PETTY SESSIONS (IRELAND) ACT.* 14 & 14 Vic., c. 93. "An Act to consolidate and amend the Acts regulating the Proceedings at Petty Sessions, and the duties of Justices of the Peace out of Quarter Sessions in Ireland." (7th August, 1851.) Section 1 provides for the formation of Petty Sessions districts, and the times and places for holding Petty Sessions. Sections 2, 3, 4, which refer to the appointment, fees, &c, of Petty Sessions Clerks, are repealed by the 21 & 22 Vic., c. 100 (the Petty Sessions Clerks Act, 1858). the Section 5 prescribes the duties of the Petty Sessions Clerk; Petty Sessions Clerks Act, 1858, points out additional duties. 7. The powers of Justices and others to act in and for different JURISDIC- localities shall be subject to the following conditions: LOCAL TION. Justice may act for one countywhilst being in another ad joining county, of which he shall also be Justice; or whilst in adjoining county of a city, though not a Justice of same; but not to act as to matters arising in such county 1. A Justice for any county may act as such in all matters arising within such county, although he may at the time happen to be in an adjoining county, provided he shall be also a Justice for such adjoining county. 2. A Justice for any county may in like manner act as such in all matters arising within such county, although he may at the time happen to be in any city, town, or place, being a county of itself, situated within or adjoining to such first-mentioned county, whether he shall be a Justice of such city, town, or place, or not; but nothing herein contained shall extend to empower any Justice for any county, not being also Justice for any such city, town, or place as aforesaid, or any person acting under him, to act or intermeddle in any matters arising within any such city, town, or place:† * This Petty Sessions Act is to be considered as the machinery for carrying out and enforcing the provisions of the several other Statutes of a city, &c. which give jurisdiction to Magistrates; an adequate acquaintance with its powers and requirements is, therefore, of the utmost importance. For additional powers of Justices in boroughs, see Municipal Corporations Act, 3 & 4 Vic., c. 108, s. 161. Jurisdiction-By 9 Geo. 4, c. 54, ss. 26 & 27, provides that all offences committed on the boundaries of two or more counties, or within 500 yards of such boundaries, or begun in one county and completed in another, whether they be felonies or misdemeanours, may be dealt with in all respects in any of the said counties, as if they had been wholly committed therein; and if the offence has been committed on any person, or with respect to any property, in any coach, waggon, cart, or other carriage, on a journey, or in any vessel on a voyage on any river or canal, it may be dealt with in any county through any part of which such carriage or vessel passed, on the journey or voyage during which the offence was committed, or if the side, bank, or any part of such road, river, or canal constitute a boundary between two counties, the offence may be treated as if actually committed in either of such two counties. The power above conferred is now very frequently called into exercise, where offences committed in railway carriages cannot be conveniently brought before a Justice until several Petty Sessions districts have been passed over, and the journey has terminated. General of 3. The Inspector-General, or either of the Deputy Inspectors- InspectorGeneral of Constabulary, being a Justice of any county, may Constabulary act in all matters arising within such county, wherever he may may act happen to be at the time : wherever he one county 4. Whenever any townland belonging to one county shall be in- may be. cluded in any Petty Sessions district of the adjoining county Justices for under the provisions of this Act, any Justice, having jurisdicmay act for tion in such Petty Sessions district shall have the like jurisdic- annexed tion in such townland, although he may not be a Justice of the townlands of county to which such townland belongs; and any committal to another. any gaol or bridewell of such last-mentioned county, or any other magisterial act done by any such Justice, in any case in which the offence or cause of complaint shall have arisen in such townland, shall have the like force and effect as if such Justice was also a Justice of such last-mentioned county: And all constables or other persons apprehending any person whom Constables they lawfully may and ought to apprehend by virtue of their office &c., may take or otherwise, in any such county or place as aforesaid, may lawfully before Justice convey such person before any Justice for such county or place in adjoining whilst such Justice shall be in such adjoining county or place as county. aforesaid, and such constables or other persons are hereby authorized and required in all such cases to act in all things as if such Justice were within the county or place for which he shall so act. 8. The places where Justices shall sit in the discharge of their duties shall be subject to the following provisions: offenders PLACE OF HEARING. may present 1. Whenever a public Court-house shall be maintained by county Petty Sespresentiment at any place fixed for the holding of Petty Ses- sions to be sions, the Petty Sessions shall be held therein, if not incon- held in Court-house. venient to the public; but whenever no such public Courthouse shall be so maintained, or the holding of Petty Sessions Where no therein would be inconvenient to the public, it shall be lawful Court-house, for the Grand Jury of the county to present an annual sum not Grand Jury exceeding ten pounds for the rent of a public justice room in rent of juswhich the Petty Sessions shall be held, and of a lock-up; pro- tice room. vided that such room shall not be in a house where spirituous or fermented liquors are sold, or in a Constabulary barrack, or in any building maintained in the whole or in part at the public expense, and that it shall be proved to the satisfaction of the County Presentment Sessions, where application shall be made for such rent, that at least four meetings of Justices shall have been held in such room during the four months next preceding such application: heard or In summary 2. It shall not be lawful for any Justice or Justices to hear and proceedings, determine any cases of summary jurisdiction out of Petty complaint Sessions, except cases of drunkenness* or vagrancy, or fraud not to be in the sale of goods, or disputes as to sales in fairs or markets; determined but it shall be lawful for two Justices, if they shall see fit, to out of Petty hear and determine out of Petty Sessions any complaint as to Sessions, exany offence, when the offender shall be unable to give bail for cept in cerhis appearance at Petty Sessions:† tain cases; but two Jus tices may act * For the punishment or order in these cases, see the particular title in out of Petty the Summary Index. Sessions where †The latter provision, empowering two Justices to deal with the cases offender can not find bail. HEARING. PLACE OF Provided always, that nothing herein contained shall be construed to prevent any Justice or Justices acting out of Petty Sessions from making any order (not being in the nature of a conviction, or of an adjudication upon a complaint,) which a Justice or Justices may be authorized or required by law to make. Proviso. PUBLICITY 9. The right of the public to have access to the place in which OF PROCEED- Justices shall sit shall be subject to the following provisions:* INGS. Place in which Jus tices shall sit to hear summary proceedings to be deemed an open Court. Parties to be allowed to plead by counsel or attorney. Place where examinations in proceedings for indictable offences are caken not to be deemed an open Court without consent of Justice. Power to commit and fine for contempt of Court. INFORMA Justice may 1. In all cases of summary proceedings, the place in which any Justice or Justices shall sit to hear and determine any complaint shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them; and the parties by and against whom any complaint or information shall there be heard shall be admitted to conduct or make their full answer and defence thereto respectively, and to have the witnesses examined and cross-examined by themselves or by connsel or attorney on their behalf. 2. In all cases of proceedings for indictable offences, the place in which any Justice or Justices shall sit to take any examination or statement relating to any such offence shall not be deemed an open Court for that purpose, but it shall be lawful for such Justice or Justices, in his or their discretion, to order that no person (the counsel or attorney of any person then being in such Court as a prisoner only excepted) shall have access to, or be or remain in such place without the consent or permission of such Justice or Justices, if it appear to him or them that the ends of justice will be thereby best answered: And if any person shall wilfully insult any Justice or Justices so sitting in any such Court or place, or shall commit any other contempt of any such Court, it shall be lawful for such Justice or Justices by any verbal order, either to direct such person to be removed from such Court or place, or to be taken into custody, and at any time before the rising of such Court, by warrant to commit such person to gaol for any period not exceeding seven days, or to fine such person in any sum not exceeding forty shillings.† 10. Whenever information shall be given to any Justice that any TIONS AND person has committed, or is suspected to have committed any COMPLAINTS. treason, felony, misdemeanor, or other offence, within the limits of the jurisdiction of such Justice, for which such person shall be receive punishable either by indictment or upon a summary conviction; or information that any person has committed or is suspected to have committed any such crime or offence elsewhere out of the jurisdiction of such As to offences Justice, either in Great Britain or Ireland, or in the Isles of Man, within his Jersey, Guernsey, Alderney, or Sark, and such person is residing jurisdiction: or being, or is suspected to reside or be, within the limits of the or complaint: As to offen ces out of his out of Petty Sessions, when the offender shall be unable to give bail for jurisdiction: his appearance at Petty Sessions, is extended to 24 & 25 Vic., cc. 96, 97, 99, 100, by the 25 and 26 Vic. c. 50, s. 2. * The Magistrates are to be the judges of what is a convenient number in their Court; those who have business are first to be accommodated.See notes on title "Court," Summary Index. † See title "Contempt," and notes thereon, Summary Index. cases. jurisdiction of such Justice; or that any person has committed or is As to civil suspected to have committed any crime or offence whatsoever on the high seas, or in any creek, harbour, haven, or other place in which the Admiralty of England or Ireland have or claim to have jurisdiction, or on land beyond the seas, for which an indictment can be legally preferred in any place in the United Kingdom of England and Ireland,† and such person is residing or being, or is suspected to reside or be, within the limits of the jurisdiction of such Justice; or whenever a complaint shall be made to any Justice as to any other matter arising within the limits of his jurisdiction, upon which he shall have power to make a summary order, it shall be lawful for such Justice to receive such information or complaint, and to proceed in respect to the same, subject to the following provisions : * Where Admiralty claim Jurisdiction.-The extent of the maritime dominion of England seems to consist of two parts, the profitable and the honorary. The profitable regards our own coasts only, to a certain distance from the shore, in the sight whereof foreigners were not usually suffered to catch fish. The honorary is that of respect to the British flag, which we claim from all nations, and still support. The boundaries we have established for the purpose are the "British channel on the south, extending to the shores of France, and to those of Spain as far as Cape Finisterre; from thence by an imaginary line west twenty-three degrees of longitude from London to the latitude of sixty degrees north, which last is called the Western Ocean of Britain: from thence by another imaginary line in that parallel of latitude to the middle point of the land Van Staten, on the coast of Norway, which is the northern boundary; and from that point it extends along the shores of Norway, Denmark, Germany, and the Netherlands to the British Channel again, which last boundary comprehends what is called the Eastern Ocean of Britain." These are the original limits acquired at the time of King Alfred's beating the Danes out of these seas; and from thenceforth the Kings of England took on themselves the more peculiar guard and sovereignty of the seas, protecting the traders of all nations from the insults of pirates: and to answer the expense of keeping fleets at sea, and for protection, all nations who sailed into these seas paid a tribute in proportion to the burden of their ships; but this tribute is now confined to the ceremony of lowering the flag. The Isle of Man is a distinct territory from England; no Act of Parliament extends to it unless it be particularly named therein. It was anciently governed by its own lord, who was called the King of the Island, and had a crown of gold, but he was subject to the King of England. The Isles of Jersey, Guernsey, Alderney, and Sark were all parcels of the Duchy of Normandy, and were united to the Crown of England by the first princess of the Norman line. "For which indictment can be legally preferred in England or Ireland," fc.-See 24 & 25 Vic. c. 100, ss. 9 and 10, providing for trials of murder or manslaughter, committed within or without Her Majesty's dominions abroad by any subject of Her Majesty, and for the trial of murder or manslaughter committed upon the sea, or at any place in or out of England or Ireland, where persons dies upon the sea, or abroad. Crimes committed upon the high seas and abroad by British seamen to be triable as crimes committed within the Admiralty jurisdiction.-See Merchant INFORMA TIONS AND COMPLAINTS. It may be verbal, and without oath, in certain cases. It must be in writing, and on oath, in certain other cases. Binding the informant to prosecute. In summary proceedings, complaints must be made for poor-rate, &c., at any time after the date of the warrant; for wages, &c., within one year; for trespass, 1. Whenever it is intended that a summons only shall issue to require the attendance of any person, the information or complaint may be made either with or without oath, and either in writing or not, according as the Justice shall see fit.* 2. But whenever it is intended that a warrant shall issue for the arrest or committal of any person, the information or complaint shall be in writing, and on the oath of the complainant or of some person or persons on his behalf. 3. Whenever any such information shall have been taken on oath and in writing, that any person has committed or is suspected to have committed any indictable crime or offence (or any offence for which such person shall be punishable upon summary conviction, and for whose arrest the Justice shall issue a warrant,) it shall be lawful for the Justice, if he shall see fit, to bind the informant or complainant. by recognizance (A a.*) or (C.) to appear at the Court or place where the defendant is to be tried or the complaint is to be heard, to prosecute or give evidence, as the case may be, against such person. 4. In all cases of summary jurisdiction the complaint shall be made, when it shall relate to the non-payment of any poorrate, county rate, or other public tax, at any time after the date of the warrant authorizing the collection of the same; and when it shall relate to the non-payment of money for wages, hire, or tuition, within one year from the termination of the term or period in respect of which it shall be payable; and when it shall relate to any trespass, within two months from the time when the trespass shall have occurred; and in any other case, within six months from the time when the cause of complaint shall have arisen, but not otherwise. And in all cases of summary jurisdiction, any person against other cases, whom any such information or complaint shall have been made in writing shall, upon being amenable, or appearing in person, or by counsel or attorney, be entitled to receive from the Clerk of Petty proceedings Sessions a copy of such information or complaint, on payment of defendant the sum of sixpence to such Clerk; and such Clerk shall in no case allow the original information or complaint to be taken out of his information possession. within two months; in within six months. In summary entitled to copy of or complaint when in writing. PROCESS TO ENFORCE 11. The manner in which persons against whom any such informations or complaints as aforesaid shall have been received by any Justice shall be made to appear to answer to the same shall be subject to the following provisions: APPEARANCE Shipping Act, 17 and 18 Vic., c. 104, s. 267, and which also provides for conveyance of offenders and witnesses. Depositions to be received in evidence when witness cannot be produced.-Sec. 270. * Reckless and disreputable persons frequently bring hasty and groundless charges, sometimes of a very heinous nature; to set forth these, or indeed any indictable crime, on the face of a summons, to be left at a man's residence, is in itself a serious thing to do. The Magistrate will (at all events in some cases) act wisely by requiring that the charge shall be supported by some sworn reliable information, and that there are reasonable grounds for putting the criminal law in motion. Of course the nature of the charge and the character of the person making it, will influence the Magistrate in exercising his discretion in the matter. |