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Day of

(T. 1.)

Warrant of Commitment.
To the Constables of

or any of them, and to the Keeper of the [House of Correction] at

in the said [County] of WHEREAS A.B. was this Day charged before [me], J.S., One of Her Majesty's Justices of the Peace in and for the said [County] of

on the Oath of C.D. of Farmer, and others, for that [8c., stating shortly the Offence]: These are therefore to command you the said Constables of or any

of you to take the said A.B., and him safely to convey to the House of Correction at

aforesaid, and there to deliver him to the Keeper thereof, together with this Precept ; and [I] do hereby command you the said Keeper of the said [House of Correction) to receive the said A.B. into your Custody in the said [House of Correction], and there safely keep him until he shall be thence delivered by due Course of Law.

Given under [my] Hand and Seal, this in the Year of our Lord

at

in the County] aforesaid.

J.S. (L.S.) (T. 2.) Gaoler's Receipt to the Constable for the Prisoner. I HEREBY certify, That I have received from W. T., Constable of

the Body of A.B., together with a Warrant under the Hand and Seal of J. S., Esquire, One of Her Majesty's Justices of the Peace for the [County] of

; and that the said A.B. was [sober, or as the Case may be,] at the Time he was so delivered into my Custody.

P.K.,
Keeper of the House of

Correction (or Com

mon Gaol] at To R.W., Esquire, Paymaster of the Constabulary Force of

the [County] of WHEREAS W.T., Constable of

in the [County) of

hath produced unto me, J.P., One of Her Majesty's Justices of the Peace in and for the said [County] of (wherein the Offence herein-after mentioned is alleged to have been committed), the above Receipt of P.K., Keeper of the [House of Correction) at

: Now I hereby certify that the said Constable is entitled to be paid his reasonable Costs and Expenses of conveying the Prisoner in the said Receipt mentioned to the said [House of Correction], and of returning home again, according to the Form of the Statute in such case made and provided, for which this Certificate shall be your sufficient Voucher and Authority. Given under my Hand, this

Day of

184 .

J.P. Received the

184 of the Pay. master of the Constabulary Force of the [County] of the Sum of

being the Amount of the Expenses paid to me under the above Certificate.

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CAP. LXX.
An Act to facilitate the Performance of the Duties of Jus-

tices of the Peace out of Quarter Sessions in Ireland, with
respect to Summary Convictions and Orders.

[28th July 1849.] THEREAS it would conduce much to the Improvement of

the Administration of Justice in Ireland, so far as respects Summary Convictions, and Orders to be made by Her Majesty's * Justices of the Peace therein, if the several Statutes and Parts

of Statutes relating to the Duties of such Justices in respect of such Summary Convictions and Orders were consolidated, . with such Additions and Alterations as may be deemed neces

sary, and that such Duties should be clearly defined by such positive Enactment:' 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 all Cases where an Information shall be laid In al} Cases before One or more of Her Majesty's Justices of the Peace for where Infor. any County, Division, Liberty, City, Borough, or Place within mation shall be

laid or ComIreland, that any Person has committed or is suspected to have plaint made of committed any Offence or Act within the Jurisdiction of such Offences comJustice or Justices for which he is liable by Law, upon a Sum- mitted, Justices mary Conviction for the same before a Justice or Justices of the may issue SumPeace, to be imprisoned or fined, or otherwise punished, and also

mons to Perin all Cases where a Complaint shall be made to any such Justice the same. or Justices upon which he or they have or shall have Authority by Law to make any Order for the Payment of Money or otherwise, then and in every such Case it shall be lawful for such Justice or Justices of the Peace to issue his or their Summons (A.) directed to such Person, stating shortly the Matter of such Information or Complaint, and requiring him to appear at a certain Time and Place before the same Justice or Justices, or before such other Justice or Justices of the same County, Division, Liberty, City, Borough, or Place as shall then be there, to answer to the said Information or Complaint, and to be further dealt with accord. ing to Law; and every such Summons shall be served upon the How Summons Person to whom it is so directed by delivering the same to the to be served. Party personally, or by leaving the same with some Person for him at his last or most usual Place of Abode; and the Person who shall serve 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 the said Summons: Pro- Justices not vided always, that nothing herein mentioned shall oblige any obliged to issue Justice or Justices of the Peace to issue any such Summons in Summonses in

certain Cases. any Case where the Application for any Order of Justices is by Law to be made ex parte: Provided also, that no objection shall No Objection be taken or allowed to any Information, Complaint, or Summons, Want of Form.

any alleged Defect therein in Substance or in Form, or for any Variance between such Information, Complaint, or Summons and the Evidence adduced on the Part of the Informant or Complainant at the Hearing of such Information or Complaint as

for

herein-after mentioned ; but if any such Variance shall appear to the Justice or Justices present and acting at such Hearing to be such that the Party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such Terms as he or they shall think fit, to adjourn the

Hearing of the Case to some future Day. If Summons be II. And be it enacted, That if the Person so served with a not obeyed, Summons as aforesaid shall not be and appear before the Justice Justices may

or Justices at the Time and Place mentioned in such Summons, issue Warrant; and it shall be made to appear to such Justice or Justices, by

Oath or Affirmation, that such Summons was so served what shall be deemed by such Justice or Justices to be a reasonable Time before the Time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon Oath or Affirmation being made before him or them substantiating the Matter of such Information or Complaint to his or their Satisfaction, to issue his or their Warrant (B.) to apprehend the Party so summoned, and to bring him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same County, Division, Liberty, City, Borough, or Place, to answer to the said Informa

tion or Complaint, and to be further dealt with according to Law; or may issue or upon such Information being laid as aforesaid for any Offence Warrant in the punishable on Conviction the Justice or Justices before whom first instance; such Information shall have been laid may, if he or they shall

think fit, upon Oath or Affirmation being made before him or them substantiating the Matter of such Information to his or their Satisfaction, instead of issuing such Summons as aforesaid, issue in the first instance his or their Warrant (C.) for apprehending the Person against whom such Information shall have been so laid, and bringing him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same County, Division, Liberty, City, Borough, or

Place, to answer to the said Information, and to be further dealt or if Summons, with according to Law; or if, where a Summons shall be so issued having been as aforesaid, and upon the Day and at the Place appointed in and duly served, be

by the said Summons for the Appearance of the Party so sumnot obeyed, the

moned, such Party shall fail to appear accordingly in obedience to proceed ex

such Summons, then and in every such Case, if it be proved upon parte.

Oath or Affirmation to the Justice or Justices then present that such Summons was duly served upon such Party a reasonable Time before the Time so appointed for his Appearance as aforesaid, it shall be lawful for such Justice or Justices of the Peace to proceed ex parte to the Hearing of such Information or Com. plaint, and to adjudicate thereon, as fully and effectually, to all Intents and Purposes, as if such Party had personally appeared

before him or them in obedience to the said Summons. Form of

III. And be it enacted, That every such Warrant to apprehend Warrant. a Defendant, that he may answer to any such Information or

Complaint as aforesaid, shall be under the Hand and Seal or Hands and Seals of the Justice or Justices issuing the same, and may be directed either to any Constable or other Person by Name, or generally to the Constables of the District within which the same is to be executed, or any of them, without naming them, or to such

Constables

Justices may

Constables and all other Constables within the County or other District within which the Justice or Justices issuing such Warrant hath or have Jurisdiction, or generally to all the Constables within such last-mentioned County or District, and it shall state shortly the Matter of the Information or Complaint

on which it is founded, and shall name or otherwise describe the Person against whom it has been issued, and it shall order the Constables or other Person to whom it is directed to apprehend the said Defendant, and to bring him before One or more Justice or Justices of the Peace (as the Case may require) of the same County, Division, Liberty, City, Borough, or Place, to answer to the said Information or Complaint, and to be further dealt with according to Law; and that it shall not be necessary to make such Warrant returnable at any particular Time, but the same may remain in full Force until it shall be executed ; and such Warrant may be executed by appre- Where and hending the Defendant at any Place within the County, Division, how Warrant Liberty, City, Borough, or Place within which the Justices issuing may be exethe same shall have Jurisdiction, or, in case of fresh Pursuit, at any Place in the next adjoining County or Place within Seven Miles of the Border of such first-mentioned County, Division, Liberty, City, Borough, or Place, without having such Warrant backed as herein-after mentioned ; and in all Cases where such Warrant shall be directed to all Constables or Peace Officers within the County or other District within which the Justice or Justices issuing the same shall have Jurisdiction, it shall be lawful for any Constable or other Peace Officer for any District or Place situate within the Limits of the Jurisdiction for which such Justice or Justices shall have acted when he or they granted such Warrant, to execute such Warrant in like Manner as if such Warrant were directed specially to such Constable by Name, and notwithstanding that the Place in which such Warrant shall be executed shall not be within the District or Place for which he shall be such Constable or other Peace Officer; and such of the Certain ProProvisions and Enactments contained in a certain Act of Parlia- visions of ment made and passed in this present Session of Parliament,

12 & 13 Vict. intituled An Act to facilitate the Performance of the Duties of backing of Justices of the Peace out of Quarter Sessions in Ireland, with Warrants to respect to Persons charged with Indictable Offences, as to the extend to Warbacking of any Warrant, and the Endorsement thereon by a rants issued Justice of the Peace or other Officer, authorizing the Person under this Act. bringing such Warrant, and all other Persons to whom the same was originally directed, to execute the same within the Jurisdic. tion of the Justice or Officer so making such Endorsement, as are applicable to the Provisions of this Act, shall extend to all such Warrants, and to all Warrants of Commitment issued under and by virtue of this Act, in as full and ample a Manner as if the said several Provisions and Enactments were here repeated and made Parts of this Act: Provided always, that no Objection shall No Objection be taken or allowed to any such Warrant to apprehend a Defen- allowed for dant so issued upon any such Information or Complaint as afore- Want of Form,

&c. in Warrant; said under or by virtue of this Act, for any alleged Defect therein in Substance or in Form, or for any Variance between it and the Evidence adduced on the Part of the Informant or Complainant as herein-after mentioned; but if any such Variance shall appear but if the Party ceived by the to the Justice or Justices present and acting at such Hearing to Variation, he be such that the Party so apprehended under such Warrant has may be com

to charged is de

been thereby deceived or misled, it shall be lawful for such Justice mitted or discharged upon

or Justices, upon such Terms as he or they shall think fit, to Recognizance; adjourn the Hearing of the Case to some future Day, and in

the meantime to commit (D.) the said Defendant to the House of Correction or other Prison, Lock-up House, or Place of Security, or to such other Custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a Recognizance (E.), with or without Surety or Sureties, at the Discretion of

such Justice or Justices, conditioned for his Appearance at the but if he fail to Time and Place to which such Hearing shall be so adjourned : Prore-appear, the

vided always, that in all Cases where a Defendant shall be disJustice may

charged upon Recognizance as aforesaid, and shall not afterwards transmit the

appear at the Time and Place in such Recognizance mentioned, Recognizance to the Clerk of then the said Justice who shall have taken the said Recognizance, the Peace, or any Justice or Justices who may then be there present, upon

certifying (F.) upon the Back of the said Recognizance the Nonappearance of the Defendant, may transmit such Recognizance to the Clerk of the Peace of the County, Division, Liberty, City, Borough, or Place within which such Recognizance shall have been taken, to be proceeded upon in like Manner as other Recognizances, and such Certificate shall be deemed sufficient primâ

facie Evidence of such Nonappearance of the said Defendant. Description of IV. And be it enacted, That in any Information or Complaint, the Property of or the Proceedings thereon, in which it shall be necessary to state Partners, &c.; the Ownership of any Property belonging to or in the

Possession of Partners, Joint Tenants, Parceners, or Tenants in Common, it shall be sufficient to name one of such Persons, and to state the Property to belong to the Person so named and another or others, as the Case may be, and whenever in any Information or Complaint, or the Proceedings thereon, it shall be necessary to mention, for any Purpose whatsoever, any Partners, Joint Tenants,

Parceners, or Tenants in Common, it shall be sufficient to describe of the Property them in manner aforesaid; and whenever in any such Informaof Counties;

tion or Complaint, or the Proceedings thereon, it shall be necessary to describe the Ownership of any Work or Building made, maintained, or repaired at the Expense of any County, Division, Liberty, City, Borough, or Place, or of any Materials for the making, altering, or repairing of the same, they may be therein

described as the Property of the Inhabitants of such County, Diviof the Property sion, Liberty, City, Borough, or Place respectively; and all Goods in Goods pro- provided by Guardians of the Poor or their Officers respectively vided for the

for the Use of the Poor may in any such Information or ComPoor;

plaint, or the Proceedings thereon, be described as the Goods of

the Guardians of the Poor of the Union to which the same of the Property belong, without naming any of them; and all Materials and Tools in Materials for provided for the Repair of Highways at the Expense of Baronies Roads; or other Districts in which such Highways may be situate may

be therein described as the Property of the County Surveyor or of the Property Surveyors respectively, without naming him or them; and all Main Materials for terials or Tools provided for making or repairing any Turnpike Turnpike

Road, and Buildings, Gates, Lamps, Boards, Stones, Posts, Fences, Roads, &c.; or other Things erected or provided for the Purpose of any such

Turnpike

7

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