in executing any warrant addressed to any sub-inspector shall and may be done in any like case by any member of the said police force (to be named by the said Commissioners or divisional Justices) in executing any such warrant, addressed either to the said Commissioners or to any other member of the said police force; and whatever may be done by any sub-inspector in certifying any warrant to the inspector general of constabulary may be done by the office sergeant or other member of the said police force to whom such warrant shall be addressed, in certifying the same to the said Commissioners; and whatever may be done by the said inspector general, or by either of the deputy inspectors genera of constabulary, in indorsing any warrant certified by any sub-inspector, may be done by the said inspector or deputy inspector general in indorsing any warrant, which shall be so certified to the said Commissioners, or which shall be addressed to the said Commissioners in the first instance, provided that such warrant shall have been first indorsed by one of the said Commissioners, and then transmitted by them to the said inspector general.

v. The manner in which all such penal sums as aforesaid shall be collected shall be as follows:

1. In every case where any such sums shall be levied under a warrant, the sub-inspector or the said Commissioners or office sergeant, as the case may be, to whom the said warrant shall be addressed, transmitted, or indorsed for execution, as herein before provided, shall either pay over the amount direct to the said officer of the court from which the said warrant was issued, or shall transmit the same to the said officer through the person to whom the said warrant was addressed in the first instance, according as he shall be directed by the chief or under secretary to the Lord Lieutenant :

2. In every case where such sums shall be paid to the keeper of any gaol or bridewell he shall indorse on the warrant of committal the amount and date of payment, and shall within fourteen days, or within such other period as the chief or under secretary shall direct, pay over the amount to the said officer of the court from which the warrant was issued; and the board of superintendence shall at least once in every month in the case of each gaol, and the Justices of the petty sessions district shall at least once in every three months in the case of each bridewell, and any other person or persons duly authorized by the said chief or under secretary in that behalf shall at any other times, examine the prison books, and shall require to see the receipt of the officer of the court from which the warrant was issued, in each case in which it shall appear that the person committed was discharged before the expiration of the period for which he was committed, and shall also compare the sum mentioned in such receipt with the amount in the warrant of committal, and shall certify in the said books that such receipt has been produced to him or them, and that such sums correspond, or otherwise, as the case may be:

3. In every case where any such penal sums shall be paid in court or to the said officer of the court (before the issue of a warrant), or shall be so paid over or transmitted to the said officer of the court (after the issue of a warrant), he shall receive the same, and shall at the time deliver or transmit a receipt for the same in the Form (B. a. or b.) to the person by whom the same shall be so paid or transmitted:

4. The said officer shall out of the sums so received pay to the several parties such portion of the same as shall have been awarded to them by the Court, and which shall be claimed by them either in court or at the public office of the said officer, taking from each of such parties a receipt for the same in the Form (B. c.):

And it shall not be lawful for any person, other than the said officers hereinbefore mentioned respectively, or their lawfully authorized deputies, if any, save the person to whom any warrant shall be delivered for execution, or the keeper of any gaol or bridewell to which the defendant shall be committed, as the case may be, to receive any such penal sum as aforesaid, or any part of the same; and if any other officer or person than the several officers or persons herein before mentioned respectively shall take or receive any such sum, or any part of same, from the person by whom the same shall be ordered to be paid, he shall, on conviction thereof before any two Justices of the county sitting in petty sessions, forfeit and pay for every such offence any sum not exceeding 101.

VI. The manner in which all such penal sums as aforesaid shall be accounted for shall be as follows:

1. It shall be lawful for the said chief or under secretary to make such general regulations as shall seem expedient for carrying into effect the provisions of this Act, for the better collection of all said sums, and the regular accounting for the same by all persons into whose hands the same shall come; and such persons shall keep and render account of said sums in such forms, and shall pay over said sums, and transmit for examination said warrant or receipt, at such times and in such manner as shall be directed by such general regulations, or as shall be at any time specially required by the said chief or under secretary; and it shall also be lawful for the said chief or under secretary to make such general regulations as shall seem expedient for the examination, checking, or countersigning of any of such accounts by any of the sub-inspectors, inspectors, or other members of the constabulary or police forces, as the case may be:

2. And to every such account shall be annexed a declaration in writing under the hand of the said officer, to be made before a Justice, affirming the truth and accuracy of such account; and every such officer who shall make any such declaration, knowing the said account to be false in any particular, and being thereof convicted, shall, in addition to any penalty to which he may be liable under the provisions of this Act hereinafter contained, be also liable to the penalties of wilful and corrupt perjury:

And if default shall at any time be made by any such officer or person in paying over any balance on such accounts, or any of such penal sums received by him, at such times as the said chief or under secretary shall direct, it shall be lawful for the said chief or under secretary to certify such default to any two Justices of the county, who shall thereupon issue the proper warrant for the levy of such balance or sums as shall have been so certified to be due by such officer or person, by distress and sale of his goods and chattels.

VII. In every case in which a fine shall not be imposed by any court of justice, but by some public officer or person legally authorized in that behalf, such officer or person shall make such entries and render such accounts of same, and shall pay over such fine or balance of fines, according to law, in such manner and at such times as the said chief or under secretary shall from time to time direct and require.

VIII. Any of the officers or persons hereinafter mentioned who shall commit any of the offences or neglects hereinafter mentioned, and who shall be convicted thereof before any two Justices of the county sitting in petty sessions, or at one of the said divisional police offices, shall be liable to forfeit for every such offence or neglect any sum not exceeding 201.; (that is to say), 1. Any such officer or person who shall at any time make default in making true and correct entries of all such penal sums as aforesaid, or in rendering due accounts of all such sums passing through his hands, or in paying over the same, at such times and in such manner as shall be required under the provisions of this Act:

2. Any member of the constabulary or metropolitan police forces by whom any warrant shall be executed, who shall neglect to pay over the amount received or levied thereunder, or to account for such levies, at such times and in such forms and with such vouchers as shall be required under the provisions of this Act:

3. Any keeper of any gaol or bridewell who shall neglect or refuse to pay over any sum so as aforesaid received by him to the officer of the court from which the warrant shall have been issued, or to transmit any such receipts or warrants, or to account for the same, at such time and in such manner as shall be required under the provisions of this Act:

4. Any such officer or person as aforesaid, or any other person, having any duty to perform under the provisions of this Act, who shall wilfully neglect or refuse to perform the same:

And the said Justices sitting as aforesaid are hereby authorized to impose the said penalties; and a certificate by the said chief or under secretary of such neglect or refusal shall be prima facie evidence of the same in any such proceeding before such Justices.

IX. It shall be lawful for any person against whom any order shall be made for payment of any such penal sum as aforesaid by any such Court or officer as aforesaid, exceeding the sum of 40s., and in cases of fines upon jurors whatever the amount may be, to appeal for the reduction or remission thereof by petition to the Court of Assizes which shall be held next after such order shall be made if the same shall be made at assizes, or to one of the superior courts of law in Dublin at the next term if the same shall be made by a superior court or to the Court of Quarter Sessions of the county which shall be held next after such order shall be made if the same shall have been made at Quarter Sessions, or to the recorder of Dublin at his next sessions if the same shall have been made at any of the divisional police offices of Dublin metropolis, or to the next Quarter Sessions to be held in the same division of the county where the order shall be made by any Justice or Justices in any petty sessions district, or to the recorder of any corporate or borough town where the order shall be made by any Justice or Justices in such corporate or borough town (unless when any such sessions shall commence within seven days from the date of any such order, in which case it may be made to the next succeeding sessions to be held for such division or town); and such appeal, when made against any order by the said divisional Justices or by any other Justice upon summary conviction, shall be subject in all respects to the provisions of the said Petty Sessions Act, but in every other case it shall be made by petition to the Court which shall have power to entertain the appeal, and shall be subject to the provisions following :

1. The person so entitled to appeal shall not exercise such right unless he shall enter into a recognizance (Form C.), with two sureties, in double the amount of the sum ordered to be paid, before any Justice, conditioned for the due prosecution of such appeal, and unless he shall also lodge with the officer of the court a certificate (Form D.) under the hand of the Justice by whom such recognizance shall have been taken, and which certificate any such Justice is hereby required to give, that such person has duly entered into such recognizance:

2. In every case where such certificate shall be so lodged with the said officer he shall suspend the issue of any warrant to execute the said order until such appeal shall have been decided, or until the appellant shall have failed to prosecute the same, as the case may be, or if such warrant shall have been issued he shall direct the person to whom it was addressed to suspend its execution for the like period; and in every case where such warrant shall have been issued the person to whom it was addressed shall, either upon being so directed by the said officer, or upon the said certificate being produced to him, suspend its execution for the like period; and in every case where the person against whom any such warrant shall be issued shall be in custody, or shall have been committed to gaol under the same, the Court by which the order shall have been made, or the officer by whom the warrant shall have been signed, shall, upon application being made to him in that behalf, forthwith order his discharge:

3. In every case where an appeal shall be so made the Judges of the said superior courts, Judge of assize, or assistant barrister, or recorder, as the case may be, shall and are hereby severally authorized to hear the matter of the said petition and to make such order thereon for confirming the original order, or for reducing or wholly remitting the fine or other penal sum, as may seem fit under all the circumstances of the case; and the proper officer of such court of appeal shall thereupon certify the said order under his hand to the officer of the court by which the original order shall have been made, who shall forthwith issue a warrant for the execution of same, if no warrant shall have been already issued, or shall indorse the same on the warrant if a warrant shall have been already issued, and direct the person to whom it shall have been addressed to proceed in its execution, or otherwise according to such indorsement; and in every case where such appeal shall be dismissed, or shall not be duly prosecuted, the said proper officer of the court of appeal shall so certify under his hand to the officer of the court by which the original order shall have been made, who shall thereupon proceed as if no such appeal had been made:

4. In every case where any fine shall be imposed on any person for non-attendance as a juror, and the order imposing such fine shall not be reversed upon any such appeal, it shall be lawful for such person in like manner to make a further appeal to one of the superior courts of law in Dublin, during the term next after such first-mentioned appeal shall have been decided, and it shall be lawful for such Court to hear and determine such appeal; and the several provisions herein before contained as to the suspension and subsequent execution of any warrant for the levy of such fine shall also apply to such last-mentioned appeal in like manner as to such first-mentioned appeal:

Provided always, that nothing herein contained shall be deemed in any way to limit or restrain the Lord Lieutenant, or the Lords Commissioners of Her Majesty's Treasury, or the Commissioners of Inland Revenue, from reducing or remitting any fine or sum imposed or ordered to be levied which by law he or they may be in any way authorized to reduce or remit.

x. In every case where any person who shall enter into a recognizance to keep the peace, or to appear to answer to any complaint as to an indictable offence, or to prosecute or give evidence in any case of an indictable offence, or to perform the duties of petty sessions clerk, shall in any manner fail to perform the condition of such recognizance, it shall be lawful for the several assistant barristers, recorders of cities or boroughs, and for the chairman of Quarter Sessions of the county of Dublin, as the case may be, upon conviction of such person of any offence that shall be a breach of the condition of the said recognizance, or upon the production of a certificate thereof, signed and attested by the proper officer in that behalf, that the person so bound by recognizance had failed to perform the condition of the same, to order that such recognizance shall be forfeited to such amount as such assistant barrister, recorder, or chairman shall think fit, and to direct a warrant to issue to levy such amount in like manner as other penal sums are directed to be levied by this Act: Provided always, that proof shall be first made on oath before such assistant barrister, or recorder, or chairman, that notice in writing has been given to or left at the usual place of abode of the party or each of the parties, if there be more than one, against whom it shall be sought to put such recognizance in force, seven days at the least before the commencement of the sessions at which such application shall be made, and such notice shall state in substance the cause or matter on which it is intended to sustain the application.

:

XI. The forms in the Schedule to this Act contained, or forms to the like effect, shall be deemed good, valid, and sufficient in law Provided always, that it shall be lawful for the chief or under secretary to the Lord Lieutenant from time to time to alter the said form of Book (A.) so far as to introduce into it such further particulars as may be necessary in order to adapt it to any state of facts either new or not provided for therein.

XII. No receipt, voucher, document, or instrument required to be given, made, or provided in pursuance of the provisions of this Act shall be subject to or chargeable with any stamp duty payable to the Crown.

XIII. In every case where the Act under which any penal sum shall be ordered to be paid as a penalty for an offence (and no sum shall be awarded to the complainant as compensation for damage), it shall be lawful for the Court to award any sum not exceeding one third of such penalty to the prosecutor or informer, and the remainder of such penalty and all other penalties shall be awarded to the Crown, any Act or Acts to the contrary notwithstanding: Provided always, that nothing herein contained shall be construed to alter the appropriation or application of any fine or penalty imposed at any of the divisional police offices of Dublin metropolis or by the Justices in any corporate town, and payable to any borough fund, but the same shall continue to be appropriated and applied as is now by law authorized, and shall be paid over to the same purposes from time to time in such manner and at such times as the chief or under secretary to the Lord Lieutenant shall direct.

XIV. All fines or penalties payable to the Crown, not being fines or penalties imposed at any of the said divisional police offices or by the Justices in any corporate town as aforesaid, and the amount levied under any forfeited recognizance, shall be from time to time lodged in the Bank of Ireland by the said several officers into whose hands the same shall come, in such manner as shall be from time to time directed by the chief or under secretary to the Lord Lieutenant, to the credit of the same fund and for the same purposes to which all fines and penalties payable to the Crown are now by law directed to be lodged.

xv. It shall be lawful for the Lord Lieutenant to charge the said fund with the payment of such expenses as may be necessarily incurred in the examination of the accounts to be rendered under the provisions of this Act, and in the supply of books for the entry of orders at petty sessions, and in otherwise carrying the provisions of this Act and of the said Petty Sessions Act into effect.

XVI. The several chief clerks of the said several divisional police offices, or such other clerks as may be deputed as aforesaid at the said divisional police offices, shall give such security for the proper accounting for all fines or other monies which may pass through their hands, under the provisions of this Act, as the said chief or under secretary shall direct, in like form and manner as is required to be given by each clerk of petty sessions under the provisions of the said Petty Sessions Act. XVII. An abstract account of all fines and other penal sums accounted for under the provisions of this Act shall be annually laid before both Houses of Parliament as soon as the accounts for each year shall have been examined and declared.

XVIII. In the interpretation of this Act, save where there is anything in the subject or context repugnant to such construction, the word "county" shall be deemed to include "county of a city," "county of a town," or "riding of a county;" the words "Lord Lieutenant" shall include any other "chief governor or governors of Ireland;" the word "Justice" shall mean Justice of the Peace, and include a Justice of the divisional police office of Dublin metropolis; the word "gaol" shall include any "house of correction" or "bridewell" or other legal place of imprisonment of the county; the words "keeper of the gaol" shall include the governor, gaoler, or other keeper of any such gaol or bridewell; the word "goods" shall include "chattels ;" and the word " oath" shall include "affirmation ;" and the reference to forms by letters shall be deemed to be to the Forms in the Schedule to this Act.

XIX. From and after the commencement of this Act a certain Act, 6 & 7 Vict. c. 56, intituled An Act for the better Collection of Fines, Penalties, Issues, Deodands, Amerciaments, and forfeited Recognizances in Ireland, and for the Appropriation thereof,' shall be and the same is hereby repealed, together with all other Act or Acts or parts of Acts which are inconsistent with the provisions of this Act, except as to any matter which shall have occurred before the passing of this Act, or any accounts or proceedings now pending to which the same or any of them are applicable.

xx. In citing this Act in other Acts of Parliament, or in any legal or other instruments or proceedings, it shall be sufficient to use the expression "The Fines Act (Ireland), 1851."

XXI. This Act shall commence and take effect upon the 1st of November 1851.

XXII. This Act shall extend to Ireland only, except so far as relates to the backing and execution of warrants.

XXIII. The Schedule to this Act annexed shall be deemed and understood to be part of this Act.

The undersigned principal Party to this Recognizance hereby binds himself to perform the following
Obligation; viz.
To attend the (2)

(2) the Court of Assizes, or Quarter Sessions or other Court of Appeal.

Day of

at

o'clock in the Forenoon, and there to prosecute his appeal against the said Order. And the said principal Party, together with the undersigned Sureties hereby severally acknowledge themselves bound to forfeit to the Crown the Sums following; viz. the said principal Party the Sum of each, in case the said principal

and the said Sureties the Sum of

Party fails to perform the above Obligation.