of warrant, 179; replevisable, 180; but not under weighmaster acts, 693;
distress warrant, no priority over fi. fa., 180; for committal and vice versa,
348; withholding, in case between master and servant, 628.
DISTRICTS of petty sessions, formation of, 19, 321; when to be noticed
in the conviction, 169; judicial notice of, 202.
DISTURBING divine worship, 673, 674.
DITCHES, deepening with assent of surveyor, 394; owners of road ditches,
to clean, 397.
DITCH, open and offensive, 480; primâ facie, belongs to owner of field,
570; see as to ditch on public roads, 394, 397.
DIVINE WORSHIP, disturbing, 673, 674.
DIVISION of opinion among J. P.s. 33.
DIVISIONAL JUSTICES, their jurisdiction, 20; may act alone, 33.
DOCKS, regulations of; see APPENDIX, 601; setting fire to, 603.
DOCUMENTS, summons to produce, 73.
DOGS, stealing, 429; setting on, on public road, 398; setting on person is
an assault, 64; unlogged or unmuzzled by roadside, 399, 400; dangerous,
may be ordered to be killed, 400; of persons not qualified, 580; fighting.
483; swimming in reservoir or water work, &c. 460, 493; larceny of,
429; may be a common nuisance, 645; for killing game, certificate
necessary, 493; form of warrant to destroy, 595; qualification to keep,
573, 575, 579; allowing to be at large in streets, &c. 687.
DOOR, breaking, to execute search warrant, 44, 52.
DOVE, shooting at, 575; larceny of, 430.
DRAINS, in towns, regulations, 691; by public roads, offences as to, 394.
DRAINAGE, offensive, 480; maintenance of navigation, 493; regulation
in towns, 691.
DRINK, adulteration of, 33, 392, 563.
DRIVER, of public coach, &c. penalty, for carrying more than proper num-
ber, &c., 401; misconduct of, 402 to 405; driving furiously, 493; leaving
horses loose, id.; allowing others to drive, id.; driving cattle negligently,
398; age of, 405; compensation for damage done by, 406; cruelty to
animals, 483.
DROWN, attempt to, 493.
DRUG, administering unlawfully, 494.
DRUNKENNESS, punishment for offence of, 494; may be heard out of
P. S. 32, 327; to what gaol committal made to, 361, 494; legal effect on
crime, 125.
DUBLIN METROPOLIS, jurisdiction of J. P. 20; petty sessions act not
to extend to, 367.
DUCK, destroying nest of wild duck, 578; trepass in pursuit of, 580.
DUNG, laying on roads, 399.
DWELLINGS of the poor, jurisdiction of J. P., 494
DWELLING HOUSE, damaging, &c. 494.
DYE STUFF, putting in rivers, &c. 532; regulations as to dye works, 461,
DYING DECLARATIONS, principle of, 91; requisites of, id.; to be
taken without oath, 92; general instructions for taking, 93.
EDUCATION. See INDUSTRIAL SCHOOLS.
EEL WEIRS. See FISHERIES.
EGGS OF GAME, &c. destroying, 575.
EJECTMENT. See LANDLORD AND TENANT.
ELECTIONS, offences at parliamentary, 495; of petty session clerk 308.
ELECTRIC TELEGRAPH, injuring, &c. or attempting to injure, 442.
EMBEZZLEMENT, definition of offence, 495; distinction between, and
larceny, id.; see generally, id.
EMBLEMS. See PARTY PROCESSIONS.
EMBRACERY, offence of, 496.
EMERGENCY, issuing of warrant, 41.
ENCROACHMENTS ON COMMONS, 496.
ENFORCEMENT OF ORDERS on summary conviction, 103, 174, 351.
ENGINES, obstructing, 510; injuring, 496.
ENGINEER offending against public works commissioners, 668.
ENGLAND. See GREAT BRITAIN.
ENLISTMENT, offences connected with, 496.
ENTRY, false, may be erased by mandamus, 146; of appeal, 194, 195; of
fines, 382; forcible, 567; on lands for public works, 669
ESCAPE to avoid arrest, 43, 52; to avoid being served with summons, 330;
of prisoner, 56, 496.
ESTREATING recognizances, 362; see RECOGNIZANCE.
EVIDENCE, return of, See CERTIORARI; in indictable offences, how to
be taken, 73, 84, 335; variance in, and information, 127; in summary
proceedings, 75; taking evidence in summary proceedings, 140; variance
in, and complaint, 141, 366; of fact within jurisdiction, 141; as to time
of offence, id.; to negative an exception or condition, 142; of damage,
id.; making observations upon, 143; in excise and custom cases, 144.
EXAMINATION. See WITNESS; duty of J. P. on taking, 71; of wit-
nesses, 72; of witnesses in indictable offences should be separate, 72, 84 ;
procuring attendance of witness, 73; witness to produce papers, &c. 73;
of husband or wife, 74; of witnesses in excise and custom and game cases,
76; of witness to be upon oath, 77; of form of, id.; of Quakers and others,
80; of witness on taking informations, 83; of witness for prisoner, 87;
defect in information, &c. 88; after a remand, id.; accused entitled to
copy of, 89; defendant to be present, 84; to be returned for trial, 334;
clerk neglecting to return them, 324; mode of making return, 114, 194,
334; in summary proceedings may be taken down, 139, 140.
EXCEPTIONS, to be negatived, 125, 142, 158; negatived in convictions,
158; distinction between, and proviso, id.
EXCISE, second information for same offence, 13; cases, jurisdiction of
J.P., 19, 21; compromise of offence, 37; whether defendant may be
witness, 76; acts connected with game, 120; limitation of prosecutions,
120; who may make an information, id.; who may conduct proceedings,
id.; service of summons, 131; mode of conducting proceedings, 144;
evidence in, id.; as to form of convictions, 149; notice of appeal in excise
cases, 185, 187; cases not comprised in P. S. Act, 368; for procedure in
case of, 497 to 507; prosecutions before J. P. 497; to meet to adjudge
cases, id.; no officer of, to act as J. P. 498; seizure of forfeited goods, id. ;
limit of prosecution, id.; joint and several prosecutions, id.; J. P. to pro-
ceed to give judgment, 498; hearing of case, 499; where one J. P. may
act alone, id.; summons and service, id.; when party informed against
in prison, 499, 50; how judgment to be given, 500; how value of goods
ascertained, id.; penalties, id. ; mitigation of, id.; application of, 501;
condemning goods, id.; evidence in, id. ; proof on trial, 502; appeal in,
503; adjournment, 504; warrants for levy of penalty, id., 505; enforcing
judgments, &c. 505; warrants to be executed on endorsement, 506;
complaints as to overcharges, id.
EXECUTION of warrant, 41, 179, 359.
EXEMPTIONS, negativing, 125, 142. See EXCEPTIONS.
EXPENSES, in case of larceny, ordered, 614; of conveying prisoner, 112,
360.
EXPLOSIVE SUBSTANCE, search warrant for, 450; causing injury by,
507.
EXPOSING naked person, nuisance, 645.
EXTORTION, offence of, 507.
FACTOR, frauds by, 507.
FACTORIES, offences as to, 507 to 509.
FALSE ENTRY, may be erased by mandamus, 146.
FALSE IMPRISONMENT, offence of, 509; by constable, 50.
FALSE LIGHTS, exhibiting, 619, 639.
FALSE PRETENCES, offence of, 509.
FALSE REPRESENTATION, damages cannot be sued for before J. P.
FALSE WEIGHTS. See WEIGHTS AND MEASURES.
FARES OF HACKNEY CARRIAGES in towns, 690.
FEES, payable by J. P. 3; to be taken by P. S. clerk on case stated, 213;
stamps in lieu of, to P. S. clerk, 311; dies to be provided for stamps, id. ;
J. P. to enforce payment of, to P. S. clerk, 312; J. P. may remit, 313;
scale of, to be charged by P. S. clerk, 315; when he should not charge,
317; to pound keeper, 416; for P. S. clerk on inquiries at wrecks, 704.
FELONY, J. P. admitting to bail, 95; information of committal of, 328;
FENCE, injuring or destroying, 441; stealing or cutting with intent to
steal, 432; possession of stolen, 433; of roads altered without assent of
surveyor, 394; owners of road fences to clean, id.; ordered to be repaired
by J. P. 422; ownership of fence, 570.
FERN, burning on mountain, 574, 577.
FERRETS, using, 572.
FERRYMAN demanding toll from mail, 660.
FEVERS, prevention of, 481.
FIGHT, for a prize, an assault, 64; challenging to, 468.
FINE, to be definite in commitment, 109; remission of, by Lord Lieuten-
ant, 113; how to be directed in conviction, 163, 349; awarding to com-
plainant, 166, 349, 350; power of crown to remit, 113; when to be paid,
163, 347; in default of payment, imprisonment, id.; on payment, prisoner
to be liberated, 348; with or without hard labour, 349, 164; a third may
be awarded to informer, 166, 350; on payment of, no distress, 359, 177;
on payment of, prisoner to be discharged, 360, 179; P. S. clerk to keep
account of, 382; entry of, id.; when warrant to issue, id.; not to be
levied by sheriff, 383; to whom warrants to be addressed, id.; collection
of, 284; board of superintendence to compare books, id.; who are to
receive, 385; mode of accounting for, id. ; penalties for offences against
act, 386; appeal against such penalties, 387; estreating recognizances,
388; appropriation of, 166, 389; application in fishery cases, 510.
FIRE ARMS, using on roads, 398.
FIRE ENGINES, wilfully injuring, 510.
FIRE WORKS, using on roads, 398; in the streets, 509; search warrant
for, 450.
FIRST OFFENCE, conviction for, 114, 424.
FISH, larceny of, 430; tackle of anglers may be taken, 431; offering bad,
for sale, 392; liberty reserved to, 570; ponds, malicious injuries to, 485.
FISHERIES, jurisdiction of J. P. 23; Petty Sessions Act extends to the
fishery laws, 368; how penalties to be awarded, 510, 314, 551; com-
missioners, 511; using shores for nets, 511; use of shore, &c. by watch
man, 511; penalties on persons obstructing fishermen, 511; regulations
as to sea nets, 511; when herring nets, &c. may be set, 511, 542, 545;
penalty for not hauling up nets, 512; penalty on use of trawl and tram-
mel nets, 512; nets not to be used contrary to bye-laws, id.; bait beds
may be made, id.; discharging ballast in improper places, 513; coasts to
be divided into districts, 513; names of owners to be placed on boats,
533; fishing vessels to be registered and marked, 513; power to erect
stake nets and other fixed nets, 514; a net fixed to a pole is not a fixed net,
557; proprietors and lessees of lands may erect fixed nets where no several
fishery exists, 515; size of meshes, 515, 529, 545; net not to be injurious to
navigation, 516; using unlawful nets, 528, 529; stake nets, &c. not to be
placed in mouths of rivers, &c. 516, 543; defining mouths of rivers, 517,
542, 544, 558; where weir twenty years old, 517; how far stake net to
extend, 517, 561; draw net for salmon not to be used in narrow rivers, &c.
517, 518, 561; assaults on persons fishing in a legal manner, 518, 449; nets
for taking eels, 518; penalty for having salmon or trout in close season,
519, 530, 559; power to alter close season, 519, 542; see further as to close
time for salmon, &c., 547, 551; and for trout, 562; using wiers in close
time, 562; weirs, nets, &c, for taking salmon, to be removed during close
season, 520, 521, 559; saving as to weirs, &c., used to catch white sea fish,
521; as to mill sluices, 560; salmon, &c., not to be taken from Saturday
evening to Monday morning, 522, 560; in all salmon wiers a free gap to be
left, 523, 558; regulations as to spur and tail walls, 524; as to mill
weirs legally used for fishing, id. ; persons not to obstruct or fish at queen
share, 525; regulations as to cribs, &c., in fixed weirs for taking of salmon,
&c., 525; power to erect new wiers, 526; penalty for use of illegal weirs,
554, 557; in all dams, &c., free passage for fish, 526; same in natural ob
structions, 527; nets not to be used for taking salmon in inland waters,
528; angling, 529; tackle of anglers may be taken, 431; cross lines pro-
hibited, 529; penalty on trespassers, 529, 431; fishing in private ponds,
531, 430; penalties for killing or taking fish in or from several fisheries,
552; as to the powers and the exercise of jurisdiction of J.P. in such a case,
id.; colourable title, 553; definition of a several fishery, 555; as to patent
excluding right to fish for other fish than salmon, id.; what a grant will
pass, id.; there may be a several fishery in the open sea, 552; penalty
for using boats without permission, 529; stealing from, 462; taking fry
or spawn of salmon, &c. 529, 531; having or offering for sale unclean
fish, 530; taking fish at mills or factories or in diverted rivers, 530;
gratings to be placed in water courses, 531; taking salmon or trout at
night, 531; throwing poison into rivers, 532, 430, 560; appointment of
water bailiffs, 533; stamps on appointment, 545, 551; powers of, 533,
550; warrant to enter suspected places, 534; coast-guard to enforce
fishery acts, id.; power to arrest, 535; offence of using violence, 535;
assaulting commissioners, &c. 536; they may make bye-laws, id.; copies
of bye-laws to be sent to the clerk of the peace, 537; publication of bye-
laws, id.; recovery of expenses, 538; jurisdiction of offences at sea, id. ;
on waters bounding counties, 562; penalties and conviction, 539; how
illegal nets may be destroyed, 540; return of convictions to be made to
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