The Small Penalties (Ireland) Act, 1873.

36 & 37 Vic. c. 82.

An Act to amend the Law relating to Small Penalties in Ireland.

[5th August, 1873.] A.D. 1873

Whereas it is expedient to amend the law relating to Small Penalties 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, as follows:

66 purposes as The Short title

1. This Act may be cited for all Small Penalties (Ireland) Act, 1873."

ment of Act.

2. This Act shall come into operation on the first day Commence of September one thousand eight hundred and seventythree.

3. The word "penalty" in this Act shall include sum of money recoverable in a summary manner.

any

Definition of penalty.

small

4. Where upon summary conviction any offender is Recovery of adjudged to pay a penalty not exceeding five pounds, penalties. such offender, in case of nonpayment thereof, may, without any warrant of distress, be committed to prison for any term not exceeding the period specified in the following scale, unless the penalty shall be sooner paid:

Saving as to hard labour.

Application

of Act.

Not to apply

5. Nothing in this Act contained shall affect the power of imposing hard labour in addition to imprisonment in cases where hard labour might, on nonpayment of the penalty, have been so imposed if this Act had not passed.

6. This Act shall apply to penalties, including costs, recoverable in a summary manner in pursuance of any Act of Parliament, whether passed before or after the commencement of this Act; and all provisions of any Act of Parliament authorising, in the case of nonpayment of a penalty not exceeding five pounds, a longer term of imprisonment than is provided by this Act. shall be repealed.

7. This Act shall not apply to any penalties recoverto proceed- able by or on behalf of the Commissioners of Inland

ings by

Inland

Revenue.

Extent of

Revenue.

8. This Act shall extend to Ireland only.

Act.

FORMS OF OATHS, &C.

Information or Affidavit.-You shall true answers make to all such questions as shall be demanded of you touching this (information or affidavit). So help you God.

Oath of a Witness.-The evidence which you shall give to this Court touching this (if a civil proceeding, this case; if a crime or offence, this complaint, or this charge) shall be the truth, the whole truth, and nothing but the truth. So help you God.

Quaker or Moravian (1 & 2 Vic., c. 77).—I, A.B., being one of the people called Quakers (or one of the persuasion of people called Quakers, or of the United Brethren called Moravians, as the case may be), and entertaining conscientious objections to taking an oath, do solemnly, sincerely, and truly declare and affirm, &c. (as in previous forms, but omitting the words--So help me God).

Declaration (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 unwilling, 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. (Extended to Jurors by 31 & 32 Vic., c. 75.)

Interpreter's Oath. -You shall well and truly interpret and explain to the Court (and Jury) the evidence given in this case (trial or inquiry) according to the best of your skill and understanding. So help you God. (The interpreter is to be first sworn, and he will then administer the oath to the witness). And in the jurat add: Sworn before me, &c., the same having been first read over and explained to him in the language by C. D., who was first duly sworn to interpret and explain the same.

INQUEST.-Foreman's Oath.-You shall well and truly try, and true presentment make, of all such matters and things as shall be given you in charge on behalf of our Sovereign Lady the Queen, touching the death of A.B., now lying dead, of whose body you shall have the view. You shall present no person for hatred, malice, or ill-will, nor spare any through fear, favour, or affection, but a true verdict give according to the evidence and the best of your skill and knowledge. So help you God.

The same oath which A.B., your foreman on this inquest, hath now taken before you on his part, you and each of you shall well and truly observe and keep on your parts. So help you God.

Some important Decisions of the Courts, &c. Riot und Unlawful Assembly.—A magistrate called upon to suppress a riot is required by law to do all he knows to be in his power that can reasonably be expected from a :nan of honesty and of ordinary prudence, firmness, and activity under the circumstances. Mere honesty of intention is no defence if he fails in his duty. Nor will it be a defence that he acted upon the best professional advice that could be obtained on legal and military points if his conduct has been faulty in point of law.--Rex v. Pinney, 3 B. and Ad., 946.

If on a riot taking place, a magistrate neither reads the proclamation from the Riot Act, nor restrains nor apprehends the rioters, nor gives any order to fire on them, nor makes any use of a military force under his command, this is prima facie evidence of a criminal neglect of duty in him; and it is no answer to the charge for him to say that he was afraid, unless his fear arose from such danger as would affect a firm man; and if rather than apprehend the rioters, his sole care was for himself, this is also neglect.— Rex v. Kennett, 5 C. and P., 282.

It is not only lawful for magistrates to disperse an unlawful assembly even when no riot has occurred; but if they do not do so, and are guilty of criminal negligence in not putting down any unlawful assembly, they are liable to be prosecuted for a breach of their duty.— Reg. v. Neale, 9 C. and P., 431.

The mode of dispersing an unlawful assembly may be very different according to the circumstances attending it in each particular case; and an unlawful assembly may be so far verging towards a riot that it may be the bounden duty of the magistrates to take immediate steps to disperse the assembly; and there may be cases where the magistrates are bound to use force to disperse an unlawful assembly.— Ib.

A magistrate is not justified in forcibly dispersing a meeting upon the ground merely that he believes, and has reasonable and probable grounds for believing, that the meeting was held with an unlawful intent, unless the meeting be in itself unlawful; and a plea justifying an assault, upon the ground that it was committed by a magistrate in the dispersion of a meeting must either allege as a fact that the meeting was unlawful, or must state facts from which its unlawfulness can be inferred.—O'Kelly v. Harvey, 10 L. R., Ir., 285.

Refusing to assist a Constable.-To support an indictment against a person for refusing to aid and assist a Constable in the execution of his duty in quelling a riot, it is necessary to prove-first that the Constable saw a breach of the peace committed; secondly, that there was reasonable necessity for calling on the defendant for his assistance; and thirdly, that when duly called upon to assist the Constable, the defendant without any physical impossibility or lawful excuse, refused to do so; and in such a case it is no ground of defence that from the number of rioters, the single aid of the defendant would not be of any use.-Reg. v. Brown, Car, and M., 314.

Attempts to commit Offences.-A conviction for an attempt to commit an offence may be supported although the attempt could not have culminated in the full offence in the manner intended.—R. v. Brown 24 Q. B. D., 357, which over-rules decision in R. v. Collins, quoted in Second Edition, p. 453. The moment a man takes one necessary step towards the completion of a misdemeanor, he commits a misdemeanor. Every step towards a misdemeanor, by an act done, is punishable as a misdemeanor.-(R. v. Chapman, 2 C. and K., 846). An attempt to commit a misdemeanor is a misdemeanor, whether the offence was created by statute, or was an offence at common law.--R. v. Roderick, 7 C. and P., 795.)

Assault on a Constable. To support a charge of assault on a Constable in the execution of his duty, it is not necessary that the defendant should know that he was a Constable then in the execution of his duty; it is sufficient that the Constable should have been actually in the execution of his duty and then assaulted.—R. v. Forbes, 10 Cox, C. C., 362.

Dying declaration. If a declaration in articulo mortis is taken down in writing and signed by the party making it, the judge will neither receive a copy of the paper in evidence, nor will he receive parol evidence of the declaration.-R. v. Gay, 7 C. and P., 230.

Execution of Warrants.-Under 14 & 15 Vic., c. 93, ss. 25 and 26, the Sub-Inspector or Head Constable may appoint any Constable to execute a warrant; but the Constable so appointed has no authority to delegate to others the duty so imposed upon him: therefore when the SubInspector endorsed a warrant to "Constable B" and it was