SECTIONS 16-19. Further redress for damage. Saving rights of in case he shall see sufficient cause for the same, but not otherwise. (b) (a) See sect. 8, ante, p. 22. 66 (b) As to right of police to destroy stray dogs, see Dogs Act, 1906," sect. 3 (post, p. 142). XVII. Provided, nevertheless, that nothing herein contained shall prevent any person or persons from obtaining such further or other redress for any damage which he or they shall sustain by means of any such dog or dogs as he or they may be entitled to by the laws now in force. (a) (a) Under the Dogs Act, 1906, sect. 1 (post, p. 142), the owner of a dog is liable in damages for injuries done to horses, mules, asses, sheep, goats, and swine, though the dog was not known to be a mischievous animal. XVIII. Provided always that nothing in this Act contained lords of manors. shall be construed to affect, injure, or lessen in any way whatsoever the rights or privileges of lords of manors. (a) How offences shall be determined. Credible witness. Summary proceedings. (a) As to the existence of manors in Ireland, see Delacherois v. Delacherois, 11 H.L.C. 100. XIX. And be it further enacted by the authority aforesaid that all offences against this Act not herein otherwise provided for, shall and may be inquired into and determined either by the oath or oaths of one or more credible (a) witness or witnesses, or by the confession of the parties accused before one or more of his Majesty's justices of the peace for any county, county of a city, or county of a town where the offence shall be committed or found; (b) and such justice of the peace is hereby empowered to grant and issue his warrant for the distraining and sale of the goods of the party offending, in order to raise the penalty or forfeiture; and in case no sufficient distress shall be found, the person or persons so offending shall, by warrant of such justice of the peace, be committed to the house of industry or house of correction, there to be kept to hard labour, or to the gaol of such county, city, or town, there to remain without bail or mainprize for any time not exceeding one calendar month or until such fine shall be paid. (a) This merely means competent (Paley, 8th Ed., 128). The informer and complainant, though interested in the result of the proceedings, are competent witnesses (6 & 7 Vict. c. 85, sect. 1; 14 & 15 Vict. c. 99, sect. 2). (b) All proceedings before justices of a penal nature must be commenced by an information which is the basis of all subsequent proceedings, and without which the justice is not authorized in intermeddling except where he is empowered by statute to convict on view (Paley, 8th Ed., p. 75). SECTION 19. Unless so directed by statute, the information need not be on oath or even in writing (R. v. Millard, 6 Cox C.C. 150), though the latter practice is more desirable. Information, requisites of. The fact that several distinct offences of the same kind are included in Petty Sessions one conviction will not apparently vitiate the conviction (R. v. Scott, (Ireland) Act 4 B. & S. 368; R. v. Swallow, 8 T.R. 284), except in cases which come not generally applicable to under the provisions of the Petty Sessions (Ireland) Act, 14 & 15 Vict. breaches of c. 93, which is not in general applicable to prosecutions relating to the Game Laws. Game or Excise Laws (sect. 42). As to procedure in cases where the Petty Sessions Act is applicable, see post, p 99. The information should state the place where and time when the offence was committed, as, under the present statute and some others, the prosecution must be brought within a specified time after the committing of the offence. It should also set out the time and place where the information was taken, that it may appear that the justice was acting within his jurisdiction (R. v. Hazell, 13 East. 139). By 40 & 41 Vict. c. 56, sect. 76 (post, p. 113), no conviction shall be quashed by reason of any defect or variance in the summons, charge, or information. By the same section, there is a power in the justices to amend the summons, charge, or information. A direct charge, and not a mere statement of facts from which an offence may be presumed, should be stated (R. v. Bradley, 10 Mod. 155). Formerly every exception contained in the clause creating the offence had to be negatived. (R. v. Jukes, 8 T.R. 542); but by 40 & 41 Vict. c. 56, sect. 78 (post, p. 114), no exception, whether accompanying the description of the offence or not, need be negatived; or if negatived, need be proved. The information having been laid before the justice, he shall issue a The summons. summons directing the defendant to appear and answer the charge; for it is an invariable rule of law that the accused should have an opportunity of resisting the charge (R. v. Benn, 6 T.R. 198), and to this end the summons should set out the charge in full. The summons should be signed by the justice (R. v. Steventon, 2 East. 365). The service of the summons should be personal (R. v. Hall, 6 D. & R. 84; R.v. Simpson, 10 Mod. 341), as it is thought that the provisions for substituting service under 14 & 15 Vict. c. 93 do not apply, as not being a "form of procedure"; but if the defendant appears, the irregularity is waived (R. v. Barrett, 1 Salk. 383). The justices, if the party summoned does not appear in answer to the summons, may proceed in his absence (R. v. Simpson, supra). There seems to be some doubt as to whether justices can issue a warrant The warrant. for arrest if the party summoned does not appear. See Levinge's "Game Laws," p. 59; but Hawkins' " Pleas of the Crown," 8th ed., vol. ii., p. 133, considers this as a necessary part of the jurisdiction of magistrates. Any magistrate who is directly or indirectly interested in the case should The trial. not adjudicate or even sit on the bench (R. v. Allen and others, 33 L.J.M.C. 98), as where he laid the information (R. (Burke) v. Galway JJ., 31 I.L.T.R. 160), or as one of a board of conservators was present at a meeting which directed a prosecution under the fishery laws (R. v. Henly, [1892] 1 Q.B. 504; R. (Casey) v. Louth JJ., 31 I.L.T.R. 241). But where the magistrate is merely a subscribing member of a society which institutes the proceedings, as in R. v. Deal Corporation, 45 L.T. (N.Š.) 439 (Society for the Prevention of Cruelty to Animals); in Allinson v. General Medical Council, [1894] 1Q.B. 750 (a Medical Defence Union); R. (Young) v. Burton, [1897]2 Q.B. 468 (Incorporated Law Society), it would appear that he is not disqualified from acting. The proceedings should be in public, and consequently the justices are not warranted in removing a person unless he interrupts the Court (Daubny v. Cooper, 10 B. & C. 237). SECTIONS 19, 20. Questions of title not triable. The conviction. Small Penalties Costs. Irish currency. Police. Appeal. Prosecution in six months. The justices have no power to compel the attendance of witnesses unless under special statutory authority (Paley, 125). The jurisdiction of justices is ousted if the defendant raises a bona fide question of title; and if the justices believe that the claim is bona fide, they should not proceed further with the case (Johnson v. Meldon, 30 L.R.I. 15). But the person setting up the right must show some ground for its assertion (Watkins v. Major, L.R. 10 C.P. 662); and if no evidence is produced on which to found the claim, the justices may convict (Binnie v. Marshall, 35 L.T. 373). It is to be noted that although the statutes relating to game and excise are excepted from the operation of 14 & 15 Vict. c. 93, yet all proceedings may be in the forms of procedure required by that Act or as near thereto as the circumstances of the case will admit (14 & 15 Vict. c. 93, sect. 42). The conviction should set out the offence or offences (R. v. Swallow, 8 T.R. 284), and should contain both the adjudication of guilt and the imposition of the penalty. The entry in the Petty Sessions book is, however, sufficient. Where there is an order imposing a punishment without stating that the prisoner is convicted, it is sufficient (R. (Conway) v. Tyrone JJ., [1906] 2 I.R. 164, at p. 172). By the Small Penalties (Ir.) Act, 1873 (36 & 37 Vict. c. 82), sect. 4, it is provided that where, upon summary conviction, any offender is adjudged to pay a penalty not exceeding £5, such offender in case of non-payment 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 be sooner paid : For any penalty not exceeding 10s., not to exceed the imprisonment seven days. fourteen days. one month. two months. Exceeding 10s., but not exceeding £1, The justices have no power to award costs, as that jurisdiction only exists under 14 & 15 Vict. c. 93; and if a specified sum is fixed as a punishment for the offence, they have no power to lessen it. If the sum mentioned in the statute is Irish currency, it should be reduced to British, as otherwise there would be an infliction of a larger fine than is permissible, and the conviction would be bad (R. v. Creagh, 5 Ir. Jur. 109). The defendant is entitled to a copy of the conviction (R. v. Midlam, 3 Burr. 1720). Until a conviction is formally drawn up the justices have a locus poenitentiae, and may change their mind (Jones v. Williams, 36 L.T. 559). The entering of the conviction in the order book is the formal conviction, and cannot be amended (R. (Burke) v. Justices of Cork, 5 N.I.J.R. 26). By 6 Wm. IV. c. 13, s. 15, it is provided that no constable shall be employed to enforce any Acts relating to the laws for the preservation of game, except only in cases where forcible resistance shall have been actually made, and proved by information taken on oath. It is, however, the duty of the police to enforce the Poaching Prevention Act, 1862 (post, p. 81), and the Gun Licences Act (post, p. 105). As to appeal, see sect. 23, post, p. 29. XX. Provided always that such prosecution (a) shall be commenced within six calendar months after the offence shall be committed. (a) The laying of the information is the commencement of a prosecution for an offence punishable on summary conviction (Bradshaw v. Vaughton, 9 C.B. (N.S.) Î03; R. v. Barrett, 1 Šalk. 383). SECTIONS 20-23. XXI. And be it further enacted by the authority aforesaid, Application that from and after the said first day of June, one thousand of forfeitures. seven hundred and eighty-seven, all forfeitures to be incurred for any offence against the Game Laws shall, when recovered, be paid one-half to the informer or prosecutor, and the other half to the use of the county infirmary, or house of industry, first deducting a sum after the rate of two shillings for every twenty, which shall be paid to the constable or constables for his or their trouble in executing the warrants of such justice of the peace, if such justice shall think fit. (a) (a) Repealed by Statute Law Revision Act, 1879. As to the application of penalties now, see 14 & 15 Vict. c. 90, s. 13, ante, p. 6. for offence. XXII. And be it enacted by the authority aforesaid, that No person to be from and after the first day of June, one thousand seven whipped, &c., hundred and eighty-seven, it shall not be lawful for any justice or justices of the peace, before whom any person or persons shall be tried in a summary way for any offence or offences committed against any laws now in force for the preservation of the game, to order or direct any person or persons to be whipped, or suffer any other corporal punishment for any offence or offences committed against said laws. (a) (a) The punishment of whipping was inflicted under 10 Wm. III. c. 8, sect. 8, for tracing game in the snow, etc.; ante, p. 10. justices may general Quarter XXIII. And be it further enacted by the authority afore- Persons said, that if any person shall think him or herself aggrieved (a) aggrieved by by anything done in pursuance of the laws relative to the appeal to game (b) by any justice of the peace, such person may appeal Sessions. to the next general sessions for the said county (c) where the cause of complaint (d) shall arise, who are hereby authorised and required to hear and determine the same, and, if need be, to cause to be empanelled a jury to try the fact or facts which may arise upon such matter of complaint, and to award such costs to the parties appealed against as they the said justices shall think just and reasonable, such person appealing having first entered into a recognizance before some justice of the peace for said county, with two sufficient sureties, conditioned to try such appeal, and abide the order of and to pay such costs as shall be awarded by the said justices, and the determination of the said justices shall be final binding, and conclusive to all intents and purposes; and SECTION 23. no order made concerning any matters, proceedings, conviction, or convictions aforesaid, relative to the game, shall be quashed for want of form, or be removed by a certiorari or any other writ or process whatsoever, into his Majesty's Court of King's Bench in Dublin. (e) Aggrieved person. Methods of (a) This section only gives the right of appeal to the defendant who has been convicted (R. (Kane) v. Tyrone JJ., 40 I.L.T.R. 181), overruling the dicta in R. (Bridges) v. Armagh JJ., [1897] 2 I.R. 236. In Fitzherbert v. Doyle, 40 I.L.T.R. 141, a contrary view was taken by the County Court Judge; but Kane's Case was not cited before him. The notice of appeal should state that the person appealing is aggrieved (R. v. Recorder of Dublin, 6 Ir. L.R. 440). See note (e), infra, as to appeal under 14 & 15 Vict. c. 90, (b) I.e., 10 Wm. III. c. 8, and the present Act, 27 Geo. III. c. 35. (c) That is, for the division of the county where the decision of the justices has been given (R. v. Sussex JJ., 4 B. & S. 966). (d) I.e., the conviction. (e) There are three methods by which the decision of justices can be reviewing deci- reviewed, viz: (i) by Appeal to Quarter Sessions; (ii) by a case stated for sions of justices. the opinion of the High Court; (iii) by application for a writ of Certiorari; 1. Appeal. (i) the right to appeal from a decision of justices only exists in those cases where it is given by statute. The power of appeal given by the Petty Sessions (Ireland) Act, 14 & 15 Vict. c. 93, does not apply to cases of prosecutions for breach of the Game or Excise Laws unless specially incorporated; but under sect. 9 of the Fines and Penalties (Ireland) Act, 14 & 15 Vict c. 90, an appeal to Quarter Sessions is allowed in all cases where there is an order of justices for payment of any penalty exceeding 40s. The procedure on appeals under that Act is regulated by the provisions of 14 & 15 Vict. c. 93 (post, p. 62), which are incorporated in sect. 9 of 14 & 15 Vict. c. 90, and by the County Officers and Courts (Ir.) Act, 1877, 40 & 41 Vict. c. 56, sect. 72 (post, p. 112). There is also under many of the Acts relating to game, as under the present Act, a special power of appeal to Quarter Sessions, in which it is not necessary apparently to follow the procedure laid down for appeals under the Fines and Penalties (Ir.) Act. 2. Case stated. 3. Certiorari. (ii) Under the provisions of the Case Stated Act, 20 & 21 Vict. c. 43, either party dissatisfied with the decision of the justices in point of law may apply in writing to them, within three days after their decision, to state a case for the opinion of one of the Superior Courts (i.e., one of the divisions of the High Court) to be named by the party applying. Within three days after receiving the case, the appellant must transmit it to the court named, first giving notice to the respondent, and entering into recognizance to prosecute the appeal. The exercise of the power given by this statute deprives the appellant of the right of appeal to Quarter Sessions. The statute applies equally in cases of conviction or dismissal (Davys v. Douglas, 4 H. & N. 180), but only where there is a question of law involved, for the High Court will not inquire into questions of fact. The justices may decline to state a case if they are of opinion that the application is frivolous. (See further, Paley on Summary Convictions; Molloy, Justice of the Peace). (iii) The right to apply for a writ of certiorari to quash a decision of justices either at Petty or Quarter Sessions exists in every case where it has not been taken away by statute, and a provision that the decision of the justices shall be final is not sufficient for that purpose (Paley, 8 Ed. 445). A statute taking away certiorari does not bind the Crown unless it is named (R. v. Allen, 15 East. 333, 341), and this rule is extended to the case of a |