this act every offence by this act and the said recited acts, respectively, made punishable on summary conviction in Ireland, may be prosecuted before any justice or justices sitting in petty sessions in Ireland, or before any two justices sitting out of petty sessions, (when the offender shall be unable to procure bail for his appearance at petty sessions), or before any divisional justice of the police district of Dublin metropolis; and no stipendiary magistrate in Ireland, not being a justice of the police district in Dublin metropolis, shall have any further or other jurisdiction than any other justice of the peace in respect of any such offence (a).

3. [Provisions in 24 & 25 Vic. cc. 96 and 97, relating to mode of compelling appearances, not to extend to Ireland.] The provisions contained in the 105th section of the said act of the last session, cap. 96, and in the 62nd sec. of the said act of the same session, cap. 97, relating to the mode of compelling the appearance of persons punishable on summary conviction, shall not extend to Ireland (6); and from and after the commencement of this act whenever information shall be given to any justice or justices in Ireland that any person has committed or is suspected to have committed any offence within the limits of the jurisdiction of such justice or justices, for which such ersons shall be punishable upon a summary conviction, all proceedings as to compelling the appearance of any person against whom any such complaint shall have been made, or of any witness, and as to the hearing and determination of such complaints, and as to the making and executing of any orders relating thereto, shall be subject in all respects to the provisions of "The Petty Sessions (Ireland) Act, 1851," as the same is amended by The Petty Sessions Clerk (Ireland) Act, 1858," when the case shall be heard in any petty sessions district, and to the provisions of the acts relating to the divisional police offices when the case shall be heard in the police district of Dublin metropolis, so far as the said provisions shall be consistent with any special provisions of this act.

4. [Penalty on stealing trees, shrubs, &c. (under the value of £5) growing anywhere.] Any person who shall steal, or shall cut, break, root up, or otherwise destroy or damage with intent to steal, the whole or any part of any growing tree, sapling, shrub, or underwood, or any growing fruit or vegetable production, or any growing cultivated root or plant, shall (in case the value of

(a) See ante, pp. 32, 135, 436, for comments on the provisions of the above recited acts, and which are by this section amended; and see pp. 439, 448, 452, for the sections which have been amended.

(b) On reference to p. 436 it will be seen that the same view has been taken by the editor with regard to the operation of the sections above referred to.

the property stolen or the amount of the injury done shall not exceed £5) pay to the party aggrieved the value of the property stolen or the amount of the injury done, and shall also be liable to a fine not exceeding £5, or to be imprisoned for any period not exceeding three months; and the offences in this and the following sections mentioned may be prosecuted summarily before one or more J. P.'s as herein-before mentioned.

5. [Penalty on stealing trees, plants, vegetables, &c., severed from the soil, or turf fuel, not exceeding 40s. in value.] Any person who shall steal, or damage with intent to steal, the whole or any part of any tree, sapling, shrub, or underwood, or any cultivated plant, root, fruit, or vegetable production severed from the soil, or any turf or peat manufactured or partly manufactured for fuel, (in case the value of such article or articles stolen or the amount of the injury done shall not exceed 40s.), shall pay to the party aggrieved the value of the property stolen or the amount of the injury done, and shall also be liable to a fine not exceeding £5, or to be imprisoned for a term not exceeding three months (c).

6. [Penalty on persons possessing carcases of sheep, &c. without accounting for the same.] Whenever any credible witness shall prove upon oath, before a J. P., that there is reasonable cause to suspect that any of the articles of property following; that is to say, the carcase of any sheep or lamb, or the head, skin, or any part thereof, or the fleece of any sheep or lamb, has been stolen or unlawfully taken, and is to be found in any house or other place, it shall be lawful for such justice to issue a warrant to search such house or place for such articles of property; and any person in whose possession or on whose premises any of the said articles of property shall be found by virtue of any such search warrant (or by any member of the constabulary or metropolitan police forces when executing any warrant or otherwise acting in the discharge of his duty), and who shall not satisfy the justice before whom he shall be brought, that he came lawfully by the same, or that the same was on his premises without his knowledge or assent, may be committed by such justice to gaol until the next day of holding petty sessions for the district, unless he shall enter into a recognizance with one or more sureties to appear at such petty sessions; and if such person shall not account for the same in manner aforesaid, he shall, on summary conviction by such justice or justices as aforesaid, and at his or their discretion, either be committed pursuant to the provisions of "The Petty Sessions (Ireland)

(c) See ante, pp. 433, 434, and note (v).

Act, 1851," to be imprisoned for a term not exceeding three months, or to be liable to a fine not exceeding £5 (d).

7. [Penalty on workman making away with goods (not exceeding £5 in value) committed to his care.] Any artificer, workman, journeyman, apprentice, servant, or other person who shall unlawfully dispose of, or retain in his possession without the consent of the person by whom he shall be hired, retained, or employed, any goods, wares, work, or materials committed to his care or charge (the value of such goods, wares, work, or materials not exceeding the sum of £5), shall pay to the party aggrieved such compensation as the justices shall think reasonable, and shall also be liable to a fine not exceeding 40s., or to be imprisoned for a term not exceeding one month.

8. [Penalty on stealing poultry, not exceeding 58. in value.] Any person who shall steal, or injure with intent to steal, any turkey, goose, or other poultry (where the value of such poultry so stolen or injured shall not exceed 5s.), shall be liable to a fine not exceeding 20s., or to be imprisoned for a period not exceeding two weeks (e).

9. [Assault cases may be proceeded with although party aggrieved declines to prosecute.] It shall be lawful for the justices (ƒ) at petty sessions, if they shall so think fit, to proceed against any person or persons charged with being guilty of an assault, pursuant to the provisions of the statute 24 & 25 Vic. c. 100, s. 42, notwithstanding that the party aggrieved may decline or refuse to prefer a complaint (g).

10. [Summary jurisdiction in cases of assault on peace officers and others.] And whereas by the act of the 24 & 25 Vic. c. 100, s. 38, certain assaults therein specified on peace officers and others are made misdemeanors, and punishable with imprisonment for a term not exceeding two years, with or without hard labour, and it is desirable also to give a summary jurisdiction in petty cases for the same offence: be it therefore enacted, that two J. Ps. shall have a concurrent jurisdiction to punish such

(d) If any constable, by virtue of a search warrant or otherwise acting in the discharge of his duty satisfies a J. P. that an accused person is unlawfully possessed of any part of any sheep or lamb, such person is liable to be imprisoned for a period not exceeding 3 months or to a fine not exceeding £5. Under 24 & 25 Vic. c. 96, ss. 21 & 22, such person is liable to six months imprisonment or to a fine of £20; ante, p. 430. Care must therefore be taken not to

administer the penalty under the 24

& 25 Vic. c. 96, ss. 21 & 22.

(e) For offence of stealing birds not the subject of larceny at common law, see ante, p. 429.

(f) One justice has now jurisdiction to deal with the charge, notwithstanding the section mentioned in this clause and given at p. 449, by force of the 2nd section of this act.

(g) See note (n). ante, p. 449, where the defect cured by the above section is referred to.

assaults under the 42nd section of the said act, if they shall consider the offence so trivial as not to require being dealt with by a superior tribunal (h).

11. [Extent of act.] This act shall extend to Ireland only. CARDS. By 25 Vic. c. 22, s. 27, the provisions of 9 Geo. IV. c. 18, granting duties on cards and dice, are repealed, and by sec. 29 it is provided that the duty henceforth payable shall be denoted on the wrapper, and the cards are to be sold in separate packs enclosed in wrappers; and if the cards are not properly enclosed, the maker and also the person selling such cards shall be liable to the penalties imposed by this act for selling cards not enclosed in wrappers. By sec. 30 the commissioners are to grant licences to sell cards; and by sec. 31 it is declared that if any person shall sell or offer for sale cards without a licence he shall forfeit £20; and any person who shall sell cards at any house or place not specified in a licence granted to him, shall be deemed to be a person selling cards without a licence; and any person who shall be found hawking or carrying about for sale, cards, whether enclosed in a stamped wrapper or not, and who shall sell the same or offer the same for sale at any place for which he shall have no licence, may be apprehended by any constable or officer of inland revenue and taken before any J. P., who shall hear and determine the matter, and if upon conviction of such offence the offender shall not immediately pay the penalty in which he shall be convicted, he shall be committed to prison for not exceeding three months nor less than one month, unless the penalty shall be sooner paid, and all cards shall be forfeited. By sec. 32 it is provided that if any maker of cards shall send out of his house any cards except for exportation, the same not being in packs enclosed in wrappers in manner aforesaid, or if any person, whether a card-maker or not, shall sell any cards, not being a pack of cards enclosed in a wrapper, he shall forfeit, if he be a maker of cards, £100, and if he be not a maker of cards, £20; and all unstamped cards are to be forfeited; and for the purposes of seizure it shall be lawful for any officer under the authority of a warrant granted by two commissioners or one J. P., to search in the daytime for The name of the maker is to be printed on the wrapper, which is not to be defaced or injured under the penalty of £5; s. 33. The seller of cards is to cancel the stamp on the wrapper or in default he shall forfeit £5; s. 34. If any person shall commit any fraud relating to the wrappers on cards he shall forfeit £20; s. 35. Sec. 36 provides that certain cards may be

same.

(h) See observations at p. 458.

sold without wrappers, and s. 37 that unstamped cards may be exported.

COPYRIGHT (i). By 25 & 26 Vic. c. 68, being an act for amending the law relating to copyright in works of the fine arts, and for repressing the commission of fraud in the production and sale of such works, it is by s. 1 provided that copyright in works hereafter made or sold is to vest in the author for his life and for seven years after his death.

2. Copyright not to prevent the representation of the same subjects in other works. 3. Assignments, licences, &c. to be in writing. 4. Register of proprietors of copyright in paintings, drawings, and photographs to be kept at stationer's hall, as in 5 & 6 Vic. c. 45. 5. Certain enactments of 5 & 6 Vic. c. 45, to apply to the books to be kept under this act.

6. [Penalties on infringement of copyright.] If the author of any painting, drawing, or photograph in which there shall be subsisting copyright, after having sold or disposed of such copyright, or if any other person, not being the proprietor for the time being of copyright in any painting, drawing, or photograph, shall, without the consent of such proprietor, repeat, copy, colourably imitate, or otherwise multiply for sale, hire, exhibition, or distribution, or cause or procure to be repeated, copied, colourably imitated, or otherwise mutiplied for sale, hire, exhibition, or distribution, any such work or the design thereof, or, knowing that any such repetition, copy, or other imitation has been unlawfully made, shall import into any part of the United Kingdom, or sell, publish, let to hire, exhibit, or distribute, or offer for sale, hire, exhibition, or distribution, or cause or procure to be imported, sold, published, let to hire, distributed, or offered for sale, hire, exhibition, or distribution, any repetition, copy, or imitation of the said work, or of the design thereof, made without such consent as aforesaid, such person for every such offence shall forfeit to the proprietor of the copyright for the time being a sum not exceeding £10; and all such repetitions, copies, and imitations made without such consent as aforesaid, and all negatives of photographs made for the purpose of obtaining such copies, shall be forfeited to the proprietor of the copyright.

7. [Penalties on fraudulent productions and sales.] No person shall do or cause to be done any or either of the following acts; that is to say: 1. No person shall fraudulently sign or otherwise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any painting, drawing, or photograph, or the negative thereof, any name, initials, or monogram. 2. No person shall fraudulently sell, publish, exhibit, or dispose of, or offer

(i) See ante, p. 483.