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Circular Letters and Opinions from Dublin Castle on Miscellaneous Subjects. 384-397

General Index to the whole,

399

THE JUSTICE OF THE PEACE

FOR

IRELAND.

SUMMARY JURISDICTION.

In the Jurisdiction Column, for the sake of brevity, the words "in default, &c.," will mean in default of payment of the penalty and of sufficient goods to satisfy the amount. H. L., hard labour. 1 J. or 2 J. denotes whether one or two Justices may

hear the case.* Where the words are "fine or imprisonment," omitting the words "in default, &c." it will be found that the words of the Statute are followed, which leaves it in the discretion of the Justice either to impose the fine or to inflict the punishment without a fine.

Offence, or cause of Complaint.

ABETTORS:

Statute.

Extent of Jurisdiction.

Aiders or abettors in offence of simple 14 & 15 Vic.
larceny, where the age of offender
does not exceed 14 years.
In offences punishable on summary
conviction under the Larceny Act.

c. 92, s. 6.

24 & 25 Vic.
c. 96, s. 99.

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Number of Justices Requisite. It will be seen that two Justices are sufficient to try any case to be decided in Petty Sessions, in most instances one is only requisite. Indeed it will, perhaps, in general be found that the decision of one or two affords less ground for objection than that of a greater number. On this subject a moral and political philosopher has sharply observed-"Judges, when they are numerous divide the shame of an unjust determination; they shelter themselves under one another's example; each man thinks his own character hid in the crowd: for which reason the Judges ought always to be so few, as that the conduct of each may be conspicuous to public observation; that each may be responsible in his separate and particular reputation for the decisions in which he concurs."

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* An accessory before the fact to a felony is one who counsels, incites, moves, procures, hires, or commands another to commit it, but is not himself present, aiding or abetting in the commission of it.-2 Hawk., c. 29, s. 16.

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* 24 & 25 Vic., c. 66, s, 1.—" If any person called as a witness in any Court of Criminal Jurisdiction in England or Ireland, or required or desiring to make an Affidavit or Deposition in the course of any criminal proceeding, shall refuse or be un-< willing, from alleged conscientious motives, to be sworn, it shall be lawful for the Court or Judge, or other presiding Officer or Person qualified to take Affidavits or Depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn Affirmation or Declaration, in the words following, viz.:

"I, A. B., do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful; and I do also solemnly sincerely, and truly affirm and declare, &c.'

Which solemn Affirmation and Declaration shall be of the same force and effect as if such person had taken an oath in the usual form."

Sec. 2.-If wilfully false, &c., punishable as for perjury.

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