mage done, double the above rate for a second trespass, second tros- tion. for, or order refunding of according to 4. Whenever it shall appear, in any case in which Justices may order repair any complaint of trespass shall be so made, of fences by that the trespass shall have been caused by person who the bad or imperfect state or destruction of any ought to repair the fences, it shall be lawful for the Justices at same, petty sessions by order in writing to direct that the occupier of the land to which such fences shall belong shall repair the same when wholly on his land, or join in repairing the same when partly on his land, within such reasonable time as they shall fix for that purpose; and in default of his so doing within such time, it shall be lawful for such Justices, by a like order in writing, to authorize such fences to be repaired by the person who shall have been aggrieved by any such trespass, who may thereupon enter and repair the same; and afterwards, upon procf of the expenses incurred by such person in making such repairs beyond what he may be himself bound to expend in case of fences common to both Punishment for offences parties, it shall be lawful for such Justices to order that the same shall be paid (to any amount not exceeding two shillings per perch) by such occupier, unless it shall be shown that the person under whom such occupier shall hold is bound by any lease or agreement to keep such fences in repair, in which case such amount shall be paid by such person; and in default of such payment it shall be lawful for such Justices to order that such amount shall be levied by distress of the goods of such occupier or person, as the case may be, and paid over to the person by whom such repairs shall have been made. And any person who shall be guilty of any of the next following neglects or offences shall be liable to a against these fine not exceeding five pounds: provisions: Any person impounding when owner is known, or without lodging proper notice. Pound keeper neglecting to liberate animals or to pay over amount received. Justices may adopt such means of 5. Any person who shall impound any animal found trespassing, where the owner of such animal shall be known to him, or who shall impound any animal without giving to the pound keeper the notice required by this Act: 6. Any pound keeper who shall neglect or refuse to deliver up any animal so impounded to the owner, when authorized in writing by any Justice so to do, or upon such owner paying to him the amount of the pound fees and rates of sustenance legally due and the amount legally due for the trespass, or who shail neglect (except when any Justice shall authorize him to hold over the same until the decision of any dispute as to the same at petty sessions) to pay over to the person entitled to receive the same the amount which shall be paid to him for the trespass upon the liberation of any such animal : Provided always, that in all such proceedings under this Act it shall be lawful for the Justices to adopt such means as they shall see fit, either by the employproof as they shall see fit. ment of a valuator or arbitrators or otherwise, for the purpose of informing themselves as to the amount of any damage done, or as to any other circumstances proper to be inquired into on the spot, or as to any other facts of the case upon which they shall be required to decide; and they may (if they shall think it necessary) order the parties or either of the parties to pay to any person so employed such reasonable sum as they shall fix, not exceeding two shillings and sixpence per day, as remuneration for his trouble. XXI. Where any person shall be convicted of any General offence against this Act, and it shall be a first con- provisions viction, it shall be lawful for the Justices, if they shall The justices so think fit, to discharge the offender from his con- may disviction, upon his making such satisfaction to the party offender in aggrieved, for damages and costs or either of them, as certain cases, shall be ascertained by the Justices. charge the XXII. It shall be lawful for the Lord Lieutenant Pardon for or other Chief Governor or Governors of Ireland to nonpayment of money. extend the Royal mercy to any person imprisoned by virtue of this Act, although he shall be imprisoned for nonpayment of money to some party other than the Crown. be permitted, sessions of XXIII. In any case where an order shall be made In what cases under the provisions of this Act for the payment of appeals shall any penal or other sum exceeding twenty shillings, or for any term of imprisonment exceeding one month, or for doing anything at a greater expense than twenty shillings (but in no other case), either party (whether he shall be the complainant or defendant), in cases of a civil nature, or the person against whom any such order shall have been made in other cases, shall be entitled to appeal to the next quarter ses- to be made to sions to be held in the same division of the county next quarter when the order shall be made by any Justice or Jus- division, or tices in any petty sessions district, or to the to recorder's Recorder at his next sessions when the order shall next sessions, be made by the said Divisional Justices in the police district of Dublin metropolis, or to the Recorder of any corporate or borough town when the order shall be made by any Justice or Justices in such corporate or borough town (unless when any such sessions shall commence within seven days from the date of any such order, in which case, if the appellant sees fit, the appeal may be made to the next succeeding sessions to be held for such division or town); and it shall be Quarter lawful for such Court of quarter sessions or Recorder, sessions, &c.. as the case may be, to decide such appeal, if made in may decide such form and manner and with such notices as are required by the said Petty Sessions Act as to appeals against orders made by Justices at petty sessions; and all the provisions of the said Petty Sessions Act subject to the as to making appeals, and as to executing the orders provisions of appeal. the Petty Sessions Act notices, &c. as to form, No order or adjudication made on made on appeal or the original orders where the appeals shall not be duly prosecuted, shall also apply to any appeal or like order to be made under the provisions of this Act. XXIV. No order made under the provisions of this Act, nor any adjudication made on appeal therefrom, appeal shall shall be quashed for want of form, or be removed by certiorari or otherwise into any of Her Majesty's superior courts of record. be quashed for want of form. Interpreta the 66 XXV. In the interpretation of this Act, save where tion clause. there is anything in the subject or context repugnant to such construction, the word "county "shall be deemed to include "county of a city or county of a town;" the word "Justice" shall mean "justice of peace, " and shall include a "Divisional Justice. of the police district of Dublin metropolis, or "Chief Magistrate" of any corporate town; the word "County Surveyor" shall include and mean any district_surveyor in the county of Dublin; the word "Petty Sessions" shall include a "divisional police office" of Dublin metropolis; the word "gaol" shall include any "house of correction or bridewell" of the county to which any person may be legally committed by any Justice; the word "oath" shall include "affirmation" or "solemn declaration," as the case may be; the word "month" shall mean "calendar month; "the word "road" shall include "highway' or other public thoroughfare, and “street' shall include lane or passage any in any town; and the word "horse" shall include any other animal of any kind commonly used or employed in drawing any kind of carriage. Act to extend to Ireland only. Short Title of Act. Sections 26 and 27 are repealed by 38 & 39 Vic. c. 66, s. 1. XXVIII. This Act shall extend and be construed to extend to Ireland only. XXIX. In citing this Act in other Acts of Parlia ment, or in any legal instrument or proceedings, it shall be sufficient to use the expression "The Summary Jurisdiction (Ireland) Act, 1851.” Petty Sessions (Ireland) Act, 1851. 14 & 15 VIC., CAP. 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.] WHEREAS it is expedient 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: Be it therefore 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 Formation of Petty Sessions districts, &c., I. The several petty sessions districts into which any county or riding of a county in Ireland is now divided, and the places and times at which petty Districts. sessions are now appointed to be held therein, shall, until altered in the manner hereinafter provided, be Existing the several districts, places, and times in such county to be conor riding for the purposes of this Act: But whenever firmed where it shall appear to the Justices at quarter sessions that they do not require any of the said districts, places, and times now fixed alteration. (or which shall hereafter be fixed) in any county or But where riding require alteration, or whenever they shall be alteration called upon so to do either by the Lord Lieutenant or justices at by a requisition signed by any seven or more of the sessions may Justices of any county or riding, they shall proceed revise them, at the next quarter sessions which shall be held for proceeding such county or riding, or at any adjournment of the same for that purpose, to revise the said districts, places, and times, subject to the following provisions: they require quarter as follows: 1. They shall divide such county or riding into con- To divide the venient petty sessions districts for the pur- county into poses of this Act, and shall declare the several petty sessions districts, |