of warrant, 179; replevisable, 180; but not under weighmaster acts, 693; distress warrant, no priority over fi. fa., 180; for committal and vice versa, 348; withholding, in case between master and servant, 628.
DISTRICTS of petty sessions, formation of, 19, 321; when to be noticed in the conviction, 169; judicial notice of, 202.
DISTURBING divine worship, 673, 674.
DITCHES, deepening with assent of surveyor, 394; owners of road ditches, to clean, 397.
DITCH, open and offensive, 480; primâ facie, belongs to owner of field, 570; see as to ditch on public roads, 394, 397.
DIVINE WORSHIP, disturbing, 673, 674.
DIVISION of opinion among J. P.s. 33.
DIVISIONAL JUSTICES, their jurisdiction, 20; may act alone, 33.
DOCKS, regulations of; see APPENDIX, 601; setting fire to, 603.
DOCUMENTS, summons to produce, 73.
DOGS, stealing, 429; setting on, on public road, 398; setting on person is an assault, 64; unlogged or unmuzzled by roadside, 399, 400; dangerous, may be ordered to be killed, 400; of persons not qualified, 580; fighting. 483; swimming in reservoir or water work, &c. 460, 493; larceny of, 429; may be a common nuisance, 645; for killing game, certificate necessary, 493; form of warrant to destroy, 595; qualification to keep, 573, 575, 579; allowing to be at large in streets, &c. 687.
DOOR, breaking, to execute search warrant, 44, 52.
DOVE, shooting at, 575; larceny of, 430.
DRAINS, in towns, regulations, 691; by public roads, offences as to, 394. DRAINAGE, offensive, 480; maintenance of navigation, 493; regulation in towns, 691.
DRINK, adulteration of, 33, 392, 563.
DRIVER, of public coach, &c. penalty, for carrying more than proper num- ber, &c., 401; misconduct of, 402 to 405; driving furiously, 493; leaving horses loose, id.; allowing others to drive, id.; driving cattle negligently, 398; age of, 405; compensation for damage done by, 406; cruelty to animals, 483.
DROWN, attempt to, 493.
DRUG, administering unlawfully, 494.
DRUNKENNESS, punishment for offence of, 494; may be heard out of P. S. 32, 327; to what gaol committal made to, 361, 494; legal effect on crime, 125.
DUBLIN METROPOLIS, jurisdiction of J. P. 20; petty sessions act not to extend to, 367.
DUCK, destroying nest of wild duck, 578; trepass in pursuit of, 580.
DUNG, laying on roads, 399.
DWELLINGS of the poor, jurisdiction of J. P., 494
DWELLING HOUSE, damaging, &c. 494.
DYE STUFF, putting in rivers, &c. 532; regulations as to dye works, 461, DYING DECLARATIONS, principle of, 91; requisites of, id.; to be taken without oath, 92; general instructions for taking, 93. EDUCATION. See INDUSTRIAL SCHOOLS.
EEL WEIRS. See FISHERIES.
EGGS OF GAME, &c. destroying, 575.
EJECTMENT. See LANDLORD AND TENANT.
ELECTIONS, offences at parliamentary, 495; of petty session clerk 308. ELECTRIC TELEGRAPH, injuring, &c. or attempting to injure, 442. EMBEZZLEMENT, definition of offence, 495; distinction between, and larceny, id.; see generally, id.
EMBLEMS. See PARTY PROCESSIONS.
EMBRACERY, offence of, 496.
EMERGENCY, issuing of warrant, 41.
ENCROACHMENTS ON COMMONS, 496.
ENFORCEMENT OF ORDERS on summary conviction, 103, 174, 351.
ENGINES, obstructing, 510; injuring, 496.
ENGINEER offending against public works commissioners, 668.
ENGLAND. See GREAT BRITAIN.
ENLISTMENT, offences connected with, 496.
ENTRY, false, may be erased by mandamus, 146; of appeal, 194, 195; of fines, 382; forcible, 567; on lands for public works, 669
ESCAPE to avoid arrest, 43, 52; to avoid being served with summons, 330; of prisoner, 56, 496.
ESTREATING recognizances, 362; see RECOGNIZANCE.
EVIDENCE, return of, See CERTIORARI; in indictable offences, how to be taken, 73, 84, 335; variance in, and information, 127; in summary proceedings, 75; taking evidence in summary proceedings, 140; variance in, and complaint, 141, 366; of fact within jurisdiction, 141; as to time of offence, id.; to negative an exception or condition, 142; of damage, id.; making observations upon, 143; in excise and custom cases, 144.
EXAMINATION. See WITNESS; duty of J. P. on taking, 71; of wit- nesses, 72; of witnesses in indictable offences should be separate, 72, 84 ; procuring attendance of witness, 73; witness to produce papers, &c. 73; of husband or wife, 74; of witnesses in excise and custom and game cases, 76; of witness to be upon oath, 77; of form of, id.; of Quakers and others, 80; of witness on taking informations, 83; of witness for prisoner, 87; defect in information, &c. 88; after a remand, id.; accused entitled to copy of, 89; defendant to be present, 84; to be returned for trial, 334; clerk neglecting to return them, 324; mode of making return, 114, 194, 334; in summary proceedings may be taken down, 139, 140.
EXCEPTIONS, to be negatived, 125, 142, 158; negatived in convictions, 158; distinction between, and proviso, id.
EXCISE, second information for same offence, 13; cases, jurisdiction of J.P., 19, 21; compromise of offence, 37; whether defendant may be witness, 76; acts connected with game, 120; limitation of prosecutions, 120; who may make an information, id.; who may conduct proceedings, id.; service of summons, 131; mode of conducting proceedings, 144; evidence in, id.; as to form of convictions, 149; notice of appeal in excise cases, 185, 187; cases not comprised in P. S. Act, 368; for procedure in case of, 497 to 507; prosecutions before J. P. 497; to meet to adjudge cases, id.; no officer of, to act as J. P. 498; seizure of forfeited goods, id. ; limit of prosecution, id.; joint and several prosecutions, id.; J. P. to pro- ceed to give judgment, 498; hearing of case, 499; where one J. P. may act alone, id.; summons and service, id.; when party informed against in prison, 499, 50; how judgment to be given, 500; how value of goods ascertained, id.; penalties, id. ; mitigation of, id.; application of, 501; condemning goods, id.; evidence in, id. ; proof on trial, 502; appeal in, 503; adjournment, 504; warrants for levy of penalty, id., 505; enforcing judgments, &c. 505; warrants to be executed on endorsement, 506; complaints as to overcharges, id.
EXECUTION of warrant, 41, 179, 359.
EXEMPTIONS, negativing, 125, 142. See EXCEPTIONS.
EXPENSES, in case of larceny, ordered, 614; of conveying prisoner, 112, 360.
EXPLOSIVE SUBSTANCE, search warrant for, 450; causing injury by, 507.
EXPOSING naked person, nuisance, 645.
EXTORTION, offence of, 507.
FACTOR, frauds by, 507.
FACTORIES, offences as to, 507 to 509.
FALSE ENTRY, may be erased by mandamus, 146.
FALSE IMPRISONMENT, offence of, 509; by constable, 50. FALSE LIGHTS, exhibiting, 619, 639.
FALSE PRETENCES, offence of, 509.
FALSE REPRESENTATION, damages cannot be sued for before J. P.
FALSE WEIGHTS. See WEIGHTS AND MEASURES.
FARES OF HACKNEY CARRIAGES in towns, 690.
FEES, payable by J. P. 3; to be taken by P. S. clerk on case stated, 213; stamps in lieu of, to P. S. clerk, 311; dies to be provided for stamps, id. ; J. P. to enforce payment of, to P. S. clerk, 312; J. P. may remit, 313; scale of, to be charged by P. S. clerk, 315; when he should not charge, 317; to pound keeper, 416; for P. S. clerk on inquiries at wrecks, 704. FELONY, J. P. admitting to bail, 95; information of committal of, 328; FENCE, injuring or destroying, 441; stealing or cutting with intent to steal, 432; possession of stolen, 433; of roads altered without assent of surveyor, 394; owners of road fences to clean, id.; ordered to be repaired by J. P. 422; ownership of fence, 570.
FERN, burning on mountain, 574, 577.
FERRETS, using, 572.
FERRYMAN demanding toll from mail, 660.
FEVERS, prevention of, 481.
FIGHT, for a prize, an assault, 64; challenging to, 468.
FINE, to be definite in commitment, 109; remission of, by Lord Lieuten- ant, 113; how to be directed in conviction, 163, 349; awarding to com- plainant, 166, 349, 350; power of crown to remit, 113; when to be paid, 163, 347; in default of payment, imprisonment, id.; on payment, prisoner to be liberated, 348; with or without hard labour, 349, 164; a third may be awarded to informer, 166, 350; on payment of, no distress, 359, 177; on payment of, prisoner to be discharged, 360, 179; P. S. clerk to keep account of, 382; entry of, id.; when warrant to issue, id.; not to be levied by sheriff, 383; to whom warrants to be addressed, id.; collection of, 284; board of superintendence to compare books, id.; who are to receive, 385; mode of accounting for, id. ; penalties for offences against act, 386; appeal against such penalties, 387; estreating recognizances, 388; appropriation of, 166, 389; application in fishery cases, 510. FIRE ARMS, using on roads, 398.
FIRE ENGINES, wilfully injuring, 510.
FIRE WORKS, using on roads, 398; in the streets, 509; search warrant for, 450.
FIRST OFFENCE, conviction for, 114, 424.
FISH, larceny of, 430; tackle of anglers may be taken, 431; offering bad, for sale, 392; liberty reserved to, 570; ponds, malicious injuries to, 485. FISHERIES, jurisdiction of J. P. 23; Petty Sessions Act extends to the fishery laws, 368; how penalties to be awarded, 510, 314, 551; com- missioners, 511; using shores for nets, 511; use of shore, &c. by watch man, 511; penalties on persons obstructing fishermen, 511; regulations as to sea nets, 511; when herring nets, &c. may be set, 511, 542, 545; penalty for not hauling up nets, 512; penalty on use of trawl and tram- mel nets, 512; nets not to be used contrary to bye-laws, id.; bait beds may be made, id.; discharging ballast in improper places, 513; coasts to be divided into districts, 513; names of owners to be placed on boats, 533; fishing vessels to be registered and marked, 513; power to erect stake nets and other fixed nets, 514; a net fixed to a pole is not a fixed net, 557; proprietors and lessees of lands may erect fixed nets where no several fishery exists, 515; size of meshes, 515, 529, 545; net not to be injurious to navigation, 516; using unlawful nets, 528, 529; stake nets, &c. not to be placed in mouths of rivers, &c. 516, 543; defining mouths of rivers, 517, 542, 544, 558; where weir twenty years old, 517; how far stake net to extend, 517, 561; draw net for salmon not to be used in narrow rivers, &c. 517, 518, 561; assaults on persons fishing in a legal manner, 518, 449; nets for taking eels, 518; penalty for having salmon or trout in close season, 519, 530, 559; power to alter close season, 519, 542; see further as to close time for salmon, &c., 547, 551; and for trout, 562; using wiers in close time, 562; weirs, nets, &c, for taking salmon, to be removed during close season, 520, 521, 559; saving as to weirs, &c., used to catch white sea fish, 521; as to mill sluices, 560; salmon, &c., not to be taken from Saturday evening to Monday morning, 522, 560; in all salmon wiers a free gap to be left, 523, 558; regulations as to spur and tail walls, 524; as to mill weirs legally used for fishing, id. ; persons not to obstruct or fish at queen share, 525; regulations as to cribs, &c., in fixed weirs for taking of salmon, &c., 525; power to erect new wiers, 526; penalty for use of illegal weirs, 554, 557; in all dams, &c., free passage for fish, 526; same in natural ob structions, 527; nets not to be used for taking salmon in inland waters, 528; angling, 529; tackle of anglers may be taken, 431; cross lines pro- hibited, 529; penalty on trespassers, 529, 431; fishing in private ponds, 531, 430; penalties for killing or taking fish in or from several fisheries, 552; as to the powers and the exercise of jurisdiction of J.P. in such a case, id.; colourable title, 553; definition of a several fishery, 555; as to patent excluding right to fish for other fish than salmon, id.; what a grant will pass, id.; there may be a several fishery in the open sea, 552; penalty for using boats without permission, 529; stealing from, 462; taking fry or spawn of salmon, &c. 529, 531; having or offering for sale unclean fish, 530; taking fish at mills or factories or in diverted rivers, 530; gratings to be placed in water courses, 531; taking salmon or trout at night, 531; throwing poison into rivers, 532, 430, 560; appointment of water bailiffs, 533; stamps on appointment, 545, 551; powers of, 533, 550; warrant to enter suspected places, 534; coast-guard to enforce fishery acts, id.; power to arrest, 535; offence of using violence, 535; assaulting commissioners, &c. 536; they may make bye-laws, id.; copies of bye-laws to be sent to the clerk of the peace, 537; publication of bye- laws, id.; recovery of expenses, 538; jurisdiction of offences at sea, id. ; on waters bounding counties, 562; penalties and conviction, 539; how illegal nets may be destroyed, 540; return of convictions to be made to
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