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PETTY SESSIONS (IRELAND) ACT 1851

PETTY SESSIONS (IRELAND) ACT 1851 - LONG TITLE

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.{1}
[7th August 1851]
Preamble rep. by SLR 1892

Ss.125 rep. by 1858 c.100 s.4; SLR 1893; 1914 c.58 s.44(2) sch.4;
1935 c.13 (NI) s.62 sch.5; 1945 c.15 (NI) s.46 sch.4; 1954 c.9
(NI) s.29 sch.7; SLR (NI) 1954; SRO (NI) 1956/113 (p.586); 1964
c.21 (NI) s.172 sch.7

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 26
By whom warrants may be executed.

26. The execution of warrants so addressed to the sub-inspector or
head constable of constabulary shall be subject to the following
provisions:

1.Whenever the person against whom any warrant so addressed shall
have been issued shall be to be found in case of committal, or
shall have goods in case of distress, in any place for which such
sub-inspector or head constable shall act, it shall be lawful for
the sub-inspector or head constable who shall act for the time
being for such place, or for any head or other constable to be
appointed by him, to execute the same:

2.Whenever it shall appear that the said person or his goods, as
the case may be, are not to be found in any place for which such
sub-inspector shall act, but that they are to be found elsewhere in
the same county, the said sub-inspector or head constable shall
certify on the warrant, according to the form (Gb.), the place
where he believes that the said person or his goods are to be
found, and also (having first satisfied himself as to the fact)
that he believes the signature to the warrant to be genuine, and
shall forthwith transmit the said warrant to the sub-inspector or
head constable who shall act for such last-mentioned place; and the
same shall be executed in like manner as any warrant addressed to
him in the first instance:

3.Whenever it shall appear that the said person or his goods, as
the case may be, are not to be found in the county to which such
sub-inspector or head constable shall belong, but that such person,
or his goods, as the case may be, are to be found elsewhere out
of the said county, the said sub-inspector or head constable shall,
as before, certify on the warrant, according to the form (Gb.), and
forthwith transmit the same to the inspector general of the
constabulary force, to be backed as herein-after mentioned:

Backing warrants.

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 27

27. Whenever any warrant addressed to the sub-inspector of
constabulary, or to any head or other constable, shall be so
certified and transmitted to the said inspector general, the manner
in which it shall be backed for execution elsewhere shall be as
follows:

1.Whenever it shall appear that the said person or his goods are
to be found in any place in Ireland, ... it shall be lawful for
the said inspector general or for either of the deputy inspectors
general of constabulary to indorse the said warrant according to the
form (Gc), and to transmit the same to the sub-inspector who shall
act for such place; and the same shall be executed in like manner
as any warrant addressed to him in the first instance:

3.Whenever it shall appear that the said person or his goods are
to be found in some place in England or Scotland, or in the Isles
of Man, Guernsey, Jersey, Alderney, or Sark, it shall be lawful for
the said inspector general, or for either of the said deputy
inspectors general, [or for a [chief superintendent of police]], to
indorse the warrant, according to form (Gc), and it shall thereupon
be lawful for any justice or officer having power to issue any
warrant, or process in the nature of a warrant, for the arrest of
offenders in any of the said places, upon proof on oath of the
handwriting [of the inspector general, deputy inspector general or
[chief superintendent of police]] by whom the same shall have been
indorsed or of the justice [or clerk of petty sessions] by whom
the warrant shall have been issued, to indorse the same, according
to the form (Gc), authorizing its execution within the jurisdiction
of the said justice or officer by the person bringing the same, or
by any constable or other peace officer of the county or place
where it shall be so indorsed:

Backing of warrants addressed to other persons than the constabulary.

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 28

28. Whenever a warrant shall be addressed to any other person or
persons than the constabulary, and it shall appear that the person
against whom the same shall have been issued, or his goods, as the
case may be, are not to be found within the county in which the
justice issuing the same shall have jurisdiction, but in some other
place in Ireland, or in any of the places out of Ireland
herein-before mentioned, it shall be lawful for any justice or other
such officer as aforesaid of such place, upon proof on oath of the
handwriting of the justice who shall have signed the warrant, to
indorse the same for execution in such place in like manner as is
herein-before provided as to any warrant indorsed by the inspector
general of constabulary.>

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 29
Backing warrants from England, &c. into Northern Ireland.

29. Whenever any person against whom any warrant shall be issued by
any justice or other such officer as aforesaid in England or
Scotland, or in the Isles of Man, Guernsey, Jersey, Alderney, or
Sark, for any crime or offence, shall reside or be, or be
suspected to reside or be, in any place in Ireland, it shall be
lawful for the said inspector general or for either of the said
deputy inspectors general, [or for a [chief superintendent of
police]], or for any justice of the said last-mentioned place, to
indorse the same in like manner and upon like proof as aforesaid,
authorizing the execution of the same within his jurisdiction.

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 30
Warrants for arrest issued by justices, judges, &c.

30. The aforesaid provisions as to the indorsement of warrants shall
equally apply to any warrants for the arrest of any person charged
with any indictable crime or offence for which he is punishable by
law, whether the same shall be signed or indorsed or issued by a
justice of the peace, or by a judge of [the High Court of Justice
in Northern Ireland], or [the Crown Court in England or Northern
Ireland], or by the Lord Justice General, Lord Justice Clerk, or
any of the Lords Commissioners of Justiciary, or by any [sheriff
principal or sheriff], in Scotland, or by the chief... secretary to
the Lord Lieutenant.

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 31
Warrants so backed to be valid for execution.

31. Whenever any warrant, addressed either to the constabulary or
any other person, shall be so indorsed by the said inspector
general or by either of the said deputies inspector general or by
any justice or other such officer as aforesaid, it shall be a
sufficient authority to the person bringing such warrant, and also
to all constables or peace officers of the county or place where
such warrant shall be so indorsed, to execute the same by arrest,
committal, or levy, as the case may be, within the jurisdiction of
the said justice or officer, and, in case of a warrant to arrest
any person, to convey him when arrested before the justice or
officer by whom the same was issued, or before some other justice
or officer of the same county or place, to be dealt with according
to law:....

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 32
Execution of warrants in cases of summary convictions.

32. The manner in which distresses and committals under warrants
shall be made shall be as follows:

1.Whenever any warrant to levy any penal or other sum by distress
shall be addressed to the constabulary, the sums levied under it
shall be accounted for under the provisions of the Fines Act,
Ireland, 1851, but whenever any such warrant shall be addressed to
any other person than the constabulary, such person shall pay over
the sum levied under it to the person who shall appear by such
warrant to be entitled to the same, or in such other manner, and
subject to such account of the same, as the justices shall
direct:Interpretation of terms.

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 44
> Paras.2 7 rep. by 1949 c.15 (NI) s.16 sch.4 Pt.III; 1964 c.21
(NI) s.172 sch.7

44. In the interpretation of this Act and of the schedules thereto
annexed, save where there is anything in the subject or context
repugnant to such construction, ... [the words ["chief superintendent
of police" means an officer of the Royal Ulster Constabulary having
the rank of chief superintendent]]..., the word "justice" shall mean
"justice of the peace," and shall include the "chief magistrate" for
the time being or the "borough justices" of any corporate town; the
word "constabulary" shall mean the constabulary force of Ireland;....

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 45
Short title of Act.

45. In citing this Act in other Acts of Parliament, or in any
legal or other instruments or proceedings, it shall be sufficient to
use the expression "The Petty Sessions (Ireland) Act, 1851."

S.46 rep. by SLR 1875

PETTY SESSIONS (IRELAND) ACT 1851 - SECT 47
Extent of Act.

47. This Act shall extend and be construed to extend to Ireland
only, save and except the several provisions herein-before contained
respecting the backing and execution of warrants and the taking of
examinations; and nothing in this Act shall be deemed to alter or
affect the jurisdiction or practice of the [High Court of Justice
in Northern Ireland].

S.48 rep. by SLR 1976