Penalty for forging Certificates, &c. Prosecution of Not to affect ters or their nor Aliens who have been resi dent Three Years, and obtained Certificate thereof; nor Aliens under Fourteen Years of Age. IX. And be it further enacted, That if any Person shall wilfully make or transmit any false Declaration, or shall wilfully forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, or shall utter, knowing the same to be forged, counterfeited, or altered, any Declaration or Certificate hereby directed, or shall obtain any such Certificate under any other Name or Description than the true Name and Description of the Alien intended to be named and described, without disclosing to the Person granting such Certificate the true Name and Description of such Alien, or shall falsely pretend to be the Person intended to be named and described in any such Certificate, every Person so offending shall, upon Conviction thereof before Two Justices, either forfeit any Sum not exceeding One hundred Pounds, or be imprisoned for any Time not exceeding Three Calendar Months, at the Discretion of such Justices. X. And be it further enacted, That all Offences against this Act shall be prosecuted within Six Calendar Months after the Offence committed; and all such Offences shall be prosecuted before Two or more Justices of the Peace of the Place where the Offence shall be committed, who are required, in default of Payment of any pecuniary Penalty, to commit the Offender to the Common Gaol for any Time not exceeding One Calendar Month, unless the Penalty shall be sooner paid, where such Penalty shall not exceed the Sum of Twenty Pounds, and forthwith to report to One of His Majesty's Principal Secretaries of State, or to Chief Secretary for Ireland, as the Case may require, the Conviction of every Offender under this Act, and the Punishment to which he is adjudged; and no Writ of Certiorari or of Advocation or Suspension shall be allowed to remove the Proceedings of any Justices touching the Cases aforesaid, or to supersede or suspend Execution or other Proceeding thereupon. XI. Provided always, and be it further enacted, That nothing in this Act contained shall affect any Foreign Ambassador or other Public Minister duly authorized, nor any Domestic Servant of any such Foreign_Ambassador or Public Minister, registered as such according to Law, or being actually attendant upon such Ambassador or Minister; nor any Alien who shall have been continually residing within this Realm for Three Years next before the passing of this Act, or who shall hereafter at any Time complete such Residence of Three Years, and who shall have obtained from One of His Majesty's Principal Secretaries of State, or from the Chief Secretary for Ireland, a Certificate thereof; nor any Alien, in respect of any Act done or omitted to be done, who shall be under the Age of Fourteen Years at the Time when such Act was so done or omitted to be done: Provided always, that if any Question shall arise whether any Person alleged to be an Alien, and to be subject to the Provisions of this Act, is an Alien or not, or is or is not subject to the said Provisions or any of them, the Proof that such Person is, or by Law is to be deemed to be, a natural-born Subject of His Majesty, or a Denizen of this Kingdom, or a naturalized Subject, or that such Person, if an Alien, is not subject to the Provisions of this Act or any of them, by reason of any Exception contained in this Act or otherwise, shall lie on the Person so alleged to be an Alien and to be subject to the Provisions of this Act. XII. And XII. And be it further enacted, That this Act shall commence Commencement and take effect from and after the First Day of July in the present of Act. Year. XIII. And be it further enacted, That this Act may be amended, Act may be altered, or repealed by any Act to be passed in this present Session altered this of Parliament. Session. CA P. XII. An Act for amending an Act of the Ninth Year of the Reign W HEREAS by an Act passed in the Ninth Year of His late Majesty King George the Fourth, intituled An Act for the 9 G. 4. c. 43. better Regulation of Divisions in the several Counties of England ' and Wales, it is amongst other Things enacted, that such Divi'sions, when severally constituted in the Manner directed by the 'said Act, shall be subject to no Alteration or Revision for the ⚫ several Terms of Twenty-one and Ten Years respectively, and ' until further Order of Sessions after the Expiration of such Terms of Twenty-one Years and Ten Years respectively: And whereas it may be expedient that such Divisions should have the 'same Limits as Unions of Parishes formed under the Act of the 'Fourth and Fifth Years of His present Majesty, intituled An Act 4&5W.4.c.76. for the Amendment and better Administration of the Laws relating to the Poor in England and Wales; and for this and other Rea'sons it may be expedient to alter such Divisions within shorter Periods of Time than are now fixed by the herein recited Act:' 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 it shall be lawful for the Justices of the Peace for any County, Riding, or Division having a separate Commission of the Peace, in any Court of Quarter Sessions, to alter and revise such Divisions in the Manner and according to the Forms required by the said herein recited Act, constituting on the Expiration of Three Years from the constituting thereof, thereof. any thing in such Act contained to the contrary notwithstanding. II. And be it further enacted, That it shall be lawful for the Justices as aforesaid at such Quarter Sessions to make any Order constituting any new Division, upon due Proof before them made in open Court on Oath, that at the Time of making the same there are at the least Five Justices of the Peace residing or usually acting within the Boundary Line proposed to be the Limit of any such new Division, but not otherwise. Justices at Quarter Sessions may alter Divi sions after 3 Years from the New Divisions may be consti tuted if Five Justices are resident or acting therein. III. And be it further enacted, That all Matters and Things by Forms, &c. to be the said herein recited Act required to be done by and with regard similar to those to the Clerk of the Peace shall be done by and with regard to in 9 G. 4. c. 43. that Officer with respect to the new Divisions to be formed by virtue of this Act. IV. Provided always, and be it further enacted, That every Reservation of such Order shall be made subject to such Power of petitioning Right of Ap6 & 7 GUL. IV. E against peal. Proceedings not to be quashed for Want of Form. Not to extend to Middlesex, Scotland, or Ireland. Repeal of 54 G. 3. c. 131. 55 G. 3. c. 13. Part of against the same as is given by the said herein recited Act with respect to any Order made by virtue thereof. V. And be it further enacted, That no Order to be made nor any Proceedings to be had or taken in pursuance of this Act shall be quashed or vacated for Want of Form, or be removed by Certiorari, or any other Writ or Process whatever, into any of His Majesty's Courts of Record at Westminster; any Law or Statute to the contrary notwithstanding. VI. And be it further enacted, That nothing in this Act contained shall extend or be construed or taken to extend to the County of Middlesex in England, or to Scotland or Ireland. 6 6 W CA P. XIII. An Act to consolidate the Laws relating to the Constabulary Force in Ireland. [20th May 1836.] THEREAS it is expedient to consolidate and amend the Acts for the Appointment of Constables and of Magistrates in Ireland in certain Cases;' 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 from and after the passing of this Act the following Acts and Parts of Acts, (that is to say,) an Act passed in the Fiftyfourth Year of the Reign of His late Majesty King George the Third, intituled An Act to provide for the better Execution of the Laws in Ireland by appointing superintending Magistrates and additional Constables in certain Cases, except so far as the said Act enables the Lord Lieutenant to change the Districts for holding Civil Bill Courts in Counties; an Act passed in the Fifty-fifth Year of the Reign of His said late Majesty King George the Third, to amend the said Act; and another Act passed in the Fifty-fifth Year of His said late Majesty, intituled An Act to enable Grand 55 G. 3. c.158. Juries to present additional Sums for Constables in Ireland, and for the secure Conveyance of Prisoners, except so much of the said last-mentioned Act as relates to the Expences of removing transported Felons, and of the conveying Persons charged with Treason or Felony to Gaol; an Act passed in the Fifty-seventh Year of the Reign of His said late Majesty, to amend the said Two firstmentioned Acts of the Fifty-fourth and Fifty-fifth Years of His said late Majesty's Reign; so much of an Act passed in the Fiftyninth Year of the Reign of His said late Majesty King George the Third, intituled An Act to enable Justices of the Peace in Ireland to act as such in certain Cases out of the Limits of the Counties in which they actually are; to make Provision for the Execution of Warrants of Distress granted by them, and to authorize them to impose Fines upon Constables and other Officers for Neglect of Duty, and on Masters for Ill-usage of their Apprentices, as enables Justices to impose Fines upon Constables; an Act passed in the Third Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the Appointment of Constables, and to secure the effectual Performance of the Duties of their Office, and for the Appointment of Magistrates, in Ireland, in certain Cases; an Act passed in the Fifth Year of the Reign of His said late 57 G. 3. c. 22. Part of 59 G. 3. c. 92. 3 G. 4. c. 103. Majesty Majesty King George the Fourth, intituled An Act to amend an 5 G. 4. c. 28. Existing Magistrates, Inspectors, Constables, until it is notified in the Dublin Gazette that a Constabulary Force is fully organized accord ing to this Act; upon such Notification their Appointments to cease, and the Houses, Furniture, &c. to continue Fourth, intituled An Act to amend Two Acts of the Third and and 9 G.4. c.63. Fifth Years of His present Majesty, for the Appointment of Constables in Ireland, shall be and the same are hereby repealed, save so far as the said Acts or any of them repeal any other Act, and save so far as herein to the contrary provided, and also save with respect to the Superannuation Allowances granted at any Time before the passing of this Act to any Chief or other Constables appointed under the said Acts or any of them, and save and except as to any Act, Matter, or Thing which may have been previously done in the Exercise of the Powers, Duties, Authorities, and Functions given by the said Acts or any of them; every which Act, Matter, and Thing shall be and remain valid and effectual to all Intents and Purposes as if this Act had not passed. II. Provided always, and be it enacted, That the Magistrates, Inspectors, Superintendents, Clerks, Chief and other Constables, Sub-Constables, Officers, and other Persons heretofore appointed, or acting under the said herein-before recited Acts or any of them, in any County, County of a City, or County of a Town, Barony, or other District, shall and they are hereby respectively authorized and required, notwithstanding the passing of this Act, to continue to discharge and execute their several Duties and Offices, with the like Powers, Privileges, and Authorities, and subject to the like Obligations, Restrictions, Liabilities, Directions, and Regulations, as heretofore, until it shall be notified, by a Notice to be inserted in the Dublin Gazette by the Inspector General to be appointed under this Act, that the Constabulary Force for such County, County of a City, or County of a Town is fully organized according to the Provisions of this Act; and upon such Notification the Horses, Arms, Appointments and Offices of all such Magistrates, Inspectors, and &c. to be transSuperintendents, Clerks, Chief and other Constables, Sub-Con- ferred to the stables, and Officers, and other Persons, within each such County new Force. and Place respectively, shall become and be void, and they shall severally discontinue acting under the said recited Acts; and all the Houses, Outhouses, Appurtenances, Furniture, Horses, Arms, Accoutrements, Saddles, Bridles, Clothing, Books, Papers, and Appointments, Articles and Things whatever rented, held, or provided for their Use respectively under the said recited Acts or any of them, shall be applied, transferred, employed, and converted to the Use and Accommodation of the Constabulary Force so organized, and the Right, Property, and Interest therein shall immediately upon such Notification vest in the Receiver for the Constabulary Force of Ireland to be appointed under this Act. III. Provided always, and be it enacted, That all Chief and Constables to other Constables and Sub-Constables who shall so discontinue holdsame Offices under this Act acting under the said recited Acts shall thenceforward severally act under this Act in the several Offices held by them respectively until otherwise as formerly, under the said recited Acts, without any further or other Appointment thereto, until the Lord Lieutenant or other Chief Governor or Governors of Ireland shall otherwise direct. E 2 IV. Pro directed; and to take the Oath herein mentioned, or, in default, to cease to act. Power to the nant to appoint Power to Lord Lieutenant to make Rules. Power to Lord IV. Provided further, and be it enacted, That every such Chief and other Constable and Sub-Constable appointed under the said recited Acts, and continuing to act under this Act as aforesaid, shall, within One Month from the making of the Notification aforesaid, take and subscribe the Oath herein-after mentioned in manner herein-after mentioned, and shall obtain and forward such Certificate thereof as is herein-after required, or in default of his or their so doing the Person or Persons who shall so make default shall at the Expiration of the said Period of One Month cease to hold his or their Offices. V. And be it enacted, That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, by Warrant under his or their Hands, to nominate and appoint One fit and proper Person to be Inspector General of Police throughout Ireland, who shall reside in Dublin, and shall be charged and invested with the general Direction and Superintendence of the Force to be established under this Act, and to appoint from Time to Time, when and as he or they may think necessary, One or Two fit and proper Persons to be Deputies to the said Inspector General, and to appoint any fit and proper Persons to be Clerks in the Office of such Inspector General; and every such Inspector General and Deputy Inspector General shall, on his Appointment to such Office, forthwith take before any Two Magistrates the Oaths by Law required to be taken by Justices of the Peace in Ireland, and also the Oath herein-after contained, and shall thereupon be and become, without further Qualification or Appointment, and continue so long as he shall hold the said Office, but no longer, a Justice of the Peace for every County, County of a City, County of a Town, and Town and Liberties in Ireland. VI. And in order to provide for one uniform System of Rules and Regulations throughout the whole Establishment of Police in Ireland, be it enacted, That it shall and may be lawful for such Inspector General, with the Approbation of the Lord Lieutenant or other Chief Governor or Governors of Ireland, from Time to Time to frame (subject to such Regulations as the Lord High Treasurer or Lords Commissioners of the Treasury, or any Three or more of them, may from Time to Time establish in respect of the particular Fiscal Duties to be discharged by the Receiver and Paymasters to be appointed under this Act,) Rules, Orders, and Regulations for the general Government of the several Persons to be appointed under this Act, as well with respect to the Places of their Residence, their Classification, Rank, and particular Services, their Distribution and Inspection, as to the Description of the Arms, Accoutrements, and other Necessaries to be furnished to them, and which of them shall be supplied with Horses, and all such other Rules, Orders, and Regulations relative to the said Police Force as may be necessary for the Purpose of preventing Neglect or Abuse, and for rendering the said Force efficient for the Discharge of the several Duties thereof. VII. And be it enacted, That it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland in appoint County like Manner from Time to Time to appoint Four Persons to be Inspectors. County |