Dublin Police Force Act, Vic. c. 24, s. 63, gives power to mitigate penalties in Dublin. This 47 & 48 Vic. c. 76, s. 13, extends the power in section 4 of the English Summary Jurisdiction Act, 1879, as to mitigation of punishment to offences under Post Office Acts, but makes no special reference to the powers in the Dublin Act.

(a) Pound-keeper's Fees.-14 & 15 Vic. c. 92, sec. 19.-Every pound-keeper shall be entitled to receive from the person by whom any animal shall be impounded in such pound, or from the owner, when such animal shall be delivered up to such owner by proper authority, the following pound fees:

For any one horse, mare, mule, or horned beast, for any time not
exceeding seventy-two hours,

And for any greater number of same, for same period, each,
And if impounded for longer than seventy-two hours, one-half of
the above sums for every additional seventy-two hours.

For any one sheep, calf, lamb, goat, or pig, for any period not
exceeding seventy-two hours,

s. d.

0

6

0

3

0

And for any greater number of same, for the same period, each, 0 1
And if impounded for longer than seventy-two hours, one-half the
above sums for every additional seventy-two hours.

Sustenance. He shall also be entitled to demand and receive from the like owner or person, as the case may be, such sum for the sustenance of any such animals, for the time during which they shall be so impounded, as the said Justices shall fix as the proper rates of sustenance for animals impounded in such pound, and which they are hereby required to do by writing under their hands. (b) Rates of Trespass.-14 § 15 Vic. c. 92, sec. 20.-Where the trespass shall

be on any common pasture land, or on any arable uncropped land, the rate shall be:

For every horse, mare, pony, mule, ass, bull, cow, bullock, heifer, or pig,

s. d.

100003

0

And where the trespass shall be upon any fattening pasture or meadow land, or upon any land cropped with corn, pease, flax, vetches, turnips, rape, potatoes, green crop, or other cultivated vegetable, or by any goat in a plantation, the rates shall be double the amount of the preceding rates.

When parties are not satisfied, Justices to investigate the case and award the legal rates; the principal upon which award shall be made to be the above rate for the first trespass, double for a second, and treble for subsequent trespasses (whether any actual damage done or not), unless Justice shall be satisfied that trespass was caused by occupier's neglect, or that there are justifying circumstances, in which case they may declare him to be entitled either to no rates, or to a part only of the rates; but in case of actual damage done, Justices may award such additional sum as will amount to compensation.-Sec. 20, sub-sec. 3.

Where Owner of Cattle is known.-It shall not be lawful to impound any animal found trespassing upon any land where the owner of such animal shall be known, but the occupier of such land or the person by whom such animal shall be found trespassing, shall either deliver up such animal to the owner, or to his steward, herdsman, caretaker, or other servant, or he shall show such animal in the act of trespassing to such owner, steward, &c., and allow such animal to be taken away by him; and the owner shall thereupon be liable to pay to occupier of such land the rate of trespass fixed by scale (or according to such scale as Justices at Quarter Sessions shall from time to time fix, and which they are hereby authorized to do, if they shall see fit)—14 & 15 Vic. c. 92, s. 20. Thus while compensation is secured to the occupier of the land for any injury or loss he may sustain, the neighbourly duty of caring for the cattle and delivering them over to the rightful owner, or his servant, is at the same time provided for. The Act contemplates that the parties shall, in a friendly way, on the basis, and according to the rates in the section, settle the question. When any matter is disputed, the Justices, under sub-sections 3 and 4, can enter into the whole question as Justices and arbitrators at once, and make an award, both as to trespass and fences, to be binding on both parties.

Triable by Indictment, or by Summary Conviction, Sec. 1.-Of course sending on the offender to be tried by indictment will indicate that the offence is of an aggravated character, and that the summary punishment would be inadequate.