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1 & 2 Will. 4. c. 55. s. 31.
20 & 21 Vict. c. 40.
Sect. 6.
14 & 15 Vict. c. 93.
20 & 21 Vict. c. 40. s. 6. not to take away previous jurisdiction, nor affect 1 & 2 Will. 4. c. 55. s. 31., &c.
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18. And whereas by the thirty-first section of the Illicit Distillation (Ireland) Act, 1831, it is enacted that all penalties and forfeitures imposed by the same Act may be sued for, prosecuted, and recovered by action of debt, bill, plaint, or information in Her Majesty's Court of Exchequer in Dublin, in the name of Her Majesty's Attorney General, or in the name of some officer of Excise, or on complaint to or before any one or more of Her Majesty's justices of the peace of the county, city, or place wherein the offence shall be committed: And whereas by the Illicit Distillation (Ireland) Act, 1857, officers of the constabulary force in Ireland are empowered to put in force the powers and authorities of the Illicit Distillation (Ireland) Act, 1831, and by the sixth section of the said Act it is enacted that all proceedings under the Illicit Distillation (Ireland) Act, 1831, shall be conducted, and all penalties and costs under the same shall be sued for, levied, and recovered, as by the Petty Sessions (Ireland) Act, 1851, is directed and provided: And whereas doubts have arisen whether the provision made by the last-mentioned enactment for proceedings under the said Petty Sessions Act has repealed or wholly superseded the mode of proceeding directed by the said thirty-first section of the Illicit Distillation (Ireland) Act, 1831, and whether in any proceedings for the recovery of any penalty or forfeiture under the said last-mentioned Act the presence of two or more justices is requisite: For the removal of all such doubts, be it declared and enacted that the sixth section of the Illicit Distillation (Ireland) Act, 1857, shall not be construed to deprive any court or any justice of the peace in Ireland of any jurisdiction which such court or justice possessed before the passing of that Act in regard to any offence committed against the provisions of the Illicit Distillation (Ireland) Act, 1831, and shall not extend to repeal, alter, or affect the thirty-first section of the said last-mentioned Act further than to provide the additional mode of proceeding for penalties and costs in the said sixth section mentioned; and it shall be lawful for two or more justices sitting at petty sessions to hear and determine any information or complaint for any offence committed against the said last-mentioned Act, and to do all acts necessary to carry into effect any judgment thereupon.
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