FORM OF INFORMATION, TO BE MADE before a JUSTICE, OF MALICIOUS INJURY, WHERE IT IS INTENDED TO SEEK FOR COMPENSATION UNDER GRAND JURY ACT, sec. 6, 7 Wm. iv., c. 116.

County of to wit.

Petty Sessions district of

County of

The information of A. B., of [describe fully residence and calling, &c.], who saith on his oath, that sometime between the hour of eleven o'clock on the night of Thursday, and two o'clock in the morning of Friday, the 12th or 13th day of November instant [or in any other words that indicate the time or about the time, so far as is known] on the lands of -, in the parish of barony of and county of [here describe the property-30 many ricks of hay, straw, &c.] my property, [or if made by a steward or servant, state whose property it is] were wilfully and maliciously [or if he cannot state positively, were as I verily believe], set on fire and wholly (or partly] destroyed. And I further say that I do not know the person or persons who so committed the said injury, or any of them. [If he knows or believes who the parties are let him describe them.]

And the said informant binds himself to attend and prosecute this information whenever noticed, called upon, or required to do so by the Constabulary or any lawful authority, or otherwise to forfeit to the Crown the sum of £10 [or any sum the Justice names].

(Informant signs.)

Information to be made within three days after the outrage, unless prevented by illness or other sufficient cause, see section 137. Proceedings not to be impeached for informality if substantially correct, section 174. If the proceedings should be for malicious injury by rioters, under 16 & 17 Vic., c. 38, s. 1, the form will suit, adding the words that the injury was caused by a number of persons who were "then and there riotously and tumultuously assembled." The information sworn should be lodged with the Petty Sessions Clerk of the district, to be used in any prosecution or produced whenever required. It should not be retained by the informant; that is not the object for which it is required to be made. The Clerk, if required, could give a copy of it to the informant, or a certificate of its being duly made and lodged.

FORM OF NOTICE.

To A.B., High Constable of the barony of

and C.D., and E.F., Church

wardens of the parish of in the said barony, and county of

You and each of you are hereby required to take notice that [describe the outrage and injury just as in the information, and statiny also the value of the property destroyed]. And that it is my intention to apply to the Presentment Sessions to be held on the day of, 18, at for the said barony

of, and county of, for compensation for the loss sustained by me by reason of the said malicious injury to my said property, and that same may be levied off the county at large, or off such barony, parish, district, townland, or subdemonination thereof as the Grand Jury shall direct.

Dated this

day of ——, 18—.

Signed

[Name and Residence.]

This notice is to be served on the Baronial High Constable and the Churchwardens (or if there be no Church wardens, upon two of the principal inhabitants) of the parish where the offence is committed, and at the nearest police station, within six days at least after the commission of the offence, and lodge with the High Constable or Secretary to the Grand Jury in like manner and time as application for presentments for public works, &c., an application setting forth the loss, damage, time, and place, &c.; see section 135.

BOARD OF TRADE INQUIRIES AS TO WRECKS, &c.
JUSTICES' CLERKS FEES.

(According to Treasury Chambers Minute F. 10097, 13th Sept., 1877.)

s. d.

Taking instructions to hold investigation,
Convening Justices and Assessors, for each member of the Court convened, 2
Summons and duplicate to witnesses, each,
Service of each summons, (a)

Taking down examination of witnesses in writing, per folio of 90 words, (b)
Copy of evidence when required-per folio,

Drawing report to the Board of Trade-per folio, .

Fair copy thereof-per folio,

Attending Justices, &c., for their approval and signatures,

Letter to Board of Trade, with report,

Attending Court, and taking down examination in writing, for each hour employed,

43212OOOO♡♡

4

6

6

6

4

6

6 8

(a) These summonses are sometimes served by Custom-house servants, and therefore no fees are payable to any other.

(b) The Board of Trade or Wreck Commissioners sometimes direct (it is so in Ireland at present) that a shorthand-writer shall perform this duty, therefore the clerk cannot charge for it, but it does not interfere with the clerk's fees, attending Court, &c., at 68. and Sd. per hour.

The Justice is paid three guineas for first day, and two guineas cach subsequent day during the inquiry.

Dangerous Lunatics and Idiots-It was intended to set out the Form used in the committal of dangerous lunatics, and that used in the case of pauper lunatics or idiots whose friends desire to place them in the public asylum, but the forms, certificates, &c., are too lengthy for this work. The forms of committal of dangerous lunatics are to be had from Thom & Co., Her Majesty's Stationery Office, Dublin; the others can be obtained at the lunatic asylum to which it is intended to send the patient. These forms contain all particulars requiring to be complied with by Magistrates, medical officer, and friends of the lunatic. They ought to be kept in Petty Sessions Courts and police stations.

Fines-Circular directing how FINES and PENALTIES are to be paid and

disposed of.

Circular to Clerks of Petty Sessions.

Chief Secretary's Fines and Penalties Audit Office,

Dublin Castle, 1st November, 1851.

In reference to the Fines Act (Ireland), which comes into operation the 1st of November, 1851, Clerks of Petty Sessions are to observe, that on and after that day they will be the chief accountants as to all moneys received on foot of fines and penalties which may be imposed subsequent to that date, and as to all proceedings in reference thereto.

All moneys levied by the Constabulary, under warrants, are to be paid over without delay to the clerks, as also all moneys received by gaolers or bridewellkeepers. The clerks, on receipt of such moneys, are promptly to make all pay· ments thereout which may be authorized by law; and all moneys payable to the Crown are to be lodged in bank, as the clerks will be hereafter directed.

In case of Petty Sessions for boroughs, all money awarded to the treasurer of the borough by the Magistrates is to be paid over either weekly or at such time as the treasurer of the borough may require.

Forms for the rendering of accounts will be hereafter forwarded, and the clerks in furnishing their accounts will be required to produce written vouchers for all payments made by them.

In the payment of moneys, portions of fines, or other penal sums, to parties entitled thereto, stamped receipts are not required.

Until the issue of further books for the entry of fines and the accounting therefor, the entries are to be made in the books at present in hand, the clerk making use of as many lines and as many sheets as may be required for a faithful entry of all that shall have been done in reference to each case.

Clerks are further to observe that, with references to all fines, &c., imposed previous to the 1st of November, 1851, the returns thereof are to be furnished to the Constabulary in all respects as heretofore, who will be the proper parties to render account thereof.

In the payments of portions of fines to members of the Constabulary Force, the payments are to be made in precisely the same manner as payments to any other parties.

WM. M. SOMERVILLE.

STAMPS-Revenue Cases not liable to Stamps.

Dublin Castle, 7th March, 1859.

GENTLEMEN,-Referring to the circular addressed to you on the 15th ultimo, I am directed by the Lord Lieutenant to acquaint you that the question whether documents used in proceedings at Petty Sessions, at the instance of the Inland Revenue Department, are liable to the Stamp duty imposed by the 21 & 22 Vic., c. 100, having been submitted to the Law Officers of the Crown, they have given the following opinion thereon:

"We think that the documents used at Petty Sessions, in proceeding before Magistrates at the prosecution of the Inland Revenue Department, are not liable to the Stamp duty imposed by the 21 & 22 Vic., c. 100, s. 14.

"The Petty Sessions Act, 14 & 15 Vic., c. 93 (imposing fees on Forms, &c.), exempted, by the 42nd section, informations and other proceedings relating to Her Majesty's revenue, &c., and this Act is incorporated with the late Act, 21 & 22 Vic., c. 100, and therefore the exemption is continued, unless expressly taken away.

"One of the main objects of the late Act was to pay clerks by salaries from a fund to be derived from stamps and fines, &c., but we think that the 14th section and Schedule C only imposed stamps on such Forms as paid fees under the former Act, and that Revenue cases are not within the purview of either Act.

"An apparent difficulty arises from the 25th section, providing that when a case is prosecuted by the Constabulary, or by any public officer on behalf of the Crown, he may have the stamps remitted by the Registrar; but there are other public prosecutions which would satisfy the words of the Act, and a giving of new stamps by the Registrar to the Revenue officers, in lieu of stamps used at Sessions, would be of no use to parties not liable to stamps in the first instance.

"We think that the exemption conferred on the Revenue by the first Act has not been taken away by express words, or even by necessary implication (if that were sufficient) in the second, and that to impose a tax or take away a Crown exemption would require stronger words than are contained in the late Act." (a) I am, Gentlemen, your obedient Servant,

THOMAS A. LARCOM.

STAMPS-Committals of Prisoners are to be Stamped.

Dublin Castle, 30th January, 1860.

GENTLEMEN,-It having been represented to the Lord Lieutenant that, in different parts of the country, prisoners have been committed to gaols by warrants of committal not bearing the stamp required by 21 & 22 Vic., c. 100, His Excellency desires to call the attention of the Magistrates to the irregularity of this practice, and trusts that it will be discontinued.

I am, Gentlemen, your obedient Servant,

THOMAS A. LARCOM.

(a) Then it would seem that the clerk may accept of the fees payable in Revenue cases, and provided for under previous Acts, as the Acts above referred to do not in any way affect the question.

CIRCULAR TO CLERKS OF PETTY SESSIONS.

Levy Warrants-Clerks to notify to Constable if amount paid after Warrant issued.

Dublin Castle, 10th May, 1852.

Under the provisions of the Act 14 & 15 Vic., c. 93, sec. 5, par. 7, it is ordered by the Lord Lieutenant that the following regulation be observed by all Clerks of Petty Sessions throughout Ireland, viz. :—

In all cases where a warrant shall have been issued for the levy, by distress alone, of any sum, whether of a penal or civil nature, and after the issue of such warrant, the amount thereof shall have been tendered to the clerk who shall have received the same, and given his receipt therefor, it shall be the duty of the clerk, promptly, in writing under his hand, to notify the fact of such payment to the officer of Constabulary to whom the warrant was directed, and also to the officer in charge of the nearest Constabulary station.

JOHN WYNNE.

CIRCULAR TO THE Clerks of PETTY SESSIONS IN IRELAND.

Clerks-Not to interfere at Elections.

Dublin Castle, 30th June, 1852.

The attention of the Lord Lieutenant having been called to the circumstance that possibly several of the persons holding the situation of Petty Sessions Clerk may be induced to engage themselves in various capacities for candidates at the coming election, and His Excellency being of opinion that any such proceedings would interfere with the proper discharge of the duties which belong to their office, I think it right to call your attention to the provisions of the Petty Sessions Act, 14 & 15 Vic., c. 93, sec. 4, and to apprise you that it is His Excellency's positive injunction that you shall not in anywise interfere on behalf of any candidate at the coming elections.

JOHN WYNNE.

CIRCULAR ADDRESSED BY LORD NAAS, CHIEF SECRETARY, TO THE LIEUTENANTS OF COUNTIES IN IRELAND.

Magistrates-Members of the same Family should not act in Conjunction. Dublin Castle, 28th October, 1852.

I am directed by his Excellency the Lord Lieutenant to inform you that representations have been made to him, that Magistrates nearly related have been in the habit of presiding and acting together at Petty Sessions. The objection to this practice is distinctly intimated by several of the printed questions which Magistrates are required to answer previous to their appointment; and its tendency to prejudice the administration of justice is so obvious, that his Excellency trusts that a mere expression of his disapproval will be sufficient to prevent its continuance.

I am also directed by his Excellency to send you a copy of a Circular Letter which has been brought under his consideration by the Lord Chancellor, and which was addressed by order of Lord Normandy to the Lieutenants of Counties preparatory to a revision of the Magistracy of Ireland. This communication