[Preamble.]
Abolition of jurisdiction of ecclesiastical courts in suits for brawling against persons not in holy orders, &c.                                     1. It shall not be lawful for any ecclesiastical court in England . . . to entertain or adjudicate upon any suit or cause of brawling against any person not being in holy orders . . . and in the case of every person committed or to be committed to gaol under any writ de contumace capiendo, issued in consequence of any proceedings before any ecclesiastical court in any cause or suit for defamation of character, or, where such person is not in holy orders, for brawling, the judge of the ecclesiastical court before whom such proceedings shall have been had shall make an order upon the officer in whose custody such person shall be at any time hereafter for discharging such person out of custody; and such officer shall on the receipt of such order forthwith discharge such person; and it shall not be necessary for such person to take any oath of future obedience to his or her ordinary: Provided always, that such order shall not be made unless the costs lawfully incurred in any such suit shall have been previously paid into the registry of such ecclesiastical court; . . .

Penalty on persons guilty of riotous behaviour, &c. in churches, chapels certified under 18 & 19 Vict. c. 81., &c., churchyards, or burial grounds.  2. Any person who shall be guilty of riotous, violent, or indecent behaviour in England or Ireland in any cathedral church, parish or district church or chapel of the Church of England and Ireland, or in any chapel of any religious denomination, or in England in any place of religious worship duly certified under the provisions of the Places of Worship Registration Act, 1855, whether during the celebration of divine service or at any other time, or in any churchyard or burial ground, or who shall molest, let, disturb, vex, or trouble, or by any other unlawful means disquiet or misuse any preacher duly authorized to preach therein, or any clergyman in holy orders ministering or celebrating any sacrament, or any divine service, rite, or office, in any cathedral, church, or chapel, or in any churchyard or burial ground, shall, on conviction thereof before two justices of the peace, be liable to a penalty of not more than five pounds for every such offence, or may, if the justices before whom he shall be convicted think fit, instead of being subjected to any pecuniary penalty, be committed to prison for any time not exceeding two months.

Offenders may be apprehended, &c. immediately after offence committed.                                                                               3. Every such offender in the premises after the said misdemeanor so committed immediately and forthwith may be apprehended and taken by any constable or churchwarden of the parish or place where the said offence shall be committed, and taken before a justice of the peace of the county or place where the said offence shall have been so committed, to be dealt with according to law.

Persons aggrieved may appeal against conviction.                                                                                4. Any person convicted as aforesaid who shall think himself aggrieved by such conviction may forthwith appeal to the next court of general or quarter sessions [1 which shall be holden not less than twelve days after the day of such conviction for the county, riding, division, city, or borough wherein the cause of complaint shall have arisen; provided such person shall enter into a recognizance with two sufficient sureties before the convicting justices, conditioned personally to appear at the said sessions and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such recognizance being entered into, the justices shall liberate such person, and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet, and, in case of the dismissal of the appeal or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.]

[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Saving of 1 Mar. sess. 2. c. 3, 1 Eliz. c. 2, and 1 Will. & Mar. c. 18. s. 18.[2]                                                                    6. Nothing herein-before contained shall be taken to repeal or alter the statute passed in the second session of the first year of the reign of Queen Mary, chapter three; or the statute passed in the first year of the reign of Queen Elizabeth, chapter two; or the eighteenth section [2] of the statute passed in the first year of the reign of King William and Queen Mary, chapter eighteen.

Act not to limit power of ordinary over fabrics of churches, &c.                                                                                7. Provided also, that nothing herein contained shall limit, restrain, or abolish the power possessed by the ordinary over the fabric of any church or over the churchyard or burial ground connected therewith.

[1 Words in brackets rep. as to E., 47 & 48 Vict. c. 43. s. 4.]

[2 S. 15 in the Statutes of the Realm, and in this Edition.]

[2 S. 15 in the Statutes of the Realm, and in this Edition.]


Be it enacted by the King’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, as follows:
Power to require information in respect of imported goods bearing fraudulent marks.  1.—(1) Where any goods which, if sold, would be liable to forfeiture under the Merchandise Marks Act, 1887, are imported into the United Kingdom, and the goods bear any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, and the Commissioners of Customs and Excise are, upon representations made to them, satisfied that the use of the name or trade mark is fraudulent, the proper officer of Customs and Excise may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods, and to furnish information as to the name and address of the person by whom the goods were consigned to the United Kingdom and the name and address of the person to whom the goods were sent in the United Kingdom; and, if the importer or his agent fails within fourteen days to comply with any such requirement, he shall, for each offence, forfeit the sum of one hundred pounds.

50 & 51 Vict c. 28.
(2) Any information obtained from the importer of the goods or his agent under this section, or from any other source, may be communicated by the Commissioners to any person whose name or trade mark is alleged to have been used or infringed.
(3) This section shall have effect as if it were part of section sixteen of the Merchandise Marks Act, 1887.

Short title.                                                                         2. This Act may be cited as the Merchandise Marks Act, 1911, and the Merchandise Marks Acts, 1887 to 1894, and this Act may be cited together as the Merchandise Marks Acts, 1887 to 1911.


[20th December, 2023]
WHEREAS by a Royal Charter bearing the date the 5th day of August 1823 and granted by His late Majesty King George the Fourth, the Royal Hibernian Academy in Ireland was incorporated by that name and provisions were made for the conduct thereof;
AND WHEREAS by Charter or Letters Patent bearing date the 27 February 1861 and granted by Her late Majesty Queen Victoria (hereinafter called the Charter of 1861) the said Royal Hibernian Academy in Ireland was again incorporated by that name and provisions were made for the conduct thereof;
AND WHEREAS by virtue of Article 73 of the Constitution of Saorstát Éireann the Charter of 1861, had the force of law in Saorstát Éireann and, by virtue of Article 50 of the Constitution, the said Charter is now in force in Ireland;
AND WHEREAS adaptations of the said Charter of 1861 were made by the Royal Hibernian Academy (Adaption of Charter) Order 1940 in order to enable that Charter to have full force and effect in Ireland;
AND WHEREAS it is desirable that provision be made to increase the membership of the Academy and that certain amendments as hereinafter provided should be made in the Charter of 1861;
AND WHEREAS the said amendments cannot be effected without the authority of the Oireachtas;
Be it therefore enacted by the Oireachtas as follows:
Short title
1. This Act may be cited as The Royal Hibernian Academy (Amendment of Charter) Act 2023.

Amendment of lines 7, 8, 45 and 46 of the Charter of 1861
2. The Charter of 1861 shall be read and construed—
(a) as if the following words were deleted therefrom where the same appear in lines 7 and 8 thereof, that is to say, the words “to increase the number of their members from fourteen to thirty” and as if in substitution for the words so last deleted the words “to increase the number of their members from thirty to fifty-five”,
(b) as if the following words were deleted therefrom where the same appear in lines 45 and 46 thereof, that is to say, the words “the said Body Corporate shall consist of thirty persons” and as if in substitution for the words so last deleted the words “the said Body Corporate shall consist of fifty-five persons”.

Amendment of lines 19, 49, 50, 58, 61, 69, 70, 71, 81 and 89 of the Charter of 1861
3. The Charter of 1861 shall be read and construed—
(a) as if the following words were deleted therefrom where the same appear in lines 19, 49, 50, 58, 61, 69, 70, 71, 81 and 89 thereof, that is to say, the words “President Treasurer Secretary” and as if in substitution for the words so last deleted the words “President Treasurer Secretary and Keeper”,
(b) as if the following words were deleted therefrom where the same appear in line 46 thereof, that is to say, the words “President Treasurer Secretary for the time being shall always be three” and as if in substitution for the words so last deleted the words “President Treasurer Secretary and Keeper for the time being shall always be four”.

Amendment of lines 29 and 30 of the Charter of 1861
4. The Charter of 1861 shall be read and construed as if the following words were deleted therefrom where the same appear in lines 29 and 30 thereof, that is to say, the words “not exceeding the yearly value of One thousand pounds over and above all charges and reprisals so far as they are not restrained by law”.

Amendment of lines 61 and 62 of the Charter of 1861
5. The Charter of 1861 shall be read and construed—
(a) as if the following words were deleted therefrom where the same appear in lines 61 and 62 thereof, that is to say, the words “Painters, Sculptors, Architects or Engravers” and as if in substitution for the words so last deleted the words “Painters, Sculptors, Architects and Printmakers”,
(b) as if the following words were deleted therefrom where the same appear in lines 65 and 66 thereof, that is to say, the words “the Arts of Painting, Sculpture, Architecture, Drawing, Engraving and other Arts” and as if in substitution for the words so last deleted the words “the Arts of Painting, Sculpture, Architecture, Drawing, Printmaking and other Arts”.

Amendment of lines 68 and 82 of the Charter of 1861
6. The Charter of 1861 shall be read and construed—
(a) as if the following words were deleted therefrom where the same appear in line 68, that is to say the words “within the City of Dublin or ten miles thereof.”,
(b) as if the following words were deleted therefrom where the same appear in line 82, that is to say the words “in the City of Dublin or within ten miles thereof.”.

Amendment of line 75 of the Charter of 1861
7. The Charter of 1861 shall be read and construed as if the following words were deleted therefrom where the same appear in line 75 thereof, that is to say, the words “said Academicians then and there assembled being the number of nine or more” and as if in substitution for the words so last deleted the words “said Academicians then and there assembled being one third or more Academicians”.


[Preamble.]
Mail contractors, coach proprietors, and carriers not to be liable for loss of certain goods above the value of 10l. unless they are delivered as such, and an increased charge accepted.  [1.] No mail contractor, stage coach proprietor, or other common carrier by land for hire shall be liable for the loss of or injury to any article or articles or property of the descriptions following; (that is to say,) gold or silver coin of this realm or of any foreign state, or any gold or silver in a manufactured or unmanufactured state, or any precious stones, jewellery, watches, clocks, or time-pieces of any description, trinkets, bills, notes of the governor and company of the Banks of England, Scotland, and Ireland respectively, or of any other bank in Great Britain or Ireland, orders, notes, or securities for payment of money, English or foreign, stamps, maps, writings, title deeds, paintings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials, furs, or lace, or any of them, contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger in any mail or stage coach or other public conveyance, when the value of such article or articles of property aforesaid contained in such parcel or package shall exceed the sum of ten pounds, unless at the time of the delivery thereof at the office, warehouse, or receiving house of such mail contractor, stage coach proprietor, or other common carrier, or to his, her, or their book-keeper, coachman, or other servant, for the purpose of being carried or of accompanying the person of any passenger as aforesaid, the value and nature of such article or articles or property shall have been declared by the person or persons sending or delivering the same, and such increased charge as herein-after mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package.

When any parcel shall be so delivered an increased rate of charge may be demanded.                                                                                2. When any parcel or package containing any of the articles above specified shall be so delivered, and its value and contents declared as aforesaid, and such value shall exceed the sum of ten pounds, it shall be lawful for such mail contractors, stage coach proprietors, and other common carriers to demand and receive an increased rate of charge, to be notified by some notice affixed in legible characters in some public and conspicuous part of the office, warehouse, or other receiving house where such parcels or packages are received by them for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles; and all persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office shall be bound by such notice, without further proof of the same having come to their knowledge.

Notice of such charge to be affixed in offices or warehouses.

Carriers to give receipts for increased charges.                                                                                3. Provided always, that when the value shall have been so declared, and the increased rate of charge paid, or an engagement to pay the same shall have been accepted as herein-before mentioned, the person receiving such increased rate of charge or accepting such agreement shall, if thereto required, sign a receipt for the package or parcel, acknowledging the same to have been insured, which receipt shall not be liable to any stamp duty; and if such receipt shall not be given when required, or such notice as aforesaid shall not have been affixed, the mail contactor, stage coach proprietor, or other common carrier as aforesaid, shall not have or be entitled to any benefit or advantage under this Act, but shall be liable and responsible as at the common law, and be liable to refund the increased rate of charge.

In case of neglect to give receipt or affix notice, carriers shall not be entitled to benefit of this Act.

Public notices or declarations by carriers not to limit their liability, but they shall remain liable for all losses from which they are not protected by this Act.                        4. Provided always, that no public notice or declaration heretofore made or hereafter to be made shall be deemed or construed to limit or in anywise affect the liability at common law of any such mail contractors, stage coach proprietors, or other public common carriers as aforesaid, for or in respect of any articles or goods to be carried and conveyed by them; but that all and every such mail contractors, stage coach proprietors, and other common carriers as aforesaid shall be liable, as at the common law, to answer for the loss of any injury to any articles and goods in respect whereof they may not be entitled to the benefit of this Act, any public notice or declaration by them made and given contrary thereto, or in anywise limiting such liability, notwithstanding.

Every office used to be deemed a receiving house; and any one coach proprietor, &c. may be sued.                                                                                5. For the purposes of this Act every office, warehouse, or receiving house, which shall be used to appointed by any mail contractor or stage coach proprietor or other such common carrier as aforesaid for the receiving of parcels to be conveyed as aforesaid, shall be deemed and taken to be the receiving house, warehouse, or office of such mail contractor, stage coach proprietor, or other common carrier; and any one or more of such mail contractors, stage coach proprietors, or common carrier shall be liable to be sued by his, her, or their name or names only; and no action or suit commenced to recover damages for loss or injury to any parcel, package, or person shall abate for the want of joining any co-proprietor or co-partner in such mail, stage coach, or other public conveyance by land for hire as aforesaid.

Action not to abate for non-joinder of co-proprietors.
Special contracts not affected.                                                                                6. Provided always, that nothing in this Act contained shall extend or be construed to annual or in anywise affect any special contract between such mail contractor, stage coach proprietor, or common carrier, and any other parties, for the conveyance of goods and merchandises.

Parties entitled to damages for loss may also recover the increased charges.                                                                                7. Provided also, that where any parcel or package shall have been delivered at any such office, and the value and contents declared as aforesaid, and the increased rate of charges been paid, and such parcels or packages shall have been lost or damaged, the party entitled to recover damages in respect of such loss or damage shall also be entitled to recover back such increased charges so paid as aforesaid, in addition to the value of such parcel or package.

Nothing herein to protect felonious acts.                                                                                8. Provided also, that nothing in this Act shall be deemed to protect any mail contractor, stage coach proprietor, or other common carrier for hire from liability to answer for loss or injury to any goods or articles whatsoever arising from the felonious acts of any coachman, guard, book-keeper, porter, or other servant in his or their employ, nor to protect any such coachman, guard, book-keeper, or other servant from liability for any loss or injury occasioned by his or their own personal neglect or misconduct.

Coach proprietors and carriers liable only to such damages as are proved.                                                                                9. Provided also, that such mail contractors, stage coach proprietors, or other common carriers for hire shall not be concluded as to the value of any such parcel or package by the value so declared as aforesaid, but that he or they shall in all cases be entitled to require, from the party suing in respect of any loss or injury, proof of the actual value of the contents by the ordinary legal evidence, and that the mail contractors, stage coach proprietors, or other common carriers as aforesaid shall be liable to such damages only as shall be so proved as aforesaid, not exceeding the declared value, together with the increased charges as before mentioned.

Money may be paid into court in all actions for loss of goods.                                                                                10. In all actions to be brought against any such mail contractor, stage coach proprietor, or other common carrier as aforesaid for the loss of or injury to any goods delivered to be carried, whether the value of such goods shall have been declared or not, it shall be lawful for the defendant or defendants to pay money into court in the same manner and with the same effect as money may be paid into court in any other action.

[S. 11 rep. 51 & 52 Vict. c. 57. (S.L.R.)]


Preliminary
Short title.
1. This Act may be cited for all purposes as “The Debtors Act (Ireland), 1872.”

Extent.                                                                                2. This Act shall not extend to England or Scotland.

Commencement.                                                                                3. This Act shall not come into operation until the [1] day on which the Bankruptcy (Ireland) Amendment Act, 1872, comes into operation, which day is herein-after referred to as the commencement of this Act.

35 & 36 Vict. c. 58.
Interpretation of terms.                                                                                4. In this Act, if not inconsistent with the context, the following terms shall have the meanings herein-after respectively assigned to them; that is to say,
“Debt contracted after the passing of this Act” shall mean any sum of money due or payable under or in respect of any contract or obligation made or entered into, or liability incurred, or cause of action or suit arisen after the passing of this Act :
“Debt contracted before the passing of this Act” shall mean any sum of money due or payable under or in respect of any contract or obligation made or entered into, or liability incurred, or cause of action or suit arisen before the passing of this Act :
35 & 36 Vict. c. 58.
And words and expressions defined or explained in the Bankruptcy (Ireland) Amendment Act, 1872, shall have the same meaning in this Act.

Part I.
Abolition of Imprisonment for future Debts.
Abolition of imprisonment for debt, with exceptions.                                                           5. [1] With the exceptions herein-after mentioned, no person shall after the commencement of this Act be arrested or imprisoned for making default in payment of a debt contracted after the passing of this Act.

There shall be excepted from the operation of the above enactment :
1. Default in payment of a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract :
2. Default in payment of any sum recoverable summarily before a justice or justices of the peace :
3. Default by a trustee or person acting in a fiduciary capacity and ordered to pay by a court of equity any sum in his possession or under his control :
4. Default by an attorney or solicitor in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the court making the order :
5. Default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any court having jurisdiction in bankruptcy or insolvency is authorised to make an order :
6. Default in payment of sums in respect of the payment of which orders are in this Act authorised to be made :
Provided, first, that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than one year; and, secondly, that nothing in this section shall alter the effect of any judgment or order of any court for payment of money except as regards the arrest and imprisonment of the person making default in paying such money.

Saving of power of committal for small debts.                                                                  6. Subject to the provisions herein-after mentioned and to the prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent court, made or recovered after the passing of this Act in respect of a debt contracted after the passing of this Act.

14 & 15 Vict. c. 57.
Provided—(1.) That the jurisdiction by this section given of committing a person to prison shall, in the case of any court other than the superior courts of law and equity, be exercised only subject to the following restrictions; that is to say,
(a) Be exercised only by a judge, and by an order made in open court, and showing on its face the ground on which it is issued :
(b.) Be exercised only as respects a judgment of a superior court of law or equity when such judgment does not exceed fifty pounds exclusive of costs :
(c.) Be exercised only as respects a decree of a civil bill court by a chairman of quarter sessions or recorder.
(2.) That such jurisdiction shall only be exercised where it is proved to the satisfaction of the court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same.

Proof of the means of the person making default may be given in such manner as the court thinks just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath, according to the prescribed rules.

Any jurisdiction by this section given to the superior courts may be exercised by a judge sitting in chambers, or otherwise in the prescribed manner.

For the purposes of this section any court may direct any debt due from any person in pursuance of any order or judgment of that or any other competent court to be paid by instalments, and may from time to time rescind or vary such order.

Persons committed under this section by a superior court may be committed to the prison in which they would have been confined if arrested on a writ of capias ad satisfaciendum, and every order of committal by any superior court shall, subject to the prescribed rules, be issued, obeyed, and executed in the like manner as such writ.

This section, so far as it relates to any civil bill court, shall be deemed to be sub-tituted for sections one hundred and sixteen and one hundred and seventeen of the Civil Bill Courts (Ireland) Act, 1851, and that Act and the Acts amending the same shall be construed accordingly, and shall extend to orders made by the chairman of quarter sessions with respect to sums due in pursuance of any order or judgment of any court other than a civil bill court.

No imprisonment under this section shall operate as a satisfaction or extinguishment of any debt or demand or cause of action, or deprive any person of any right to take out execution against the lands, goods, or chattels of the person imprisoned, in the same manner as if such imprisonment had not taken place.

Any person imprisoned under this section shall be discharged out of custody upon a certificate, signed in the prescribed manner, to the effect that he has satisfied the debt or instalment of a debt in respect of which he was imprisoned, together with the prescribed costs (if any).

. .
Power under certain circumstances to arrest defendant about to quit Ireland.                                   7. . .

Where the plaintiff in any action in any of Her Majesty's superior courts of law at Dublin, in which if brought before the commencement of this Act the defendant would have been liable to arrest, proves at any time before final judgment by evidence on oath, to the satisfaction of a judge of one of those courts, that the plaintiff has good cause of action against the defendant to the amount of twenty pounds or upwards, or has sustained damage to that amount, and that there is probable cause for believing that the defendant is about to quit Ireland unless he be apprehended, and that the absence of the defendant from Ireland will materially prejudice the plaintiff in the prosecution of his action, such judge may in the prescribed manner order such defendant to be arrested and imprisoned for a period not exceeding six months, unless and until he has sooner given the prescribed security, not exceeding the amount claimed in the action, that he will not go out of Ireland without the leave of the court.

Where the action is for a penalty or sum in the nature of a penalty, other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from Ireland will materially prejudice the plaintiff in the prosecution of his action, and the security given (instead of being that the defendant will not go out of Ireland) shall be to the effect that any sum recovered against the defendant in the action shall be paid or that the defendant shall be rendered to prison.

Saving for sequestration against property.                                                                     8. Sequestration against the property of a debtor who is not liable to be arrested or imprisoned after the commencement of this Act may, after the commencement of this Act, be issued by any court of equity in the same manner as if such debtor had been actually arrested.

Saving for 20 & 21 Vict. c. 60. and 35 & 36 Vict. c. 58.                                                       9. Nothing in this part of this Act shall in any way affect any right or power, under the Irish Bankrupt and Insolvent Act, 1857, or the Bankruptcy (Ireland) Amendment Act, 1872, to arrest or imprison any person.

Definition of “prescribed.”                                                                                10. In this part of this Act the term “prescribed” means as follows :
16 & 17 Vict. c. 113.
As respects the superior courts of common law, prescribed by general rules to be made in pursuance of the Common Law Procedure Act, 1853 ;
30 & 31 Vict. c. 44.
As respects the superior courts of equity, prescribed by general rules and orders to be made in pursuance of the Chancery (Ireland) Act, 1867.

As respects the civil bill courts, prescribed by general rules to be made under the 14th & 15th Vict. c. 57., and 27th & 28th Vict. c. 99.; and
As respects any other court, prescribed by the rules to be made, with the approval of the Lord Chancellor, by the persons having the power to make rules in relation to the practice of such court, or if there be no such person by the judge of such court :
And general rules and orders may respectively be made by such authorities as aforesaid for the purpose of carrying into effect this part of this Act.

The term “judge” in this part of the Act shall include “chairman of quarter sessions” and “recorder,” and any person for the time being doing and executing the duty of such chairman or recorder.

Part II.
Punishment of Fraudulent Debtors.
Punishment of Fraudulent debtors.                                                                              11. Any person adjudged bankrupt, and any person who shall have presented a petition for an arrangement with his creditors, in pursuance of the Irish Bankrupt and Insolvent Act, 1857, as amended by the Bankruptcy (Ireland) Amendment Act, 1872, shall, in each of the cases following, be deemed guilty of a misdemeanor, and on conviction thereof, shall be liable to be imprisoned for any time not exceeding two years, with or without hard labour; that is to say,—
20 & 21 Vict. c. 60.
35 & 36 Vict. c. 58.
1. If he does not, to the best of his knowledge and belief, fully and truly discover to the court, or to the assignee or assignees, or to such person or persons as the court shall from time to time direct, or to the trustees or trustee (if any) administering his estate for the benefit of his creditors, all his property, real and personal, and how, and to whom and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid out in the ordinary expense of his family, unless the jury is satisfied that he had no intent to defraud :
2. If he does not deliver up to the assignees or to said trustees or trustee (if any), or as they or he or the court shall direct, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless the jury is satisfied that be had no intent to defraud :
3. If he does not deliver up to the assignees or to said trustees or trustees (if any), or as they or the court shall direct, all books documents, papers, and writings in his custody or under his control relating to his property or affairs, unless the jury is satisfied that he had no intent to defraud :
4. If after the presentation of a bankruptcy petition by or against him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he conceals any part of his property to the value of ten pounds or upwards, or conceals any debt due to or from him, unless the jury is satisfied that he had no intent to defraud :
5. If after the presentation of a bankruptcy petition by or against him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he fraudulently removes any part of his property of the value of ten pounds or upwards :
6. If he makes any material omission in any statement relating to his affairs, unless the jury is satisfied that he had no intent to defraud :
7. If, knowing or believing that a false debt has been proved by any person under the bankruptcy or arrangement, he fail for the period of a month to inform the assignees or one of them, or such trustee or trustee (if any) thereof :
8. If after the presentation of a bankruptcy petition by or against him, or after the presentation of a petition for arrangement by him, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law :
9. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for an arrangement by him, or within four months next before such presentation respectively, he conceals, destroys, mutilates, or falsifies, or is privy to the concealment, destruction, mutilation, or falsification of any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law :
10. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law :
11. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he fraudulently parts with, alters, or makes any omission or is privy to the fraudulently parting with, altering, or making any omission, in any document affecting or relating to his property or affairs :
12. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or at any meeting of his creditors within four months next before such presentation respectively, he attempts to account for any part of his property by fictitious losses or expenses :
13. If within four months next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he, by any false representation or other fraud, has obtained any property or credit and has not paid for the same :
14. If within four months next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he being a trader, obtains, under the false pretence of carrying on business and dealing in the ordinary way of his trade, any property on credit and has not paid for the same, unless the jury is satisfied that he had no intent to defraud :
15. If within four months next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud :
16. If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy or arrangement.

Penalty for absconding with property.                                                                          12. If any person who is adjudged a bankrupt, or has presented a petition for arrangement after such adjudication or presentation respectively, or within four months before such adjudication or presentation respectively, quits Ireland and takes with him, or attempts or makes preparation for quitting Ireland and for taking with him, any part of his property to the amount of twenty pounds or upwards, which ought by law to be divided amongst his creditors, he shall (unless the jury is satisfied that he had no intent to defraud) be guilty of felony, punishable with imprisonment for a time not exceeding two years, with or without hard labour.

Penalty on fraudulently obtaining credit, &c.                                                                  13. Any person shall in each of the cases following be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be imprisoned for any time not exceeding one year, with or without hard labour; that is to say,
(1.) If in incurring any debt or liability he has obtained credit under false pretences, or by means of any other fraud :
(2.) If he has with intent to defraud his creditors, or any of them, made or caused to be made any gift, delivery, or transfer of or any charge on his property :
(3.) If he has, with intent to defraud his creditors, concealed, or removed any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him.
(4.) If he has wilfully concealed any real or personal estate of any bankrupt or arranging debtor, and has not within forty-two days after the filing of the petition of bankruptcy or for arrangement discovered such estate to the court or to the assignees or the trustees or trustee (if any).

False claim,&c. a misdemeanor.                                                                                14. If any creditor in any bankruptcy or arrangement or composition with creditors in pursuance of the Irish Bankrupt and Insolvent Act, 1857, as amended by the Bankruptcy (Ireland) Amendment Act, 1872, wilfully and with intent to defraud makes any false claim, or any proof, declaration, or statement of account which is untrue in any material particular, he shall be guilty of a misdemeanor, punishable with imprisonment not exceeding one year, with or without hard labour.

20 & 21 Vict. c. 60.
35 & 36 Vict. c. 58.
Debts incurred by fraud.                                                                                15. Where a debtor makes any arrangement or composition with his creditors under the provisions of the Irish Bankrupt and Insolvent Act, 1857, as amended by the Bankruptcy (Ireland) Amendment Act, 1872, he shall remain liable for the unpaid balance of any debt which he incurred or increased, or whereof before the date of the arrangement or composition he obtained forbearance, by any fraud, provided the defrauded creditor has not assented to the arrangement or composition otherwise than by proving his debt and accepting dividends.

20 & 21 Vict. c. 60.
35 & 36 Vict. c. 58.
Order by court for prosecution on report of assignee or trustee.                                               16. Where any assignee or a trustee in any bankruptcy or arrangement reports to the court that in his opinion a bankrupt or arranging debtor has been guilty of any offence under this Act, or where the court is satisfied upon the representation of any creditor that there is ground to believe that the bankrupt or arranging debtor has been guilty of any offence under this Act, the court shall, if it appears to the court that there is a reasonable probability that the bankrupt or arranging debtor may be convicted, order the assignees or trustee to prosecute the bankrupt or arranging debtor for such offence.

Expenses of prosecutions.                                                                                17. Where the prosecution of the bankrupt or arranging debtor under this Act is ordered by any court, then, on the production of the order of the court, the expenses of the prosecution shall be allowed, paid, and borne as expenses of prosecutions for felony are allowed, paid, and borne.

Application of Vexatious Indictments Act.                                                                      18. Every misdemeanor under the second part of this Act shall be deemed to be an offence within and subject to the provisions of the Vexatious Indictments Act, 1859, and when any person is charged with any offence before any justice or justices, such justice or justices shall take into consideration any evidence adduced before him or them tending to show that the act charged was not committed with a guilty intent.

22 & 23 Vict. c. 17.
Form of indictment.                                                                                19. In an indictment for an offence under this Act it shall be sufficient to set forth the substance of the offence charged in the words of this Act specifying the offence or as near thereto as circumstances admit, without alleging or setting forth any debt, act of bankruptcy, trading, adjudication, or any proceedings in, or order, warrant, or document of any court acting under the Irish Bankrupt and Insolvent Act, 1857, or the Bankruptcy (Ireland) Amendment Act, 1872.

20 & 21 Vict. c. 60.
35 & 36 Vict. c. 58.
Mayors, &c. disqualified by arrangements.                                                                      35 & 36 Vict. c. 58.

3 & 4 Vict. c. 108.
20 & 21 Vict. c. 60.
20. The provisions of the Municipal Corporations (Ireland) Act, 1840, sections eighty-eight and eighty-nine, as to the disqualification of mayors, aldermen, and town councillors having been declared bankrupt, or having compounded by deed with their creditors, shall extend to every arrangement or composition by a mayor, alderman, town councillor, or town commissioner with his creditors under the Irish Bankrupt and Insolvent Act, 1857, as amended by the Bankruptcy (Ireland) Amendment Act, 1872, whether the same is made by deed or otherwise.

Justices of the peace becoming bankrupt or arranging with creditors.                                           21. If any person being assigned by Her Majesty's Commission to act as a justice of the peace is adjudged bankrupt, or makes any arrangement or composition with his creditors under the Irish Bankrupt and Insolvent Act, 1857, or the Bankruptcy (Ireland) Amendment Act, 1872, he shall be and remain incapable of acting as a justice of the peace until he has been newly assigned by Her Majesty in that behalf.

20 & 21 Vict. c. 60.
35 & 36 Vict. c. 58.
Punishments under this Act cumulative.                                                                         22. Where any person is liable under any other Act of Parliament or at common law to any punishment or penalty for any offence made punishable by this Act, such person may be proceeded against under such other Act of Parliament or at common law or under this Act, so that he be not punished twice for the same offence.

Part III.
Warrants of Attorney, Cognovits, and Orders for Judgment.
Warrants of attorney and cognovit actionem to be executed in presence of an attorney on behalf of the person.  23. After the commencement of this Act a warrant of attorney to confess judgment in any personal action or cognovit actionem given by any person shall not be of any force unless there is present some attorney of one of the superior courts on behalf of such person expressly named by him and attending at his request to inform him of the nature and effect of such warrant or cognovit before the same is executed, which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.

Warrant, &c. not formally executed invalid.                                                                    24. A warrant of attorney to confess judgment or cognovit actionem not executed in manner aforesaid shall not be rendered valid by proof that the person executing the same did in fact understand the nature and effect thereof, or was fully informed of the same.

Exemption from Act of foreign attachment.                                                                      25. Nothing in this Act contained shall affect the custom of foreign attachment as exercised by any competent court, or the proceedings in relation to such custom.

Part IV.
Abolition of Imprisonment for past Debts.
Provisions of Part I. to apply to debts contracted before passing of Act.                                      26. The provisions of Part I. of this Act shall extend and apply to every person making default in payment of a debt contracted before the passing of this Act, and to every person making default in payment of any debt or instalment of any debt due from him in pursuance of any judgment, decree, or order recovered or made in respect of a debt contracted before the passing of this Act, and to every debt contracted before the passing of this Act, and to every judgment, decree, or order recovered or made in respect of a debt contracted before the passing of this Act.

[S. 27 rep. 46 & 47 Vict. c. 39. (S.L.R.)]
[1 The 1st day of January 1873. See c. 58. s. 3.]
[1 See amendment made by 41 & 42 Vict. c. 54. s. 1.]


[Preamble.]
Where burial of person not belonging to United Church of England and Ireland takes place in burial ground of such Church, priest, &c. of other denomination may perform service.  1. Whenever any person who at the time of his or her death shall not have been a member of and in communion with the United Church of England and Ireland shall be buried, as of right, within any churchyard or graveyard the soil or freehold whereof shall be vested in any rector, vicar, or other incumbent, it shall be lawful for the priest or minister of the religious denomination to which such person shall have belonged at the time of his or her death, and he is hereby empowered, to attend such burial, and to read such prayers or perform such burial service at the grave in such churchyard or graveyard as is usual and customary at burials of persons belonging to such religious denomination; and any person wilfully obstructing such prayers or burial service shall be deemed guilty of a misdemeanor: Provided always, that such prayers shall not be read nor such burial service performed either wholly or in part during the time of the celebration of divine service or any rite or ceremony of the said United Church, or during the catechising or other instruction of children or young persons in the church or chapel to which such churchyard or graveyard belongs, nor within half an hour before the commencement or after the conclusion of any such celebration, catechising, or instruction, nor during the time at which the incumbent or minister of such church or chapel, or any other minister or other ecclesiastical person, shall be performing the burial service in such churchyard or graveyard, nor during the performance of any other burial service therein: Provided always, that nothing in this Act shall confer any right of burial where no such right already exists, or shall affect the rights or privileges of any ordinary, rector, vicar, or other incumbent.

Prohibition of interference with celebration of divine service.                                                                                2. Nothing herein contained shall authorize or justify any interference with or interruption of the celebration of divine service in the church or chapel to which such churchyard or graveyard may be attached or belong, or the obstruction of persons going thereto or returning therefrom.

Notice to be given of the time at which it is proposed that the burial shall take place.                                                                                3. Such priest or minister who may purpose to attend such burial shall, twenty-four hours before the reading of such prayers or the performance of such burial service, serve or cause to be served upon the person appointed by the rector, vicar, or other incumbent of the parish to receive such notices a notice in writing, signed with his name, stating the name and late residence of the person about to be buried, and the hour at which he purposes to read such prayers or perform such burial service; and if there be no celebration, catechising, or instruction already appointed to take place, or other burial service appointed to be performed at the time specified in the notice, of which he is to be then and there informed, he shall read such prayers or perform such service at the time for which he has given notice; but if any celebration, catechising, instruction, or other burial service shall have been already appointed, then he shall appoint some other convenient time before or after such celebration, catechising, instruction, or other burial service.

Lord Lieutenant in Council may exempt certain churchyards.                                                                                4. And whereas many parish churches have of late years been erected on a new site, having attached to them small churchyards given or purchased for the sole use of persons attending the worship of the church, and in size proportioned to the wants of the congregation, leaving the old churchyard for the general use of the parishioners: And whereas many perpetual cures and district parishes have been erected of late years, and churches built in them, with small graveyards intended solely for the use of the congregations of such churches: Be it therefore enacted, that it shall be lawful for the Lord Lieutenant in Council, on application from the incumbents of any such church, to declare the same to be exempt, and which exemption shall be published in the Dublin Gazette, and thereupon such churchyards shall be exempted from the operation of this Act.

Extent of Act.                                                                                5. This Act shall extend to Ireland only.

[1 Short title, “The Burial (Ireland) Act, 1868.” See 59 & 60 Vict. c. 14.]


Short title.                                                                                1. This Act may be cited as the Revenue Act, 1883.

Part I.
[S. 2 rep. 50 & 51 Vict. c. 28. s. 16 (10).]
Amendment of Law relating to the Customs.
Foreign spirits racked into casks, not less than nine gallons, may be exported.                                      3. Notwithstanding any existing provision to the contrary in the Customs Acts, foreign spirits racked or drawn off in a warehouse may, in casks each containing not less than nine gallons, be exported or removed for exportation only to another warehouse in the United Kingdom, and may be imported into the Channel Islands, or any of them, and may be exported from the said Islands to foreign parts only, and may be removed from any one to any other of the said Islands without any licence from the officers of Customs, and may be carried coastwise from any one part to any other part of said Islands.

Execution on judgment in superior court.                                                                             4. If in any suit, prosecution or information for the recovery of penalties under the Customs Acts in the High Court in England, the High Court in Ireland, or the Court of Session as Court of Exchequer, or the High Court of Justiciary in Scotland, judgment or decree shall be obtained against any person by default or in absence or in foro or by verdict or otherwise, and such person shall not pay the sum or sums of money for which such judgment shall have been entered up or discerned for under such decree, execution shall thereupon issue, and diligence shall proceed not only against his body but against all his real and personal estate, whether vested in himself or in any other person in trust for him, for such sum or sums of money as aforesaid, together with the costs, poundage, fees, and expenses of execution; and any person whose body shall be taken in execution as aforesaid shall be treated in the same manner in all respects as a person committed to prison by any justice for non-payment of a penalty incurred for an offence against the Customs Acts.

Vessels arriving to come quickly to place of unlading and bring to at the stations for boarding officers.            5. If any ship on arrival at any port or place in the United Kingdom or the Channel Islands shall not come as quickly up to the proper place of mooring or unlading as the nature of the port or place will admit without touching at any other place, and in proceeding to such proper place shall not bring to at the station appointed by the Commissioners of Customs for the boarding of ships, or if after arrival at such place such ship shall remove therefrom except with the knowledge of the proper officer of Customs directly to some other proper place of mooring or unlading, the person having charge of such ship, whether master or pilot, shall forfeit the sum of twenty pounds.

Penalty for neglect, 20l.
Accommodation of officers on board.                                                                                6. If the master of any ship shall neglect or refuse to provide sufficient room and accommodation under the deck for the bed or hammock of every officer of Customs stationed on board such ship he shall forfeit the sum of twenty pounds.

Penalty, 20l.
If seals upon stores inwards be broken or the stores secretly conveyed away master to forfeit 20l.                   7. If the proper officer of the Customs shall place any lock, mark, or seal upon any stores or upon any place or package in which the same may be on board any ship or vessel arriving in the United Kingdom, and such lock, mark, or seal shall be wilfully opened, altered, or broken, or if any stores so secured shall be secretly conveyed away either while the ship remains in the port at which she shall have so arrived, or at any other port in the United Kingdom to which she may proceed, or on her passage from one port to another, the master of such ship shall forfeit the sum of twenty pounds.

Amendment of 39 & 40 Vict. c. 36. s. 230.                                                                            8. For the purposes of section two hundred and thirty of the Customs Consolidation Act, 1876, a borough having a separate magisterial jurisdiction situate geographically within a county shall be deemed to be “neighbouring” or “adjoining” to that county.

Extension of word “ship” in 39 & 40 Vict. c. 38 to sea fishing boats.                                                9. For the purpose of carrying into effect the regulations under the Sea Fisheries Act, 1868, and any Act amending the same, the Commissioners of Customs may from time to time make, and when made revoke and vary, an order declaring that such of the provisions of the Customs Consolidation Act, 1876, and the Acts amending the same, as are specified in the order, shall apply, and the same shall accordingly apply to sea fishing boats in like manner as if the word “ship” in those provisions included “sea fishing boat.”

31 & 32 Vict. c. 45.
Assay and marking of imported gold and silver plate.                                                                 10. [Recital.]

(1.) All gold and silver plate imported into Great Britain or Ireland shall be entered to be warehoused, and shall be deposited in a bonded warehouse, and no such plate shall be delivered for home use until assayed, stamped, and marked according to law.
(2.) For the purpose of assay, such plate may upon such notice to the proper officer of customs . . . and subject to such regulations as the Commissioners of Customs may from time to time prescribe, be removed from the warehouse in charge of an officer of customs by the importer and at his risk, to, and be delivered into the hands of the officers of the assay office nearest to the port of importation.
(3.) Upon previous payment by the importer of the expense of assay, the officer of the assay office shall assay the plate and shall give notice of the result of such assay to the proper officer of customs, and to the importer.
(4.) If such plate shall be found upon assay to be of standard quality, it may thereupon be cleared for home use, and the officer of the assay office upon production of a certificate from the proper officer of customs that . . . all proper charges have been paid, shall stamp, mark, and deliver the plate to the importer.
(5.) If such plate shall be found upon assay not to be of standard quality, it shall not be cut, broken, or defaced at the assay office, but shall, upon such notice and under such regulations as the Commissioners of Customs shall from time to time prescribe, be removed from the assay office in charge of an officer of customs by the importer and at his risk, and be returned to the warehouse.
(6.) All plate returned to the warehouse after assay may within one month from such return be exported by the importer under such conditions and upon such security as are prescribed by the Customs Laws in relation to the exportation of warehoused goods.
(7.) After the expiration of one month from the return of any plate to the warehouse, or sooner if the importer shall desire it, any part thereof not exported shall be cut, broken, and defaced by the proper officer of customs, and shall be delivered . . . upon payment of all proper charges.
(8.) Actual deposit of plate in a warehouse under this section may, with the approval of the Commissioners of Customs, be dispensed with in cases in which the plate can be and is removed direct from the place of examination to the assay office, but plate so removed direct shall, nevertheless, for the purposes of this section be deemed to have been actually deposited.
(9.) The notice from the officer of the assay office of the result of the assay above referred to in this section shall be a notice prescribed by the Commissioners of Customs, and as regards the importer, shall be posted to an address to be stated by him on depositing his plate at the assay office.
(10.) In this section the words “proper charges” shall mean all such charges as the Commissioners of Customs, with the approval of the Treasury, shall make for attendance of officers or otherwise. . . .
(11.) Articles of plate exempted from assay in the United Kingdom are not subject to the provisions of this section.
(12.) Plate imported for private use and not for sale shall also be exempted upon proof by statutory declaration referring to this section being furnished to the satisfaction of the Commissioners of Customs that such plate is not intended for sale or exchange.
(13.) But in case any such plate shall at any time thereafter be taken to an assay office to be assayed, and shall be found upon assay not to be of standard quality, such plate shall be deemed to be plate removed from a warehouse for assay under this section, and shall be dealt with accordingly. Plate taken to be assayed under this sub-section shall be identified to the satisfaction of the proper officer of the assay office.

Construction with 39 & 40 Vict. c. 36.                                                                               11. This part of this Act shall be construed as one with the Customs Consolidation Act, 1876.

Part II.
Amendment of Law relating to the Inland Revenue.
Extension of 43 & 44 Vict. c. 19. s. 26 as to places of meeting of commissioners.                                    12. In addition to the power given to the land tax commissioners, general commissioners, and additional commissioners by subsection two of section twenty-six of the Taxes Management Act, 1880, to meet and act within such city, town, or place as therein mentioned, the said commissioners respectively may, with the consent of the Board of Inland Revenue, meet for the purpose of acting as such commissioners at any place outside the boundary of the division for which they act, and all things done by them, as commissioners acting for such division at that place, shall be as valid and effectual in law as if the same had been done at a place of meeting within the division.

Extension of 43 & 44 Vict. c. 19. s. 38 as to cases in which power may be exercised.                                 13. The power vested in the Board of Inland Revenue by section thirty-eight of the Taxes Management Act, 1880, may be exercised in any case in England where any new parish or place has been or may be formed for the purposes of poor law administration, or any amalgamation in relation to parishes or parts of parishes has been or may be effected for such purposes
In any case of amalgamation where the transfer of jurisdiction is not provided for by subsection two of the said section thirty-eight, amalgamated parishes or parts of parishes shall be within the jurisdiction of such body of general commissioners as shall be determined by the board and specified in the order in writing containing the direction of the board as to the amalgamation in conformity with subsection one of the said section.

[S. 14 rep. 51 Vict. c. 8. s. 26. S. 15 rep. 54 & 55 Vict. c. 39. s. 123.]

Part III.
Miscellaneous.
[S. 16 rep. 61 & 62 Vict. c. 22 (S.L.R.)]
Extension of 45 & 46 Vict. c. 61. ss. 76 to 82 and 24 & 25 Vict. c. 98. s. 25.                                       17. Sections seventy-six to eighty-two, both inclusive, of the Bills of Exchange Act, 1882, and section twenty-five of the Forgery Act, 1861, shall extend to any document issued by a customer of any banker, and intended to enable any person or body corporate to obtain payment from such banker of the sum mentioned in such document, and shall so extend in like manner as if the said document were a cheque.

Provided that nothing in this Act shall be deemed to render any such document a negotiable instrument.

For the purpose of this section Her Majesty's Paymaster General, and the Queen's and Lord Treasurer's Remembrancer in Scotland shall be deemed to be bankers, and the public officers drawing on them shall be deemed customers.

Annuities Redemption.
Amendment of 36 & 37 Vict. c. 57 so far as regards permanent charges on the Consolidated Fund payable to charities.  18. [Recital.]

46 Vict. c. 1.
(1.) The Treasury may in pursuance of the Consolidated Fund (Permanent Charges Redemption) Act, 1873, contract from time to time with the Charity Commissioners for the redemption of all or any of the annuities under that Act which are payable for charitable purposes in England or Wales, and the money or securities paid or transferred for such redemption may be paid or transferred to the official trustees of charitable funds in pursuance of such contract, and upon such payment or transfer the annuities to which the contract refers shall cease to be charged on and payable out of the Consolidated Fund or moneys provided by Parliament, so however that any proportionate part of any such annuity which may be due up to the time of such payment or transfer shall be paid by the Treasury to the person entitled thereto.
(2.) The Charitable Trusts Acts, 1853 to 1869, shall apply in like manner as if any money paid or securities transferred to the said official trustees in pursuance of this section for the redemption of any annuity had been paid or transferred in pursuance of an order of the Charity Commissioners under the said Acts, and were part of the endowment of the charity entitled to the annuity, and expressions in this section shall have the same meaning as in the said Acts.
(3.) The Consolidated Fund (Permanent Charges Redemption) Act, 1883, which provides for the borrowing by the Treasury from the National Debt Commissioners of the capital sum or securities necessary for carrying into effect a contract for the redemption of any annuity as defined by the Consolidated Fund (Permanent Charges Redemption) Act, 1873, shall apply for the purposes of this section.

Part IV.
Repeal.
Repeal of Enactments.                                                                                19. [Repeal of parts of 39 & 40 Vict. c. 36 with savings.]

4. Notwithstanding such repeal, [1] the proprietors or occupiers of warehouses approved by the Commissioners of Customs for the warehousing of goods, or given by any other persons on behalf of such proprietors or occupiers for securing the payment of the duties chargeable on warehoused goods, or for the due exportation thereof, shall remain in full force and effect against such proprietors, occupiers, and other persons and their sureties, if any; and in case proceedings shall be taken upon any such bond, the said repeal shall not be used as a defence to such proceedings, but all such bonds shall be read as if there were no condition therein contained with regard to the clearing, exporting, or rewarehousing of goods within five years.

[Sched. rep. 61 & 62 Vict. c. 22 (S.L.R.)]
[1 Sic: read “bonds given by.”]


In what Cases only where Lands are held under Lease made before 1st June, 1826, with Covenant against subletting, any future Act of the Landlord shall be deemed a Waiver of such Covenant.

‘Whereas it is expedient to ensure the Fulfilment of the Covenants and Conditions in existing Leases of Lands and Tenements in Ireland, for preventing the Assignment or Subletting of the Lands and Tenements demised thereby, and to make more effectual Provisions to restrain such Assignment or Subletting in future;’ Be it therefore enacted by the King’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 where Lands or Tenements in Ireland are or shall be holden under any Lease, Instrument or Agreement in Writing, in force at the Time of the passing of this Act, or which shall be made or entered into at any Time on or before the First Day of June One thousand eight hundred and twenty six, which Lease, Agreement or Instrument shall contain any Condition or Covenant prohibiting, controlling or regulating the Assignment or Subletting of the Lands or Tenements demised or agreed to be demised thereby, or of any Part thereof, no Act, Matter or Thing whatever to be done or acquiesced in by the Lessor or Person contracting to lease by such Deed or Instrument, or by his or their Heirs, Executors, Administrators or Assigns, shall be deemed, taken or construed, in any Court of Law or Equity, to be or to amount to a Waiver of the Benefit of any such Condition or Covenant; and that in any Action or Actions for the Breach of any Condition or Covenant, committed at any Time after the said First Day of June One thousand eight hundred and twenty six, such Lessor or contracting Party, and his and their Heirs, Executors, Administrators and Assigns, shall be entitled to recover the Possession of such Lands or Tenements by virtue of any such Condition, or any Penalty for the Breach of any such Covenant, according to the Provisions of any such Condition or Covenant respectively, unless it shall be expressly proved that such Assignment or Subletting was made with the Consent of such Lessor or contracting Party, his or their Heirs, Executors, Administrators or Assigns, testified, where such Assignment or Subletting shall be by Deed or written Instrument, by his or their being a Party to and signing and sealing such Deed or written Instrument, or where such Assignment or Subletting shall not be by Deed or written Instrument, testified by his or their Consent in Writing, or unless the Benefit of such Condition or Covenant shall have been expressly waived by some Writing signed by the Party entitled to the Benefit thereof.

No Remedy for Lessee subletting without Consent for Rent or Occupation.                                                                                II. And be it further enacted, That in all Cases the Person assigning or subletting contrary to this Act, without such Consent, signified as hereinbefore directed, shall not have or be entitled to any Remedy by Distress or otherwise for Recovery of any Rent or Sum reserved in and by any Deed, written Instrument or other Agreement, by which such subletting or assigning shall be made, or for the Occupation of any of the Lands or Tenements so assigned or subletten; any Thing in any such Deed, Instrument or Agreement, or any Law, Statute or Usage to the contrary in anywise notwithstanding.

In what Cases only where Lands held by Lease made after 1st June 1826 Lessees may assign or sublet without express Consent of the Lessor in Writing, or by Indorsement on the Deed, &c.  III. And be it further enacted, That where Lands or Tenements in Ireland shall be held by virtue of any Lease or Agreement for a Lease, which shall be executed or entered into at any Time after the First Day of June One thousand eight hundred and twenty six, not containing a Clause expressly authorizing and empowering the Lessee or Tenant to assign or sublet, (other than a Lease for a Term of Ninety nine Years or upwards, or a Lease for Lives or Years with a Covenant for perpetual Renewal, or a Lease held immediately under any Persons or Bodies Corporate or Ecclesiastical, or held under any Person or Persons deriving from the immediate Lessee of such Persons or Bodies Corporate or Ecclesiastical, with a toties quoties Covenant for Renewal,) it shall not be lawful for such Lessee or Tenant, his or their Heirs, Executors, Administrators or Assigns, to assign or sublet, either by written Instrument or otherwise, any such Lands or Tenements, or any Part thereof, without the express Consent of the Lessor or contracting Party in such Lease or Contract, his or their Heirs, Executors, Administrators or Assigns, testified, where such Assignment or Subletting shall be by Deed or written Instrument, by his or their being Party to and signing and sealing such Deed or written Instrument, or by his or their written Indorsement on such Deed or Instrument, ratifying or confirming the same, or where such Assignment or Subletting shall not be by Deed or written Instrument, testified by his or their Consent in Writing; and every such Assignment or Subletting, and every Lease, Deed or Instrument, or other Agreement or Proceeding, whereby such Assignment or Subletting shall be made without such Consent as aforesaid, and testified as aforesaid, shall be and be deemed wholly void and invalid to all Intents and Purposes whatsoever; any Law, Statute or Usage to the contrary in anywise notwithstanding, unless such Consent shall be indorsed or executed in Writing as aforesaid; and that in any Proceeding in Law or Equity relating to such Assignment or Subletting, the Party so assigning or subletting, or the Party to whom such assigning or subletting shall be made or attempted to be made, shall not be entitled to avail himself of any constructive or parol Waiver of the Benefit of this Act, by or on behalf of any such Lessor or contracting party.

No constructive Waiver of Benefit of this Act shall be allowed.                                                                                IV. Provided always, and be it enacted, That where any actual Waiver of the Benefit of any Condition or Covenant in any Lease as aforesaid, or of the Benefit of this Act, on the Part of any Lessor or Person contracting to lease, or his or their Heirs, Executors, Administrators or Assigns, shall be proved to have taken place in any One particular Instance, such actual Waiver shall not be assumed or deemed or construed to extend to any Instance or to any Breach or Breaches of Covenant or Condition, other than that to which such Waiver shall specially relate, nor to be a general Waiver of the Benefit of any such Covenant or Condition, or of the Benefit of this Act.

Particular special Waiver not to extend to other Cases, nor deemed a general Waiver.

Persons holding Lands under an Assignment with Consent of Lessor, and paying Rent to the Party subletting, acquitted the Lessor so consenting, and any Person deriving Title under him.  V. And be it further enacted, That in all Cases where any Person or his Heirs, Executors or Administrators, who is or shall be seised or possessed of any Lands or Tenements in Ireland, under any Assignment or Subletting made with the Consent of the Lessor or Person contracting with the Person so assigning or subletting, or his or their Heirs, Executors, Administrators or Assigns, according to the Provisions hereinbefore contained, shall, at any Time after the First Day of June One thousand eight hundred and twenty six, duly pay and satisfy the Rent due from such Person or Persons, his or their Heirs, Executors or Administrators, to the Person or Persons, or his or their Heirs, Executors, Administrators or Assigns, who shall have so assigned or sublet such Lands or Tenements with such Consent as aforesaid, the Receipt of such Person so assigning or subletting, or of his Heirs, Executors, Administrators or Assigns, shall be a full and sufficient Discharge to such Person or Persons who shall have paid such Rent, and to his and their Heirs, Executors or Administrators, as well against the Person or Persons so assigning or subletting, as also against the Lessor or Person contracting with the Person so assigning or subletting, and who shall have given his or their Consent to such Assignment or subletting, signified as hereinbefore provided; and the Person or Persons so having paid such Rent, or his or their Heirs, Executors or Administrators, or his or their Goods, Chattels or Effects, Lands or Tenements, shall not be subject or liable to the Payment of or to any Distress or other Remedy for any Rent due to such consenting Party or Person, or to any Person deriving under him by virtue of any Title subsequent to the giving of any such Consent as aforesaid; any Law, Usage or Custom to the contrary in anywise notwithstanding.

On Failure of Payment of Rent by Party assigning with Consent, Landlord may give Notice to Subtenants to pay their Rents to him.                                                         VI. Provided always, and be it enacted, that in any Case in which any Lessee, having received such Consent as by this Act is required to the Assignment or Subletting of any Lands or Tenements, or the Heirs, Executors or Administrators of any such Lessee, shall not duly pay the Rent reserved in and by the Lease under which such Lands or Tenements shall be held by such Lessee, to the Party entitled to receive the same, it shall be lawful for the Party entitled to such Rent, at any Time when there shall be due to him Two or more full Gales or Portions of the Rent reserved in such Lease, to give Notice in Writing, in the Form contained in the Schedule annexed to this Act, to all and every Persons or Person who shall be then in Occupation of the Lands and Tenements which shall have been assigned or sublet with such Consent as aforesaid, requiring each and every such Person to pay to the Party giving such Notice the Rent reserved upon the Holding or Holdings of any and every such Person respectively.

After such Notice, Subtenants shall pay to Superior Landlord.                                                                                VII. And be it further enacted, That from and after the Delivery of such Notice to any Person in Occupation of such Lands or Tenements as aforesaid (by being left at the House or usual Place of Abode of any such Person, either with such Person or with some One of the Family of such Person above the Age of Sixteen Years,) every such Person shall pay to the Landlord signing such Notice, or to his Heirs, Executors, Administrators or Assigns, all and every Sums and Sum whatever due or to grow due for Rent from such Person to the Lessee so having assigned or subletten, with such Consent as aforesaid, or to his Heirs, Executors or Administrators; and from and after such Notice as aforesaid, and until the Satisfaction of all the Sums due to the Person giving such Notice, on account of all Rent due from such Lessee having so assigned or subletten as aforesaid, the Receipt of the Person giving such Notice, or his Heirs, Executors, Administrators or Assigns, shall be a full and sufficient Discharge to the Person or Persons in the Occupation of such Lands or Tenements who shall have paid such Rent, and to his and their Heirs, Executors or Administrators, against the Person having so assigned or subletten, or his Heirs, Executors or Administrators; and the Person or Persons so having paid such Rent, or his or their Heirs, Executors or Administrators, or his or their Goods, Chattels or Effects, Lands or Tenements, shall not be subject or liable to the Payment of any Rent, or to any Distress or other Remedy for the same, to any Person under whom such Person or Persons may hold by reason of any such assigning or subletting as aforesaid.

His Receipt shall be their Discharge.
Landlord giving Notice shall have Power to recover Rents.                                                                                VIII. And be it further enacted, That from and after the Delivery of such Notice as aforesaid, and until the Satisfaction of all Rent and Arrears of Rent due to the Party giving such Notice, or his Heirs, Executors, Administrators or Assigns, he and they shall have and enjoy all such Rights, Powers and Authorities for the recovering and enforcing the Payment of any Rent due and payable by any Person or Persons occupying the Lands so assigned or sublet as aforesaid, as could or might have been enjoyed, or as could or might have been legally exercised or enforced against any such Person or Persons respectively by the Party so assigning or subletting as aforesaid; any Thing in this Act, or any Law, Usage or Custom to the contrary notwithstanding.

Lessees of Lands held under Lease not authorizing the subletting (except Leases for 99 Years, &c.) shall not devise to more than One Person.                                             IX. And be it further enacted, That from and after the First Day of June One thousand eight hundred and twenty six, it shall not be lawful to or for any Person or Persons, his or their Heirs, Executors, Administrators or Assigns, who shall hold any Lands or Tenements under any Lease or Agreement made before the said First Day of June One thousand eight hundred and twenty six, containing any Condition or Covenant against subletting or assigning of the same, nor for any Person or Persons, his or their Heirs, Executors, Administrators or Assigns, who shall hold any Lands or Tenements under any Lease or Agreement which shall be made or entered into any Time subsequent to the said First Day of June One thousand eight hundred and twenty six, not containing a Clause expressly authorizing and empowering the Lessee or Tenant to assign or sublet, (other than a Lease for a Term of Ninety nine Years or upwards, or a Lease for Lives or Years with a Covenant for perpetual Renewal, or a Lease held immediately under any Person or Bodies Corporate or Ecclesiastical, or held under any Person or Persons deriving from the immediate Lessee of such Persons or Bodies Corporate or Ecclesiastical, with a toties quoties Covenant for Renewal,) to devise such Lands or Tenements, or any Part thereof, by his or their last Will and Testament, so as to portion or divide such Lands or Tenements to or among several Persons: Provided always, that nothing in this Act contained shall extend or be construed to extend to prevent the Inheritance or Distribution of any Lands or Tenements to or among any Person or Persons who would be entitled thereto according to Law, upon the Decease of any Person or Persons dying intestate.

Proviso for Descent and Distribution on Intestacy.
SCHEDULE to which this Act refers.
FORM of Notice from a Superior Landlord to the Sub Tenant of such Landlord’s immediate Lessee.

A. B.
TAKE Notice, That I the undersigned C. D. Superior Landlord of the Lands and Tenements underletten to you by E. F. my Hand, do hereby require you to pay to me the said C. D. or to my Heirs, Executors, Administrators or Assigns, all Rent and Arrears of Rent payable by you for the said Lands and Tenements, until all Sums due from the said E. F. for his Rent of the said Lands and Tenements shall be fully paid and satisfied to me, or my Heirs, Executors, Administrators or Assigns. Witness my Hand, this Day of C. D. To A. B. of


[Preamble recites 44 & 45 Vict. c. 49.]
Short title.                                                                                1. This Act may be cited for all purposes as the Labourers’ Cottages and Allotments (Ireland) Act, 1882.

Interpretation of terms.                                                                                2. In this Act the expression “the principal Act” means the Land Law (Ireland) Act, 1881, and the several words and expressions to which meanings are assigned by that Act shall have the same respective meanings in this Act unless there be something in the context repugnant thereto.

44 & 45 Vict. c. 49.
Power to Land Commission where agreement and declaration as to fair rent of holding is filed, to make an order as to the accommodation of the labourers employed on the holding.  3. Where under section eight of the principal Act the landlord and tenant of any holding have agreed and declared, or shall agree and declare, by writing under their hands, what is the fair rent of the holding, and such agreement and declaration has been or shall be field in court, the Land Commission may at any time within six months from the passing of this Act, or within twelve months from the date of the filing of such declaration and agreement, whichever shall last happen, order the tenant of such holding for the accommodation of the labourers employed thereon to improve any existing cottage or cottages, or build any new cottage or cottages, or assign to any such cottage an allotment not exceeding half an acre, and may by such order fix the terms as to rent and otherwise on which such accommodation is to be provided, and any such order may be made on the application of the landlord, or of the tenant of the holding, or of any labourer bonâ fide employed and required for the cultivation thereof.

Penalty for non-compliance with order.                                                                                4. Where an order shall be made under this Act, or has been made or is made under section nineteen of the principal Act, for providing accommodation for the labourers employed on any holding, and such order has not been complied with within six months from the date of such order, or six months from the passing of this Act, whichever shall last happen, the person failing to comply with such order shall be liable thenceforth to a penalty of one pound for every week during which such order is not complied with, and such penalty shall be recoverable in a summary manner before two or more justices in petty sessions in manner provided by the Petty Sessions (Ireland) Act, 1851, upon the complaint of any labourer employed on the holding, and in whose favour such order has been or shall have been made, and the justices shall award such penalty to the guardians of the poor of the union within which the holding is situate to be applied in aid of the poor rate of such union.

14 & 15 Vict. c. 93.
Power to Land Commission to relieve from penalties.                                                                                5. Any person who has incurred any penalty under the provisions of this Act may apply to the Land Commission for relief from the same, and the Land Commission may relieve him from the whole or part of such penalty on such terms as to compliance with the order and as to costs or otherwise as the Land Commission thinks fit, and such relief may be granted notwithstanding that an order has been made at petty session for the payment of the penalty.

Construction of Act.                                                                                6. This Act and the principal Act shall be read together and construed as one Act.


Short title. 21 & 22 Vict. c. 100.                                          1. This Act may be cited for all purposes as the Petty Sessions Clerks and Fines (Ireland) Act, 1878; and the Petty Sessions Clerk (Ireland) Act, 1858, in this Act referred to as “the principal Act,” and this Act may be cited together for all purposes as the Petty Sessions Clerks (Ireland) Acts, 1858 and 1878.

Petty Sessions Clerks.
Scale of salaries.                                                          2. it shall be lawful for the Lord Lieutenant to fix, and from time to time to vary, a scale of salaries to be paid to the several petty sessions clerks.

Suspension from office.                                                     3. In case any charge of neglect incompetence or misconduct is made against any petty sessions clerk in Ireland, it shall be lawful for the Lord Lieutenant, if he shall think fit, to make an order suspending such petty sessions clerk from his office; or for the justices of any district, if they shall think fit, for which such petty sessions clerk acts to make an order in petty sessions suspending such clerk from his office in such district. Every such order shall continue in force until such charge shall be disposed of. Whenever any such clerk has been so suspended from his office the justices at petty sessions may appoint some other person to act as clerk at such petty sessions for the time being. When the justices at petty sessions appoint any person to act as clerk for the time being under the authority of the eighth section of the principal Act, or under the authority of this section, the person so appointed shall, if required by the justices or by the registrar, before entering upon his duties as such clerk, enter into security for the due discharge of his duties in the manner prescribed by the eleventh section of the principal Act.

Time of payment of salaries.                                                4. it shall be lawful for the Lord Lieutenant to order that every salary or annual sum payable to any clerk of petty sessions shall be paid at such times and in such manner as the Lord Lieutenant shall think fit.

Mode of accounting.                                                         5. Every petty sessions clerk shall account with the registrar for all stamps issued to him by the registrar since his appointment or since the period to which his last previous account may have been carried down, and such account shall be made and passed in such form and at such times and in such manner as the Lord Lieutenant shall for that purpose direct; and all moneys received by the clerk for such stamps shall be lodged by him in the Bank of Ireland to the credit of the registrar of petty sessions clerks account at such times and in such manner as shall be from time to time prescribed by the registrar; and in case any such clerk fails to render such account, or to make such lodgments, or to make such other returns as he shall be directed by the registrar to render, and is convicted thereof before any two justices in petty sessions, he shall be liable to a penalty not exceeding twenty pounds; and a certificate by the registrar of such failure shall be primâ facie evidence of the same in any proceeding before such justices.

Extension of power to make rules for clerks.                                6. The power of making general rules conferred upon the Lord Lieutenant by the twenty-ninth section of the principal Act shall be construed and extended so as to authorise the making from time to time of regulations defining the duties of clerks of petty sessions, and the mode of performing the same; and the Lord Lieutenant may, if he shall think fit, provide for the making of allowances and granting remuneration to petty sessions clerks for any duties imposed on them by any such rules, to be paid out of the funds at the disposal of the Lord Lieutenant for the purposes of the principal Act; and the Lord Lieutenant may, if he shall think fit, by general rules, or by order in each case, direct how the salary of any petty sessions clerk suspended from his office shall be disposed of; and may, if he shall think fit, provide for the payment of remuneration to any person appointed as a substitute for such suspended clerk, either out of the salary of such suspended clerk, or out of the funds at the disposal of the Lord Lieutenant for the purposes of the principal Act.

All fees payable to clerks to be taken by stamps.                           7. All fees and emoluments whatsoever in addition to those specified in the Schedule C. to the principal Act, which may at any time be receivable by clerks of petty sessions, under any existing or future Act, shall be denoted by stamps of the character and description mentioned in the principal Act, and shall be dealt with and accounted for as therein and herein is provided with respect to the fees therein mentioned; and all the provisions of the principal Acts relating to stamps shall be applicable thereto.

Fines and Stamps.
Process to levy fines on jurors to be issued to constabulary.               8. No warrant or process shall be issued to any sheriff to levy the amount of any fine imposed upon any person for non-attendance of a juror, or any issues directed to be levied; but in every such case the warrant or process for levying the same shall be issued to the Royal Irish Constabulary or Dublin Metropolitan Police, as the case may be, and shall be subject to the several provisions of the Fines Act (Ireland), 1851, so far as the same are applicable to other warrants issued to the constabulary or Dublin Metropolitan Police.

14 & 15 Vict. c. 90.
It shall be lawful for the Lord Lieutenant to charge the fund produced by fines on jurors with the payment to the Royal Irish Constabulary, and to the Dublin Metropolitan Police, and to such officers of the several courts by which such fines are imposed, of such remuneration for their services in respect to the imposition, and levy of such fines, as the Lord Lieutenant shall from time to time appoint.

Masters may impose fines on jurors.                                         9. If any man, having been duly summoned and returned to serve as a juror upon any inquest or inquiry before the master of any division of the High Court of Justice, shall not, after being openly called three times, appear, and service of such summons be duly proved, such master shall have the same authority to impose a fine upon every man so making default as is by the forty-eighth section of the Juries Act (Ireland), 1871, given to a sheriff or coroner; and all the provisions of the said section regarding a fine imposed by a sheriff or coroner shall apply to a fine so imposed by such master.

34 & 35 Vict. c. 65.
Fees on service of summons.                                                 10. [Repeal of so much of 14 & 15 Vict. c. 93. s. 12. as limits the amount to be paid to a process server for the service of each summons to sixpence.] Any such summons server shall be entitled to be paid by the complainant or person for whom he may be employed, such sum not exceeding the sum specified for each such service upon each party or witness (or upon any distance necessarily travelled by such summons server in effecting each such service upon each party or witness (or upon any number of parties or witnesses in the same case who shall be served in the same house) as the justices shall fix.

Miscellaneous.
Form of Order Book.                                                         11. The Lord Lieutenant may from time to time, by Order made by and with the advice and consent of the Privy Council, alter the form of Order Book to be used by justices in petty sessions.

Offices of clerk of the Crown and clerk of the peace. 40 & 41 Vict. c. 56.  12. The several powers conferred by the eighth section of the County Officers and Courts (Ireland) Act, 1877, shall extend to, and may be exercised in every case in which any one or more of the offices included or which might be included in any union of offices for the holder whereof but one salary is specified m Schedule D. to the said Act shall become or be vacant, and in each case in which but one salary is in the said schedule specified for the clerk of the Crown and peace for more than one county, the Lord Lieutenant by Order in Council may unite the offices of clerk of the Crown and of clerk of the peace, and may assign a reasonable salary for the clerk of the Crown and peace, for each such county, and may vary any one or more of the salaries specified in the said schedule and such salaries shall be paid in the same manner as, but in lieu of, the salary or salaries specified in the said schedule and affected by such Order: Provided, that by the exercise of the powers aforesaid the salary of any officer shall not be diminished during his tenure of office, nor shall the total amount of all the salaries made payable at any time be increased beyond the total amount in the said schedule mentioned. The several powers aforesaid shall extend and may be applied to each riding of the county of Cork as a separate county, and either riding may for the purposes of the said Act, and of this section, be united with the county of the city of Cork. The duties under the said Act and under this Act of every officer appointed to any office included or which might be included in any union of offices made or which might be made under any of the powers aforesaid may be defined, distributed, prescribed, and regulated by Order of the Lord Lieutenant made by and with the advice and consent of the Privy Council.

Superannuation.
Superannuation.                                                             22 Vict. c. 26.

13. The Lord Lieutenant may, if he shall think fit, grant to the registrar or to any clerk or servant employed in the office of the registrar, upon his retirement from office, a pension, to be payable out of the same funds, and chargeable thereon in the same proportions respectively, upon which the salaries or other remuneration of the registrar and clerks and servants are chargeable; and in ascertaining and awarding the amount of such superannuation, the Lord Lieutenant shall proceed according to the principles laid down by the superannuation Act, 1859.

SCHEDULE. Sect. 10.
Fees payable to Summons Servers.
s.  d.
Where distance travelled shall not exceed four miles - - -  0   6
Where distance travelled shall exceed four miles - - -      1   0
The distance to be reckoned in each case to the place of service, from the Petty Sessions Court of the district; and the return journey is not to be taken into account.