Page images
PDF
EPUB

Esquires, Two of Her Majesty's Justices of the Peace in and for the said County, but the said A.B., although duly called, did not appear by himself, his Counsel or Attorney, and it was then satisfactorily proved to the said Justices that the said A.B. had been duly served with the Summons in that Behalf, which required him to be and appear there at that Day before such Two or more Justices of the Peace as should then be there, to answer the said Complaint, and to be further dealt with according to Law]; and then, having heard the Matter of the said Complaint, and it being then duly proved to the said Justices upon Oath [in the Presence and Hearing of the said A.B.] that an Assessment for the [Relief of the Poor, or the Maintenance of the Highways] of the said Parish of dated the

was duly made, allowed, and published, and that the said A.B. was therein and thereby assessed at the Sum of aforesaid, and that the said Sum had been duly demanded of the said A.B., but that he had not paid, and had refused and still refused to pay the same, and the said A.B. then not showing to the said E.F. and G.H. any sufficient Cause for not paying the same, the said Justices thereupon then issued a Warrant to commanding them to levy the said Sum of

and the Sum of for the Costs incurred in obtaining that Warrant, by Distress and Sale of the Goods and Chattels of the said A.B.: And whereas it now appears to me, the undersigned, One of Her Majesty's Justices of the Peace in and for the said [County], as well by the Return of the said

to the

said Warrant of Distress as otherwise, that the said hath made diligent Search for the Goods and Chattels of the said A.B., but that no sufficient Distress whereon to levy the said Sums above mentioned could be found: These are therefore to command you the said [Churchwardens and Overseers or Surveyors,] and Constable and Peace Officers, or some or one of you, to take the said A.B., and him safely to convey to the [House of Correction] at aforesaid, and there deliver him to the said Keeper, 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], there to imprison him for the Space of unless the said Sums of together with the Sum of said Distress, and the further Sum of Costs and Charges of this Commitment, and of taking and conveying the said A.B. to Prison, making in the whole the Sum of shall be sooner paid unto you the said Keeper; and for your so doing this shall be your sufficient Warrant. Given under my Hand and Seal this

[blocks in formation]

and

for the Costs attending the

being the

Day of

in the [County]

[blocks in formation]

For an Act by

a Justice of Peace in Ire

land within his

Jurisdiction

the Action shall

be on the Case, and it shall be

alleged to have

been done maliciously, and without probable Cause.

For an Act done by him without Juris. diction, or exceeding his Jurisdiction, an Action may be maintained without such Allegation;

but not for an Act done under

a Conviction or Order, until

shall have been

quashed;

12 VICT. Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Action hereafter to be brought against any Justice of the Peace in Ireland in any of Her Majesty's Superior Courts of Law at Dublin for any Act done by him in the Execution of his Duty as such Justice, with respect to any Matter within his Jurisdiction as such Justice, shall be an Action on the Case as for a Tort; and in the Declaration it shall be expressly alleged that such Act was done maliciously, and without reasonable and probable Cause; and if at the Trial of any such Action, upon the General Issue being pleaded, the Plaintiff shall fail to prove such Allegation, he shall be nonsuit, or a Verdict shall be given for the Defendant.

II. And be it enacted, That for any Act done by a Justice of the Peace in a Matter of which by Law he has not Jurisdiction, or in which he shall have exceeded his Jurisdiction, any Person injured thereby, or by any Act done under any Conviction or Order made or Warrant issued by such Justice in any such Matter, may maintain an Action against such Justice in the same Form and in the same Case as he might have done before the passing of this Act, without making any Allegation in his Declaration that the Act complained of was done maliciously, and without reasonable and probable Cause: Provided nevertheless, that (in any Case where a Conviction may be quashed either upon Appeal or upon Application to Her Maafter such Con- jesty's Court of Queen's Bench) no such Action shall be brought viction or Order for anything done under such Conviction or Order until after such Conviction or Order shall have been quashed, either upon Appeal or upon Application to Her Majesty's Court of Queen's Bench; nor shall any such Action be brought for anything done under any such Warrant which shall have been issued by such Justice to procure the Appearance of such Party, and which shall have been followed by a Conviction or Order in the same Matter, until after such Conviction or Order shall have nor for an Act been so quashed as aforesaid; or if such last-mentioned Warrant shall not have been followed by any such Conviction or Order, or if it be a Warrant upon an Information for an alleged indictable Offence, nevertheless if a Summons were issued previously to such Warrant, and such Summons were served upon such Person, either personally or by leaving the same for him with some Person at his last or most usual Place of Abode, and he did not appear according to the Exigency of such Summons, in such Case no such Action shall be maintained against such Justice for anything done under such Warrant.

done under a Warrant to compel Appearance, if a

Summons were previously served and not

obeyed.

If One Justice

tion or Order, and another grant a Warrant upon it, the Action

III. And be it enacted, That where a Conviction or Order make a Convic shall be made by One or more Justice or Justices of the Peace, and a Warrant of Distress or of Commitment shall be granted thereon by some other Justice of the Peace bonâ fide and without Collusion, no Action shall be brought against the Justice must be brought who so granted such Warrant by reason of any Defect in such only against the Conviction or Order, or for any Want of Jurisdiction in the

former, for a

a.

Justice

6

Justice or Justices who made the same, but the Action (if any) Defect in the shall be brought against the Justice or Justices who made such Conviction or Conviction or Order.

Order.

tress Warrant

IV. And be it enacted, That where any Poor Rate shall be No Action for made, allowed and published, and a Warrant of Distress shall issuing a Disissue against any Person named and rated therein, no Action for Poor Rate shall be brought against the Justice or Justices who shall have by reason of granted such Warrant by reason of any Irregularity or Defect any Defect, or that the Party in the said Rate, or by reason of such Person not being liable is not rateable. to be rated therein; and that in all Cases where a discretionary No Action Power shall be given to a Justice of the Peace by any Act or against Justices Acts of Parliament, no Action shall be brought against such they exercise a Justice for or by reason of the Manner in which he shall have discretionary exercised his Discretion in the Execution of any such Power. Power.

for the Manner

to do it, and no

V. And whereas it would conduce to the Advancement of If a Justice 'Justice, and render more effective and certain the Perform- refuse to do an Act, the Court 'ance of the Duties of Justices, and give them Protection in of Queen's the Performance of the same, if some simple Means, not Bench may by ' attended with much Expense, were devised by which the Rule order him Legality of any Act to be done by such Justices might be Action shall be 'considered and adjudged by a Court of competent Jurisdiction, brought against and such Justice enabled and directed to perform it without him for doing it 'Risk of any Action or other Proceeding being brought or had ' against him:' Be it therefore enacted, That in all Cases where a Justice or Justices of the Peace shall refuse to do any Act relating to the Duties of his or their Office as such Justice or Justices, it shall be lawful for the Party requiring such Act to be done to apply to Her Majesty's Court of Queen's Bench in Ireland, upon an Affidavit of the Facts, for a Rule calling upon such Justice or Justices, and also the Party to be affected by such Act, to show Cause why such Act should not be done; and if after due Service of such Rule good Cause shall not be shown against it, the said Court may make the same absolute, with or without or upon Payment of Costs, as to them shall seem meet; and the said Justice or Justices upon being served with such Rule absolute shall obey the same, and shall do the Act required; and no Action or Proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices for having obeyed such Rule, and done such Act so thereby required as aforesaid.

under a War

VI. And be it enacted, That in all Cases where a Warrant After Convicof Distress or Warrant of Commitment shall be granted by a tion or Order confirmed on Justice of the Peace upon any Conviction or Order which, Appeal, no either before or after the granting of such Warrant shall have Action for anybeen or shall be confirmed upon Appeal, no Action shall be thing done brought against such Justice who so granted such Warrant for rant upon it. anything which may have been done under the same by reason of any Defect in such Conviction or Order. VII. And be it enacted, That in all Cases where by this Act brought where it is enacted that no Action shall be brought under particular by this Act it Circumstances, if any such Action shall be brought it shall be prohibited, a lawful for a Judge of the Court in which the same shall be Judge may set

If an Action be

is

aside the Pro

brought, ceedings.

After Com

mencement of

this Act the

tutes or Parts

of Statutes repealed.

XVII. And be it enacted, That from and after the Time this Act shall so commence and take effect as aforesaid the folfollowing Sta- lowing Statutes and Parts of Statutes, except so far as they may repeal other Statutes, shall be and shall be deemed and taken to be repealed; that is to say, so much of an Act of Parliament made and passed in Ireland in the Tenth Year of the 10 Car. 1. st. 2. Reign of His Majesty King Charles the First, intituled An c. 16. (I.) Act for Ease in pleading against troublesome and contentious Suits prosecuted against Sheriffs, Justices of Peace, Mayors, Constables, and certain other Officers, for the lawful Execution of their Office, as relates to Actions against Justices of the Peace; and so much of an Act made and passed in the Fortythird Year of the Reign of His Majesty King George the Third, 43 G. 3. c. 143. intituled An Act for the rendering Justices of the Peace and Governors and Deputy Governors of Counties and Places in Ireland more safe in the Execution of their Office; and for indemnifying Constables and others acting in obedience to the Warrants of such Justices of the Peace, Governors, and Deputy Governors respectively, as relates to Actions against Justices of the Peace; and a certain other Act made and passed in the Forty-third Year of the Reign of His late Majesty King 43 G. 3. c. 141. George the Third, intituled An Act to render Justices of the Peace more safe in the Execution of their Duty; and all other Act or Acts or Parts of Acts which are inconsistent with the Provisions of this Act; save and except so much of the said several Acts as repeal any other Acts or Parts of Acts, and also except as to Proceedings now pending, to which the same or any of them may be applicable.

Act to apply to Persons protected by the repealed Statutes.

Act may be amended, &c.

XVIII. And be it enacted, That this Act shall apply for the Protection of all Persons for anything done in the Execution of their Office, in all Cases in which, by the Provisions of any Act or Acts of Parliament, the several Statutes or Parts of Statutes herein-before mentioned and by this Act repealed would have been applicable if this Act had not passed.

XIX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

CAP. XVII.

An Act to continue for Five Years so much of an Act
of the Second and Third Years of Her present
Majesty as enables Justices to grant Warrants for
entering Places in which Spirits are sold without
Licence in Ireland.
[11th May 1849.]

WH VHEREAS by an Act passed in the Second and Third Years of the Reign of Her present Majesty, intituled 2&3 Vict. c.79. An Act for the better Prevention of the Sale of Spirits by unli'censed Persons in Ireland, it is amongst other things enacted, "that if during the Space of Five Years from the passing of "the said Act any Officer or Constable of Police shall make

" 66 Oath

6.66

"Oath in Writing, to be by him taken and subscribed before "a Justice of the Peace within his Jurisdiction (which Oath 6.66 every such Justice is thereby empowered to administer and "receive), that he, the said Officer or Constable, has good "Reason to believe that Spirits are retailed or sold without "a Licence, or kept for Sale without Licence, in any Room, "House, or other Place within the said District, at or over "the outer Door of which Room, House, or Place no Sign "or Notice is posted or written, importing that the Owner or "Occupier thereof is licensed to sell Spirits, it shall be lawful "for such Justice, by Warrant under his Hand and Seal, to ""authorize and empower, within the Police District of Dublin Metropolis any Justice or Superintendent Inspector of Police, "" and in any other Part of Ireland any Justice or Sub-Inspector "or Chief Constable of Police, to enter into any such Room, "House, or other Place as aforesaid at or over the outer Door "of which no such Sign or Notice shall be posted or written:" And whereas certain other Provisions of the like temporary • Nature are contained in the said recited Act imposing Penalties on Persons who shall be convicted of having been found in such • unlicensed Premises, and to have been drinking or tippling 'therein, or who shall delay to admit Justices and others seeking to enter such Premises for the Purposes of executing such Warrant, or who shall maliciously or without probable Cause 'make such Oath, or enter such Premises, or apprehend Persons who shall not be or shall not have recently been tippling 'therein, and also to define what shall be sufficient Evidence for the Purpose of such Conviction in the Manner in the said Act specified: And whereas the said recited Provisions of the 7&8 Vict. c. 82. said Act were by an Act of the Seventh and Eighth Years of the Reign of Her present Majesty continued in force for the further Period of Five Years, and will expire on the Twentyfourth Day of August in this present Year, and it is expedient

[ocr errors]
[ocr errors]
[ocr errors]

Act continued

to continue the same:' Be it therefore enacted by the Queen's Recited Promost Excellent Majesty, by and with the Advice and Consent visions of said of the Lords Spiritual and Temporal, and Commons, in this for Five Years. present Parliament assembled, and by the Authority of the same, That the said recited Provisions of the said Act shall be and continue in force for the further Period of Five Years from the said Twenty-fourth Day of August in this present Year.

II. And be it enacted, That in every respect, save where it Provisions of is expressly altered by this Act, the said first-recited Act, and recited Act to every Clause, Matter, and Thing therein contained, shall be and apply to this remain in full Force, and shall apply to this Act, as if the same hereby altered. were herein re-enacted.

Act, except as

III. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended, &c. Parliament.

CAP.

« PreviousContinue »