where than within those limits. It is laid down by Dalton (b) that a J. P., for the time that he shall make his abode or be out of the county where he shall be in commission, cannot intermeddle to take any recognizance or examination, or otherwise exercise his authority in any matter that shall happen within the county where he is in commission; neither can he cause one to be brought before him out of the county where he is in commission. This restriction is recognised by the Petty Sessions Act, (c) which defines the local limits of the magistrate's jurisdiction, and goes no further than empowering a justice to act in an adjoining county provided he be a J. P. of that county.

Jurisdiction under the Petty Sessions Act. The petty sessions act (d) will be found in most cases to define the jurisdiction of the magistrates as to locality, and to regulate the districts in which they shall act. This statute was passed with the intention of consolidating and amending all the acts regulating the jurisdiction of justices, save only those which concern any proceedings relating to Her Majesty's revenue of excise, customs, stamps, taxes, or post-office, or relating to the preservation of game. The jurisdiction of the justices under those acts will be presently referred to, as well as some special provisions in other statutes upon this subject.

The following rules are deducible from the Petty Sessions Act-A county justice may act in all matters arising in that county, though he may at the time be in an adjoining county, provided he be a justice for such adjoining county (e), or he may act in all matters arising within such county, whilst in an adjoining county of a city or town, though not a justice of the same; but he may not act as to matters arising in such county of a city or town (ƒ).

(6) Dalt. c. 6, p. 19; see Paley Conv. 17.

(c) 14 & 15 Vic., c. 93, s. 7. (d) 14 & 15 Vic. c. 93.

(e) See 59 Geo. III., c. 92, s. 1. This statute does not appear to be repealed, not being mentioned in the Petty Sessions Act, and the above section (1) not being inconsistent with

that act.

(f) 14 & 15 Vic. c. 93, s. 7; see also similar provisions in 59 Geo. III., c. 92, s. 4; see R. v. Pickering, 1 J. & Sy. 583. By 5 & 6 Vic., c. 46, s. 4, justices of a county at large to which a portion of any county of a city or county of a town shall have been added may exercise jurisdiction therein.

The inspector-general or either of the deputy inspectors-general of constabulary, being a justice of any county, may act in all matters arising within such county wherever he may happen to be at the time.

Whenever any townland belonging to one county is added to any petty sessions district of an adjoining county, any J. P. having jurisdiction in such district has jurisdiction in that townland, though not a justice of the county to which such townland belongs (g).

Besides the regulations contained in the Petty Sessions Act, the provisions of 59 Geo. III. c. 92, s. 1, remain unrepealed. By this statute it is lawful for any J. P. acting as such for any two or more adjoining counties, to act in all matters and things whatsoever concerning or in anywise relating to any or either of said counties, provided that such justice be personally resident in one of such counties at the time of doing such act (h).

Justices of Dublin metropolis.] By 3 & 4 Vic. c. 103, s. 2, the divisional justices of Dublin are deemed to be justices of and for the county of Dublin, for the purpose of hearing and determining in a summary way all cases arising within the limits assigned for the police district, under the acts relating to the district of Dublin metropolis (i).

Disputed debts.] No defendant shall be sued or proceeded against at petty sessions under 22 Vic. c. 14, for the recovery of small debts, except at the petty sessions held within the county, and within the petty sessions district of the county in which the defendant resides.

(g) 14 & 15 Vic. c. 93, s. 7, cl. 4. (h) As jurisdiction should always appear upon the face of summary proceedings, any conviction had under the special powers of this statute should shew that the justice who exercises the unusual powers conferred by this act, of adjudicating upon an offence out of the county in which it has been committed, was personally resident at the time of his adjudication. Where a statute gave authority to the next justice, the conviction was held bad for not shewing

that he was the next justice, for none other had jurisdiction by the statute; see Saunders' case, 1 Saunders' 263; Dalton J., c. 6; 3 Bac. Abr. 293, tit. J. P.; R. v. Totness, 11 Q. B. 89; see Com. Dig. tit. Abatement, F. 25, where it will appear that "of" does not necessarily imply that the party dwells in the place of which he is described.

(i) County Dublin Js. have no jurisdiction in Dublin Metropolis; see 14 & 15 Vic. c. 93, s. 41 ; also ante, p. 19.

Excise cases.] For offences against the excise laws, jurisdiction is given to any two justices of the county where the offender is found or the goods are seized (j); and to facilitate informations for violent assaults or resistance to excise officers, every such offence, if committed in Ireland or any of the islands thereof, may be inquired of, examined, tried, and determined in any county in Ireland, as if actually committed in such county (k).

Post-office offences.] By 7 Will. IV., & 1 Vic., chap. 36, sec. 37, all offences against the post-office acts may be dealt with either in the county where they were committed or where the offender is apprehended; and if any such offence be committed in respect of any mail, or by any person engaged in the delivery of letter-bags, or of anything sent by post, it may also be dealt with in any county through any part of which such mail, &c. passed; and if any part of the road or canal by which the subject of the offence was conveyed, constitute the boundary of two counties, it is cognizable in either of such counties.

Merchant seamen.] By the Merchant Seaman's Act, 1854 (1), for the purpose of giving jurisdiction under it, every offence mentioned in it shall be deemed to have been committed, and the cause of complaint to have arisen, either in the place in which the same was actually committed, or in any place in which the offender or person complained against may be.

Customs.] Offences against the customs committed on the high seas are deemed to have been committed where the offender is "taken, brought, or carried, or where he is found; and in such cases local and county justices have a concurrent jurisdiction"(m).

Foreigners.] By 6 & 7 Vic., c. 34, offenders in the colonies. escaping into Ireland may, by virtue of a warrant endorsed by the Chief Secretary of the Lord Lieutenant, be arrested and conveyed before a J. P. of the county or other jurisdiction in which they may happen to be, and committed to gaol until they can be sent back to the place where the offence was committed. By the 6 & 7 Vic., c. 75, being an act for giving effect to a convention between Her Majesty and the King of the French for the

(j) 7 & 8 Geo. IV., c. 53, s. 65. (k) ib. s. 43.

(7) 17 & 18 Vic., c. 104, s. 520. (m) 8 & 9 Vic., c. 87, s. 95.

apprehension of certain offenders, where requisition is made to deliver up any person charged with the crime of murder (comprehending the crimes designated in the French Penal Code by the terms, assassination, parricide, infanticide and poisoning), or of an attempt to commit murder, or of forging, or of fraudulent bankruptcy, the Chief Secretary of the Lord Lieutenant of Ireland may issue his warrant, and any J.P. having jurisdiction where the offender is found, may issue his warrant for the apprehension of such person and commit him to gaol, there to remain until delivered up pursuant to such requisition (n).

Offences on the high seas.] An English ship upon the high seas is to be considered as part of the territory of England; therefore a foreigner, who, whilst on board of such ship, commits an offence, is amenable to the laws of England; and it makes no difference whether he has gone on board voluntarily, or has been detained there against his will (o). It is provided by stat. 18 & 19 Vic., c. 91, sec. 211, that where any person, being a British subject, charged with any offence on board a British ship on the high seas or in any foreign port, or if any person, not being a British subject, charged with having committed any offence on board any British ship on the high seas, is found within the jurisdiction of any court of justice in Her Majesty's dominions, which would have had cognizance of such offence if committed within the limits of its ordinary jurisdiction, such court shall hear and try the case as if such crime or offence had been committed within such limits (p).

International regulations.] For any breach of the duties arising under the articles set forth in the schedule annexed to 6 & 7 Vic., c. 79, for the guidance of the fishermen of the two countries, in the seas lying between the coasts of the United Kingdom of Great Britain and Ireland and those of the kingdom of France, the exclusive tribunal in Ireland is any justice of the peace having jurisdiction in the county or place in which, or in

(n) Like provisions are contained in the 6 & 7 Vic., c. 76, between England and America.

(0) R. v. Lopez; R. v. Sattler, 1 Dear. & B. C. C. R. 525.

(p) See 17 & 18 Vic., c. 104, being an act for improving the condition of seamen, &c., and maintaining discipline in the merchant service, for summary punishments and procedure.

the waters adjacent to which, the offence shall be committed, or to which the offender shall be brought (q). This tribunal is to decide all differences and all contentions, whether arising between fishermen of the same country, or between fishermen of the two countries (r), and may adjudge penalties, and enforce the payment of damages, to the injured party (s). This statute declares most expressly and with evident care, that the remedy before magistrates, which it provides, is to be exclusive, and it would be a clear infringement of the convention to bring an action in any of our courts against a French subject for a breach of the regulations; and it is equally a violation of the act to sue an English subject at common law for the same cause (t). The jurisdiction of the magistrates under this act is not confined to mere breaches of the regulations, but extends to cases of consequential damage; and they have power not only to inflict penalties, but to award compensation, as, for instance, where a trawler did not keep at a distance of three miles from a boat, the boat being engaged in drift-net fishing (u).

Rivers between two counties.] Where an offence shall be committed against any of the acts regulating the fisheries of Ireland, in or upon any river, lake, etc., forming the boundary between any two counties or petty sessions districts, the offence may be prosecuted before any J.P. in either of such counties, and may be alleged to have been committed therein (v).

Lands in two counties.] So under the several consolidation acts (w) if questions arise in respect of lands situate not wholly in one jurisdiction, they may be decided by a justice in any county, &c. in which any part of such lands is situated.

Sea shore.] That part of the sea shore which lies between high and low water mark is within and part of the adjoining

(g) See 6 & 7 Vic., c. 79, s. 11. (r) Article 69.

(8) See articles 71, 75.

(t) Marshall v. Nicholls, 18 Q. B. 882.

(u) Ib. see article 25, 6 & 7 Vic., c. 79. See cases on the point when the statutory remedy being exclusive, ousts the remedy by action, Crisp v. Bunbury, 8 Bing. 394; Stevens v.

Jeacocke, 11 Q. B. 731; see also
Couch v. Steel, 3 E. & B. 402.

(v) 5 & 6 Vic., c. 106, s. 106; see id. s. 96, by which the jurisdiction of magistrates of maritime counties is extended to offences against the fishery acts at sea.

(w) 8 Vic., c. 18, s. 3; 8 Vic., c. 20, s. 3.