or persons aiding or assisting such victualler or person selling or licensed No. XXXIII. 5 Geo. IV. c. 102. to be levied by Distress and Sale; in Default Offender to be committed for One Month. Penalty on Victuallers, &c., refusing to admit such Justices or Constables, not exceeding 5.; to be levied by Distress. Penalty on Victuallers, &c., in whose Houses Persons shall be found Tippling or Gaming, 21. for First Of fence, 201. for the Second, and 50 for the Third, and For XIX. And be it further enacted, That every victualler or other person selling or licensed to sell beer ale or spirituous liquors, within the police district of Dublin metropolis, in whose dwelling-house or other place any journeyinan, apprentice, servant, artificer, labourer, sailor, seafaring man, or soldier, or any person of the female sex, shall be found, or shall appear to be or to have recently been drinking tippling or gaming therein, at any hour or time which is or shall be then prohibited by law, or after the hour of twelve of the clock at night, not being a ludger or inmate in such house or place, shall upon conviction thereof in a sum niary way, before any one of the divisional justices of the division in which such dwelling-house or place shall be situate, or before any one justice of the castle division, forfeit and pay the sum of two pounds for the first offence, and shall for the second offence forfeit and pay the sum of twenty pounds, and shall for the third offence forfeit and pay the sum of fifty pounds; and upon conviction for such third offence, the licence of such victualler or other person shall be forfeited, and shall be and become absolutely null and void; and the said penalties of two pounds, to be levied by twenty pounds, and fifty pounds, in default of payment on demand, shall Distress; be levied by distress and sale of the offender's goods, and when levied shall be paid over to the receiver of the public offices; and in default of or Imprisonsufficient distress, it shall and may be lawful for the convicting justice to ment, not ex commit the offender to the house of correction, for any space of time not ceeding One 2K 2 feiture of Month. No. XXXIII. 5 Geo. IV. c. 102. Proof to be on Victualler that Parties tippling were not Apprentices, &c., or were Lodgers. So much of re cited Act as relates to taking out Licence for keeping Hotels for Entertainment of nightly Lodgers, repealed. Justices of Castle Division empowered to make Rules and Regulations for the Stands and Conduct of DriCarriages, &c., to be approved of by the Recorder. vers of hired exceeding one calendar month: Provided always, that upon the trial of any information or complaint for any such offence, any person having been in such dwelling-house or place, and who in or by such information or complaint shall be stated to be a journeyman, apprentice, servant, artificer, labourer, sailor, seafaring man, or soldier, shall be deemed and taken to be such respectively, unless satisfactory evidence to the contrary thereof be given before such justice; and that proof that any person so found was a lodger or inmate in such house or place, shall lie upon such victualler or other person selling or licensed to sell as aforesaid; and in the absence of such proof, any such person shall be presumed not to have been a lodger or inmate; provided also, that it shall not be necessary in order to warrant any conviction of any such victualler or person selling or licensed to sell as aforesaid, for any such offence as aforesaid, that any person or persons so found in such house or place, under such circumstances as aforesaid, be previously or at all convicted of any such offence. XX. And be it further enacted, That so much of the said recited Act of the forty-eighth year of his said late Majesty's reign, as requires any person opening or keeping an hotel or public house for the entertainment of nightly lodgers, to take out any licence or to pay any duty, or as imposes any forfeiture or penalty for or in respect of such hotel or public house for the entertainment of nightly lodgers, not being so licensed, shall be and the same is hereby repealed; save and except only so far as relates to any proceeding had or taken or to be had or taken for the recovery of any duty for a licence for keeping such hotel or public house, due and demandable at any time before the passing of this Act, under the provisions of the said recited Act; or for the recovery of any penalty legally incurred under the said recited Act at any time before the passing of this Act. XXI. And be it further enacted, That from and after the passing of this Act, it shall and may be lawful to and for the divisional justices of the castle division of the said police district for the time being, or any two of them, from time to time to make such rules and regulations with respect to the stands and stations, and the orderly and regular conduct of the drivers of all carriages (save and except mail and stage coaches), horses, chaises, jaunting carts, caravans, and other vehicles whatsoever, publicly plying or carrying passengers for hire to or from the city of Dublin, whether licensed or not, whenever such carriages or other vehicles respectively shall have arrived or shall be within the police district of Dublin metropolis, as to such divisional justices of the castle division shall seem fitting and expedient; provided always, that such rules and regulations shall be sanctioned and approved of by the recorder of the city of Dublin; Penalty on Dri- and if any driver of any such carriage shall not duly conform to such rules and regulations so to be made and approved as aforesaid, or any of them, or shall be guilty of any offence contrary thereto, such driver shall, upon conviction before the divisional justices of the said castle division, or any one of them, in a summary way, forfeit and pay for every such offence any sum not exceeding forty shillings, and in default of payment thereof upon demand, shall be committed to the common gaol or house of correction for a period not exceeding fourteen days, or until such fine shall be sooner paid. vers not con forming, 40s.; or Imprisonment for Four teen Days. Two Divisional Justices empow ered to hear and determine between Pawnbrokers and Borrowers; and to levy the Money awarded by Distress; XXII. And whereas by the said recited Act of the forty-eighth year of the reign of his late Majesty King George the Third, and certain Acts therein recited and referred to, the provisional justices of the police district of Dublin metropolis, have now vested in them full power and authority to hear and determine in a summary way all disputes which may arise between any pawnbroker and any borrower touching or concerning any pawn or pledge; but the said divisional justices have not power or authority to enforce the due performance of such determination or adjudication, by reason whereof divers ill-disposed persons are enabled to avoid justice; be it therefore enacted, That from and after the passing of this Act, whenever any dispute between any pawnbroker and any borrower, touching or concerning any pawn or pledge, shall be determined by the said divisional justices or any two of them, and any sum of money shall be awarded to be paid, it shall be lawful, in case of non-payment of any such sum of money, for such divisional justices making such determination, by warrant under their hands and seals, to cause the amount of any sum of money so awarded to be paid, to be levied by distress and sale of the goods and chattels of the persons who shall be ordered to pay the same; and for want of sufficient goods to satisfy such sum, it shall be lawful for such divisional justices, by like warrant, to commit the person against whom any such order or award shall be made to any house of correction within the said police district, for any period not exceeding one calendar month, or until such sum shall be sooner paid and satisfied. XXIII. And whereas under and by virtue of a certain provision in the said recited Act, passed in the said forty-eighth year of the reign of his said late Majesty, it is required that the same watch constables and watchmen should not be two succeeding nights in the same watch-house; and such regulation has been found inconvenient in practice; be it therefore enacted, That so much of the said recited Act as enjoins such dispositions of the watch constables and watchmen, shall be and the same is hereby repealed; and that from and after the passing of this Act, the arrangement in all respects of the said watch constables and watchmen, with reference to the watch-houses, shall be and the same is hereby committed to the superintendence and direction of the divisional justices of the castle division; and it shall be lawful for such justices, or any two of them, and they are hereby authorized empowered and required, from time to time, to make such rules as shall appear to such justices to be expedient or necessary in that behalf. So much of recited Act as requires Watch Constables, &c., not to be Two succeeding Nights in the same Watchhouse, repealed. Divisional Justices to make Rules for Management of the Watch. Constables of the Nightly Watch, between Eight in the Afternoon and Six in the Forenoon, may take Bail, &c., from Persons in Custody charged with Petty Misdemeanors. XXIV. And for the better administration of the police within that portion of the police district of Dublin metropolis consisting of the city of Dublin and those parts of the county of Dublin which are contiguous thereto; be it therefore enacted, That it shall and may be lawful for the constables of the nightly watch, and each of them, appointed or to be appointed under the authority of the said recited Act of the forty-eighth year of the reign of his said late Majesty King George the Third, in the respective watch-houses which they shall or may be appointed to attend, between the hours of eight in the afternoon and six in the forenoon, to take bail by recognizance, without fee or reward, from any person who shall be brought into the custody of them or any of them within the said hours, without the warrant of a divisional or other justice of the peace, charged with any petty misdemeanor, if such constable shall deem it prudent to take such bail, for the appearance of such person before the divisional justices, or one of them, at one of the said public offices, to be specified in the recognizance, for examination, at the hour of nine in the forenoon next after such recognizance shall be taken, unless that hour shall fall on a Sunday, and in that case at the like hour on the succeeding Monday; and that every recognizance so to be taken shall be of equal Recognizances obligation on the parties entering into the same, and liable to the same to be taken and proceedings for the estreating thereof, as if the same had been taken be- entered into a fore one of the said divisional justices; and every such constable respectively shall enter in a book, to be kept for that purpose in every watchhouse, the name residence and occupation of any party, and his or her sureties, entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, and shall lay the same before such divisional justices or justice as shall be present at the time and place when and where the party is required to appear; and if the party does not appear at the time and place required, or within one hour after, the said divisional justices or justice shall cause a record of the recognizance to be drawn up, to be signed by such constable as aforesaid, and shall return the same to the next general or quarter sessions of the peace for the city of Dublin, or for the county of Dublin respectively, as the case may require, in which the offence charged should be brought to trial, with a certificate at the back thereof, signed by such divisional justice or justices, that the party has not complied with the obligation therein contained, and the clerk of the peace shall make the like estreats and schedules of every such recognizance, as of recognizances forfeited in the Book. In Default of No. XXXIII. 5 Geo. IV. c. 102. Service of Sum nesses suffici ent, if left at the Place of Abode. Penalty on Witnesses not attending, &c., 40s., leviable by Distress, or Imprisonment for fourteen Days. sessions of the peace, aud if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge against such party, and the divisional justices or justice shall think fit to consent thereto, the said justices or justice shall be at liberty to enlarge the recognizance to such further time as they or he shall appoint; and when the matter shall be heard and determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof at the sessions, or other court of competent jurisdiction for the trial thereof, the recognizance for the party's appearance before the divisional justices or justice shall be discharged without fee or reward. XXV. And be it further enacted, That in any proceeding by or before mons on Wit- any divisional justice or justices of the district of Dublin metropolis, or by or before any divisional justice or justices of the castle division, acting in pursuance of any special authority or jurisdiction as such justices or Justice of the said castle division, it shall not be necessary for the sum moning of any witness under the said recited Act of the said forty-eighth year of his said late Majesty's reign, or under this Act, that any summons or notice or order whatsoever shall be personally served on any such witness, but it shall in all such cases be sufficient that such summons notice or order be served twenty-four hours previous to the time appointed for hearing or proceeding on any process to which such summons shall relate, at the place or places of abode of any such witness or witnesses, XXVI. And be it further enacted, That if any person or persons shall be summoned as a witness or witnesses to give evidence before any divisional justice or justices of the police district of Dublin metropolis, touching any offence or other matter or thing to be determined under the said recited Act of the forty-eighth year of his late Majesty's reign, or this Act, either on the part of the prosecutor or of the person or persons accused, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without a reasonable excuse for such neglect or refusal, to be allowed of by such justice or justices, or appearing shall refuse to be examined on oath, and to give evidence before such justice or justices before whom the prosecution or proceeding shall be depending, every such person so offending shall, upon due proof thereof before such justice or justices, forfeit and pay for every such offence any sum not exceeding forty shillings, at the discretion of such justice or justices; the same, in default of payment on demand, to be levied by distress and sale of the goods and chattels of the offender, and when levied to be paid over to the receiver of the public offices; and in default of a sufficient distress, it shall be lawful for such justice or justices to commit the offender to the house of correction for any space of time not exceeding fourteen days, or until such penalty shall be sooner paid. Lord Lieutenant may increase Recorder's Salary out of the Police Establishment, not exceeding 6001, a Year. Recorder not to practise in any XXVII. And be it further enacted, That at any time after the passing of this Act it shall and may be lawful for the lord lieutenant, or other chief governor or governors of Ireland, for the time being, to direct any yearly sum, not exceeding the sum of six hundred pounds, clear of all taxes and deductions, to be paid out of the funds applicable to the expence of the said police establishment, to the recorder of the city of Dublin, from time to time, for the time being, in augmentation of his salary, and over and above and in addition to any yearly and other sum of money to which such recorder is or may be entitled under the said recited Act of the forty-eighth year of his said late Majesty, or otherwise howsoever; Provided always, that it shall not be lawful for any person who now holds, or who shall hereafter hold the office of recorder of the said city, to act or practise as counsel in any criminal or civil court within the police district of the said metropolis of Dublin, at any time after the expiration of one calendar month next after the passing of this Act. XXVIII. And be it further enacted, That all fines penalties and forfeitures payable under this Act, shall, when the same shall be imposed on the prosecution of an informer, be paid, after deducting the necessary costs of recovering the same, one moiety to the receiver of the public offices in the said police district of Dublin metropolis, and the other moiety to the informer or person who shall sue for the same; and that all fines penalties and forfeitures payable under this Act, other than such as last before-mentioned, shall be paid to the said receiver; and all sums so paid to the said receiver shall go in aid of the funds of the police district of Dublin metropolis. No. XXXIV. 6 Geo. IV. c. 21. Informer a Witness. Form of Con viction. XXIX. And be it further enacted, That in all cases of complaints or informations under this Act, or by virtue thereof, for any offence for which any fine or pecuniary penalty is to be imposed, the informer or prosecutor shall be deemed a competent witness to prove the offence, and his testi- competent many, if believed, shall be sufficient for that purpose, without any other evidence. XXX. And be it further enacted, That all convictions for any offence or offences under or by virtue of this Act, may be in the same summary form as is allowed by the said recited Act of the forty-eighth year of his said late Majesty's reign, for convictions under that Act, with the like benefit of appeal, in all respects, as under the said recited Act; and no No Conviction conviction to be had before any of the said divisional justices under or by to be quashed virtue of this Act, or the said Act passed in the said forty-eighth year of for want of the reign of his said late Majesty, shall be quashed for any defect of form, nor shall any conviction under this Act, or the said recited Act, nor any affirmation or reversal thereof under appeal, be removed, by certiorari or otherwise, into any of his Majesty's superior courts. XXXI. And be it further enacted, That if it shall become necessary to prove the power, office, authority, or appointment of any of the divisional justices or constables, or of the receiver, or of any other officer or person appointed or acting under or by virtue of this Act as aforesaid, it shall in all cases be sufficient, to all intents and purposes, to prove that the said person or persons, at the time in question, was or were commonly known or reputed to hold such office or situation respectively; and it shall not in any such case be necessary to produce or prove any appointment or qualification whatsoever of such person or persons. [No. XXXIV. ] 6 Geo. IV. c. 21.-An Act to amend an Act for the more effectual Administration of the Office of Justice of the Peace in and near the Metropolis.[20th May 1825.] WHEREAS by an Act passed in the third year of his present Majesty's Form. Reputation that Persons hold Office under this Act sufficient Evidence of Appoint ment. reign, intituled An Act for the more effectual Administration of the 3 G. 4. c. 55. Office of a Justice of the Peace in and near the Metropolis, and for the more effectual Prevention of Depredations on the River Thames and its Vicinity, for Seven Years, the yearly salary payable to each of the justices appointed under the said Act is fixed at six hundred pounds: And whereas it is expedient to increase the said salary: Be it enacted by the King'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 it shall be lawful to pay to each Justices' Salaof the justices appointed or to be appointed under the said Act, such ries. yearly salary as shall be directed by one of his Majesty's principal secretaries of state, not exceeding the sum of eight hundred pounds, to commence from the fifth day of April one thousand eight hundred and twenty five. II. And whereas by the said recited Act the chief magistrate of the public office in Bow-street is empowered to administer to the officers of the said office, and to the horse and foot patrol acting under the orders of the said chief magistrate, an oath duly to execute the oflice of constable within the counties of Middlesex, Surrey, Essexr, and Kent; and each of the persons so sworn is empowered to act as a constable in the manner therein mentioned; and it is expedient to extend the powers of the so sworn as herein-after mentioned; be it therefore further enacted, That it shall and may be lawful for the chief magistrate of the said public office in Bow-street to administer to such persons respectively an oath duly to execute the office of a constable within the counties of Middlesex, Surrey, persons Bow-street. Officers and Patrol to have Powers of Constables within certain Counties, and within the Royal Palaces. |