APPENDIX. Summary Jurisdiction (Ireland) Act, 1851, 14 & 15 VIC., Cap. 92. An Act to consolidate and amend the Acts relating to certain Offences and other Matters as to which Justices of the Peace exercise Summary Jurisdiction in Ireland. [7th August, 1851.] WHEREAS it is expedient to consolidate and amend the Acts by which Justices of the Peace are empowered to adjudicate in a Summary Way as to certain Offence and other Matters in Ireland: Be it therefore enacted by the Queen'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, cases under witnesses or I. That it shall be lawful for any Justice or Justices Justices may sitting in Petty Sessions (or for any two Justices sitting decide all out of Petty Sessions, when the offender shall be this Act on unable to procure bail for his appearance at Petty evidence of Sessions) within his or their respective jurisdictions to confession. hear and determine, either on the oath of one or more credible witnesses, or on the confession of the person against whom the complaint shall be made, all complaints relating to any offences, claims, or other matters under the provisions of this Act, and to order such fine, imprisonment, compensation, expenses, and sums, or to make such other order relating to each offence or other matter as such person shall be liable to under the said provisions; and all proceedings as to compelling the appearance of any such person or of any witness, and as to the hearing and determination of buch complaints, and as to the making and executing of such orders, shall be subject in all respects to the provisions of The Petty Sessions Act, Ireland, 1851," when the case shall be heard in any Petty Sessions district), and to the provisions of the Acts relating to Offenders. the Divisional Police Offices (when the case shall be heard in the Police District of Dublin Metropolis), so far as the said provisions shall be consistent with any special provisions of this Act. Sections 2, 3, 4, and 5 are repealed by 24 & 25 Vic., c. 95, s. 1. Stealing by VI. Any person who shall commit any of the next Juvenile following offences (and whose age at the time of the commission thereof shall not, in the opinion of the Justices, exceed the age of fourteen years) shall be liable to the punishment hereinafter specified : Persons not exceeding fourteen years of age committing certain offences may besummarily convicted. If a male, may be whipped. If offence not proved, or it is not expedient to inflict punishment, Jus tices may dismiss parties with or without suretics. No other forfeiture; but Justices may order restitution 1. Any such person who shall commit, or attempt to commit, or who shall aid or abet the commission of any offence which now is or hereafter shall or may be by law deemed or declared to be simple larceny, or punishable as simple larceny, shall, upon conviction thereof before the Justices sitting in Petty Sessions and in open Court, be liable to a fine not exceeding Three Pounds, cr to be imprisoned for a period not exceeding Three Months: 2. If a male, such person shall, if the Justices shall see fit, be liable to be once privately whipped, either instead of or in addition to such imprisonment, and the Justices shall from time to time appoint some fit and proper person to inflict said punishment of whipping, when ordered to be inflicted out of prison : 3. And if the Justices, upon the hearing of any such case, shall deem the offence not to be proved, or that it is not expedient to inflict any Punishment, they shall dismiss the person charged, on his finding a surety or sureties for his future good behaviour, or without such sureties, if the said Justices shall so think fit: And no Conviction of any such Juvenile Offender for any such offence shall be attended with any forfeiture, save as hereinbefore mentioned; but whenever any such person shall be convicted of such offence it of property; shall be lawful for the Justices to order restitution forthcoming of the property in respect to which such offence or if not may order compensation. shall have been committed to the rightful owner; or if such property shall not then be forthcoming, the Justices, whether they shall award punishment or dismiss the complaint, may, if they shall think fit, is thought fit dealt with as order payment of the value of such property in money to the rightful owner by the person convicted: Provided always, that if the Justices shall be of opinion, If the charge before any such person shall have made his defence, fondietthat the charge is from any circumstance a fit subject ment, &c., for prosecution by indictment (or if the parent or case to be next friend of such person shall, upon his being called upon to answer the charge, object to the case being summarily disposed of under the provisions of this Act), the Justices shall, instead of summarily adjudicating thereupon, deal with the case as one to be prosecuted by indictment at assizes or quarter sessions. such. VII. Any person who shall commit any of the Frauds as to next following offences shall be liable to the provisions. punishment hereinafter specified in each case : corn, &c., 1. Any person who shall sell or offer for sale any Offering wheat, rye, meslin, peas, beans, barley, bere, adulterated oats, shillin, cutlings, meal, flour, malt, or other for sale, corn which shall in the whole or in part be spoiled or adulterated by wetting or mixing therewith any sand, gravel, dirt, or rotten or damaged corn, grain, malt, meal, or flour, or grown or blighted corn, or other kind of stuff, or which shall not be in quality of equal goodness to that produced to the view of the intended buyer or buyers thereof, or shall use any other fraud or deceit therein in order to make such corn, grain, malt, meal, or flour appear heavier than it would have been without such mixture, fraud, or deceit, shall forfeit all such corn, grain, malt, meal, or flour, to be disposed of as the Justices shall direct, and shall also be liable to a fine not exceeding forty shillings, or to be imprisoned for any term not exceeding one month: Offering unwholesome or meat, &c., 2. Any person who shall exhibit for sale any unwholesome or fraudulently prepared meat, fraudulently fish, or other provisions or food of any kind for prepared man or beast, or shall practise any deceit or for ale. fraud in respect to the quality of any such meat, fish, or other provisions shall forfeit all such meat, fish, or other provisions, to be disposed of as the Justices shall direct, and shall also be liable to a fine not exceeding forty shillings, or to be imprisoned for any term not exceeding one month : Trespass of Trespass on fields, &c., and refusing to leave. Repetition of trespass after warning. But not to extend to certain cases of trespass; nor to pre vent right of civil action. Injuries to public roads. Omitting to Scour ditches or to have drains under passages in and out of 1oads after notice. And it shall be lawful for any Justice to seize or cause to be seized any of the articles herein before last mentioned as to which any such offence shall have been committed; and the said Justice may, if he shall deem it expedient, either proceed at once to hear and determine the case, or may adjourn the hearing thereof to the next petty sessions of the district. VIII. Any person who shall commit any of the next following offences shall be liable to a fine not exceeding ten shillings, and in default of payment thereof at such time as the Justices shall fix shall be liable to be imprisoned for a period not exceeding one week: 1. Any person who shall wilfully trespass in any field, garden, pleasure ground, wood, plantation, or other place, and shall neglect or refuse to leave any such place after he shall have been warned to do so by the owner, or by the caretaker or servant of the owner, or by any person authorized in that behalf by the owner; 2. Any person who shall again trespass in any such place within three months from the time when any such warning shall have been so given to him: Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to go into or upon any such place, nor to any trespass (not being wilful or malicious) committed in hunting, fishing, or the pursuit of game, but nothing herein contained shall prevent any person from maintaining any civil action or suit for any such trespass, instead of proceeding under this Act. IX. Any person who shall commit any of the next following offences on or relating to any public road shall be liable to the punishment hereinafter specified in each case: 1. Any owner or occupier of any lands contiguous to any public road who shall omit to scour any ditch or drain leading from such road, so as to allow the water to pass away, within ten days after notice shall have been given to him so to do by the county surveyor or by the contractor for the repair of such road, or who shall suffer the passage of the water to be obstructed by houses with 2. Any person who shall build or cause to be Building built any house or part of a house within in 30 feet. thirty feet of the centre of any public road, except in the streets of corporate or market towns, or where a house now stands, shall be liable to a fine not exceeding ten pounds, and further sum of ten shillings a week from the time of his conviction until the same shall be pulled down or removed: to a ditches with surveyor. fences with 3. Any person who shall scour, deepen, widen, Deepening or fill up any ditch or drain on the side of out consent any public road, or who shall alter the of county fences of any public road; or who shall build any wall, or make any ditch, drain, Altering or watercourse, or dig any pit or hollow, out consent on any public road, or within thirty feet of county of the centre thereof (save upon or within surveyor,&c. any ancient fence adjoining such road); or who shall otherwise break up the surface of any road or footpath, unless with the consent of the county surveyor, or by the authority of any presentment, shall be liable to a fine not exceeding twenty shillings (and the centre of the road for the pur- be deemed poses of this Act, shall be deemed to be the the centre of centre of the part thereof made with gravel the road.) or stones): 4. Any person who shall, without the consent of Scraping (What shall roads with timber, &c., such surveyor or contractor, scrape any out consent 5. Any county surveyor cr road contractor or |