Summary Jurisdiction (Ireland) Act 1851

JurisdictionUK Non-devolved
Citation1851 c. 92
Anno Regni VICTORI, Britanniarum Regin, Decimo Quarto & Decimo Quinto. An Act to consolidate and amend the Acts relating to certain Offences and other Matters as to which Justices of the Peace exercise Summary Jurisdiction inIreland .

(14 & 15 Vict.) C A P. XCII.

[7th August 1851]

WHEREAS it is expedient to consolidate and amend the Acts by which Justices of the Peace are empowered to adjudicate in a Summary Way as to certain Offences and other Matters inIreland :' 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,

S-I Justices may decide all Cases under this Act on Evidence of Witnesses or Confession.

I Justices may decide all Cases under this Act on Evidence of Witnesses or Confession.

I. That it shall be lawful for any Justice or Justices sitting in Petty Sessions (or for any Two Justices sitting out of Petty Sessions, when the Offender shall be unable to procure Bail for his Appearance at Petty Sessions,) within his or their respective Jurisdictions to hear and determine, either on the Oath of One or more credible Witnesses, or on the Confession of the Person against whom the Complaint shall be made, all Complaints relating to any Offences, Claims, or other Matters under the Provisions of this Act, and to order such Fine, Imprisonment, Compensation, Expenses, and Sums, or to make such other Order relating to each Offence or other Matter as such Person shall be liable to under the said Provisions; and all Proceedings as to compelling the Appearance of any such Person or of any Witness, and as to the Hearing and Determination of such Complaints, and as to the making and executing of such Orders, shall be subject in all respects to the Provisions of ‘The Petty Sessions Act,Ireland , 1851,’ (when the Case shall be heard in any Petty Sessions District,) and to the Provisions of the Acts relating to the Divisional Police Offices (when the Case shall be heard in the Police District of Dublin Metropolis), so far as the said Provisions shall be consistent with any special Provisions of this Act.

S-II Malicious Injury to Persons.

II Malicious Injury to Persons.

II. Any Person who shall commit any of the next following Offences shall be liable to the Punishment herein-after specified in each Case;

S-1 Common Assaults.

1 Common Assaults.

1. Any Person who shall unlawfully assault or beat any other Person shall be liable to a Fine not exceeding the Sum of Five Pounds, or to be imprisoned for a Term not exceeding Two Mouths:

S-2 Assaults with Intent to prevent Sale of Corn, &c.

2 Assaults with Intent to prevent Sale of Corn, &c.

2. Any Person who shall assault or beat or use any other Violence to any other Person, with Intent to deter him from buying or selling any Corn or other Agricultural or Garden Produce in any Market or other Place, or to stop the Conveyance of the same, shall be liable to a Fine not exceeding the Sum of Ten Pounds, or to be imprisoned for a Term not exceeding Three Mouths:

Provided always, that in case the Justices shall find any such Assault as aforesaid to have been of a trifling or justifiable Nature, they shall give to the Person against whom the Complaint shall have been made such Certificate as is authorized by the said Petty Sessions Act; and provided also, that in case they shall find any such Assault to have been accompanied by any Attempt to commit Felony, or shall be of opinion that the same is from any other Circumstance a fit Subject for a Prosecution by Indictment, they shall abstain from adjudicating summarily thereupon, and shall deal with the Case in all respects as One to be prosecuted at the Assizes or Quarter Sessions; but nothing herein contained shall authorize any Justicesto hear and determine in a Summary Way any Case of Assault in which any Question shall arise as to the Title to any Lands, Tenements, or Hereditaments, or to any Interest therein or accruing thereupon, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Superior Court.

S-III Wilful Injury to Property.

III Wilful Injury to Property.

III. Any Person who shall commit any of the next following Offences (whether from Malice conceived against the Owner of such Property, or not,) shall be liable to the Punishment herein-after specified in each Case:

S-1 Journeyman, &c. for spoiling Goods or Work, \(under the Value of 5 l. )

1 Journeyman, &c. for spoiling Goods or Work, \(under the Value of 5 l. )

1. Any Artificer, Workman, Journeyman, Apprentice, Servant, or Labourer who shall unlawfully and wilfully damage, spoil, or destroy any Goods, Wares, Work, or Materials committed to his Care or Charge, without the Consent of the Person by whom he shall be hired, retained, or employed, (the Injury done being under the Value of Five Pounds,) shall pay to the Party aggrieved such reasonable Amount of Compensation for the Injury done as the Justices shall see fit, and shall also be liable to a Fine not exceeding the Sum of Forty Shillings, or to be imprisoned for a Term not exceeding One Month:

S-2 Destroying, &c. any Fruit or Vegetable Production in a Garden, &c.

2 Destroying, &c. any Fruit or Vegetable Production in a Garden, &c.

2. Any Person who shall unlawfully and wilfully destroy, or damage with Intent to destroy, any Plant, Fruit, or Vegetable Production growing in any Garden, Orchard, Nursery Ground, Shrubbery, Pleasure Ground, Hot-house, Green-house, or Conservatory, shall pay to the Party aggrieved such reasonable Amount of Compensation for the Injury done as the Justices shall see fit, and shall also be liable to a Fine not exceeding the Sum of Twenty Pounds, or to be imprisoned for any Term not exceeding Six Months:

S-3 Destroying, &c. Vegetable Productions not growing in Gardens, &c.

3 Destroying, &c. Vegetable Productions not growing in Gardens, &c.

3. Any Person who shall unlawfully and wilfully destroy, or damage with Intent to destroy, any Plant, Fruit, or cultivated Vegetable Production growing in any Land, open or inclosed, not being a Garden, Orchard, or Nursery Ground, shall for the First Offence pay to the Party aggrieved such reasonable Amount of Compensation for the Injury done as the Justices shall see fit, and shall also be liable to a Fine not exceeding the Sum of Forty Shillings, or to be imprisoned for a Termnot exceeding One Month; and for any Second or subsequent like Offence shall, in addition to any like Compensation, be liable to a Fine not exceeding the Sum of Five Pounds, or to be imprisoned for a Term not exceeding Six Months:

S-4 Destroying or damaging Trees, Shrubs, &c. \(the Value being under 5 l. )

4 Destroying or damaging Trees, Shrubs, &c. \(the Value being under 5 l. )

4. Any Person who shall, between Sunrise and Sunset, unlawfully and wilfully cut, break, bark, root up, or otherwise destroy or damage the whole or any Part of any Tree, Sapling, or Shrub, or any Description of Underwood (the Injury done being under the Value of Five Pounds,) shall pay to the Partyaggrieved such reasonable Amount of Compensation as the Justices shall see fit, and shall also be liable to a Fine not exceeding the Sum of Five Pounds, or to be imprisoned for a Term not exceeding Six Months:

S-5 Destroying, &c. any Fence, Wall, Stile, or Gate.

5 Destroying, &c. any Fence, Wall, Stile, or Gate.

5. Any Person who shall unlawfully and wilfully damage or destroy any Fence of any Description whatsoever, or any Wall, Stile, or Gate, or any Part thereof respectively, shall for the First Offence pay to the Party aggrieved such reasonable Amount of Compensation for the Injury done as the Justicesshall see fit, and shall also be liable to a Fine not exceeding the Sum of Five Pounds, or to be imprisoned for a Term not exceeding Six Months; and for any Second or subsequent Offence he shall, in addition to any Compensation ordered, be liable to a Fine not exceeding the Sum of Ten Pounds or to be imprisoned for a Term not exceeding Twelve Months:

S-6 Obstructing Export of agricultural Produce.

6 Obstructing Export of agricultural Produce.

6. Any Person who shall unlawfully stop or seize upon any Cart or other Carriage, or Horse, loaded with Corn or other Provisions, in or on the Way to or from any Place of Sale or shipping, or shall wilfully injure the same or any Part thereof, or the Harness of the Horses drawing the same, or shall unlawfully take off, drive away, or injure any of such Horses in order to stop the same, or shall scatter or throw away such Corn or other Provisions, or shall carry away or damage the same, or any Part thereof, or shall distribute the same, or compel the Owner or his Servant, or the Carrier of the same, to distribute or otherwise depart from the Possession of the same or of any Part thereof, contrary to his Consent, shall be liable to a Fine not exceeding the Sum of Ten Pounds, or to be imprisoned for a Term not exceeding Six Months:

S-7 Breaking Windows or injuring other Property of a Workhouse \(where Value under 40 s. )

7 Breaking Windows or injuring other Property of a Workhouse \(where Value under 40 s. )

7. Any Person who shall unlawfully and wilfully break any Pane of Glass in the Windows of any Workhouse of a Poor Law Union, or damage or destroy any of the Furniture, Clothes, or other Property of the Guardians of the Poor of any Poor Law Union, (the Injury done being under the Value of Forty Shillings,) shall be liable to a Fine not exceeding the Sum of Forty Shillings, or to be imprisoned for a Term not exceeding One Month:

S-8 Damage to Property in any Case not previously provided for \(where Value under 5 l. )

8 Damage to Property in any Case not previously provided for \(where Value under 5 l. )

8. Any Person who shall unlawfully and wilfully commit any Damage, Injury, or Spoil to or upon any Real or Personal Property whatsoever, either of a public or private Nature, for which Offence no...

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