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Clerks of district councils &c. for every omission to comply with the provisions of this Act, shall be liable to a penalty of #5 to be recovered in a summary way. 3. In case any [clerk of a district council], ..., or other person shall in any matter or thing refuse or neglect to comply with any of the provisions herein-before contained, every [clerk], ..., or other person shall for every such offence forfeit and pay any sum not exceeding the sum of five pounds; and every such penalty shall, upon proof of the offence before any justice of the peace for the county within which such offence shall be committed, or by the confession of the party offending, or by the oath of any credible witness, be levied and recovered, together with the costs of the proceedings for the recovery thereof, by distress and sale of the goods and effects of the party offending, by warrant under the hand of such justice, which warrant such justice is hereby empowered to grant, and shall be paid to the person or persons making such complaint; and it shall be lawful for any such justice of the peace, to whom any complaint shall be made of any offence committed against this Act, to summon the party complained of before him, and on such summons to hear and determine the matter of such complaint in a summary way, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing or in print shall have been exhibited or taken by or before such justice; and all such proceedings by summons without information shall be as good, valid, and effectual to all intents and purposes, as if an information in writing had been exhibited.
© 1837 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/cca1837180/s3.html