WHEREAS A. B. was this Day charged before [me], J. S., One of Her Majesty's Justices of the Peace in ard for the said [County] of on the Oath of C. D. of Farmer, and others, for that [&c., stating shortly the Offence]: These are therefore to command you the said Constables of or any of you to take the said A. B., and him safely to convey to the [House of Correction] at aforesaid, and there to deliver him to the Keeper thereof, together with this Precept; and [7] do hereby command you the said Keeper of the said [House of Correction] to receive the said A. B. into your Custody in the said [House of Correction], and there safely keep him until he shall be thence delivered by due Course of Law. Given under [my] Hand and Seal, this Day at J. S. (L.S.) (T. 2.) Gaoler's Receipt to the Constable for the Prisoner. I HEREBY certify, That I have received from W. T., Constable of the Body of A. B., together with a Warrant under the Hand and Seal of J. S. Esquire, One of Her Majesty's Justices of the Peace for the [County] of ; and that the said A. B. was [sober, or as the Case may be,] at the Time he was so delivered into my Custody. P. K., Keeper of the House of Correction [or Common Gaol] at To R. W. Esquire, Paymaster of the Constabulary Force of the [County] of WHEREAS W. T., Constable of in the [County] of , hath produced unto me, J. P., One of Her Majesty's Justices of the Peace in and for the said [County] of (wherein the Offence herein-after mentioned is alleged to have been committed), the above Receipt of P. K., Keeper of the [House of Correction] at : Now I hereby certify, that the said Constable is entitled to be paid his reasonable Costs and Expenses of conveying the Prisoner in the said Receipt mentioned to the said [House of Correction], and of returning home again, according to the Form of the Statute in in such Case made and provided, for which this Certificate shall 184 . Received the Day of of the [County] of the Paymaster of the Constabulary Force 6 6 the Sum of of the Expenses paid to me under the above Certificate. CAP. LXX. An Act to facilitate the Performance of the Duties of mation shall be of the Administration of Justice in Ireland, so far as respects Summary Convictions, and Orders to be made by Her Majesty's Justices of the Peace therein, if the several Statutes and Parts of Statutes relating to the Duties of such Justices in respect of such Summary Convictions and Orders 'were consolidated, with such Additions and Alterations as may be deemed necessary, and that such Duties should be clearly defined by such positive Enactment:' Be it therefore declared and enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in all Cases where an In all Cases Information shall be laid before One or more of Her Majesty's where InforJustices of the Peace for any County, Division, Liberty, City, laid or ComBorough, or Place within Ireland, that any Person has com- plaint made of mitted or is suspected to have committed any Offence or Act Offences committed, Justices within the Jurisdiction of such Justice or Justices for which he may issue Sumis liable by Law, upon a Summary Conviction for the same mons to Perbefore a Justice or Justices of the Peace, to be imprisoned or sons to answer fined, or otherwise punished, and also in all Cases where a Complaint shall be made to any such Justice or Justices upon which he or they have or shall have Authority by Law to make any Order for the Payment of Money or otherwise, then and in every such Case it shall be lawful for such Justice or Justices of the Peace to issue his or their Summons (A.) directed to such Person, stating shortly the Matter of such Information or Complaint, and requiring him to appear at a certain Time and Place before the same Justice or Justices, or before such other Justice or Justices of the same County, Division, Liberty, City, Borough, or Place as shall then be there, to answer to the said Information or Complaint, and to be further dealt with according to Law; and every such Summons shall be served How Summons upon the Person to whom it is so directed by delivering the to be served. same the same. Justices not obliged to issue Summonses in certain Cases. No Objection allowed for same to the Party personally, or by leaving the same with some Person for him at his last or most usual Place of Abode; and the Person who shall serve the same in manner aforesaid shall attend at the Time and Place and before the Justices in the said Summons mentioned, to depose, if necessary, to the Service of the said Summons: Provided always, that nothing herein mentioned shall oblige any Justice or Justices of the Peace to issue any such Summons in any Case where the Application for any Order of Justices is by Law to be made ex parte: Provided also, that no Objection shall be taken or allowed to any Want of Form. Information, Complaint, or Summons, for any alleged Defect therein in Substance or in Form, or for any Variance between #such Information, Complaint, or Summons and the Evidence adduced on the Part of the Informant or Complainant at the Hearing of such Information or Complaint as herein after mentioned; but if any such Variance shall appear to the Justice or Justices present and acting at such Hearing to be such that the Party so summoned and appearing has been thereby de ceived or misled, it shall be lawful for such Justice or Justices, upon such Terms as he or they shall think fit, to adjourn the Hearing of the Case to some future Day. Finezj If Summons be not obeyed, Justices may issue Warrant; 1 II. And be it enacted, That if the Person so served with a Summons as aforesaid shall not be and appear before the Justice or Justices at the Time and Place mentioned in such Sum+ mons, and it shall be made to appear to such Justice or Justices, by Oath or Affirmation, that such Summons was so served what shall be deemed by such Justice or Justices to be a reasonable Time before the Time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon Oath or Affirmation being made before him or them substantiating the Matter of such Information or Complaint to his or their Satisfaction, to issue his or their Warrant (B.) to apprehend the Party so summoned, and to bring him before the same Justice or Justices, or before some other Justice or Justices of the Peace in, and for the same County, Division, Liberty, City, Borough, or Place, to answer to the said Information or Complaint, and to be further dealt with according to Law; or upon such Information being Warrant in the laid as aforesaid for any Offence punishable on Conviction the Justice or Justices before whom such Information, shall have been laid may, if he or they shall think fit, upon Oath or Affir→ mation being made before him or them substantiating the Matter of such Information to his or their Satisfaction, instead of issuing such Summons as aforesaid, issue in the first instance his or their Warrant (C.) for apprehending the Person against whom such Information shall have been so laid, and bringing him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same County, Division, Liberty, City, Borough, or Place, to answer to the said Information, and to be further dealt with according to Law; or if, where a Summons shall be so issued as aforesaid, and upon the Day and at the Place appointed in and by the or may issue first instance; or if Summons, having been duly served, be proceed ex said Summons for the Appearance of the Party so summoned, not obeyed, the such Party shall fail to appear accordingly in obedience to such Justices may Summons, then and in every such Case, if it be proved upon parte. Oath or Affirmation to the Justice or Justices then present that such Summons was duly served upon such Party a reasonable Time before the Time so appointed for his Appearance as aforesaid, it shall be lawful for such Justice or Justices of the Peace to proceed ex parte to the Hearing of such Information or Complaint, and to adjudicate thereon, as fully and effectually, to all Intents and Purposes, as if such Party had personally appeared before him or them in obedience to the said Summons. III. And be it enacted, That every such Warrant to appre- Form of hend a Defendant, that he may answer to any such Information Warrant. or Complaint as aforesaid, shall be under the Hand and Seal or Hands and Seals of the Justice or Justices issuing the same, and may be directed either to any Constable or other Person by Name, or generally to the Constables of the District within which the same is to be executed, or any of them, without naming them, or to such Constables and all other Constables within the County or other District within which the Justice or Justices issuing such Warrant hath or have Jurisdiction, or generally to all the Constables within such last-mentioned County or District, and it shall state shortly the Matter of the Information or Complaint on which it is founded, and shall name or otherwise describe the Person against whom it has been issued, and it shall order the Constables or other Person to whom it is directed to apprehend the said Defendant, and to bring him before One or more Justice or Justices of the Peace (as the Case may require) of the same County, Division, Liberty, City, Borough, or Place, to answer to the said Information or Complaint, and to be further dealt with according to Law; and that it shall not be necessary to make such Warrant returnable at any particular Time, but the same may remain in full Force until it shall be executed; and such War- Where and rant may be executed by apprehending the Defendant at any how Warrant Place within the County, Division, Liberty, City, Borough, or may be executed. Place within which the Justices issuing the same shall have Jurisdiction, or, in case of fresh Pursuit, at any Place in the next adjoining County or Place within Seven Miles of the Border of such first-mentioned County, Division, Liberty, City, Borough, or Place, without having such Warrant backed as herein-after mentioned; and in all Cases where such Warrant shall be directed to all Constables or Peace Officers within the County or other District within which the Justice or Justices issuing the same shall have Jurisdiction, it shall be lawful for any Constable or other Peace Officer for any District or Place situate within the Limits of the Jurisdiction for which such Justice or Justices shall have acted when he or they granted such Warrant to execute such Warrant in like Manner as if such Warrant were directed specially to such Constable by Name, and notwithstanding that the Place in which such Warrant shall be executed shall not be within the District or Place [No. 26. Price 2d.] for Сс Certain Provisions of 12 & 13 Vict. for which he shall be such Constable or other Peace Officer; and such of the Provisions and Enactments contained in a certain Act of Parliament made and passed in this present Session of Parliament, intituled An Act to facilitate the Performance of the Duties of Justices of the Peace out of Quarter Sessions in Ireland, with respect to Persons charged with Indictable Offences, as to the backing of any Warrant, and the under this Act. Endorsement thereon by a Justice of the Peace or other Officer, c. 69. as to backing of Warrants to extend to Warrants issued No Objection allowed for Want of Form in the Warrant, or for any Variance between it and Evidence adduced; authorizing the Person bringing such Warrant, and all other Persons to whom the same was originally directed, to execute the same within the Jurisdiction of the Justice or Officer so making such Endorsement, as are applicable to the Provisions of this Act, shall extend to all such Warrants, and to all Warrants of Commitment issued under and by virtue of this Act, in as full and ample a Manner as if the said several Provisions and Enactments were here repeated and made Parts of this Act: Provided always, that no Objection shall be taken or allowed to any such Warrant to apprehend a Defendant so issued upon any such Information or Complaint as aforesaid under or by virtue of this Act, for any alleged Defect therein in Substance or in Form, or for any Variance between it and the Evidence adduced on the Part of the Informant or Complainant as herein-after mentioned; but if any such Variance shall appear to the Justice or Justices present and acting at such Hearing to be such that the Party so apprehended under such Warrant has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such Terms as he or they shall think fit, to adjourn the Hearing of the Case to some future Day, and in the meantime to commit (D.) the said Defendant to the House of Correction or other Prison, Lock-up House, or Place of Security, or to such other Custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a Recognizance (E.), with or without Surety or Sureties, at the Discretion of such Justice or Justices, conditioned for his Appearance at the Time and Place to which but if he fail to such Hearing shall be so adjourned: Provided always, that in but if the Party charged is de ceived by the Variation, he may be com mitted or dis charged upon Recognizance; re-appear, the Justice may the Peace. Description of the Property of Partners, &c.; all Cases where a Defendant shall be discharged upon Recognizance as aforesaid, and shall not afterwards appear at the Time and Place in such Recognizance mentioned, then the said Justice who shall have taken the said Recognizance, or any Justice or Justices who may then be there present, upon certifying (F.) upon the Back of the said Recognizance the Nonappearance of the Defendant, may transmit such Recognizance to the Clerk of the Peace of the County, Division, Liberty, City, Borough, or Place within which such Recognizance shall have been taken, to be proceeded upon in like Manner as other Recognizances, and such Certificate shall be deemed sufficient primâ facie Evidence of such Nonappearance of the said Defendant. IV. And be it enacted, That in any Information or Complaint, or the Proceedings thereon, in which it shall be necessary to state the Ownership of any Property belonging to or in the Possession of Partners, Joint Tenants, Parceners, or Tenants |