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GRAND JURY (IRELAND) ACT 1833
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CHAPTER LXXVIII.
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An Act to amend the Laws relating to Grand Juries in Ireland.[1]
[28th August 1833.]
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[Preamble.]
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[Whole Act, except ss. 73, 74, 81 and 87 rep. 37 & 38 Vict. c. 35. (S.L.R.) Ss. 70–72 provided for presentments by grand juries in cases of robbery and malicious injuries to property, as to which see now 6 & 7 Will. 4. c. 116. ss. 135–140.]
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If property for which compensation is obtained be afterwards recovered, the county treasurer shall be entitled to it for the benefit of the county, &c.
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73. Provided always, that if any property for which any person shall have received satisfaction by such presentment as aforesaid shall be afterwards discovered or obtained, the treasurer or treasurers for the time being of the county from which such satisfaction has been received may have and recover such property, and the same is hereby declared and enacted to belong unto and be vested in him or them for the use of such county or counties, in proportion to the sums respectively presented and raised off the same; and such treasurer may maintain in his own name any action and pursue any remedy or proceeding for the recovery of such property, or of damages for the same, which the person robbed might have had or maintained before such satisfaction received by such presentment; and such property, when recovered, shall be sold or disposed of by such treasurer, and the money arising from such sale, after deducting the charges for the recovery thereof, shall be applied by such treasurer to the use of the county, barony or half barony, or county of a city or town, by which such satisfaction shall have been made.
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No action shall lie where compensation is obtained under this Act; but where not obtained, the party injured may seek for satisfaction in the mode directed by Irish Act, 23 & 24 Geo. 3. c. 20, &c.
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74. No action or suit against any chief or other magistrate, or any inhabitant or inhabitants of any parish, shall be brought or prosecuted by the party so petitioning as aforesaid for the recovery of any satisfaction or damages sustained by reason of any offence for which compensation may have been obtained under the provisions herein-before contained: Provided always, that although such petition as aforesaid may have been preferred, it shall nevertheless be lawful, if the same shall be disallowed for such person or persons injured by such offence as aforesaid to seek for satisfaction and damages by all such ways and means as authorised or directed by an Act passed in the Parliament of Ireland in the twenty-third and twenty-fourth years of the reign of his Majesty King George the Third, intituled “An Act for the more effectually punishing such persons as shall by violence obstruct the freedom of corn markets and the corn trade, or who shall be guilty of other offences therein mentioned, and for making satisfaction to the parties injured,” or any other Act or Acts in force in Ireland, any thing herein contained to the contrary notwithstanding.
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Penalty for assaulting or resisting persons acting under this or any other highway Act, or rescuing goods distrained, &c.
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81. In case any person or persons shall resist or make forcible opposition to any person or persons employed in the execution of this Act, or shall assault any surveyor or deputy surveyor, collector, supervisor, overseer, contractor, or peace officer in the execution of this or any other Act for the making or repairing of high roads, or shall make or attempt to make any rescue of goods distrained or seized by virtue of this or any other such Act, or if any constable or sub-constable shall refuse or neglect to execute any warrant granted by any justice of the peace pursuant to any power by this Act created, every such person offending therein, and being convicted thereof before any two justices of the peace at petty sessions by the oath of one credible witness, shall for every such offence forfeit any sum not exceeding ten pounds nor less than forty shillings, at the discretion of such justices; and in case the same shall not be paid, such justices are hereby empowered and required to commit such offender to any gaol, bridewell, or house of correction, for any time not exceeding three months, or until the said forfeiture shall be paid.
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Money heretofore paid by county treasurer to collector of excise, &c. shall be paid as directed by the Treasury.
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87. In all cases where by any Act or Acts now in force the treasurer of any county may be authorized or required to pay any money to any collector of excise or other person, to be by him accounted for as public money, the same shall, from and after the passing of this Act, be paid and payable to such bank or person and in such manner as the Treasury shall from time to time think fit to direct and appoint.
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[1 Short title, “The Grand Jury (Ireland) Act, 1833.” See Short Titles Act, 1892.] |
