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SUMMARY JURISDICTION (IRELAND) ACT 1851

SUMMARY JURISDICTION (IRELAND) ACT 1851 - LONG TITLE

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

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 1
Justices may decide cases under this Act on evidence of witnesses
or confession, &c.

1. 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 sesions,) 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 (Ireland) Act, 1851, (when the case shall be
heard in any petty sessions district,) ... so far as the said
provisions shall be consistent with any special provisions of this
Act.

Ss.25 rep. by 1861 c.95 s.1 sch. S.6 rep. by SLR (NI) 1954; 1968
c.34 (NI) s.181(3) sch.8. S.7 rep. by 1968 c.28 (NI) s.16 sch.4

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 8

8. Any person who shall commit any of the next following offences
shall be liable to a fine not exceeding [50p], and in default of
payment thereof at such time as the justices shall fix shall be
liable to be imprisoned for a period not exceeding one week:1.Any
person who shall wilfully trespass in any field, garden, pleasure
ground, wood, plantation, or other place, and shall neglect or
refuse to leave any such place after he shall have been warned to
do so by the owner, or by the caretaker or servant of the owner,
or by any person authorized in that behalf by the owner:

2.Any person who shall again trespass in any such place within
three months from the time when any such warning shall have been
so given to him:

Penalty for obstructing operations on roads.

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 9
Trespass on fields, &c.

9.Paras.16 rep. by SLR 1875; SLR 1893; 1948 c.28 (NI) s.43(2)
sch.7; 1968 c.28 (NI) s.16 sch.4

7.Any person who shall wilfully prevent ..., or threaten to prevent
..., [the Department of the Environment or any] road contractor in
the execution of his duty, or any person or persons employed by
proper authority in surveying or measuring or laying out any line
intended for a new road; ..., shall be liable to a fine not
exceeding [#50], or to be imprisoned for a term not exceeding three
months:

Para.8 rep. by 1980 NI 11 art.64(2) sch.9

...

S.10 rep. by 1980 NI 11 art.64(2) sch.9

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 11

11. Any of the persons herein-after mentioned who shall commit any
of the next following offences on any public road or in any street
... shall (in addition to any civil action to which he may subject
himself) be liable to a fine not exceeding [#2]:Justices, &c. may
stop carriages in order to measure seats.

1. Any driver, owner, or guard of any coach, omnibus, car, caravan,
or other carriage, by what name soever the same is or shall
hereafter be called or known, which shall be employed as a public
stage carriage for conveying passengers for hire, who shall permit
more passengers to be carried by the same than the number for whom
seats shall be respectively provided, inside or outside of the same,
allowing a space of at least sixteen inches for each passenger,
over and above the space allotted to the driver and guard when
there is a guard; but no child under seven years of age shall be
included in or counted as one of such number; and it shall be
lawful for any justice, county inspector, sub-inspector, head or
other constable, to stop any such carriage which shall appear to
carry a greater number of passengers than the above, and to measure
the seats of the same, in order to ascertain whether sufficient
space has been allotted to the passengers:2. Any driver, owner, or
guard of any such public stage carriage, who shall allow any
passenger to sit upon the top of any luggage, or upon any part of
such carriage not intended to carry passengers, or who shall carry
or permit or suffer any parcel or parcels of luggage whatever
exceeding two feet in height above the roof to be conveyed on any
such carriage carrying inside passengers:3. Any person who shall keep
and employ any such public stage carriage, and who shall not paint
or cause to be painted on the outside of the door, or of each
door when there shall be more than one, of such carriage, or on
some other conspicuous part of such carriage where there shall be
no door, in legible letters of at least one inch in height, and
in a different colour from the ground on which the same is
painted, and in words at length, the number of passengers which
such carriage shall be intended to carry, together with the name or
names of the person or persons or firm of the company of
proprietors to whom such carriage shall belong, or who shall cause
any such carriage as aforesaid to be employed or used for carrying
any passengers for hire without having the said words painted in
such manner as is herein-before directed:4.Any driver or guard of
any such public stage carriage who shall wilfully mis-spend or lose
time on the road, or who shall use abusive or insulting language
to any passengers, or who by reason of intoxication, negligence, or
other misconduct, shall endanger the passengers in their lives or
their property, or the property of any other person with which they
may be intrusted, or who shall demand or exact more than the
proper fare due from any passenger; and in any such case the
justices may, in addition to the fine, order such offender to repay
to any party so aggrieved any sum so exacted, or a reasonable
compensation for any damage or loss caused by any such offence:5.Any
driver of any such public stage carriage who shall (at any place
or places where assistance can be procured) quit his horse or
horses, or the box of such carriage, until a proper person or
persons shall stand at the head of the horse or horses or fore
horse or fore horses, or shall hold the reins so as to prevent
them from running away; or any such last-mentioned person or persons
who shall not remain at their head or hold the reins until the
driver has returned to his box; or any driver of any such carriage
who shall intrust the reins to any other person to drive such
carriage, or any person who shall so take such reins and drive
such carriage.

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 12
Drivers leaving their horses until a proper person shall stand at
their head, or allowing others to drive, &c.

12. Any of the persons herein-after mentioned who shall commit any
of the next following offences on any public road, or in any
street of a town, shall (in addition to any civil action to which
he may subject himself) be liable to a fine not exceeding [#5].(1)
Any owner of any cart, car, dray, or other such carriage used for
the conveyance of goods, who shall use or allow the same to be
used on any public road or street without having his name and
residence painted upon some conspicuous part of the right or off
side of such carriage, in legible letters not less than one inch
in height, and in a different colour from the ground on which the
same is painted, and in words at length, or who shall paint or
cause to be painted any false or fictitious name or residence on
such carriage:2.Any person who shall act as the driver or have the
sole charge of more than one such carriage as last aforesaid on
any public road or street, unless in the cases where two of such
carriages and no more shall be drawn each by one horse only, and
the horse of the hinder of such carriages shall be attached by a
sufficient rein to the back of the foremost of such carriages:3.Any
person having the care and charge of any such carriage as last
aforesaid, who shall ride upon the same, or upon any horse drawing
the same, on any public road or street, except where he shall be
accompanied by some other person on foot or on horseback to guide
the same, or where such carriage shall be driven with reins, and
be conducted by some person holding the reins of all the horses
drawing the same:4. Any driver of any such carriage as last
aforesaid who shall negligently or wilfully be at such distance from
such carriage, or in such a situation, that he cannot have the
direction of the horse or horses drawing the same, or who shall
leave any such carriage on such road or street so as to obstruct
the passage thereof:5.Any driver of any such carriage as last
aforesaid not having the owner's name thereon as hereby required,
and remaining legible thereon, who shall refuse to tell or to
discover the true christian and surname and residence of the owner
of such carriage.

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 13
Drivers refusing to tell owners' names.

13. Any person who shall on any public road or street commit any
of the next following offences shall (in addition to any civil
action to which he may make himself liable) be also liable to the
punishment herein-after specified in each case:

Para.1 rep. by 1968 c.19 (NI) s.20 sch.; para.2 rep. by 1970 c.2
(NI) s.192 sch.5; para.3 rep. by 1980 NI 11 art.64(2) sch.9Negligent
driving, &c.

4. Any person riding any horse or animal, or driving any sort of
carriage, who shall ride or drive the same furiously on any public
road or street so as to endanger any passenger or person, or who
shall by carelessness or wilful misbehaviour cause any injury to any
person or property on any public road or street, shall be liable
to a fine not exceeding [#20].5.And no cart, dray, waggon, or other
such carriage, and no hackney car or carriage, or car or carriage
let on hire, travelling on any public road or street, shall be
driven by any person who shall not be of the full age of thirteen
years, under a penalty not exceeding [#10], to be paid by the
owner of such carriage.

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 14
Children under thirteen years not to drive certain vehicles.

14. The mode of proceeding as to any of the said offences
committed upon public roads or streets shall be subject to the
following special provisions:1The county and sub-inspectors, head and
other constables of the constabulary force, shall take cognizance of
all such offences, and shall, in every case where the name and
residence of any such offender is known or can be ascertained,
summon him either before the justices of the petty sessions district
in which the offence shall be committed, or before the justices of
any other petty sessions district in which such offender may reside
or be at the time of taking such proceeding; and such justices are
hereby authorized to hear and determine such case, either upon the
complaint of such county or sub-inspector, head or other constable,
or of any other person:Proceedings if offender will not discover his
name.2.Where the name and residence of such offender shall be
unknown and cannot be ascertained [or where he has no fixed place
of abode], he may, with or without any warrant, be arrested by any
such county or sub-inspector, head or other constable, or any
persons whom he may call to his assistance; and if any such person
shall refuse to discover his name it shall be lawful for the
justice before whom he shall be taken, or to whom any such
complaint shall be made, to commit him to gaol for any time not
exceeding one month, or to entertain any proceeding against him for
the penalty aforesaid by a description of his person and offence
only, without adding any name or designation, but expressing in the
proceedings that he refused to discover his name; and whenever any
person having charge of any horse or other animal, or of any cart
or other carriage, shall be so taken into custody by any county
inspector, sub-inspector, head or other constable, it shall be lawful
for such county or sub-inspector, head or other constable also to
take charge of such horse, animal, cart, or carriage, and to
deposit the same in some place of safe custody, as a security for
payment of any penalty to which the person having had charge
thereof may become liable; and it shall be lawful for the justices
by whom the case shall be heard to order that, in default of such
penalty, and the expenses of keeping such horse, animal, cart, or
carriage, being paid, the same shall be sold, for the purpose of
satisfying such penalty and expenses, in like manner as if the same
had been subject to be distrained and had been distrained for the
payment of the same:

Para.3 rep. by 1980 NI11 art.64(2) sch.9; para.4 rep. by 1968 c.9
(NI) s.13 sch.25.Any summons issued by any justice, requiring any
owner, driver, or guard of any public stage carriage to appear
before him to answer any complaint for any such offence, shall be
deemed good and sufficient service in case the same be left with
the known or acting book-keeper, or with any other person having
the care of any office where places are usually taken or parcels
received for such carriage.

S.15 rep. by 1978 NI20 art.77(3) sch.10

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 16
Summons for the driver, &c. of stage carriage left with the
book-keeper, &c. to be good service.

16. The decision of certain disputes between employers and the
persons employed by them shall be subject to the following
provisions:

Paras.1, 2 rep. by 1953 c.3 (NI) s.51 sch.43.In every case where
any such master or employer shall intrust his business to the
management and superintendence of any steward, agent, bailiff,
foreman, or manager it shall be lawful for the justices to summon
such steward, agent, bailiff, foreman, or manager to appear at petty
sessions, and to hear and determine the matter of the complaint in
such and the like manner as complaints of the like nature against
any master or employer, and to make an order for the payment by
such steward, agent, bailiff, foreman, or manager, to the
complainant, of such sum or compensation as shall be justly due to
him; and in case of refusal or nonpayment of any such sum or
compensation at such time as shall be directed by such justices, it
shall be lawful for them to issue a warrant to levy the same by
distress and sale of the goods of such master or employer:

Para.4 rep. by 1867 c.141 sch.1; 1875 c.86 s.175.Any servant or
other person who shall hire or engage with any master or other
person under any false or forged discharge or certificate of
character, shall be liable to forfeit all the wages which shall be
due to him by such master or person at the time of his
conviction, and shall also be liable to a fine not exceeding five
pounds, and in default of payment to be imprisoned for a term not
exceeding three months.

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 17
Punishment of servants, &c. for hiring under false discharges, &c.

17. The decision and regulation of certain matters relating to fairs
and markets shall be subject to the following provisions:

Para.1 rep. by 1953 c.3 (NI) s.51 sch.42.It shall be lawful for
the town commissioners acting under the Lighting of Towns (Ireland)
Act, 1828, and for the commissioners acting under any other local
or special Acts giving them like powers in their respective towns
not being corporate towns, and for the justices at petty sessions
in other market towns, not being corporate towns, from time to time
to appoint, by order in writing, such place or places in such
towns as they shall think fit for any public or hackney car or
carriage to stand in for hire; and also to make (and vary from
time to time) such regulations as they shall see fit for keeping
or causing to be kept free and clear from obstruction all passages
or thoroughfares in and through the said markets, and for keeping
or causing to be kept all said markets, and all passages therein
and thereto, clear and free from any dirt or nuisances of any kind
whatever, and for preventing all indecencies being committed therein;
provided that no such regulations shall interfere with or impede the
due accommodation of persons lawfully exposing goods or wares for
sale therein; and it shall be lawful for the said town
commissioners or justices, as the case may be, to give due notice
of such regulations, by causing the same to be painted on a board,
and affixed in some conspicuous place in any such market, in like
manner as schedules of tolls and customs in markets are now
required by law to be affixed:And any person who shall commit any
of the next following offences shall be liable to the punishment
herein-after specified:3.Any person who shall offend against any of
the said regulations, by exhibiting goods or wares in any such
market in any place other than that appointed for the sale of the
same, or by refusing to remove the same when required so to do,
or by obstructing the passages or thoroughfares in and through such
market, or by placing or leaving any impediment of any kind
therein, or by leaving or causing to be left any dirt or nuisance
of any kind therein, or who shall commit any indecency in said
market or in the passages thereto, shall be liable to a fine [not
exceeding #20]:4.Any person who shall, within any city, borough, or
market town in Ireland, or within a quarter of a mile from the
boundary thereof, cause any cart, dray, waggon, or other such
carriage, or any public or hackney car or carriage, to stand in
any public road or street longer than may be reasonable or
necessary for loading or unloading, or for taking up or setting
down passengers, (except any cart, dray, waggon, or other such
carriage lawfully standing in any place customarily used for such
purpose in any public market or fair, and except any public or
hackney car or carriage standing for hire in any place which shall
be fixed as a standing for that purpose in manner aforesaid,) shall
be liable to a fine not exceeding [#1].

S.18 rep. by 1860 c.119 s.4. S.19 rep. by SLR (NI) 1954; 1969
c.30 (NI) s.132 sch.6; 1976 NI13 art.14 sch. S.20 rep. by 1976
NI13 art.14 sch.

S.21 rep. by SLR 1980

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 22
Pardon to persons imprisoned for nonpayment of money.

22. It shall be lawful for the Lord Lieutenant to 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.

S.23 rep. by 1935 c.13 (NI) s.62 sch.5. S.24 rep. by SL(R) 1976

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 25
Interpretation.

25. In the interpretation of this Act, save where there is anything
in the subject or context repugnant to such construction.... the
word "justice" shall mean "justice of the peace"... or "chief
magistrate" of any corporate town; ... the word "road" shall include
"highway" or other public thoroughfare, and "street" shall include
any lane or passage 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.

Ss.26, 27 rep. by SLR 1875

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 28
Extent of Act.

28. This Act shall extend and be construed to extend to Ireland
only.

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 29
Short title.

29. In citing this Act in other Acts of Parliament, or in any
legal instrument or proceedings, it shall be sufficient to use the
expression "The Summary Jurisdiction (Ireland) Act, 1851."