(No. 3.)

CIRCULAR TO MAGISTRATES AT PETTY SESSIONS AS TO HEARing Cases out OF PETTY SESSIONS, REMANDS, &c.

To be substituted for Circular No. 3, issued on the 2nd May, 1879.

11,188.

Dublin Castle, 24th July, 1879.

GENTLEMEN,I am directed by the Lords Justices to state that the attention of their Excellencies has been called to the fact that warrants of committal have not unfrequently been issued by a single Justice directing persons to be detained in custody to take their trial at the next Petty Sessions, and that warrants of further remand have not unfrequently being signed by Justices without seeing the party in custody or inquiring into the necessity for such further remand. For the purpose of preventing the recurrence of such in the future, I am directed to forward for your guidance the following instructions :

1. Where a person charged with an indictable offence is brought up under a warrant before a Justice sitting out of Petty Sessions, the Justice should read the information on which the warrant was issued, and take such further depositions as may be offered. If the depositions have been completed, and a sufficient case has been thereby made out, the Justice should commit the party charged to take his trial at the next Quarter Sessions or Assizes. If the depositions have not been completed and a case has been made justifying a remand, the Justice should remand for a period not exceeding eight days.

2. A Justice should not make any order of remand unless the party charged be produced before him, and a sufficient case made to justify in his opinion such order of remand.

3. When any person is brought under a warrant before any Justice sitting out of Petty Sessions, charged with an offence which in the opinion of such Justice should be disposed of summarily, the Justice may, if he can procure the assistance of another Justice, and if the accused is unable to find bail for his appearance, hear the case with such second Justice out of Petty Sessions; or he may direct the person so charged to be discharged from custody on his giving sufficient bail to appear at the next Petty Sessions. Cases not coming within the exceptions mentioned in the 8th section of the Petty Sessions Act should not be heard out of Petty Sessions unless where the party charged has been required by the Justice to give bail, and is unable to do so. (a)

4. Where any person brought under warrant, before any summons has been issued, before a Justice sitting out of Petty Sessions, charged with an

(a) But see footnote of section 20. sub-section (4), Petty Sessions Act, where adjournments take place in Petty Sessions. The above important Circular is too often overlooked.

offence which, in his opinion may be disposed of summarily should be unable to give bail, and if the case be not disposed of by two Justices sitting out of Petty Sessions, or does not come within the Criminal Justice Act, 18 & 19 Vic., cap. 126, sec. 5, the Justice should discharge him, and inform the prosecutor that a summons may be issued requiring the party charged to attend at Petty Sessions: but in no case should such person be committed to prison to take his trial for such offence at the next or any other Petty Sessions, save where the provisions of the statute 18 & 19 Vic., cap. 126, sec. 5, apply. In cases coming within this section the Justices may proceed as the statute points out.

Their Excellencies desire me further to inform you that the Circular of the 29th May which refers to the same subject is hereby cancelled, and their Excellencies request that this Circular may be substituted for it.

I am, Gentlemen, your obedient Servant,

T. H. BURKE.

A D. 1881. PEACE PRESERVATION (IRELAND) ACT, 1881,

Prohibition

on having or carrying arms in proclaimed district, and search.

44 Vic., c. 5. (a)

An Act to Amend the law relating to the Carrying and Possession of
Arms, and for the Preservation of the Public Peace in Ireland.

[21st March, 1881.]

Be it 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, as follows:

1. In a proclaimed district a person shall not carry or have any arms or ammunition save as authorized by the conditions set forth in the proclamation hereinafter mentioned.

Any person carrying or having, or reasonably suspected of carrying or having, any arms or ammunition in contravention of this Act may be arrested without warrant by any constable or peace officer, and, as soon as reasonably can be, conveyed before some Justice of the Peace in order to his being dealt with according to law.

The Lord Lieutenant may by warrant direct any person named in such warrant to search in houses, buildings, and places situate in a proclaimed district and specified in the warrant, for any arms or ammunition suspected to be therein in contravention of this Act.

The person named in such warrant, with such constables and other persons as he calls to his assistance, may, within ten days next after

(a) The Peace Preservation (I.) Continuance Act, 1886," 49 Vic., c. 44, amends the above Act as to returns, &c., and provides that elsewhere than in Dublin Metropolis the Court of Summary Jurisdiction, in section 5, shall be constituted of two or more Resident Magistrates sitting alone in Petty Sessions.

the date of the warrant, at any time between sunrise and sunset, enter into any house, building, or place specified in such warrant, and there execute the warrant; and in case admittance shall be refused to the persons aforesaid, or shall not be obtained by them within a reasonable time after it shall have been first demanded, they may enter by force in order to execute such warrant. The person named in such warrant shall, before executing the same, if so desired, produce the said warrant. Any arms or ammunition carried, had, or found under circumstances which contravene this Act shall be forfeited to Her Majesty.

Any arms or ammunition in the possession of persons not entitled to have the same which shall, within a period to be fixed by the proclamation hereinafter mentioned, be given up voluntarily or taken under such circumstances as shall prove to the satisfaction of the Lord Lieutenant that they have not been wilfully kept back, shall be deemed to be in the possession of Her Majesty, and provision shall be made in such proclamation for the deposit, registration, valuation, and care of the same; and such arms and ammunition shall be returned to the owners thereof whenever the proclamation relating thereto shall cease to be in force: Provided that at any time the Lord Lieutenant may, instead of keeping and returning the arms and ammunition aforesaid, if he think fit, pay to the owners of the same the value thereof as ascertained in the manner provided by the procla mation, or the owners thereof may demand payment of such value, and such payments may be made out of moneys to be provided by Parliament.

PEACE PRESERVA

TION (IRELAND) ACT,

1881.

in respect to

ar.ns and

2. The Lord Lieutenant, by and with the advice of the Privy Power as to Council in Ireland, may from time to time by proclamation declare proclamation this Act to be in force within any specified part of Ireland, and this Act shall thereupon after the date specified in the proclamation be in ammunition. force within such specified part, and any such specified part of Ireland is in this Act referred to as a "proclaimed district;" and any such proclamation may set forth the conditions and regulations under which the carrying or having of arms or ammunition is authorized, and make provision for the appointment of persons to give effect to the same and the manner of the promulgation thereof.

3. The Lord Lieutenant, by and with the advice of the Privy Power as to Council in Ireland, may from time to time make orders for prohibiting prohibiting or regulating in Ireland the sale or importation of arms and ammunition, sale or imor regulating and for the appointment of persons for the purpose of giving effect to portation of such orders, and providing for the manner of the promulgation thereof. arms and am

If any person sell or import, or attempt to sell or import, any arms or ammunition in contravention of any such order, such arms and ammunition shall be liable to be forfeited to Her Majesty, and the person so acting wilfully shall be guilty of an offence against this

Act.

munition.

4. (1.) The Lord Lieutenant, by and with the advice of the Privy SuppleCouncil, may, by a further proclamation or order, from time to time, mental proalter or revoke any proclamation or order made by him under this Act.

visions.

PEACE

PRESERVA-
TION (IRE-
LAND) ACT,

1881.

A copy of every proclamation and order under this Act shall be laid before each House of Parliament within fourteen days after the making thereof, if Parliament is then sitting, and, if not, then within fourteen days after the next meeting of Parliament.

(2.) The Lord Lieutenant may from time to time by order prescribe forms for the purposes of this Act, and any form so prescribed shall be valid in law.

(3.) Any warrant or order of the Lord Lieutenant under this Act may be signified under his hand or under the hand of the Chief Secretary to the Lord Lieutenant.

(4.) Any person who may be appointed under any proclamation issued pursuant to this Act to grant licences to have or carry arms, in any district, shall be bound to grant to any occupier of one or more agricultural holdings a licence to have armis, or to have and carry arms upon any specified lands, or a licence to have and carry arms generally, who shall produce to him a certificate signed by two Justices of the Peace for the county, residing within the same Petty Sessions district as the person producing such certificate, that he is, to their own personal knowledge, a fit and proper person to have such licence respectively.

(5.) Every proclamation and order under this Act, and a notice of the promulgation thereof in the manner provided, shall be published in the Dublin Gazette, and the production of a printed copy of the Dublin Gazette purporting to be printed and published by the Queen's authority, and containing the publication of any proclamation, order, or notice under this Act, shall be conclusive evidence of the contents of such proclamation, order, or notice, and of the date thereof, and that the district specified in such proclamation is a proclaimed district within the meaning of this Act, and that the said proclamation or order has been duly promulgated.

Penalties. 5. Any person acting in contravention of this Act shall be liable if convicted before a Court of summary jurisdiction to be imprisoned for a term not exceeding three months, or, at the discretion of the Court, to a penalty not exceeding twenty pounds; but if upon the hearing of the charge, the Court shall be of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, it shall have power to dismiss the person charged without proceeding to a conviction. For the purposes of this Act, the Court of summary jurisdiction shall, in the Police district of Dublin metropolis, be constituted of a divisional Justice acting for the said district, and elsewhere in Ireland shall be constituted of two or more Resident Magistrates sitting alone in Petty Sessions.*

Definitions.

6. In this Act the expression "Lord Lieutenant" means the Lord Lieutenant of Ireland, or other Chief Governor or Governors of Ireland for the time being.

The expression "arms" includes any cannon, gun, revolver, pistol,

*The Act of 1886, 49 Vic. c. 21, amends above section 5, and provides that the Court be constiuted of two or more R. M.'s sitting alone in l'etty Sessions.

and any description of fire-arms, also any sword, cutlass, pike, and bayonet, also any part of any arms as so defined.

The expression "ammunition" includes bullets, gunpowder, nitroglycerine, dynamite, gun-cotton, and every other explosive substance whether fitted for use with any arms or otherwise.

PEACE PRESERVA

TION (IRELAND) ACT, 1881.

7. This Act may be cited as the Peace Preservation (Ireland) Act, Short title. 1881.

8. This Act shall continue in force until the first day of June, Continuance. one thousand eight hundred and eighty-six.

This Act of 1881, and the continuance Act of 1886, are by the "Criminal Law and Procedure (I.) Act, 1887" (50 & 51 Vic. c. 20) contiuued to 1892, and the end of the then next Session of Parliament.

NEWSPAPER LIBEL AND REGISTRATION ACT, 1881,

44 & 45 Vic., c. 60.

"An Act to Amend the Law of Newspaper Libel and to Provide for the Registration of Newspaper Proprietors.'

[27th August, 1881.]

Whereas it is expedient to amend the law affecting civil actions and criminal prosecutions for newspaper libel :

And whereas it is also expedient to provide for the registration of newspaper proprietors :

Be it 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 as follows:

A.D. 1881.

tion.

1. In the construction of this Act, unless there is anything in the Interpretasubject or context repugnant thereto, the several words and phrases hereinafter mentioned shall have and include the meaning following: (that is to say).

The word "registrar," shall mean in England the registrar for the time being of joint stock companies, or such person as the Board of Trade may for the time being authorize in that behalf, and in Ireland the assistant registrar for the time being of joint stock companies for Ireland, or such person as the Board of Trade may for the time being authorize in that behalf.

The phrase "registry office" shall mean the principal office for the time being of the registrar in England or Ireland, as the case may be, or such other office as the Board of Trade may from time to time appoint.