in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, in all cases where the number of justices of the peace for any city, borough, town corporate, franchise, liberty, or other local jurisdiction, is limited, and any one two or more of such justices only are of the quorum, all acts, orders, adjudications, warrants, indentures of apprenticeship, or other instruments, which shall be made done or executed, either in or out of the general quarter sessions or petty sessions, or any adjournment thereof, by virtue of any charter or grant, or by virtue of any Act of Parliament made or to be made, by any two or more justices of the peace acting within the same, though neither of the said justices be of the quorum, shall be valid in law, to all intents and purposes as if the said justices had been of the quorum; any grant, charter, law, or custom to the contrary thereof in anywise notwithstanding.

[No. XXXII.] 5 Geo. IV. c. 18.-An Act for the more effectual Recovery of Penalties before Justices and Magistrates on Conviction of Offenders; and for facilitating the Execution of Warrants by Constables.-[31st March 1824.]

WHEREAS by several Acts, certain penalties and forfeitures are imposed on persons for offences committed against the directions of such Acts, which are directed to be recovered before any justice or justices of the peace, or any magistrate or magistrates, within their respective jurisdictions; and on non-payment thereof, such penalties and forfeitures, together with the reasonable costs and charges attending the several convictions, are directed to be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal of such justice and magistrate respectively: And whereas no power is given to such justices and magistrates, on conviction of such offenders, to detain him her or them in custody till return is made to the warrant of distress, for the purpose of ascertaining whether such offenders have any goods and chattels to satisfy such penalties, forfeitures, costs, and charges, whereby such offenders frequently escape any punishment for their offences: For remedy whereof, may it please your Majesty that it may be enacted; and be it enacted by the King'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 from and after the passing of this Act, whenever any penalty or forfeiture is or shall be directed to be recovered before any justice or justices of the peace, or magistrate or magistrates, for any county, riding, soke, city, division, or place, and such justice or justices of the peace, magistrate or magistrates, is or are authorized and empowered, on the conviction of the offender or offenders, in default of payment of such penalty or forfeiture, together with the reasonable costs and charges attending such conviction, to cause the same to be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant or warrants under the hand and seal of such justice or magistrate, or hands and seals of such justices or magistrates, together with the reasonable costs of such distress and sale; and in case upon a valuation being taken of the goods and chattels of the offender or offenders, sufficient distress for the payment of all such penalties and forfeitures and other costs and charges cannot be found, or in case it shall appear to such justice or justices, magistrate or magistrates, either by the confession of the offender or offenders or otherwise, that the offender or offenders has or have not sufficient goods or chattels whereupon the same may be levied, within the jurisdiction of such justice or justices, magistrate or magistrates, no sale shall take place of the goods and chattels of such offender or offenders, but it shall be lawful for such justice or justices, magistrate or magistrates, to commit such offender or offenders to the common gaol or house of correction, for such time and in such manner as in such Acts respectively

No. XXXII.

5 Geo. IV.

c. 18.

In Places hav

ing a limited Number of Justices, any of such ered to act, Justices empow though not of the Quorum.

When a Penalty is directed to be recovered before a

Justice, on Default of Pay

ment Justice may distrain on the Offender's

Goods.

In default of sufficient Dis tress no Sale of Goods shall take place, but Offender may be committed, unless Security be given, &c.

5 Geo. IV. c. 18.

No. XXXII. mentioned and directed, then and in every such case it shall and may be lawful to and for such justice or justices, magistrate or magistrates, at his or their discretion, to order the offender or offenders so convicted to be kept and detained in safe custody until return shall be made to such warrant or warrants of distress, unless such offender or offenders shall give sufficient security, to the satisfaction of such justice or justices, magistrate or magistrates, for his her or their appearance before him or them on such day or days as shall be appointed for the return of such warrant or warrants of distress, such day or days not being more than eight days from the time of taking such security; and such security such justice or justices, magistrate or magistrates, is and are hereby empowered to take by way of recognizance or otherwise, as to him or them shall seem right and proper; or in case it shall appear to the satisfaction of such justice or justices, magistrate or magistrates, either by the confession of the offender or offenders or otherwise, that he she or they hath not or have not goods or chattels within the jurisdiction of such justice or justices, magistrate or magistrates, sufficient whereon to levy all such penalties and forfeitures, costs and charges, such justice or justices, magistrate or magistrates, may at his or their discretion, without issuing any warrant of distress, commit the offender or offenders for such period of time, and in such and like manner, as if a warrant of distress had been issued and a nulla bona returned thereon.

In Cases where Penalties are directed to be recovered by

Distress, but no Remedy provided where sufficient Distress cannot be

found, Justices may commit the Offender, &c.

If Offender, after Committal to Prison, shall pay the Amount of Penalty, &c., to the Keeper, he shall be forthwith discharged.

Justices empowered to

II. And whereas by some Acts certain penalties or sums of money are to be recovered before a justice or justices of the peace, or a magistrate or magistrates, and he or they is and are authorized to issue forth his or their warrant for levying such penalties or sums of money, by distress and sale of the goods and chattels of the offender or defendant; but no further remedy is provided in case no sufficient goods and chattels can be found whereon to levy such penalties or sums of money; for remedy whereof, be it further enacted, That whenever it shall appear to any such justice or justices of the peace, magistrate or magistrates, by whom any penalty or sum of money is adjudged to be paid, upon the return of any such warrant of distress, that no sufficient goods and chattels of the offender or defendant can be found whereon to levy the sum adjudged to be paid, and all costs and charges, within the jurisdiction of such justice or justices, magistrate or magistrates, or in case it shall appear to such justice or justices, magistrate or magistrates, either by the confession of the party or parties, or otherwise, that he she or they have not sufficient goods and chattels within the jurisdiction of such justice or justices, magistrate or magistrates, sufficient whereon to levy such sum of money costs and charges, such justice or justices, magistrate or magistrates, at his or their discretion, and without issuing any warrant of distress, may proceed in such and the like mannner as if a warrant of distress had been issued and a nulla bona returned thereon; and it shall be lawful for such justice or justices, or magistrate or magistrates, to issue forth his or their warrant for committing such offender or defendant to the common gaol, for any term not exceeding three calendar months, unless the sum adjudged to be paid, and all costs and charges of the proceedings, shall be sooner paid: Provided always, that the amount of such costs and expences shall be specified in such warrant of commitment.

III. And be it further enacted, That in the case of any offender or offenders committed to the common gaol or house of correction for default of payment of such penalty or forfeiture, together with the reasonable costs and charges attending the conviction, if such offender or offenders shall at any time, during the period of his her or their imprisonment, pay or cause to be paid to the governor or keeper of the prison, the full amount of such penalty, together with the costs and charges, it shall be lawful for such governor or keeper of such prison, and he or they are hereby required forthwith to discharge such offender or offenders from his or their custody.

IV. And whereas cases may occur where the recovery of such penalty or forfeiture by distress and sale of the goods and chattels of the offender commit to Prison without issuing warrant of Distress in certain Cases.

No. XXXIII.

5 Geo. IV.

c. 102.

or offenders may appear to the justice or justices of the peace, or magistrate or magistrates, for any county, riding, soke, city, division, or place, to be attended with consequences ruinous, or in an especial manner injurious to the offender or offenders and their family or families; be it enacted, That the justice or justices, and magistrate or magistrates aforesaid, shall be empowered, and they are hereby authorized, in all cases and upon all such occasions as to them shall seem fit, and where such consequences are likely to arise, to cause to be withheld the issue of any warrant or warrants of distress, and to commit the offender or offenders aforesaid immediately after conviction, and in default of payment of the penalty or forfeiture, with costs and charges, to the common gaol or house of correction, for such time and in such manner as are in such Acts respectively mentioned and directed: Provided always, that it be by the desire or with Consent of the consent in writing of the party or parties upon whose property the Party. penalty or forfeiture is to be levied.

V. Provided always, and be it enacted, That nothing herein contained shall extend or be construed to extend to that part of the United Kingdom of Great Britain and Ireland called Scotland. VI. And whereas warrants addressed to constables, headboroughs, tithingmen, borsholders, or other peace officers of parishes, townships, hamlets, or places, in their characters of and as constables, headboroughs, tithingmen, borsholders, or other peace officers of such respective parishes, townships, hamlets, or places, cannot be lawfully executed by them out of the precincts thereof respectively, whereby means are afforded to criminals and others of escaping from justice: For remedy whereof, be it further enacted, That it shall and may be lawful to and for each and every constable, and to and for each and every headborough, tithingman, borsholder, or other peace officer, for every parish, township, hamlet, or place, to execute any warrant or warrants of any justice or justices of the peace, or of any magistrate or magistrates, within any parish, township, hamlet, or place, situate lying or being within that jurisdiction for which such justice or justices, magistrate or magistrates, shall have acted when granting such warrant or warrants, or when backing or indorsing any such warrant or warrants, in such and the like manner as if such warrant or warrants had been addressed to such constable, headborough, tithingman, borsholder, or other peace officer, specially by his name or names, and notwithstanding the parish, township, hamlet, or place in which such warrant or warrants shall be executed, shall not be the parish, township, hamlet, or place for which he shall be constable, headborough, tithinginan, or borsholder, or other peace officer, provided that the same be within the jurisdiction of the justice or justices, magistrate or magistrates, so granting such warrant or warrants, or within the jurisdiction of the justice or justices, magistrate or magistrates, by whoni any such warrant or warrants shall be backed or indorsed.

[ No. XXXIII.] 5 Geo. IV. c. 102.-An Act to amend an Act of the Forty-eighth Year of the Reign of His late Majesty, for the more effectual Administration of the Office of a Justice of the Peace, and for the more effectual Prevention of Felonies within the District of Dublin Metropolis. [21st June 1824.]

WHEREAS by virtue of an Act made in the forty-eighth year of the

Act not to extend to Scot

land.

Constables may execute Warrants out of their Precincts, provided it be within the Jurisdiction of the Justice granting or backing the

same.

reign of his late Majesty King George the Third, intituled An Act 48 G. 3. c. 110. for the more effectual Administration of the Office of a Justice of the Peace, and for the more effectual Prevention of Felonies within the District of Dublin Metropolis, his Majesty's castle of Dublin, and all places within eight miles thereof, have been united in and now form one district, called The Police District of Dublin Metropolis;' and conformably to the provisions of the said Act in such behalf, the said district hath been divided into and consists of six divisions, in each of which divisions one public office is

No. XXXIII.

established, and to each of which offices are attached three divisional justices, making in the whole eighteen divisional justices, appointed and 5 Geo. IV. acting as such justices, under the authority of the said recited Act: And

c. 102.

Lord Lieu

tenant empow

ered to divide

Police District

whereas it may be expedient that the number of the said divisions and police offices, and the number of the said divisional justices respectively, should be reduced: Be it therefore enacted by the King'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 at any time after the passing of this Act, it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland for the time being, if he or they shall into Four Divi- think fit so to do, by warrant under hand and scal, to divide the whole of the said police district of Dublin metropolis into four divisions, in lieu of the six divisions into which such district is at present divided, and to ascertain, direct, declare, and define the limits of such four divisions respectively, and to cause four several public offices to be established, one thereof in and for each of such four divisions, and to cause such four divisions, and the limits thereof, and the offices therein, to be changed from time to time, as such lord lieutenant or other chief governor or governors shall think fit and proper, at his and their will and pleasure.

sions instead of Six, and to cause Four Police Offices to be established.

On such Divi

tenant shall

select Divisional Justices, consisting of Four Barristers, Four Aldermen, and Four She

riffs Peers. One of each of

II. And be it further enacted, That in case and whenever the said sion Lord Lieu- police district shall be divided into four divisions in manner aforesaid, it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland for the time being, and he and they is and are hereby empowered and required, to select from and out of the divisional justices appointed or who may be appointed under the authority and provisions of the said recited Act, and who shall be acting as such justices at the time of such division, such twelve of the said divisional justices, consisting of four barristers, four aldermen of the city of Dublin, and four sheriff's peers, or members of the common council of the said city, as such lord lieutenant or other chief governor or governors, in the attached to each exercise of his or their discretion, shall think proper; and that three of such divisiona! justices, that is to say, one barrister, one alderman, and one sheriffs peer or member of the common council shall be attached to Two Aldermen each of the said four police offices to be established under this Act: Provided always, that two of the said four aldermen, and two of the said four sheriffs peers, or members of the said common council so to be selected, shall be such aldermen and sheriffs peers or members of the said common council, as were originally elected by the corporation of the city of Dublin, under the provisions of the said recited Act.

whom shall be

of the Four Offices.

and Sheriffs

Peers to be selected out of

those elected by Dublin Corporation. Justices, Clerks, &c, may be superseded at Discretion of Lord Lieu

tenant, on Twothirds of their Salaries; or attached to some of the Four Offices with full Salary.

III. And be it further enacted, That upon such reduction it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, and he and they is and are hereby authorized and empowered, in the exercise of his or their discretion, either to dismiss altogether and to supersede any six of the justices of the said police district of Dublin metropolis, that is to say, any two barristers, two aldermen, and two sheriffs peers or members of the common council, and also to dismiss or supersede the clerks and chief constables of the offices belonging to two of the present six divisions of the said police district, and to direct that any of such justices clerks and chief constables respectively, shall be allowed and shall receive two-thirds of their present salaries respectively, for the period of their several natural lives, or otherwise to attach all or any of such justices clerks and chief constables, to some one or more of such divisional offices as shall remain or be established by virtue of this Act, to attend and act therein as supernumerary magistrates clerks and chief constables, retaining their full salary; and the vacancies in the offices of the twelve selected divisional justices shall, from time to time as they occur, be filled up from and out of such supernumerary magistrates, so that finally there shall be but twelve divisional justices: Provided always, that whenever any such vacancy shall arise, from the death resignation or removal of a barrister, and there shall not tion; or otherwise to be supplied by Appointment of Lord Lieutenant, or Election of Corporation under 48 G. 3. c. 140.

Vacancies of Justices to be filled up cut of Supernumerary Magistrates of same Descrip

No. XXXIII.

5 Geo. IV.

c. 102.

be any barrister amongst such supernumerary magistrates, or from the death resignation or removal of an alderman, and there shall not be any alderman amongst such supernumerary magistrates, or from the death resignation or removal of a sheriffs peer or common councilman, and there shall not be any sheriffs peer or common councilman amongst such supernumerary magistrates, then and in every such case such vacancy shall be filled up within one calendar month, by the appointment of the lord lieutenant or other chief governor or governors of Ireland for the time being, or by election and approbation in manner in the said recited Act mentioned; and such appointment shall be made by the lord lieutenant or other chief governor or governors of Ireland for the time being,. whenever the vacancy is occasioned by the death removal or resignation of any person originally appointed by him or them, or by his or their predecessors; and such election shall be made by the corporation of the city of Dublin, in manner directed by the said recited Act, whenever the vacancy shall be occasioned by the death removal or resignation of any person originally elected by them respectively; it being the true intent The Twelve and meaning of this Act, that the twelve divisional justices of such four Justices to be divisions shall be appointed by the lord lieutenant or other chief gover- appointed by nor or governors of Ireland for the time being, and elected by the corporation of the city of Dublin respectively, in the same proportions as the eighteen divisional justices under the said recited Act are directed to be appointed and elected, that is to say, that the lord lieutenant or other chief governor er governors of Ireland for the time being shall appoint eight out of such twelve divisional justices, namely, four barristers of at least six years standing, two aldermen of the city of Dublin, and two persons being sheriffs peers or members of the common council of the said city; and that the said corporation of the city of Dublin shall elect the other four divisional justices, to wit, two aldermen, and two sheriff's peers or common councilmen; and any vacancies in the offices of clerks or chief constables, at any of such four divisional offices, shall, from time to time as they occur, be filled up from and out of the supernumerary clerks and chief constables acting under the provisions of this Act.

Lord Lieu

tenant and Cor. poration, in like Proportion as the Eighteen Justices under 48 G. 3. c. 140.

IV. Provided always, and be it enacted, That all allowances of any proportion of salary to any justices clerks or chief constables superseded under or by virtue of this Act, shall be charged and chargeable on the funds applicable to the establishment of the said police; and that the payment of any and every such annual allowance shall altogether cease and be sus pended during any period while the person to whom such allowance shall be granted shall hold any office place or employment under his Majesty, or under the lord lieutenant or other chief governor or governors of Ireland, the salary or profits whereof shall be equal to or shall exceed the salary which was enjoyed by such person as such justice clerk or chief constable at the time of his vacating such office respectively; and that the payment of a proportional part of such annual allowance shall cease and be suspended during any period while the person to whom the same shall be granted shall hold any office place or employment under his Majesty, or under the lord lieutenant or other chief governor or goverors of a Ireland, the salary or profits whereof shall be less than the salary which was enjoyed by such person as such justice clerk or chief constable, so that the amount of such annual allowance, together with the salary and profits of any such office place or employment, shall not together exceed the amount of the salary enjoyed by such person at the time of his being superseded as aforesaid.

V. And be it declared and enacted, That from and after the time when the divisions of the said police district of Dublin metropolis shall be reduced from six to four, and the divisional justices shall be reduced from eighteen to twelve, in execution of the powers herein before for that purpose given, all and singular enactments, provisions, clauses, articles, inatters, and things contained in the said recited Act made in the forty-eighth year of his said late Majesty's reign, shall be and continue to be in full force operation and effect, to all intents and purposes whatever, as if the said recited Act had originally directed the distribution of the said district

Vacancies of Clerks, &c., shall be suppli

ed from the Su

pernumeraries. Allowances to Justices, &c., charged on Po

lice Establish

ment,

and shall

be suspended on Appointment

to

any Office with a Salary equal to that of

the Office suspended, and in proportion it to an Office with less Salary.

On Reduction of the Police Divisions,

48 G. 3. c. 140.

shall continue

in force with respect to reduced Divisions.