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grant a War

CA P. LXIX.
An Act to facilitate the Performance of the Duties of Jus-

tices of the Peace out of Quarter Sessions in Ireland with
respect to Persons charged with Indictable Offences.

[28th July 1849.] WI

HEREAS it would conduce much to the Improvement of

the Administration of Criminal Justice in Ireland if the • several Statutes and Parts of Statutes relating to the Duties of · Her Majesty's Justices of the Peace therein with respect to Per'sons charged with indictable Offences were consolidated, with

such Additions and Alterations as may be deemed necessary, and ' that such Duties should be clearly defined by positive Enact'ment:' Be it therefore declared and enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in For what all Cases where a Charge or Complaint (A.) shall be made before Offences a Jusany One or more of Her Majesty's Justices of the Peace for any l'eace may County, Division, Liberty, City, Borough, or Place within Ireland, that any Person has committed or is suspected to have committed rant or Sumany Treason, Felony, or indictable Misdemeanor, or other indictable mons to cause Offence whatsoever, within the Limits of the Jurisdiction of such a Person Justice or Justices of the Peace, or that any Person guilty or sus.

charged therepected to be guilty of having committed any such Crime or Offence with to be

brought before elsewhere out of the Jurisdiction of such Justice or Justices is him. residing or being or is suspected to reside or be within the Limits of the Jurisdiction of such Justice or Justices, then and in every such Case, if the Person so charged or complained against shall not then be in Custody, it shall be lawful for such Justice or Jus. tices of the Peace to issue his or their Warrant (B.) to apprehend such Person, and to cause him to be brought before such Justice or Justices, or any other Justice or Justices for the same County, Division, Liberty, City, Borough, or Place, to answer to such Charge or Complaint, and to be further dealt with according to Law : Provided always, that in all Cases it shall be lawful for In what Cases such Justice or Justices to whom such Charge or Complaint shall the Party may be preferred, if he or they shall so think fit, instead of issuing

be summoned

instead of in the first instance his or their Warrant to apprehend the Person issuing a Warso charged or complained against, to issue his or their Summons rant in the first (C.) directed to such Person, requiring him to appear before the instance. said Justice or Justices at a Time and Place to be therein mentioned, or before such other Justice or Justices of the same County, Division, Liberty, City, Borough, or Place as may then be there, and if after being served with such Summons in manner herein- If the Sumafter mentioned he shall fail to appear at such Time and Place, in mons be not obedience to such Summons, then and in every such Case the obeyed, then a

Warrant may said Justice or Justices, or any other Justice or Justices of the

be issued. Peace for the same County, Division, Liberty, City, Borough, or Place, may issue his or their Warrant (D.) to apprehend such Per. son so charged or complained against, and cause such Person to be brought before him or them, or before some other Justice or Justices of the Peace for the same County, Division, Liberty, Q 4

City,

Warrant to apprehend for Offences committed on the High Seas or abroad.

Warrant to apprehend a Party against whom an Indictment is found.

City, Borough, or Place, to answer to the said Charge or Complaint, and to be further dealt with according to Law : Provided nevertheless, that nothing herein contained shall prevent any Justice or Justices of the Peace from issuing the Warrant hereinbefore first mentioned at any Time before or after the Time mentioned in such Summons for the Appearance of the said accused Party.

II. And be it enacted, That in all Cases of indictable Crimes or Offences of any kind or Nature whatsoever committed on the High Seas, or in any Creek, Harbour, Haven, or other Place in which the Admiralty of England or Ireland have or claim to have Jurisdiction, and in all Cases of Crimes or Offences committed on Land beyond the Seas, for which an Indictment may legally be preferred in any Place within Ireland, it shall be lawful for any One or more of Her Majesty's Justices of the Peace for any County, Division, Liberty, City, Borough, or Place within Ireland in which any Person charged with having committed or with being suspected to have committed any such Crime or Offence shall reside or be, or shall be supposed or suspected to reside or be, to issue his or their Warrant (E.) to apprehend the Person so charged, and to cause him to be brought before him or them, or some other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place, to answer to the said Charges, and to be further dealt with according to Law.

III. And be it enacted, That where any Indictment shall be found by the Grand Jury in any Court of Oyer and Terminer or General Gaol Delivery, or in any Court of General or Quarter Sessions of the Peace, against any Person who shall then be at large, and whether such Person shall have been bound by any Recognizance to appear to answer to the same or not, the Person who shall act as Clerk of the Crown at such Court of Oyer and Terminer or Gaol Delivery, or as Clerk of the Peace at such Sessions, at which the said Indictment shall be found, shall at any Time afterwards, after the End of the Sessions of Oyer and Terminer or Gaol Delivery or Sessions of the Peace at which such Indictment shall have been found, upon Application of the Prosecutor, or of any Person on his Behalf, and on Payment of a Fee of Sixpence, if such Person shall not have already appeared and pleaded to such Indictment, grant unto such Prosecutor or Person à Certificate (F.) of such Indictment having been found ; and upon Production of such Certificate to any Justice or Justices of the Peace for any County, Division, Liberty, City, Borough, or Place in which the Offence shall in such Indictment be alleged to have been committed, or in which the Person indicted in and by such Indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such Justice or Justices, and he and they are hereby required, to issue his or their Warrant (G.) to apprehend such Person so indicted, and to cause him to be brought before such Justice or Justices, or any other Justice or Justices for the same County, Division, Liberty, City, Borough, or Place, to be dealt with according to Law, and afterwards, if such Person be thereupon apprehended and brought before any such Justice or Justices, such Justice or Justices, upon its being proved upon Oath or Affirmation before him or them that the Person so

apprehended

9

apprehended is the same Person who is charged and named in such Indictment, shall, without further Inquiry or Examination, commit (H.) him for Trial, or admit him to Bail, in manner herein-after mentioned; or if such Person so indicted shall be If Person confined in any Gaol or Prison for any other Offence than that indicted be charged in the said Indictment, at the Time of such Application, Prison for some and Production of the said Certificate to such Justice or Justices other Offence, as aforesaid, it shall be lawful for such Justice or Justices and he Justice may and they are hereby required, upon it being proved before him or order him to them upon Oath or Affirmation that the Person so indicted and be detained

until removed the Person so confined in Prison are one and the same Person, to

by Writ of issue his or their Warrant (1.) directed to the Gaoler or Keeper Habeas. of the Gaol or Prison in which the Person so indicted shall then be confined as aforesaid, commanding him to detain such Person in his Custody until by Her Majesty's Writ of Habeas Corpus he shall be removed therefrom, for the Purpose of being tried upon the said Indictment, or until he shall otherwise be removed or discharged out of his Custody by due Course of Law.

IV. And be it enacted, That it shall be lawful for any Justice Power to Jusor Justices of the Peace to grant or issue and cause to be executed tice to issue

Warrants on any Warrant as aforesaid or any Search Warrant on a Sunday

Sundays. as well as on any other Day.

V. And be it enacted, That in Cases where a Justice of the Justices for Peace for any County, Division, Liberty, City, Borough, or Place adjoining shall be also Justice of the Peace for a County, Division, Liberty, Counties, &o City, Borough, or Place next adjoining thereto or surrounded residing in an. thereby, it shall and may be lawful for such Justice of the Peace other County. to act as such Justice for the one County, Division, Liberty, City, Borough, or other Place whilst he is residing or happens to be in the other such County, Division, Liberty, City, Borough, or other Place, in all Matters and Things herein-before or hereafter in this Act mentioned; and that all such Acts of such Justice, and the All Acts of Acts of any Constable or other Officer in obedience thereto, shall Justice, &c. to

be valid, be as valid, good, and effectual in the Law to all Intents and Pur. poses as if such Justice at the Time he shall so act as aforesaid were in the County, Division, Liberty, City, Borough, or other Place for which he shall so act; and all Constables and other Officers for the County, Division, Liberty, City, Borough, or Place for which such Justice shall so act as aforesaid are hereby authorized and required to obey the Warrants, Orders, Directions, Act or Acts of such Justice which in that Behalf shall be granted, given, or done, and to do and perform their several Offices and Duties in respect thereof, under the Pains and Penalties to which any Constable or other Officer may be liable for a Neglect of Daty; and any such Constable or other Peace Officer, or any Constables, &c. other Person, apprehending or taking into Custody any person apprehending offending against Law, and whom he lawfully may and ought to Offenders in

one such apprehend or take into Custody, by virtue of his Office or other

County, &c. wise, in any such County, Division, Liberty, City, Borough, or may take thein Place, may lawfully take and convey such Person so apprehended before such and taken as aforesaid to and before any such Justice of the Peace Justice in the for such County, Division, Liberty, City, Borough, or Place whilst adjoining such Justice shall be in such adjoining County, Division, Liberty, if he act as a City, Borough, or Place as aforesaid, and the said Constables and Justice in both.

other

may act for it

&c. in any

other Peace Officers, and all such other Persons as aforesaid, are hereby authorized and required in all such Cases so to act in all things as if the said Justice of the Peace were within the said County, Division, Liberty, City, Borough, or Place for which be

shall so act. Justices for a VI. And be it enacted, That it shall be lawful for any Justice County, &c. or Justices of the Peace acting for any County at large, or for any

Division of such County, to act as such at any Place within any in an adjoining City, Town, or other Precinct, being a County of itself, or otherCity or Place of exclusive

wise having exclusive Jurisdiction, and situated within, surrounded Jurisdiction. by, or adjoining to any such County or Division respectively; and

that all and every such Act and Acts, Matters and Things, to be so done by such Justice or Justices within such City, Town, or Precinct, as Justice or Justices for such County or Division respectively, shall be as valid and effectual in Law as if the same

had been done within such County or Division respectively to all Not to give

Intents and Purposes whatsoever : Provided always, that nothing Power to act, in this Act contained shall extend to give Power to the Justices

of the Peace for any County or Division, not being also Justices Matters, &c. arising within for such City, Town, or other Precinct, or not having Authority the same.

as Justices of the Peace therein, or any Constable or other Officer acting under them, to act or intermeddle in any Matters or Things arising within any such City, Town, or Precinct, in any Manner

whatsoever. Justices may

VII. And be it enacted, That after the passing of this Act it act in detached shall be lawful for any Justice or Justices of the Peace acting for Parts of other any County to act as a Justice or Justices of the Peace in all Counties locally things, as well in Cases of summary Jurisdiction, or of Acts merely included in their County.

ministerial, as in all other Cases or Things whatsoever, concerning or in anywise relating to any detached Part of any other County which is surrounded in whole or in part by the County for which such Justice or Justices acts or act; and that all Acts of such Justice or Justices of the Peace, although done in the County for which such Justice or Justices acts or act, and all Acts of any Constable or other Officer in obedience thereto, shall be as good and effectual as if such Justice or Justices were a Justice or Jus. tices for the County to which such detached Part belongs, and as if such Justice or Justices at the Time of so acting was or were in such last-mentioned County; and all Constables and other Officers of such detached Part are hereby required to obey the Warrants, Orders, and Acts of such Justice or Justices, and to perform their several Duties in respect thereof, under the Pains and Penalties to which any Constable or other Officer may be liable for a Neglect

of Duty. When Charge, VIII. And be it enacted, That in all Cases where a Charge or &c. is made, if Complaint for any indictable Offence shall be made before such a Warrant is

Justice or Justices as aforesaid, if it be intended to issue a to be issued,

Warrant in the first instance against the Party or Parties so Information, on Oath, &c.

charged, an Information and Complaint thereof (A.) in Writing, on the Oath or Affirmation of the Informant or of some Witness shall be in Writing, or be sworn to or affirmed in manner afores not necessary said, but in every such Case such Information and Complaint to be on Oath. may be by Parol merely, and without any Oath or Affirmation whatsoever to support or substantiate the same : Provided also, No Objection that no Objection shall be taken or allowed to any such Infor- allowed for mation or Complaint for any alleged Defect therein in Substance alleged Defect or in Form, or for any Variance between it and the Evidence in Form. adduced on the Part of the Prosecution before the Justice or Justices who shall take the Examination of the Witnesses in that Behalf, as herein-after mentioned.

or Witnesses in that Behalf, shall be laid before such Justice or If Summons be Justices : Provided always, that in all Cases where it is intended issued, Infor- to issue a Summons instead of a Warrant in the first instance, mation, &c it shall not be necessary that such Information and Complaint

shall

IX. And be it enacted, That upon such Information and Com- Upon Complaint being so laid as aforesaid the Justice or Justices receiving plaint being the same may, if he or they shall think fit, issue his or their Suin- receiving the mons or Warrant respectively as herein-before is directed to cause same may issue the Person charged as aforesaid to be and appear before him or Summons or them, or any other Justice or Justices of the Peace for the same Warrant for County, Division, Liberty, City, Borough, or Place, to be dealt Appearance of

Person charged. with according to Law; and every such Summons (C.) shall be directed to the Party so charged in and by such Information, and shall state shortly the Matter of such Information, and shall require the Party to whom it is so directed to be and appear at a certain Time and Place therein mentioned before the Justice who shall issue such Summons, or before such other Justice or Justices of the Peace of the same County, Division, Liberty, City, Borough, or Place as may then be there, to answer to the said Charge, and to be further dealt with according to Law; and every such Sum• How Summons mons shall be served upon the Person to whom it is so directed to be served. by delivering the same to the Party personally, or if he cannot conveniently be met with then by leaving the same with some Person for him at his last or most usual Place of Abode; and the Person who shall have served the same in manner aforesaid shall attend at the Time and Place and before the Justices in the said Summons mentioned, to depose, if necessary, to the Service of such Summons; and if the Person so served shall not be and If Party sumappear before the Justice or Justices at the Time and Place moned do not mentioned in such Summons, in obedience to the same, or at such attend, Justice other Time or Place, if any, to which the Hearing of such Case Warrant to may be adjourned, then it shall be lawful for such Justice or Jus- compel At. tices to issue his or their Warrant (D.) for apprehending the tendance. Party so summoned, and bringing him before such Justice or Justices, or some other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place, to answer the Charge in the said Information and Complaint mentioned, and to be further dealt with according to Law: Provided No Objection always, that no objection shall be taken or allowed to any such allowed for Summons or Warrant for any alleged Defect therein in Substance alleged Defect

in Form, &c. or in Form, or for any Variance between it and the Evidence adduced on the Part of the Prosecution before the Justice or Justices who shall take the Examinations of the Witnesses in that Behalf, as herein-after mentioned; but if any such Variance shall appear to such Justice or Justices to be such that the Party charged has been thereby deceived or misled, it shall be lawful for such Justice or Justices, at the Request of the Party so

charged,

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