Fines (Ireland) Act 1851
| Jurisdiction | UK Non-devolved |
| Citation | 1851 c. 90 |
| Year | 1851 |
(14 & 15 Vict.) C A P. XC.
[7th August 1851]
'WHEREAS it is expedient to make Provision for the better Collection and Application of Fines, Penalties, Issues, Amerciaments, and forfeited Recognizances inIreland :' 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—
I Officers who shall enter and account for Fines, &c.
I. The proper Officers to make Entries and render Accounts of all such Penal Sums as aforesaid for the several Courts by which such Penal Sums shall be ordered to be paid shall be the several Officers or Persons herein-after mentioned;viz .
1. The Clerk of the Crown for the Crown Side of the Court of Queen's Bench and for the Crown Court at Assizes;
2. The Clerk of the Rules for the Courts of Common Pleas and Exchequer, and for the Civil Side of the Court of Queen's Bench, and for the Civil Court at Assizes;
3. The Clerk of the Peace for Quarter Sessions;
4. The Chief Clerk or such other Clerk as shall be deputed by the Justices for that Purpose for each Divisional Police Office ofDublin Metropolis;
5. The Clerk of Petty Sessions for each Petty Sessions;
6. And the Person at any other Court whose Duty it shall be to attend and make Entries of the Proceedings:
And the Provisions herein-after contained shall severally apply to such respective Officers and Persons, or their legally authorized Deputies (if any), as fully as if the more particular Designation of each of such Officers, Persons, or Deputies was repeated in each Provision.
II Entry of Fines.
II. Whenever an Order shall be made by any Court or other authorized Person for the Imposition or Levy of any such Penal Sum as aforesaid, the said Officer of the Court shall proceed as follows:
1 All Fines, &c. to be entered in a Book.
1. He shall forthwith enter the Particulars of the said Order in a Book (Form A.) to be by him kept for that Purpose, and shall afterwards from Time to Time make such further Entries in the said Book as may be necessary for the Purpose of accounting for the said Sums:
2 In case of Fines upon Jurors, Officer to send Notice.
2. In every Case where a Fine shall be imposed upon any Person for Non-attendance as a Juror, he shall, within Fourteen Days after the End of the Term, Assizes, Quarter Sessions, or Sittings of the Court at which such Fine shall have been imposed, send a Notice by Post to such Person, addressed to his usual Place of Residence, informing him of the Imposition of such Fine, and that if not paid within Thirty Days from the Date of such Notice a Warrant will be issued for the Levy of the same:
And in order to enable the Clerk of the Rules of the Superior Courts the better to discharge the Duty required of him under this Act, the Judge's Register or other Person who shall act as Clerk at Nisi Prius at the Nisi Prius Sittings of any of the said Superior Courts, or in the Civil Court at Assizes, shall, within Seven Days after the Termination of the said Nisi Prius Sittings or of the said Assizes, as the Case may be, certify under his Hand to the Clerk of the Rules of the Superior Courts in which the Proceedings in the Case shall have been had, the Particulars of any Penal Sum which shall have been imposed or ordered to be levied by the said Court in such Case, and said Certificate shall be a sufficient Authority to the said Clerk of the Rules to do all Acts for the Entry and Levy of the same which he could or ought to do in case such Penal Sum had been imposed or ordered to be levied by such Superior Court.
III Issue of Warrants.
III. In all Cases where an Order shall have been made for the Imposition or Levy of any such Penal Sum as aforesaid, the Court, or the Justice, or the Officer competent so to act, as the Case may be, shall (unless where the same shall aye been remitted by the Crown or other proper Authority) issue the proper Warrantfor the Execution of such Order at the following Periods;viz .
1. In case of any Fine imposed upon any Person for Non-attendance as a Juror, within One Week from the Expiration of Thirty Days after Notice of same shall have been sent to such Person by Post as herein-before directed:
2. In case of any Order for the Imposition or Levy of any such Penal Sum by the Justices of the Divisional Offices of Police ofDublin Metropolis, within One Week from the making of such Order:
3. In case of any like Order by a Justice at or out of Petty Sessions, at such Time as shall be directed by ‘The Petty Sessions Act,Ireland , 1851:’
4. In all other Cases, within Fourteen Days from the making of the Order:
And it shall be lawful for the Court or Officer by whom any such Warrant shall be issued to use the like Form of Warrant as is authorized by the said Petty Sessions Act for any Warrant of Distress issued by a Justice at Petty Sessions, and also to direct by such Warrant that in default of Distress for the Sum therein directed to be levied, the Person against whose Goods such Warrant shall be issued shall be committed to Gaol for the like Period for which any Person might be imprisoned in any like Case in default of Distress under the Provisions of the said Petty Sessions Act: Providedalways, that after this Act shall come into operation no Warrant or Process shall be issued to any Sheriff to levy the Amount of any forfeited Recognizance, or of any other Fine or Penalty whatsoever, but only to the Constabulary orDublin Metropolitan Police, as the Case may be; but in every Case where any Courtshall impose any Fine upon any Person for Nonattendance as a Juror, or shall direct any Issues to be levied, the Process for levying the same shall be addressed to the Sheriff of the County, and such Sheriff shall account for the same, in like Manner as he shall be by Law bound to account for any other Sums coming into his Hands as Sheriff, before the proper Officer of the Court of Exchequer by whom Sheriffs Accounts shall be audited and declared, and shall from Time to Time, when directed so to do by the Chief or Under Secretary to the Lord Lieutenant, pay over the Amount of any such Jurors Fines so to be levied by him to the Credit of the same Fund, and to be applied to the same Purposes to which any Fines imposed at Petty Sessions, and awarded to the Crown shall be by Law payable and applicable.
IV Addressing Warrants.
IV. The Manner in which Warrants issued to the Constabulary orDublin Metropolitan Police for the Levy of any Penal Sums under this Act shall be addressed shall be subject to the following Provisions:
1 From Courts in Dublin to the Commissioners of Police:
1. All such Warrants for the Levy of any such Penal Sums as aforesaid (not being Issues), ordered to be levied by any of the Superior or other Courts within the Police District ofDublin Metropolis (other than the Divisional Police Offices), shall be addressed to the Commissioners of Metropolitan Police:
2 From Divisional Offices to Office Sergeant.
2. All such Warrants issued from the said Divisional Police Offices shall be addressed to the Office Sergeant, or such other Member of the said Police Force as the said Commissioners shall appoint for that Purpose:
3 From other Courts to Sub-Inspector of Constabulary.
3. All such Warrants issued from any Court inIreland not being within the Police District of Dublin Metropolis, shall be addressed to the Sub-Inspector of Constabulary who shall act for the Place in which such Court shall be situated:
4. All such Warrants issued by any Justice or Justices out of Quarter Sessions shall be addressed as required by the said Petty Sessions Act:
And the several Provisions of the said Petty Sessions Act as to the certifying, indorsing, executing, or returning any Warrant issued by a Justice at Petty Sessions, and as to the selling of any Distress or otherwise acting thereunder shall also apply to any like Warrant issued by any Court Officer, or Divisional Justice under the Provisions of this Act, and to the selling of any Distress or otherwise acting thereunder; and in the Application of the said Provisions of the said Petty Sessions Act to any such Warrants issued within the said Police District ofDublin Metropolis, whatever may be done by any Head or other Constable in executing any Warrant addressed to any Sub-Inspector shall and may be done in any like Case by any Member of the said Police Force (to be named by the said Commissioners or Divisional Justices) in executing any such Warrant, addressed either to the said Commissioners or to any other Member of the said Police Force; and whatever may be done by any Sub-Inspector in certifying any Warrant to the Inspector General of Constabulary may be done by the Office Serjeant or other Member of the said Police Force to whom such Warrant shall be addressed, in certifying the same to the said Commissioners; and whatever may be done by the said Inspector General, or by either of the Deputy Inspectors General of...
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