resigning or being removed; provided that no Person shall be entitled to receive any such Pension or Allowance, unless he shall be above the Age of Sixty Years, or shall have served Twenty-five Years, or shall have been disabled by any unavoidable Accident or permanent Disease acquired in the Performance of his Duty under this Act. Rights, Powers, &c.of Divisional Justices to con tinue when not altered by this Act. XXXV. And be it further enacted, That in all Cases not altered or otherwise ordained or directed by this Act, all and every the Rights, Powers, Privileges, Jurisdictions, and Authorities whatsoever now vested in the said Divisional Justices under any Act or Acts of Parliament, not hereby repealed, and all and every other Matter or Thing whatsoever which the said Divisional Justices are by any Law now in force required, directed, or empowered to do or execute, save and except in the Cases aforesaid, shall and may from and after the passing of this Act be respectively vested in, and exercised, done, and executed by the said Divisional Justices; and all and every Act, Matter, or Thing so done or executed shall thereupon be of the same Force, Validity, and Effect, to all Intents and Purposes whatsoever, as if this Act had not been passed. XXXVI. And be it further enacted, That all Chief Constables, Constables, Patroles, Watchmen, and Collectors appointed under this Act shall, to all Intents and Purposes, have and exercise the several Powers, Authorities, and Privileges respectively given to or vested in the Chief Constables, Constables, Patroles, Watchmen, and Collectors appointed under the said Act of the Forty-eighth 48 G. 3. c. 140. Year of the Reign of His late Majesty King George the Third, by the said Act, or by any other Statute or Law now in force, except where the contrary is directed by this Act, or where the same would be repugnant to or inconsistent with any Provision herein contained. Constables, &c. under this Act invested with same Powers as similar Officers under the Act Justices may summon Persons charged with Offences punishable on summary Conviction under this Act. XXXVII. And for the more effectual Prosecution of Offences punishable upon summary Conviction by virtue of this Act, be it enacted, That where any Person shall be charged, on the Oath of a credible Witness, with any such Offence before any Justice of the Peace, the Justice may summon the Person charged to appear before any Two Justices of the Peace, at a Time and Place to be named in such Summons; and if the Person charged shall not appear accordingly, then (upon Proof of the due Service of the Summons, by delivering a Copy thereof to such Person, or by delivering a Copy to the Wife or Servant or some Inmate of the Family of such Person, at his usual Place of Abode,) the Justices before whom he ought to have appeared may either proceed to hear and determine the Case ex parte, or may issue their Warrant for apprehending such Person and bringing him before them: Provided always, that the Prosecution for any Offence Limitation of punishable upon summary Conviction by virtue of this Act shall Time for such be commenced within Three Calendar Months after the Commis- Proceedings. sion of the Offence, and not otherwise. XXXVIII. And be it enacted, That every Sum which by any Application of Justices of the Peace shall be adjudged to be paid for Offence any against this Act shall be paid to the Receiver appointed under this Act, to be by him added to and applied as Part of the Funds for the Purposes of the Police under this Act; and no Person, although liable M 2 Penalties. Persons paying Police Rate may give Evidence or act as Justices. Scale of Imprisonment for Nonpayment of Penalties. Form of Conviction. No Certiorari, &c. liable to the Payment of Money for the Maintenance of the Police under this Act, shall by reason thereof, or by reason of the Application of any Penalty to the Use of the Police Funds, be deemed to be an incompetent Witness before any Court or Justice or Justices of the Peace in any Proceeding whatever for any Offence against this Act, or in any Matter relating to the Money to be raised for the Maintenance of the Police, or in any other Matter mentioned in this Act; and no Justice of the Peace shall be disabled from acting in the Execution of this Act by reason of his being liable to the Payment of any Money for the Maintenance of the Police under this Act. XXXIX. And be it enacted, That the Justices of the Peace by whom any Person shall be convicted and adjudged to pay any Sum of Money for any Offence against this Act may adjudge that such Person shall pay the same either immediately or within such Period as they shall think fit, and that in default of Payment at the Time appointed he shall be imprisoned in the Common Gaol or House of Correction and be kept to hard Labour for any Term not exceeding Two Calendar Months, where the Sum to be paid shall not exceed Five Pounds, and for any Term not exceeding Four Calendar Months where the Sum shall not exceed Ten Pounds, and for any Term not exceeding Six Calendar Months in any other Case; the Imprisonment to cease in each of the Cases aforesaid upon Payment of the Sum due. XL. And be it enacted, That the Justices before whom any Person shall be summarily convicted of any Offence against this Act may cause the Conviction to be drawn up in the following Form of Words, or in any other Form of Words to the same Effect, as the Case may require; (that is to say,) to wit. }BE Day of at in E it remembered, That on the in the Year of our Lord the County of A.B. is convicted before us [naming the Justices], Two of His Majesty's Justices of the Peace for the said County, for that he the said A. B. did [specify the Offence, and the Time and Place when and where the same was committed, as the Case may be]; and we the said Justices adjudge the said A.B. for his said Offence to forfeit and pay the Sum of [here state the Amount of the Sum to be paid]; and in default of immediate Payment of the said Sum to be imprisoned in the for the Space of unless the said Sum shall be sooner paid, [or and we order that the said Sum shall be paid by the said A. B. on or before the and in default of Payment Day of for the Space of on or before that Day we adjudge the said A. B. to be imprisoned ' in the unless the said • Sum shall be sooner paid]; and we direct that the said Sum 'shall be paid to the Receiver for the Metropolitan Police District, to be by him applied according to the Act passed in the Sixth Year of the Reign of His Majesty King William the Fourth, intituled An Act for improving the Police in the • District of Dublin Metropolis. Given under our Hands the Day and Year first above mentioned.' XLI. And be it enacted, That no Conviction, Order, Warrant, or other Matter, made or purporting to be made by virtue of this Act, Act, shall be quashed for Want of Form, or be removed by Certiorari or otherwise into any of His Majesty's Courts of Record at Dublin; and no Warrant of Commitment shall be held void by As to Inforreason of any Defect therein, provided that it be therein alleged mality in Warthat the Party has been convicted, and there be a good and valid rants, &c. Conviction to sustain the same; and where any Distress shall be made for levying any Money by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceedings relating thereto, nor shall the Party distraining be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him, but the Person aggrieved by such Irregularity may recover full Satisfaction for the special Damage, if any, in an Action upon the Case. dant Notice of XLII. And, for the Protection of Persons acting in the Execu- Venue in Protion of this Act, be it enacted, That all Actions and Prosecutions ceedings under to be commenced against any Person for any thing done in purthis Act. suance of this Act shall be laid and tried in the County where the Fact was committed, and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be Action. given to the Defendant One Calendar Month at least before the Commencement of the Action; and in any such Action the Defen- General Issue. may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon; and no Tender of Plaintiff shall recover in any such Action if Tender of sufficient Amends, &c. Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become Nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover his full Costs as between Attorney and Client, and have the like Remedy for the same as any Defendant hath by Law in other Cases; and though a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action, and of the Verdict obtained thereupon. Correction to be paid by Trea surer of County as other Monies presented are XLIII. And be it enacted, That so much of the said Act of the Sums presented Forty-eighth Year of the Reign of His late Majesty King George for Houses of the Third as enacts that the Sums presented by the Term Grand Jury of the County of the City of Dublin for the Houses of Correction within the said Police District of Dublin Metropolis, and for Necessaries therein, and for Salaries to the Keepers thereof, shall be paid over by the Treasurer of the County of the City of paid. Dublin to the Receiver appointed under the said Act, shall be and the same is hereby repealed; and the Monies from Time to Time presented and raised for the aforesaid Purposes, or any of them, shall, until Parliament shall otherwise provide, be paid, expended, and accounted for by said Treasurer, in like Manner and under the like Regulations as any other Monies presented by said Grand Jury, and paid, disbursed, and accounted for by such Treasurer; M 3 and Form of Oath. Repeal of so much of 31 G. 3. (I.) as prohibits Horse Races within Nine Miles of Dublin Castle. Act may be altered this Session. Public Act. and the Securities of such Treasurer shall be Security for the Payment, Expenditure, and accounting for all such Sums. XLIV. And be it further enacted, That every Person appointed under this Act, shall, before he shall do any Act in his said Office, take and subscribe the Oath following; that is to say, :I 'So help me GOD.' And the said Oath shall be administered to the Justices to be appointed under this Act at the same Time, and by the same Persons, with the other Oaths to be by them taken; and the said Oath shall be administered to all Constables so appointed by One of the said Justices, and shall in all Cases be subscribed by the Person taking the same: Provided always, that in all Cases where an Oath is required by this Act, the Affirmation of a Quaker, Moravian, or Separatist shall be accepted in lieu of such Oath. XLV. And be it further enacted, That from and after the passing of this Act so much of an Act passed in the Thirty-first Year of the Reign of His late Majesty King George the Third as enacts, "that it shall not be lawful for any Person to cause any Horse, Mare, or Gelding to run for any public Prize whatever within Nine Miles of His Majesty's Castle of Dublin, either against any other Horse, Mare, or Gelding, or against Time; and that any Assembly of Persons more than Twelve in Number, present at any Horse Race within Nine Miles from the said Castle, shall be and be deemed an unlawful Assembly, and shall and may be dispersed as such by any Magistrate or Peace Officer as in Cases of unlawful Assemblies, and the Persons so present may be prosecuted and in all respects proceeded against as Persons present and assisting at an unlawful Assembly,' shall be and the same is hereby repealed. XLVI. And be it enacted, That this Act may be amended, altered, or repealed by any Act to be passed in this present Session of Parliament. XLVII. And be it enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others, without being specially pleaded. Ꮯ Ꭺ Ꮲ. An Act to repeal so much of Two Acts of the Ninth and [14th July 1836.] WHEREAS by an Act passed in the Ninth Year of the W Reign of His late Majesty King George the Fourth, intituled An Act for consolidating and amending the Statutes in 9 G. 4. c. 31. England relative to Offences against the Person, it was amongst other Things enacted, that every Person convicted of Murder * should be executed according to Law on the Day next but one after that on which the Sentence should be passed, unless the 'same should happen to be Sunday, and in that Case on the Monday following, and that Sentence should be pronounced immediately after the Conviction of every Murderer, unless the 'Court should see reasonable Cause for postponing the same, and such Sentence should express, not only the usual Judgment of Death, but also the Time thereby appointed for the Execution thereof; and it was by the said Act provided, that after such 'Sentence should have been pronounced it should be lawful for the Court or Judge to stay the Execution thereof, if such Court or Judge should so think fit: And whereas it was by the said 'Act, amongst other Things, further provided, that every Person 'convicted of Murder should after Judgment be fed with Bread ' and Water only, and with no other Food or Liquor, except in case of receiving the Sacrament, or in case of any Sickness or Wound, in which Case the Surgeon of the Prison might order ⚫ other Necessaries to be administered; and that no Person but the Gaoler and his Servants, and the Chaplain and Surgeon of the Prison, should have Access to any such Convict without the Permission in Writing of the Court or Judge before whom 'such Convict should have been tried, or of the Sheriff or his Deputy; and it was by the said Act further provided, that in case the Court or Judge should think fit to respite the Execution of such Convict, such Court or Judge might, by a Licence in Writing, relax during the Period of the Respite all or any of the Restraints or Regulations therein-before directed to be ob'served: And whereas by another Act passed in the Tenth Year 6 6 of the same Reign, intituled An Act for consolidating and 10 G. 4. c. 34. "amending the Statutes in Ireland relating to Offences against the Person, the like Provisions were made with respect to Persons 'convicted of Murder in Ireland: And whereas, for the Ends of Justice, and especially more effectually to preserve from an 'irrevocable Punishment any Persons who may hereafter be con'victed upon erroneous or perjured Evidence, it is expedient to 'alter and amend the said recited Acts in these respects;' Be it therefore 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 so much of the said Acts of the Ninth Recited Acts in and Tenth Years respectively of the Reign of His late Majesty part revealed. M 4 King |