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SUMMARY JURISDICTION (IRELAND) ACT 1851
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CHAPTER XCII.
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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.[1]
[7th August 1851.]
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[Preamble.]
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Justices may decide cases under this Act on evidence of witnesses or confession, &c
14 & 15 Vict. c. 93.
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1. It shall be lawful for any justice or justices sitting in petty sessions, (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, expences, and sums, or to make such other order relating to each 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 (Ireland) Act 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.
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[Ss. 2–5 rep. 24 & 25 Vict. c. 95. s. 1.]
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Criminal Jurisdiction.
Stealing by juvenile offenders.
Any person not exceeding fourteen years of age committing larceny shall be fined or imprisoned;
and, if a male, may be whipped.
If offence be not proved, &c. justice may dismiss the person with or without sureties for good behaviour.
Restitution and compensation.
If the charge is thought fit for indictment, &c. case to be dealt with as such.
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6. 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 herein-after specified:
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1. Any such person who shall commit, or attempt to 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 larcency, 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:
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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:
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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:
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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 circumstance 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.
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Frauds as to provisions.
Offering adulterated corn, &c. for sale.
Offering unwholesome or fraudulently prepared meat, &c. for sale.
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7. Any person who shall commit any of the next following offences shall be liable to the punishment herein-after specified in each ease:
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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, 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 all 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:
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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 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 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:
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And it shall be lawful for any justice to seize 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.
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Trespass of persons.
Trespass on fields, &c.
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8. 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:
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1. Any person who shall wilfully trespass in any field, garden, pleasure ground, wood, plantation, or other place, 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:
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2. Any person who shall again trespass in any such place within three months from the time when any such warning shall have been so given to him:
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Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to go into or upon any such place, nor to any trespass (not being wilful or malicious) committed in hunting, fishing, or the pursuit of game; but nothing herein contained shall prevent any person from maintaining any civil action or suit for any such trespass, instead of proceeding under this Act.
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Injuries to public roads.
Omitting to scour ditches after notice, or to have drains under passages in and out of roads.
Building houses within 30 feet of the centre of the road.
Deepening ditches or altering fences, &c. without consent of county surveyor.
Scraping roads, &c. without consent of county surveyor.
Drawing timber, &c. so as injure road.
Riding on footpaths.
Taking materials to the injury of any road, &c.
Destroying any pay gate, &c.;
or rescuing person in custody for such offences.
Assaulting engineers, surveyors, or contractors on public roads, &c.
Justices may forbid the using of a new road for a certain time after making thereof, &c.
County surveyor or contractor may require owners of land to remove obstructions, &c.
and to prune hedges or trees injuring roads.
Owners not complying to be summoned before justices at petty sessions;
who may order obstructions to be removed, &c.;
and on refusal of owner, the surveyor or contractor may do it at expense of owner.
Expenses may be levied by distress and sale.
Trees, &c. to be cut or pruned only at certain seasons.
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9. Any person who shall commit any of the next following offences on or relating to any public road shall be liable to the punishment herein-after specified in each case:
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1. Any owner or occupier of any lands contiguous to any public road who sball omit to scour any ditch or drain leading from such road, so as to allow the water to pass away, within ten days after notice shall have been given to him so to do by the county surveyor or by the contractor for the repair of such road, or who shall suffer the passage of the water to be obstructed by making or leaving any way or passage from any road into the adjoining lands, or into his house, without a sufficient pipe, sewer, or gullet underneath it, shall be liable to a fine not exceeding twenty shillings:
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2. Any person who shall build or cause to be built any house or part of a house within thirty feet of the centre of any public road, except in the streets of corporate or market towns, or where a house now stands, shall be liable to a fine not exceeding ten pounds, and to a further sum of ten shillings a week from the time of his conviction until the same shall be pulled down or removed:
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3. Any person who shall scour, deepen, widen, or fill up any ditch or drain on the side of any public road, or who shall alter the fences of any public road; or who shall build any wall, or make any ditch, drain, or watercourse, or dig any pit or hollow, on any public road, or within thirty feet of the centre thereof (save upon or within any ancient fence adjoining such road); or who shall otherwise break up the surface of any read or footpath, unless with the consent of the county surveyor, or by the authority of any presentment, shall be liable to a fine not exceeding twenty shillings (and the centre of the road for the purposes of this Act, shall be deemed to be the centre of the part thereof made with gravel or stones):
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4. Any person who shall, without the consent of such surveyor or contractor, scrape any public road . . . or who shall draw any timber or stones along any part of a public road, without being supported by wheels from touching the same, or who shall ride or drive any horse or other animal, willingly and unnecessarily, on any footpath, shall be liable to a fine not exceeding twenty shillings:
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5. Any county surveyor or road contractor, or other person, who shall dig, raise, and carry away any gravel, stones, sand, or other materials from the side of any public road, or from any beach or sea-shore, whereby a public road, or bulwark or defence to any bridge or like building, or any land within the fences of any such road, may be injured, shall be liable to a fine not exceeding five shillings for every cartload of such gravel, stones, sand, or other materials so dug, raised, or carried away:
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6. Any person who shall wilfully damage or destroy any pay gate . . . , or any post, rail, wall, chain, bar or other fence of any kind whatsoever, which shall be used to prevent passengers from passing by without paying the toll payable by virtue of any Act of Parliament, or any toll house for the use of any such pay gate . . . , or who shall forcibly rescue or attempt to rescue any person or persons, being lawfully in custody of any constable or other person for any such offences, shall be liable to a fine not exceeding forty shillings, or to be imprisoned for any term not exceeding two months:
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7. Any person who shall wilfully prevent or assault, or threaten to prevent or assault, any county surveyor or road contractor in the execution of his duty, or any person or persons employed by proper authority in surveying or measuring or laying out any line intended for a new road; or who shall wilfully destroy, pull up, deface, or injure any surveyors instruments or implements used in making or laying out any public road, or any milestone, milepost, or direction post, or any bridge, battlement, wall, railing, mound, or fence belonging to any public road; or who shall wilfully break, deface, pull down, or take away stones out of any such battlement, wall, mound, or fence, or out of any bridge, pipe, arch, or gullet belonging to any public road, shall be liable to a fine not exceeding ten pounds, or to be imprisoned for a term not exceeding three months:
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8. It shall be lawful for any two justices of the county, upon application of the county surveyor, to forbid any person or persons from riding or driving any kind of beast or carriage on any new road for such space of time as shall to them appear necessary, not exceeding six months after such new road shall have been made, and the expenditure thereon duly accounted for at special sessions; and any person who shall wilfully disobey such order (the same being duly notified by a notice affixed to a board or boards erected upon such road) shall be liable to a fine not exceeding twenty shillings.
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And if the county surveyor or the contractor for the repairing of any public road in any county shall think that such road is prejudiced by any of such neglects or offences as aforesaid, or by the shade of any hedges or trees, (except those planted for ornament or shelter of any dwelling house, courtyard, or garden,) or that any obstruction is caused in any public road by any hedge or tree, it shall be lawful for such surveyor or contractor, by notice in writing, to require the person who shall be guilty of any such neglect or offence, or the owner of the land on which such hedges or trees are growing, as the case may be, to fill up any ditch or drain which shall have been so scoured, deepened, or widened, or to scour any drains which have been so filled on the side of any public road without the consent of the said county surveyor or the authority of a presentment, or to scour or deepen any drain or ditch leading from any road which shall be omitted to be scoured or deepened after due notice by such surveyor or contractor, or to remove any way or passage from any road into any adjoining land or to any house which may obstruct the free passage of the water, or to remake the same by building a gutter, sewer, or arch therein, or to pull down any wall or fill up any ditch or drain the building of which shall have been an offence against the provisions of this Act, or to cut or plash such hedges, or to prune or lop such trees, so as that such road may not be prejudiced or obstructed by the same; and if such person or owner shall not comply with such request within ten days after such notice, it shall be lawful for such surveyor or contractor as aforesaid to summon such person or owner before the justices assembled at any petty sessions of such county, to show cause why he has not complied with such request; and upon the hearing of such case it shall be lawful for such justices, if they shall see fit, to order that such person or owner shall act as required by such notice as aforesaid; and if the said person or owner shall not obey such order within ten days after the making of the same, it shall be lawful for such surveyor or contractor, if so directed by the justices, to do all or any of the said acts so required by such notice, for the benefit and improvement of such road, or to remove such obstruction as aforesaid, to the best of his skill and judgment, and at the expence of such person or owner; and it shall be lawful for such justices, upon complaint of such surveyor or contractor as aforesaid, and upon proof of the expences incurred, to issue their warrant for the levy of such expences by distress and sale of the goods and chattels of such person or owner: Provided always, that no person shall be compelled, nor any such surveyor or contractor as aforesaid permitted, to cut or prune any hedge at any other time than between the last day of September and the last day of March.
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Nuisances on public roads.
Turning horse, &c. loose.
Negligence in driving cattle, &c.
Flying kites, &c. or making slides.
Fireworks, &c.
Leaving ploughs, harrows, &c. on the road.
Slaughtering, beasts, &c. on a road.
Laying stones timber, &c.
Further fine for every day that materials are left on road after notice to remove the same.
Scalding casks, beating flax, or winnowing corn, &c.
Keeping dogs unlogged or unmuzzled.
Justices may order dangerous dogs to be killed.
Drying flax or burning bricks or weeds. &c.
Carrying timber, &c. crosswise.
Exposing horses, &c. for show, sale, or hire.
Allowing swine. &c. to wander on roads.
Swine, &c. wandering on roads may be impounded if owner is not known.
Surveyor or contractor not liable to fine, except in certain cases.
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10. Any person who shall commit any of the next following offences shall be liable to the punishment herein-after specified in each case:
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1. Any person who shall in any public road or street of a town turn loose any horse or cattle, or set on or urge any dog or other animal to attack or worry any person, horse, or other animal, or who by negligence or ill usage in driving cattle shall in any public road or any street of a town cause any mischief to be done by such cattle, shall be liable to a fine not exceeding ten shillings:
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2. Any person who shall fly any kite or play at any game, or make or use any slide upon ice or snow, on any public road or in any street of a town, to the danger of the passengers; or who shall cast or throw any fireworks or discharge any firearms on any public road, or within sixty feet of the centre thereof, or in any street or passage of a town, or who shall cast, throw, or discharge the same, or suffer the same to be cast, thrown, or discharged, from out of his house, shop, dwelling, lodging, or habitation, or from out of any place thereto belonging, into any public road, street, or passage, shall be liable to a fine not exceeding ten shillings:
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3. Any person who shall leave or permit to be left on any public road any plough, harrow, cart, or other carriage, without the horse or other animal being harnessed thereto, unless such carriage shall have been accidentally broken down there, shall be liable to a fine not exceeding ten shillings:
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4. Any person who shall slaughter any beast, or leave any dead beast, or skin or permit to be skinned any beast, on any public road or within thirty feet of the centre thereof, (save within any house or inclosed yard,) shall be liable to a fine not exceeding ten shillings:
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5. Any person who shall lay any stones, timber, dirt, dung, turf, straw, rubbish, or scourings of any ditches or drains, or other object, on any public road or within thirty feet of the centre thereof, or in any street of a town, so as to cause danger or mischief to any passengers, and shall allow the same to remain there longer than shall be absolutely necessary, shall be liable to a fine not exceeding ten shillings; and for every cartload of dung, rubbish, scourings, clay, stones, bricks, sand, or lime, or other like materials, which shall have been so laid on any public road or street, and which shall be allowed to remain there for more than twenty-four hours after the owner thereof, shall have been required by any justice or by the county surveyor, by notice in writing, to remove the same, such owner shall, in addition to the above fine for so leaving the same there in the first instance, be also liable to a further fine not exceeding two shillings and sixpence for every day that the same shall be allowed to remain there after the expiration of the said period of twenty-four hours:
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6. Any person who shall hoop, scald, or fire any cask, or bind any car or cart wheels, or beat any flax, or thresh or winnow any corn, on any public road or street of a town, or within thirty feet of the centre thereof, (save within any house or inclosed yard,) shall be liable to a fine not exceeding ten shillings:
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7. Any person who shall keep or suffer to be at large within fifty yards of any public road any dog, without having such dog muzzled, or without having a block of wood fastened to the neck of such dog, of sufficient weight to prevent such dog from being dangerous, shall be liable to a fine not exceeding ten shillings; and it shall be lawful for the justices of the petty sessions district to issue a warrant to any sub-inspector, head or other constable, directing him to seize or kill any dangerous dog which shall be so kept near any public road contrary to the provisions of this Act, and such sub-inspector, head or other constable may accordingly seize or kill any such dog:
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8. Any person who shall dry any flax, or burn any bricks or lime, or any weeds or vegetables for ashes, or make or assist in making any fires commonly called bonfires, or any kind of fire, upon any public road or within sixty feet of the centre thereof, save within any house or inclosed yard,) shall be liable to a fine not exceeding ten shillings:
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9. Any person who shall lead or drive on any public road or street of a town any car or other carriage with timber, boards, or iron laid across, so that either end shall project more than two feet beyond the wheels or sides thereof, shall be liable to a fine not exceeding ten shillings:
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10. Any person who shall expose upon any public road or in any street of a town any horse or other animal for show, hire, or sale, except in any fair or market or other place lawfully appointed for that purpose, shall be liable to a fine not exceeding forty shillings:
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11. Any person who shall allow any swine or other beast to wander upon any public road, or about the streets or passages of any town, shall be liable to a fine not exceeding two shillings; and in case the owner shall not be known, it shall be lawful for any person by whom any such swine or other beast shall be found wandering upon any such road, street, or passage, to impound the same, subject to the provisions herein-after contained as to the impounding of distresses:
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Provided always, that nothing herein contained shall render any county surveyor or road contractor liable to any fine for any act done by such surveyor in the discharge of the duties of his office, or by such contractor in the necessary execution or performance of his contract; but if any such surveyor or contractor shall lay or cause to be laid any heap of stones, gravel, rubbish, or other matter whatever, upon any public road, and allow the same to remain there at night, to the danger or personal damage of any person passing thereon, (all due and reasonable precautions not having been taken by him to prevent any such danger or damage,) such surveyor or contractor shall be liable to a fine not exceeding five pounds.
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Public stage carriages.
Carrying more than a certain number.
Justices, &c. may stop carriages in order to measure seats.
Carrying luggage on the top of any carriage, with inside passengers, exceeding a certain height, &c.
Omitting to paint number of passengers to be conveyed, &c. on the doors, &c. of public carriages.
Misconduct of drivers, &c.
Drivers leaving their horses until a proper person shall stand at their head, or allowing others to drive, &c.
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11. Any of the persons herein-after mentioned who shall commit any of the next following offences on any public road or in any street of a town shall (in addition to any civil action to which he may subject himself) be liable to a fine not exceeding forty shillings:
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1. Any driver, owner, or guard of any coach, omnibus, car, caravan, or other carriage, by what name soever the same is or shall hereafter be called or known, which shall be employed as a public stage carriage for conveying passengers for hire, who shall permit more passengers to be carried by the same than the number for whom seats shall be respectively provided, inside or outside of the same, allowing a space of at least sixteen inches for each passenger, over and above the space allotted to the driver and guard when there is a guard; but no child under seven years of age shall be included in or counted as one of such number; and it shall be lawful for any justice, county inspector, sub-inspector, head or other constable, to stop any such carriage which shall appear to carry a greater number of passengers than the above, and to seats, measure the seats of the same, in order to ascertain whether sufficient space has been allotted to the passengers:
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2. Any driver, owner, or guard of any such public stage carriage, who shall allow any passenger to sit upon the top of any luggage, or upon any part of such carriage not intended to carry passengers, or who shall carry or permit or suffer any parcel or parcels of luggage whatever exceeding two feet in height above the roof to be conveyed on any such carriage carrying inside passengers:
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3. Any person who shall keep and employ any such public stage carriage, and who shall not paint or cause to be painted on the outside of the door, or of each door when there shall be more than one, of such carriage, or on some other conspicuous part of such carriage where there shall be no door, in legible letters of at least one inch in height, and in a different colour from the ground on which the same is painted, and in words at length, the number of passengers which such carriage shall be intended to carry, together with the name or names of the person or persons or firm of the company of proprietors to whom such carriage shall belong, or who shall cause any such carriage as aforesaid to be employed or used for carrying any passengers for hire without having the said words painted in such manner as is herein-before directed:
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4. Any driver or guard of any such public stage carriage who shall wilfully mis-spend or lose time on the road, or who shall use abusive or insulting language to any passengers, or who by reason of intoxication, negligence, or other misconduct, shall endanger the passengers in their lives or their property, or the property of any other person with which they may be intrusted, or who shall demand or exact more than the proper fare due from any passenger; and in any such case the justices may, in addition to the fine, order such offender to repay to any party so aggrieved any sum so exacted, or a reasonable compensation for any damage or loss caused by any such offence:
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5. Any driver of any such public stage carriage who shall (at any place or places where assistance can be procured) quit his horse or horses, or the box of such carriage, until a proper person or persons shall stand at the head of the horse or horses or fore horse or fore horses, or shall hold the reins so as to prevent them from running away; or any such last-mentioned person or persons who shall not remain at their head or hold the reins until the driver has returned to his box; or any driver of any such carriage who shall intrust the reins to any other person to drive such carriage, or any person who shall so take such reins and drive such carriage.
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Carts and cars.
Where names of owners are not painted on carts, &c.
One driver taking charge of more than one cart, &c.
except in certain cases.
Drivers of carts riding thereon without some other person to guide them, &c.
Drivers leaving their carts.
Drivers refusing to tell owners’ names.
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12. Any of the persons herein-after mentioned who shall commit any of the next following offences on any public road, or in any street of a town, shall (in addition to any civil action to which he may subject himself) be liable to a fine not exceeding ten shillings:
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1. Any owner of any cart, car, dray, or other such carriage used for the conveyance of goods, who shall use or allow the same to be used on any public road or street without having his name and residence painted upon some conspicuous part of the right or off side of such carriage, in legible letters not less than one inch in height, and in a different colour from the ground on which the same is painted, and in words at length, or who shall paint or cause to be painted any false or fictitious name or residence on such carriage:
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2. Any person who shall act as the driver or have the sole charge of more than one such carriage as last aforesaid on any public road or street, unless in the cases where two of such carriages and no more shall be drawn each by one horse only, and the horse of the hinder of such carriages shall be attached by a sufficient rein to the back of the foremost of such carriages:
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3. Any person having the care and charge of any such carriage as last aforesaid, who shall ride upon the same, or upon any horse drawing the same, on any public road or street, except where he shall be accompanied by some other person on foot or on horseback to guide the same, or where such carriage shall be driven with reins, and be conducted by some person holding the reins of all the horses drawing the same:
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4. Any driver of any such carriage as last aforesaid who shall negligently or wilfully be at such distance from such carriage, or in such a situation, that he cannot have the direction of the horse or horses drawing the same, or who shall leave any such carriage on such road or street) so as to obstruct the passage thereof:
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5. Any driver of any such carriage as last aforesaid not having the owner’s name thereon as hereby required, and remaining legible thereon, who shall refuse to tell or to discover the true christian and surname and residence of the owner of such carriage.
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Rules of the road.
Keeping on wrong side of the road.
Passing with a led horse.
Obstructing free passage of persons or carriages.
Furious driving.
Negligent driving, &c.
Children under thirteen years not to drive certain vehicles.
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13. Any person who shall on any public road or street commit any of the next following offences shall (in addition to any civil action to which he may make himself liable) be also liable to the punishment herein-after specified in each case:
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1. Any person driving any carriage whatsoever, or riding any horse or other animal, who, meeting any other carriage or horse or other animal, shall not keep his carriage or horse or other animal on the left or near side of the road or street, or, if passing any other carriage or horse or other animal going in the same direction, shall not, in all cases where it is practicable, go and pass to the right or off side of such other carriage or horse or other animal, shall be liable to a fine not exceeding ten shillings:
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2. Any person riding any horse, and leading any other horse, who shall not keep such led horse on the side farthest away from any carriage or person passing him on any public road or in any street of a town, shall be liable to a fine not exceeding ten shillings:
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3. Any person who shall in any manner wilfully or by negligence or misbehaviour prevent or interrupt the free passage of any person or carriage on any public road or street, or crossing, shall be liable to a fine not exceeding twenty shillings:
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4. Any person riding any horse or animal, or driving any sort of carriage, who shall ride or drive the same furiously on any public road or street so as to endanger any passenger or person, or who shall by carelessness or wilful misbehaviour cause any injury to any person or property on any public road or street, shall be liable to a fine not exceeding twenty shillings:
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5. And no cart, dray, waggon, or other such carriage, and no hackney car or carriage, or car or carriage let on hire, travelling on any public road or street, shall be driven by any person who shall not be of the full age of thirteen years, under a penalty not exceeding ten shillings, to be paid by the owner of such carriage.
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Special provisions as to proceedings for road offences.
Constabulary to take cognizance of offences, and summon offenders, if known, in any petty sessions district where the offence was committed or the offender is found.
If name of offender is not known, he may be arrested.
Proceedings if offender will not discover his name.
Horses, carriages, &c. of offenders may be detained;
and sold for payment of penalty and expences.
Removal of nuisances.
Compensation (not exceeding 40s.) for damage recoverable before justices from owners.
Owners may recover over against drivers.
Summons for the driver, &c. of stage carriage left with the book-keeper, &c. to be good service.
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14. The mode of proceeding as to any of the said offences committed upon public roads or streets shall be subject to the following special provisions:
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1. The county and sub-inspectors, head and other constables of the constabulary force, shall take cognizance of all such offences, and shall, in every case where the name and residence of any such offender is known or can be ascertained, summon him either before the justices of the petty sessions district in which the offence shall be committed, or before the justices of any other petty sessions district in which such offender may reside or be at the time of taking such proceeding; and such justices are hereby authorized to hear and determine such case, either upon the complaint of such county or sub-inspector, head or other constable, or of any other person:
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2. Where the name and residence of such offender shall be unknown and cannot be ascertained, he may, with or without any warrant, be arrested by any such county or sub-inspector, head or other constable, or any persons whom he may call to his assistance; and if any such person shall refuse to discover his name, it shall be lawful for the justice before whom he shall be taken, or to whom any such complaint shall be made, to commit him to gaol for any time not exceeding one month, or to entertain any proceeding against him for the penalty aforesaid by a description of his person and offence only, without adding any name or designation, but expressing in the proceedings that he refused to discover his name; and whenever any person having charge of any horse or other animal, or of any cart or other carriage, shall be so taken into custody by any county inspector, sub-inspector, head or other constable, it shall be lawful for such county or sub-inspector, head or other constable also to take charge of such horse, animal, cart, or carriage, and to deposit the same in some place of safe custody, as a security for payment of any penalty to which the person having had charge thereof may become liable; and it shall be lawful for the justices by whom the case shall be heard to order that, in default of such penalty, and the expences of keeping such horse, animal, cart, or carriage, being paid, the same shall be sold, for the purpose of satisfying such penalty and expences, in like manner as if the same had been subject to be distrained and had been distrained for the payment of the same:
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3. It shall be lawful for the county surveyor or road contractor, or any head or other constable duly authorized in writing by any justice of the county, to remove any of the herein-before mentioned objects which may be left on any public road or street contrary to the provisions of this Act, at the expence of the offender; and it shall be lawful for the justices at any petty sessions of the county, upon complaint of such surveyor, contractor, or constable, and upon proof of the expence incurred, to issue a warrant for the levy of such expences by distress and sale of the goods and chattels of the offender:
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4. In every case where any hurt or damage shall have been caused by the commission of any of the said offences, the justices, upon the hearing of the complaint, may, in addition to any penalty herein provided order the party offending, or, in case of an offence by the driver of any carriage, the owner of such carriage, forthwith to pay for compensation to the party aggrieved a sum not exceeding forty shillings (provided such amount of damage shall have been proved); and any sum which shall be so paid by the owner shall and may in like manner be recovered by him in a summary way before the justices from the driver through whose default such sum shall have been so paid, upon proof of the payment thereof pursuant to the order of the justices:
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5. Any summons issued by any justice, requiring any owner, driver, or guard of any public stage carriage to appear before him to answer any complaint for any such offence, shall be deemed good and sufficient service in case the same be left with the known or acting book-keeper, or with any other person having the care of any office where places are usually taken or parcels received for such carriage.
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Civil Jurisdiction.
Possession of small tenements.
Summons for recovery of possession of small tenements may be issued by justices.
Manner in which such summons shall be served.
Posting of summons on premises to be good service in certain cases.
On proof of right, justices may issue warrant to deliver possession.
If party summoned undertakes to deliver up possession and pay arrears of rent in 14 days, no warrant to issue till the expiration of that period.
If party continues in possession at the end of the 14 days, justices may issue warrant without further notice.
But Act not to protect persons who have no legal right to recover possession.
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15. [1]
The decision of claims to the possession of small tenements in certain towns and villages shall be subject to the following provisions:
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1. Whenever the term or interest of the tenant of any house or of any part of a house situate in any city, town, borough, or village in which any fair or market is usually held, and which shall be held by him for any term not exceeding one month, at a rent not exceeding the rate of one pound sterling by the month, shall have ended, or shall have been duly determined by a legal notice to quit, if such tenant, (or, where such tenant shall not himself occupy the premises, or only a part thereof, if the person by whom the same or any part thereof shall be occupied,) shall neglect or refuse to deliver up possession of the same, it shall be lawful for the landlord of the said premises, or his known agent, or for the receiver of the rents of his estate, to cause such tenant or occupier to be served with a summons in writing, signed by any justice having jurisdiction in the place in which the said premises shall be situated, to appear before the justices at the petty sessions of the district in which the said premises shall be situated, to show cause why possession of the said premises should not be delivered up:
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2. Such summons may be served upon such tenant or occupier either personally or by leaving the same for him with some person in occupation of such house or part of a house, and where the tenant of such house or part of a house shall not reside therein either by serving the same personally upon him or by leaving the same at his usual place of abode four clear days before the day appointed for the hearing of the matter of the said summons; but if the person so holding over cannot be found, and admission into the premises so overheld cannot be obtained, and the place of abode of such person not residing as aforesaid shall either not be known or admission thereto cannot be obtained, the posting of the said summons on some conspicuous part of the said premises shall be deemed to be good service upon such person:
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3. If such tenant or occupier shall not appear at the time and place appointed, or shall appear, but shall not show to the satisfaction of the justices reasonable cause why possession should not be given, and shall still neglect or refuse to deliver up the possession of the said premises to the said landlord, agent, or receiver, it shall be lawful for the justices, upon proof of the holding, and of the end or determination of the tenancy, with the time and manner thereof, (and, where the title of the landlord shall have accrued since the letting of the premises, upon proof of the right by which he claims the possession,) to issue a warrant to the sub-inspector of the district within which such premises shall be situated, or to any other person as a special bailiff in that behalf, requiring and authorizing him, within a period to be therein named, not less than seven or more than ten clear days from the date of such warrant, to give possession of the premises to such landlord, agent, or receiver; and such warrant shall be a sufficient warrant to the said sub-inspector or bailiff to enter upon the premises, with such assistants as he shall deem necessary, and to give possession accordingly; but such entry shall not be made on a Sunday, Good Friday, or Christmas Day, or at any time except between the hours of nine in the morning and four in the afternoon.
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4. But if such tenant or occupier shall appear before the justices, and shall give an undertaking (to be entered in writing by the clerk of petty sessions) quietly and peace-ably to deliver up, within fourteen days from the date thereof, possession of the premises of which he shall be such tenant or occupier, in good order and repair, to such landlord, agent, or receiver, and in the meantime to pay all rent and arrears of rent claimed by such landlord in respect to such premises, the justices shall not issue their warrant for giving possession till the expiration of such period of fourteen days; and if such tenant or occupier if shall at the expiration of such period continue in possession or occupation of the said premises, save by the permission of such landlord, agent, or receiver, it shall be lawful for the justices, at the instance of such landlord, agent, or receiver, to issue a warrant for giving possession of the same as aforesaid, and such warrant shall be executed forthwith, without further notice to such tenant or occupier:
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Provided always, that nothing herein contained shall be deemed to protect any person by whom any such warrant to deliver possession of any such premises shall be sued out as aforesaid from any action which may be brought against him by any such tenant or occupier for or in respect of such entry and taking possession, where such person had not, at the time of suing out the same as aforesaid, lawful right to the possession of the said premises.
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Master and servant.
Justices may order payment of sums due:
For wages:
For the hire of horses, carts, &c.
For tuition:
(The demand not exceeding; 10l.)
Justices may award further sum to servants, &c. as compensation (not exceeding 40s.) for loss of time in recovering wages.
How servants, &c. shall recover their wages where business is intrusted to a steward, &c.
Punishment of servants, &c. for hiring under false discharges, &c.
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16. The decision of certain disputes between employers and the persons employed by them shall be subject to the following provisions:
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1. It shall be lawful for the justices to hear and determine any disputes concerning any sums which shall be due for wages by any master to his apprentice, or by any employer to any artificer, labourer, servant, or other person employed by him to do any species of work or labour whatsoever (whether he shall find materials for the performance of the same or not, and whether such wages shall be due in respect to any day’s work or to any labour done or performed by task, job, or contract); or which shall be due by any person for the hire of any horse, ass, mule, bullock, or other animal for draught, or of any cart, dray, car, plough, harrow, or vehicle drawn by any such animal for the purpose of any labouring work, (and not being for the carriage of any passenger or passengers,) or for the hire of any boat for the purpose of any labouring work, (and not being for the carriage of any passenger or passengers,) and whether such hire shall be by the day or by contract or otherwise; or which shall be due to any schoolmaster or teacher for the teaching of any child in any school or other place, and whether the engagement shall be for a payment by the day or for any other period, or in any other manner; (provided that the amount of the demand for such wages, hire, or tuition, in any of such cases, whether originally greater or not, shall not exceed ten pounds;) and to make such order as they shall see fit for payment of such sums as shall appear to be justly due to the complainant by his master or employer, or, in case of any sum claimed for the teaching of any child, by the parent or other person who shall have engaged the complainant to teach such child:
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2. Whenever it shall appear to the satisfaction of the justices that any schoolmaster, teacher, servant, artificer, labourer, or other pei son so employed as aforesaid has been or is likely to be detained from his home or usual place of residence, or has suffered or is likely to suffer any additional loss by reason of the nonpayment of any sum which such justices shall so adjudge to be due to him, it shall be lawful for such justices to order that there shall be paid to him by such master or employer, not only the sum so due to him, but also such further sum as compensation, not exceeding the sum of forty shillings, for the time during which he shall have been so detained from his usual place of residence, or for the loss suffered or likely to be suffered, as such justices shall think to be reasonable, having regard to the length of such detention, the diligence or remissness of either party, the usual earnings of such schoolmaster, teacher, servant, artificer, labourer, or person, and the sum which within the time of such detention he did earn, or under all the circumstances of the case might have earned:
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3. In every case where any such master or employer shall intrust his business to the management and superintendence of any steward, agent, bailiff, foreman, or manager it shall be lawful for the justices to summon such steward, agent, bailiff, foreman, or manager to appear at petty sessions, and to hear and determine the matter of the complaint in such and the like manner as complaints of the like nature against any master or employer, and to make an order for the payment by such steward, agent, bailiff, foreman, or manager, to the complainant, of such sum or compensation as shall be justly due to him; and in case of refusal or nonpayment of any such sum or compensation at such time as shall be directed by such justices, it shall be lawful for them to issue a warrant to levy the same by distress and sale of the goods of such master or employer:
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* * * * * * *
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5. Any servant or other person who shall hire or engage with of any master or other person under any false or forged discharge or certificate of character, shall be liable to forfeit all the wages which shall be due to him by such master or person at the time of his conviction, and shall also be liable to a fine not exceeding five pounds, and in default of payment to be imprisoned for a term not exceeding three months.
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Fairs and markets.
Justices may make awards as to disputes at sales in fairs and markets (where value does not exceed 5l.).
Commissioners under 9 Geo. 4. c. 82., &c. and justices to appoint stands for cars, &c.;
and make regulations as to thorough-fares in markets, &c.
Punishment for the following offences:
Breaking the regulations, &c.
Leaving vehicles standing in streets.
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17. The decision and regulation of certain matters relating to fairs and markets shall be subject to the following provisions:
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1. Whenever any dispute shall arise between any buyer and seller relating to the terms of sale, delivery, price, or payment for any article, matter, or thing which shall be exhibited for sale in any fair or market, (and which shall not be of a greater value than five pounds), it shall be lawful for any justice within his jurisdiction either to proceed at once to hear and determine such dispute, (upon the complaint of either party, and in presence of both parties, and after causing all parties to be brought before him for that purpose,) or to adjourn the hearing thereof to the next petty sessions of the district; and it shall be lawful for such justice or the justices at such petty sessions, having examined into the said complaint upon the oath of either of. the parties or of any witness or witnesses, to make an award thereon according to the merits of the case; and such award shall be in writing, and shall have the like force and effect as any order made at petty sessions:
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2. It shall be lawful for the town commissioners acting under the Lighting of Towns (Ireland) Act, 1828, and for the commissioners acting under any other local or special Acts giving them like powers in their respective towns not being corporate towns, and for the justices at petty sessions in other market towns, not being corporate towns, from time to time to appoint, by order in writing, such place or places in such towns as they shall think fit for any public or hackney car or carriage to stand in for hire; and also to make (and vary from time to time) such regulations as they shall see fit for keeping or causing to be kept free and clear from obstruction all passages or thoroughfares in and through the said markets, and for keeping or causing to be kept all said markets, and all passages therein and thereto, clear and free from any dirt or nuisances of any kind whatever, and for preventing all indecencies being committed therein; provided that no such regulations shall interfere with or impede the due accommodation of persons lawfully exposing goods or wares for sale therein; and it shall be lawful for the said town commissioners or justices, as the case may be, to give due notice of such regulations, by causing the same to be painted on a board, and affixed in some conspicuous place in any such market, in like manner as schedules of tolls and customs in markets are now required by law to be affixed:
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And any person who shall commit any of the next following offences shall be liable to the punishment herein-after specified:
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3. Any person who shall offend against any of the said regulations, by exhibiting goods or wares in any such market in any place other than that appointed for the sale of the same, or by refusing to remove the same when required so to do, or by obstructing the passages or thoroughfares in and through such market, or by placing or leaving any impediment of any kind therein, or by leaving or causing to be left any dirt or nuisance of any kind therein, or who shall commit any indecency in said market or in the passages thereto, shall be liable to a fine for a first offence not exceeding five shillings, and for a second offence not exceeding ten shillings:
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4. Any person who shall, within any city, borough, or market town in Ireland, or within a quarter of a mile from the boundary thereof, cause any cart, dray, waggon, or other such carriage, or any public or hackney car or carriage, to stand in any public road or street longer than may be reasonable or necessary for loading or unloading, or for taking up or setting down passengers, (except any cart, dray, waggon, or other such carriage lawfully standing in any place customarily used for such purpose in any public market or fair, and except any public or hackney car or carriage standing for hire in any place which shall be fixed as a standing for that purpose in manner aforesaid,) shall be liable to a fine not exceeding twenty shillings.
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[S. 18 rep. 23 & 24 Vict. c. 119. s. 4.]
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Impounding distresses.
Establishment of pounds.
Grand jury may present expence of erecting or repairing pounds.
Justices to appoint keepers of country pounds.
No persons to act as pound keepers unless when licensed by the justices.
Area and walls of county pounds.
Pound keeper to enter into recognizance.
14 & 15 Vict. c. 93.
Pound fees to be as follows.
Rates of sustenance to be fixed by justices.
Tables of fees and rates to be posted.
No animals to be impounded in any other than a licensed pound or manor pound, except in cases of emergency.
Notice of impounding to owner, &c.
Public notice of impounding to be given by pound keeper and constabulary.
When owner of straying animal cannot be found, it may be sold.
Notice of sale to be posted.
How produce of sale to be applied.
Punishment for the following offences:
Offences by pound keepers.
Persons rescuing impounded animals, or injuring pounds, &c.
Impounding elsewhere than in licensed pound, &c.
Saving as to manor pounds.
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19. The decision and regulation of certain matters relating to the establishment and use of pounds for the impounding of distresses, or of animals found trespassing, wandering, or straying, shall be subject to the following provisions:
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1. It shall be lawful for the justices of each petty sessions district, whenever there shall be no pound or an insufficient number of pounds established therein, to authorize the establishment of such pound or pounds in such place or places in such district (not being within any manor in which a manor pound shall have been already established) as they shall think necessary; and it shall be lawful for the grand jury of the county, upon the requisition of any three or more of such justices, to present such sum, not exceeding ten pounds, as they shall think fit, (to be levied off the county in like manner as any other sums presented by the grand jury,) for the erection, part erection, or repair of any pound, upon such condition as they shall fix as to the keeper of such pound paying to the treasurer of the county, for the use of the county, any sum not exceeding forty shillings as an annual rent for the same; and it shall be lawful for the said justices from time to time to appoint some fit person to be the keeper, during their pleasure, of any pound upon which any sum so presented shall have been expended:
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2. It shall not be lawful for any person to act as the keeper of any pound now or hereafter to be established, (except lepers of a manor pound,) unless he shall be authorized so to act by the justices of the petty sessions district in which such pound shall be situated, by licence in writing signed by any two or more of them, and which licence such justices are hereby authorized to give, and also from time to time to withdraw in case of the neglect or misconduct of such person: Provided always, that every pound so to be licensed shall be of such area as the said justices shall think fit, and that the walls thereof shall be at least seven feet high, and securely built, either of stones or bricks, or of such other material as the said justices shall think sufficiently substantial:
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3. Any person so licensed shall, before acting as such pound keeper, enter into recognizance, (in like form and manner as any clerk of petty sessions is required to do under the said Petty Sessions Act,) himself in such sum not less than ten pounds, with two sureties in such sum not less than five pounds each, as the justices shall fix, conditioned for the due discharge of his duties as pound keeper under this Act, and shall from time to time renew the same when required by such justices:
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4. Every pound keeper shall be entitled to receive from the person by whom any animal shall be impounded in such pound, or from the owner when such animal shall be delivered up to such owner by proper authority, the following pound fees:
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For any one horse, mare, mule, or horned beast, for any time not exceeding seventy-two hours - - -
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6d.
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And for any greater number of same, for same period, each - - -
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3d.
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And if impounded for longer than seventy-two hours, one half of the above sums for every additional seventy-two hours:
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For any one sheep, calf, lamb, goat, or pig, for any period not exceeding seventy-two hours
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2d.
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And for any greater number of same, for the same period, each - -
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1d.
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And if impounded for longer than seventy-two hours, one half of the above sums for every additional seventy-two hours:
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He shall also be entitled to demand and receive from the like owner or person, as the case may be, such sum for the sustenance of any such animals, for the time during which they shall be so impounded, as the said justices shall fix as the proper rates of sustenance for animals impounded in such pound, and which they are hereby required to do by writing under their hands:
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5. The pound keeper shall post and continue posted, in a conspicuous place on or close to his pound, a table of the scale of the pound fees authorized by this Act, and also a table of the rates which shall be so fixed by the justices for the sustenance of animals impounded therein
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6. No animals (except in cases of distresses for rent) shall be impounded in any other place than in the nearest pound of the county so licensed (or in the pound of the manor), unless where any assault shall be threatened or made upon the person impounding or proceeding to impound any animal, or where any rescue of such animal shall be attempted or threatened, and the impounding in any other place shall be necessary for the detention of such animal, or the safety of such person:
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7. Whenever any animal shall be impounded in any pound, the person by whom such animal shall be impounded shall at the time give notice to the pound keeper, and also to the owner of such animal (when known), specifying the parish and townland in which such animal shall have been seized, and the reasons for impounding the same; and when given to the owner, he shall specify the pound in which such animal shall have been impounded.
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8. And whenever any animal found wandering or straying shall be impounded in any pound, the pound keeper shall immediately give a notice to the sub-inspector, head or other constable, of the nearest constabulary station, describing such animal, and stating the parish and townland where such animal shall have been seized (unless where such animal shall have been impounded by any member of the constabulary force); and such sub-inspector, head or other constable, shall post such notice (or a like notice when the animal shall have been impounded by any member of the constabulary force), and keep the same posted at such station until such animal shall be claimed or otherwise disposed of according to law; and whenever the owner of such animal cannot be discovered, it shall be lawful for the justices of the petty sessions district, upon being satisfied that all possible means have been adopted for the discovery of the owner, and that he cannot be discovered, to direct that the same shall be sold by the sub-inspector of constabulary of the district in like manner as any animal may be sold under any warrant of distress (due notice of such sale, and of tbe parish and townland where such animal shall have been seized, having been previously posted by such sub-inspector at the constabulary station, and also in some conspicuous place in the parish where such animal shall have been seized, and also at the place where impounded, forty-eight hours at the least before the time of sale); and the proceeds of such sale, after paying to the keeper of the pound the amount due to him for pound fees and for the rates of sustenance of such animal, shall be paid over to the treasurer of the county, to the credit of the county, in any case when the grand jury of such county shall have presented any sum for the erection of any pound therein; but when no sum shall have been so presented, such surplus proceeds shall be applied in like manner as any penal sums payable to the Crown, or, with the consent of the chief or under secretary to the Lord Lieutenant, may be applied by the said justices in the erection or repair of any pounds within the petty sessions district.
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And any person who shall be guilty of any of the next following neglects or offences shall be liable to the punishment herein after specified:
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9. Any pound keeper who shall act as such without being duly authorized by the justices, and without having duly entered into a recognizance in manner aforesaid, or who shall neglect to keep such pound clean and well supplied with wholesome water, and in such a secure and wholesome state as shall insure the due forthcoming and health of the animals impounded, or who shall demand or receive any sum for the keeping or sustenance of any animals in such pound greater than the sums fixed by this Act or by the justices as aforesaid, as the case may be, or who shall neglect to feed any animal impounded in such pound, or who shall omit to post in a conspicuous place any such table or notice, or to give any such notice, as is directed by this Act, or who shall without due authority liberate or permit to be liberated from such pound any animal impounded therein, or who shall refuse or neglect, when required by the justices, to give up to them any pound built in the whole or in part at the expence of the county, shall be liable to a fine not exceeding ten pounds:
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10. Any person who shall rescue or attempt to rescue any animal out of any such pound or out of any other place in which any animal shall be impounded for greater safety, under the circumstances herein-before mentioned, or who shall break down or injure any such pound or place, or do any act by means of which any animal impounded therein shall escape or be unlawfully liberated therefrom, shall be liable to pay the amount of the injury done, and also a fine not exceeding ten pounds; but in every case of the commission of any such offence in rescuing or attempting to rescue any distress, or in breaking or injuring any pound, the justices shall, if they shall so think fit, abstain from adjudicating summarily thereon, and deal with the same as a case to be tried by indictment at the assizes or quarter sessions:
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11. Any person who shall impound any animal (except in cases of distresses for rent), in any other place than in a manor pound, or in such pound as shall be licensed under the provisions of this Act (except under the circumstances herein-before mentioned), or who shall omit to give such notice to the pound keeper or to the owner of any animal impounded as is required by this Act, or who shall wilfully damage or injure any animal while driving or conveying the same to any pound, shall be liable to a fine not exceeding five pounds:
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Provided always, that nothing herein contained shall interfere with the right of any lord of a manor to establish or continue any manorial pound for the impounding of distresses made in such manor, which he is now by law entitled to establish or continue, or to appoint from time to time any person to be keeper of such pound; but the regulation of such pound, and the duties of such pound keeper, shall in all other respects be subject to the provisions of this Act, in like manner and to the like extent as any pound established or any pound keeper licensed by the justices at petty sessions in manner aforesaid.
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Trespass of animals.
No impounding for trespass, when owner of animals is known; but occupier of land shall deliver up animals found trespassing to their owner, and shall then be entitled to the following rates of trespass.
But when owner of animal is not known, it may be impounded.
Pound keeper to deliver up animal to owner, on authority of justice, or on payment of rates, &c.
Pound keeper to pay over rates of trespass, except in certain cases.
When parties are not satisfied, justices to investigate the case and make an award according to the principles herein prescribed.
Justices, in case of actual damage done, may award compensation.
Justices may allow credit for, or order refunding of any amount already paid, according to the case.
Justices may order repair of fences by person who ought to repair the same.
Punishment for the following offences:
Impounding, when owner is known, &c.
Pound keeper neglecting to liberate animals, &c.
Justices may adopt such means of proof as they shall see fit.
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20. The decision and regulation of certain matters relating to the trespass of animals shall be subject to the following provisions:
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1. It shall not hereafter be lawful to impound any animal found trespassing upon any land when the owner of such animal shall be known; but the occupier of such land or the person by whom such animal shall be found trespassing shall either deliver up such animal to the owner, or to his steward, herdsman, caretaker, or other servant, or he shall show such animal in the act of trespassing to such owner, steward, herdsman, caretaker, or other servant, and allow such animal to be taken away by him; and the owner of such animal shall thereupon be liable to pay to the occupier of such land the rate of trespass fixed by the following scale (or according to such scale as the justices at quarter sessions shall from time to time fix, and which they are hereby authorized to do if they shall see fit):
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Where the trespass shall be on any common pasture land, or on any arable uncropped land, the rate shall be:
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s.
|
d.
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For every horse, mare, pony, mule, ass, bull, cow, bullock, heifer, or pig - -
|
0
|
6
|
For every calf, sheep, or lamb - - -
|
0
|
2
|
For every goose - - - -
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0
|
1
|
For every other fowl - -
|
0
|
0½
|
For every goat - - - -
|
3
|
0
|
|
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And where the trespass shall be upon any fattening pasture or meadow land, or upon any land cropped with corn, peas, flax, vetches, turnips, rape, potatoes, green crop, or other cultivated vegetable, or by any goat in a plantation, the rates shall be double the amount of the preceding rates:
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2. But when the owner of any such animal shall not be known, it shall be lawful for the occupier of such land, or for his servant, or for any other person on his behalf, to impound such animal in the nearest pound of the county (or in the pound of the manor,) specifying in the notice which he is required to give to such pound keeper (under the provisions herein-before contained relating to the impounding of animals) the nature of the land or crop in which such animal shall have been found trespassing; and such pound keeper shall afterwards deliver up such animal to the owner, it known, or to any person on his behalf, either upon being so authorized in writing by any justice, or upon being paid by such owner or person the amount legally due for pound fees and rates of sustenance, and also the amount due under the above scale of rates for a trespass on any land or crop of the nature specified in such notice; and such pound keeper shall thereupon pay over the amount of such rate of trespass to the person by whom such animal shall have been impounded, unless when required by any justice, or by such occupier by notice in writing, to hold over the same until any dispute as to the same shall have been decided at petty sessions:
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3. Whenever either the occupier of such land or the owner When parties of such animal shall not be satisfied with the amount of such rates (whether paid at the time or not), it shall be lawful for the justices at petty sessions, upon complaint of such occupier or owner, to investigate the case, and to make such award against either party as shall seem just under all the circumstances; and the principle upon which they shall make such award shall be, that the owner of such animal shall be deemed liable to pay to such occupier the above rate for a first trespass, and double the above rate for a second trespass, and treble the above rate for a third or subsequent trespass, (whether any actual damage shall have been done or not,) unless they shall be satisfied that such trespass was caused by any neglectful conduct on the part of such occupier, or that there are any other justifying circumstances, in which case they may declare him to be entitled either to no rates or to a part only of the rates; and in any case where any actual damage shall have been done by such trespass, it shall be lawful for the justices to award a like payment of such further sum as, together with any rates awarded, shall be equal to the value of such damage as shall be proved to their satisfaction to have been actually caused by such trespass; and in making any such award, the justices shall allow credit to the owner of such animal for the amount of any rate of trespass paid by him at the time; or where they shall award either no rates or a lesser amount than any sum so paid at the time, they may order that the whole or a part of such sum, as the case may be, shall be refunded to such owner:
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4. Whenever it shall appear, in any case in which any complaint of trespass shall be so made, that the trespass shall have been caused by the bad or imperfect state or destruction of any fences, it shall be lawful for the justices at petty sessions by order in writing to direct that the occupier of the land to which such fences shall belong shall repair the same when wholly on his land, or join in repairing the same when partly on his land, within such reasonable time as they shall fix for that purpose; and in default of his so doing within such time, it shall be lawful for such justices, by a like order in writing, to authorize such fences to be repaired by the person who shall have been aggrieved by any such trespass, who may thereupon enter and repair the same; and afterwards, upon proof of the expences incurred by such person in making such repairs beyond what he may be himself bound to expend in case of fences common to both parties, it shall be lawful for such justices to order that the same shall be paid (to any amount not exceeding two shillings per perch) by such occupier, unless it shall be shown that the person under whom such occupier shall hold is bound by any lease or agreement to keep such fences in repair, in which case such amount shall be paid by such person; and in default of such payment it shall be lawful for such justices to order that such amount shall be levied by distress of the goods of such occupier or person, as the case may be, and paid over to the person by whom such repairs shall have been made.
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And any person who shall be guilty of any of the next following neglects or offences shall be liable to a fine not exceeding five pounds:
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5. Any person who aliali impound any animal found trespassing, where the owner of such animal shall be known to him, or who shall impound any animal without giving to the pound keeper the notice required by this Act:
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6. Any pound keeper who shall neglect or refuse to deliver up any animal so impounded to the owner, when authorized in writing by any justice so to do, or upon such owner paying to him the amount of the pound fees and rates of sustenance legally due and the amount legally due for the trespass, or who shall neglect (except when any justice shall authorize him to hold over the same until the decision of any dispute as to the same at petty sessions to pay over to the person entitled to receive the same the amount which shall be paid to him for the trespass upon the liberation of any such animal:
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Provided always, that in all such proceedings under this Act it shall be lawful for the justices to adopt such means as they shall see fit, either by the employment of a valuator or arbitrators or otherwise, for the purpose of informing themselves as to the amount of any damage done, or as to any other circumstances proper to be inquired into on the spot, or as to any other facts of the case upon which they shall be required to decide; and they may (if they shall think it necessary) order the parties or either of the parties to pay to any person so employed such reasonable sum as they shall fix, not exceeding two shillings and sixpence per day, as remuneration for his trouble.
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General Provisions.
The justices may discharge the offender, in certain cases.
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21. Where any person shall be convicted of any offence against this Act, and it shall be a first conviction, it shall be lawful for the justices, if they shall so think fit, to discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved, for damages and costs or either of them, as shall be ascertained by the justices.
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Pardon to persons imprisoned for nonpayment of money.
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22. It shall be lawful for the Lord Lieutenant to extend the royal mercy to any person imprisoned by virtue of this Act, although he shall be imprisoned for nonpayment of money to some party other than the Crown.
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In what cases appeals shall be permitted.
Appeals to be made to next quarter sessions of division, or to recorder’s next sessions.
Quarter sessions, &c. may decide appeal, subject to the provisions of 14 & 15 Vict. c. 93. as to form, notices, &c.
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23. In any case where an order shall be made under the provisions of this Act for the payment of any penal or other sum exceeding twenty shillings, or for any term of imprisonment exceeding one month, or for doing anything at a greater expence than twenty shillings, (but in no other case,) either party, (whether he shall be the complainant or defendant,) in cases of a civil nature, or the person against whom any such order shall have been made in other cases, shall be entitled to appeal to the next quarter sessions to be held in the same division of the county when the order shall be made by any justice or justices in any petty sessions district, or to the recorder at his next sessions when the order shall be made by the said divisional justices in the police district of the Dublin Metropolis, or to the recorder of any corporate or borough town when the order shall be made by any justice or justices in such corporate or borough town (unless when any such sessions shall commence within seven days from the elate of any such order, in which case, if the appellant sees fit, the appeal may be made to the next succeeding sessions to be held for such division or town); and it shall be lawful for such court of quarter sessions or recorder, as the case may be, to decide such appeal, if made in such form and manner and with such notices as are required by the said Petty Sessions Act as to appeals against orders made by justices at petty sessions; and all the provisions of the said Petty Sessions Act as to making appeals, and as to executing the orders made on appeal or the oiigmal orders where the appeals shall not be duly prosecuted, shall also apply to any appeal or like order to be made under the provisions of this Act.
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No order, &c. shall be quashed for want of form, &c.
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24. No order made under the provisions of this Act, nor any adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into any of her Majesty’s superior courts of record.
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Interpretation.
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25. In the interpretation of this Act, save where there is anything in the subject or context repugnant to such construction . . . the word “justice” shall mean “justice of the peace,” and shall include a “divisional justice” of the police district of Dublin Metropolis, or “chief magistrate” of any corporate town; the word “county surveyor” shall include and mean any district surveyor in the county of Dublin; the word “petty sessions” shall include a “divisional police office” of Dublin Metropolis; the word “gaol” shall include any “house of correction” or “bridewell” of the county to which any person may be legally committed by any justice; the word “road” shall include “highway’”or other public thoroughfare, and “street” shall include any lane or passage in any town; and the word “horse” shall include any other animal of any kind commonly used or employed in drawing any kind of carriage.
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[Ss. 26, 27 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Extent of Act.
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28. This Act shall extend and be construed to extend to Ireland only.
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Short title.
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29. In citing this Act in other Acts of Parliament, or in any legal instrument or proceedings, it shall be sufficient to use the expression “The Summary Jurisdiction (Ireland) Act, 1851.”
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[1 Short title, “The Summary Jurisdiction (Ireland) Act, 1851.” See s. 29.]
[1 These provisions extend to such small tenements herein described as are situate in any town or township within the police districts of Dublin Metropolis, although no fair or market be held therein, 34 & 35 Vict. c. 76. s. 10.] |