or fixed in such parts of the highways, in any of the parishes and places within the metropolitan police district, as the said justices shall deem most convenient.
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No constable to be a menial servant, &c.
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22. No person so appointed a constable shall be or act as a domestic or menial servant to any person whatsoever; and any of the said justices, receiver, or any other officer or clerk who shall retain or employ any constable as a domestic or menial servant, shall for every such offence forfeit and pay the sum of one hundred pounds, to be recovered by civil bill in the court of the recorder of the city of Dublin.
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No brewer, &c. to hold any police office.
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23. No person using or exercising the trade or business of a brewer or distiller, or dealer in wine by retail to licensed public houses, or being a partner of such; no person who shall have a license or licenses to sell malt liquors or spirituous liquors, or who shall in any manner be engaged as a seller thereof; no victualler nor person keeping a public house; shall be capable of holding any office or situation whatsoever under this Act.
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[Ss. 24–29 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Monies payable to receiver under 48 Geo. 3. c. 140. shall be paid to receiver under this Act.
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30. . . . all carriage rates, carriage duties, carriage rents, license duties, fines, fees, and all other monies whatsoever, payable to or receivable by the receiver appointed under the said recited Act of the forty-eighth year of the reign of his late Majesty King George the Third, shall, from and after the appointment of a receiver under this Act, be paid to and received by such receiver appointed under this Act, to be by him applied to and for the purposes of this Act.
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[S. 31 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Divisional justices heretofore appointed under 5 Geo. 4. c. 102. shall be hereafter appointed by lord lieutenant, &c.
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32. All the divisional justices within the police district of Dublin metropolis who may now be appointed by the assembly of the corporation of the said city, pursuant to the provisions of an Act made in the fifth year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend an Act of the forty-eighth year of the reign of his late Majesty, for the more effectual administration of the office of a justice of the peace, and for more effectual prevention of felonies within the district of Dublin metropolis,” shall hereafter be appointed by the lord lieutenant; and it shall not any longer be requisite that any of the said divisional justices shall be an alderman of the city of Dublin or sheriff’s peer, or member of the common council of the said city.
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Accounts to be laid before Parliament annually.
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33. An account of all monies received and expended for the purposes of this Act, made up to the thirty-first day of December in each year, shall annually be laid before both Houses of Parliament within thirty days thereafter, if Parliament be then sitting, or within thirty days after the first meeting of Parliament subsequent to the thirty-first of December; and such accounts shall specify the total sum received for every tax, rate, rent, duty, or other charge for the purposes of this Act; and such account shall also specify the different heads of expenditure for the purposes of the police, and the amount actually expended under each.
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[S. 34 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Rights, powers, &c. of divisional justices to continue so far as not altered by this Act.
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35. In all cases not altered or otherwise ordained or directed by this Act, all and every the rights, powers, privileges, jurisdictions, and authorities whatsoever, now vested in the said divisional justices under any Act or Acts of Parliament not hereby repealed, and all and every other matter or thing whatsoever which the said divisional justices are by any law now in force required, directed, or empowered to do or execute, save and except in the cases aforesaid, shall and may from and after the passing of this Act be respectively vested in and exercised, done and executed by the said divisional justices; and all and every act, matter, or thing so done or executed, shall thereupon be of the same force, validity, and effect, to all intents and purposes whatsoever, as if this Act had not been passed.
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Constables, &c. under this Act invested with same powers as similar officers under 48 Geo. 3. c. 140.
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36. All chief constables, constables, patrols, watchmen, and collectors appointed under this Act shall, to all intents and purposes, have and exercise the several powers, authorities, and privileges respectively given to or vested in the chief constables, constables, patrols, watchmen, and collectors appointed under the said Act of the forty-eighth year of the reign of his late Majesty King George the Third, by the said Act, or by any other statute or law now in force, except where the contrary is directed by this Act, or where the same would be repugnant to or inconsistent with any provision herein contained.
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Limitation of time.
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37. . . . the prosecution for any offence punishable upon summary conviction by virtue of this Act shall be commenced within three calendar months after the commission of the offence, and not otherwise.
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Application of penalties.
Persons paying police rate may act as justices.
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38. Every sum which by any justices of the peace shall be adjudged to be paid for any offence against this Act, shall be paid to the receiver appointed under this Act, to be by him added to and applied as part of the funds for the purposes of the police under this Act; . . . and no justice of the peace shall be disabled from acting in the execution of this Act by reason of his being liable to the payment of any money for the maintenance of the police under this Act.
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[Ss. 39, 40 virt. rep. by 5 & 6 Vict. c. 24. ss. 49, 71, 72.]
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Proceedings not to be quashed for want of form, &c.
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41. No conviction, order, warrant, or other matter, made or purporting to be made by virtue of this Act, shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty’s courts of record at Dublin; and no warrant of commitment shall be held void by reason of any defect therein, provided that it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same; and where any distress shall be made for levying any money by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto; nor shall the party distraining be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for the special damage, if any, in an action upon the case.
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Venue, &c. in proceedings against persons acting under this Act.
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42. All actions and prosecutions to be commenced against any person for any thing done in pursuance of this Act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if . . . judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon.
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48 Geo. 3. c. 140. s. 90. repealed in part.
Monies presented for houses of correction of Dublin police district shall be paid, &c. by treasurer as other monies presented are paid, &c.
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43. So much of the said Act of the forty-eighth year of the reign of his late Majesty King George the Third as enacts that the sums presented by the term grand jury of the county of the city of Dublin, for the houses of correction within the said police district of Dublin metropolis, and for necessaries therein, and for salaries to the keepers thereof, shall be paid over by the treasurer of the county of the city of Dublin to the receiver appointed under the said Act, shall be and the same is hereby repealed; and the monies from time to time presented and raised for the aforesaid purposes, or any of them, shall, until Parliament shall otherwise provide, be paid, expended, and accounted for by said treasurer, in like manner and under the like regulations as any other monies presented by said grand jury, and paid, disbursed, and accounted for by such treasurer; and the securities of such treasurer shall be security for the payment, expenditure, and accounting for all such sums.
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Oath to be taken by persons appointed under this Act.
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44. Every person appointed under this Act shall, before he shall do any act in his said office, take and subscribe the oath following; that is to say,
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‘I A.B. do swear, that I will well and truly serve our sovereign lord the King in the office of [as the case may be], without favour or affection, malice or ill-will; that I will see and cause his Majesty’s peace to be kept and preserved; and that I will prevent to the best of my power all offences against the same; that, while I shall continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law; and that I do not now belong to, and that, while I shall hold the said office, I will not join or belong to, any political society whatsoever, or any secret society whatsoever, unless the society of Freemasons. So help me GOD.’ And the said oath shall be administered to the justices to be appointed under this Act at the same time, and by the same persons, with the oaths to be by them taken; and the said oath shall be administered to all constables so appointed by one of the said justices, and shall in all cases be subscribed by the person taking the same: . . .
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[Ss. 45, 46 rep. 37 & 38 Vict. c. 35. (S.L.R.). S. 47 rep. 51 & 52 Vict. c. 57. (S.L.R.)]
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[1 Short title “The Dublin Police Act, 1836.” See Short Titles Act, 1892.] |
