[Preamble recites 48 Geo. 3. c. 140.]
[S. 1 (giving power to reduce divisions of police district of Dublin Metropolis from six to four,) s. 2 (giving power to reduce divisional justices to twelve), and ss. 3, 4 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

On reduction of the police divisions to four, and justices to twelve, the provisions of 48 Geo. 3. c. 140. shall continue in force with respect to such divisions and justices.                                                                                5. From and after the time when the divisions of the said police district of Dublin metropolis shall be reduced from six to four, and the divisional justices shall be reduced from eighteen to twelve, in execution of the powers herein-before for that purpose given, all and singular enactments, provisions, clauses, articles, matters, and things contained in the said recited Act made in the forty-eighth year of his said late Majesty's reign shall be and continue to be in full force, operation, and effect, to all intents and purposes whatever, as if the said recited Act had originally directed the distribution of the said district into four divisions, instead of six, and the establishment of four public offices one thereof in each of the said four divisions instead of six public offices, and had likewise originally directed the appointment and election, in manner provided by the said recited Act, of twelve divisional justices within the said district, instead of eighteen divisional justices.

[S. 6 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
All fines, penalties, &c. recoverable in a summary way, and all trials for offences (not otherwise directed) shall be recovered at one of the police offices and had before one divisional justice.                                                                                7. In all cases where any fines, penalties, or forfeitures are by any law in force or shall hereafter be limited and made payable to his Majesty, or to any description of person other than the informer or informers who shall sue for the same, or the party aggrieved, and which shall be recoverable in a summary way before a justice or justices of the peace, the same shall and may, within the police district of Dublin metropolis, be sued for and recovered at some one of the police offices within such district, before any one of the divisional justices at such office, and not before any justice or justices of the peace out of the said offices; and all trials and convictions for any offence against the said recited Act or this Act, in all cases not therein or herein otherwise particularly directed, and which offence shall be committed within the police district of Dublin metropolis, may be had and made respectively in the offices of the divisions in which any such offence shall respectively be committed, before any one of the said divisional justices in such divisions respectively; and the proceedings in such respective cases, by and before such one divisional justice, shall be as effectual to all intents and purposes, and shall have the same consequence and results as to fines, penalties, or forfeitures, or shares of fines, penalties, or forfeitures, and the approbation thereof, and the accounting for and paying the same into the hands of the receiver of the public offices, and in every other respect whatever, as if had before two divisional justices in manner directed by the said recited Act, or as if the jurisdiction herein given with respect to such cases to one divisional justice had been expressly so given in and by and had constituted part of the said recited Act; anything in the said recited Act to the contrary thereof in anywise notwithstanding.

Powers and jurisdiction of the justices of the Castle division shall extend to the whole police district.                                                                                8. [Recital.] All the powers, jurisdictions, and authorities, of every nature and kind whatsoever, vested in or granted to the divisional justices of police by virtue of the said recited Act of the forty-eighth year of his said late Majesty's reign, or by virtue of this present Act, or of any other Act or Acts, or otherwise in any manner whatsoever, and which are or may be exercised by the divisional justices of the division in which his Majesty's castle of Dublin shall be situate, touching and in respect to offences, breaches of the law, disputes, matters, or things committed, arising, or taking place, or alleged to have been committed, or to have arisen or taken place within the limits of the said Castle division, shall and may be exercised by the said divisional justices of the said Castle division or any of them, over, upon, and in respect to such offences, breaches of the law, disputes, matters, and things, in whatever part of the police district of Dublin metropolis such offences, matters, or things shall have been committed, or shall have arisen or taken place or shall be alleged to have been committed, arisen, or taken place, although such part of the said police district shall not be locally situate within the limits of the said Castle division, and to all intents and purposes in every respect, as if such offences, matters, or things had been committed, or had arisen or taken place, or were alleged to have been committed, arisen, or taken place, within the local limits of the said Castle division; anything in the said recited Act or in this Act, or in any other Act to the contrary thereof in anywise notwithstanding.

Each of the justices of the Castle division shall be a justice of the peace for the counties of Dublin, Wick-low, Kildare, and Meath.                                                                                9. [Recital.] Each and every of the divisional justices for the time being of the division of the said police district in which his Majesty's castle of Dublin shall be situate shall be to all intents and purposes, and shall be deemed and taken to be, and is hereby declared to be, a justice of the peace within and for the counties of Dublin, Wicklow, Kildare, and Meath.

Constables and peace officers of the police district may execute warrants granted by the justices of the Castle division in the said four counties.                                                                                10. All constables and peace officers of, for, and within the police district of Dublin metropolis, appointed and acting as such under the authority of the said recited Act of the forty-eighth year of his late Majesty's reign, or of this Act, shall for the time being have full authority and power to execute, in the counties of Dublin, Wicklow, Kildare, and Meath, any warrant or warrants which may be made and granted by the divisional justices of the said Castle division, or any of them, under the authority and power vested in them by this present Act, with respect to the said counties of Dublin, Wicklow, Kildare, and Meath, to all intents and purposes as if such warrant or warrants were executed or to be executed within the limits of the police district of Dublin metropolis; and any and every person obstructing or hindering such constables or peace officers in the execution of any such warrant or warrants, in any of the said counties of Dublin, Wicklow, Kildare, or Meath, shall be and are hereby declared to be liable to the same pains and penalties for such obstruction and hindrance as if such offence had been committed within the said police district of Dublin metropolis.

Informations taken by the justices of the Castle division, as justices of the four counties, shall be returned to the clerk of the crown, &c. of the county where the offence is alleged to have been committed.                                                                                11. In every case where any divisional justices or justice of the Castle division of the police district of Dublin metropolis shall take any information or informations, under the authority by this Act given to them, as justices of the peace in or for the said counties of Dublin, Wicklow, Kildare, and Meath, such divisional justices or justice shall in due time before the assizes then next ensuing, or before the then next sitting of the court of quarter sessions, as the case may be or require, return all and every such informations or information to the clerk of the crown or clerk of the peace, or other proper officer, for the particular county where the offence stated in any such information shall be alleged to have been committed; and such clerk of the crown or clerk of the peace, or other proper officer, shall thereupon give a receipt in writing, under his hand, for such information or informations: Provided always, that no justice or justices of the said Castle division shall in any instance be compellable to act as a justice or justices of the peace for the said counties of Dublin, Wicklow, Kildare, and Meath, or any of them, at any place out of the public office of the said Castle division, nor to act as such justice or justices for the said counties, or any of them, upon any information or informations tendered or offered to be sworn, where the offence charged shall not amount to treason or to felony.

Justices of the Castle division not compellable to act as justices of the four counties out of their office in the Castle division, nor in offences not being treason or felony.

[S. 12 rep. 36 & 37 Vict. c. 91. (S.L.R)]
Constables may break open dwelling houses, &c. to search for traitors, felons, &c., on the warrant of one divisional justice.                                                                                13. [Recital.] It shall and may be lawful for any and every constable appointed or to be appointed under the said recited Act, or who may be appointed under this Act, being duly authorized thereto by the warrant of any one divisional justice of the said police district of Dublin metropolis, and which warrant any one such divisional justice, whether he be an alderman or not, on information on oath to him given, is hereby authorized to grant, to break open any dwelling house, outhouse, shop, warehouse, cellar, or other place named in such warrant, as shall not be opened on demand after due notice of such warrant, in order to search for any traitor, or felon, or for any accessory to any traitor or felon, or for any receiver of stolen goods, or to search for any goods, chattels, or other things, stolen or feloniously taken or carried away; and any and every warrant so to be granted by any such one divisional justice shall to all intents and purposes be as valid and effectual in the law as any warrant in any such case by two divisional justices, one thereof being an alderman, have[1] been or could have been under the said recited Act; and the divisional justice who shall grant, and the constable or constables who shall execute, any such warrant so herein and hereby authorized, shall respectively have the same privileges, benefits, advantages, and defences, by virtue or on the foot of any such warrant, and upon any proceedings whatever brought, had, or instituted against them, or any of them, on account of the issuing or execution of any such warrant, and in every other respect whatever, as the divisional justices or constables respectively have heretofore respectively had or could have had under the said recited Act, in cases where, conformably with the provisions thereof in that behalf, such warrants should or might have been granted by two divisional justices, one thereof being an alderman.

In cases of tumult, &c. three divisional justices, of whom one or more shall be justices of the Castle division, may appoint and swear in special constables to act without emolument.                                                                                14. [Recital.] It shall and may be lawful to and for any three divisional justices of the said police district, of whom one or more of the divisional justices of the said Castle division shall constitute part, in all cases of actual tumult, riot, or felony, in any part of the said police district of Dublin metropolis, or upon reasonable apprehension thereof, grounded upon information on oath, and if the exigency of the occasion shall in the judgment of such divisional justices so require, and such justices are hereby authorized and empowered, to appoint any number of persons to be special constables, to act as constables within the said district for a certain time to be limited by such justices, without fee or reward, and to administer to such persons so appointed the usual oath administered to constables appointed under the said recited Act of the forty-eighth year of his late Majesty's reign; and such special constables when so appointed and sworn in shall, during the time so to be limited by such justices, have all the same powers, authorities, privileges, protections, and advantages, and shall be subject to all the same rules, orders, commands, and regulations, as constables duly appointed under the said recited Act: Provided always, that no such special constable shall be so appointed or sworn in, unless he shall consent to act as constable without any emolument, fee, or reward whatsoever: Provided also, that it shall and may be lawful to and for the divisional justices who shall have appointed such special constables, or the majority of such justices, before the expiration of the term during which such constables shall have been authorized to act, to annul the appointments made of such constables, either in the whole or in part, or to remove such constables or any of them from the office and authority of constables; and thereupon, and after notice given in that behalf, all the authorities, powers, and privileges of any such special constable so removed shall cease and determine to all intents and purposes whatsoever, and as if no such appointment had ever been made.

Justices may annul the appointment of such special constables, &c.

[S. 15 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
Divisional justices, constables, &c. may enter into any dwelling house kept by a victualler, &c. and apprehend journeymen, apprentices, &c. tippling or gaming therein at prohibited hours, or after twelve o’clock at night, not being lodgers or inmates; and such persons, on conviction before a divisional justice, shall forfeit not exceeding 20s. nor less than 5s., or be committed.  16. It shall and may be lawful for the divisional justices of the police district of Dublin metropolis, or any one of them, or for any chief constable, or for any constable authorized for the purpose by any one divisional justice within the division for which such justice shall be then acting, or by any one divisional justice of the Castle division, to enter into any dwelling house or place kept by any victualler or other person selling or having a licence or licences to sell beer or ale or spirituous liquors within the said police district of Dublin metropolis, and to apprehend and take into custody any and every journeyman, apprentice, servant, artificer, labourer, sailor, seafaring man or soldier, or any person of the female sex, who shall be found in such dwelling house or place, and who shall appear to be or to have recently been drinking, tippling, or gaming therein, at any hour or time which is or shall be prohibited by law, or after the hour of twelve o’clock at night, not being a lodger or inmate of such house or place, and to carry and convey, or cause to be carried and conveyed, every and any such person so apprehended to the public office of the division in which such dwelling house or place shall be situate; and every such person being duly convicted in a summary way of such offence, before any one or more of the divisional justices of such division, or of the Castle division, shall thereupon, for every such offence, forfeit any sum not exceeding twenty shillings nor less than five shillings, as such divisional justice or justices shall think fit; and if any offender so convicted shall not forthwith pay the sum so forfeited, such offender shall be committed to the house of correction for any time not exceeding one calendar month, at the discretion of such justice or justices: Provided always, that upon every such proceeding any and every person apprehended and charged before such justice or justices as a servant, artificer, labourer, sailor, seafaring man, or soldier, shall be deemed and taken to be such respectively, unless satisfactory evidence to the contrary thereof be given on his behalf before such divisional justice or justices; and that in all such cases the proof that the person so apprehended and charged was a lodger or inmate in such house or place where such person shall have been apprehended shall lie upon such person respectively, and in the absence of such proof such person shall be presumed not to have been such lodger or inmate: Provided also, that if any offender convicted in manner aforesaid shall be a soldier on full pay, and attached to any regiment in his Majesty's service within the said police district, a communication shall be forthwith made thereof by the justice or justices before whom such conviction shall have taken place to the commanding officer of such regiment; and the offender so convicted shall be detained until delivered over to such commanding officer, or his order, to be amenable to military discipline.

Proviso as to soldiers on full pay.
Penalty on victuallers, &c. opposing the entry of any divisional justice or constable, not exceeding 10l.;                                                                                17. If any victualler or other person selling or licensed to sell beer, ale, or spirituous liquors, or any person or persons aiding or assisting such victualler or person selling or licensed to sell as aforesaid, shall prevent or endeavour to prevent, by threats or violence, any such divisional justice or justices, or any chief constable or other constable or constables as aforesaid, from entering any such dwelling house or place, and searching for such person or persons as aforesaid, or shall assault or otherwise resist any such divisional justice or justices, or any such chief or other constable or constables as aforesaid, every such person so offending shall, upon conviction of any such offence before any one divisional justice of the district in which such dwelling house shall be situate, or before any one justice of the Castle division, forfeit and pay any sum not exceeding ten pounds; the same, in default of payment on demand, to be levied by distress and sale of the offender's goods, and when levied to be paid over to the receiver of the public offices of the said police district; and in default of a sufficient distress for such purpose, then it shall and may be lawful for such divisional justice to commit such offender to the house of correction for any space of time not exceeding one calendar month, or until such penalty shall be sooner paid.

to be levied by distress, &c.
Penalty on victuallers, &c. refusing to admit any justice or constable, not exceeding 5l.;                                                                                18. If any victualler or other person selling or licensed to sell beer, ale, or spirituous liquors, shall not on demand made of entrance, by knocking or otherwise, so as to be heard within, admit any divisional justice or justices, or any chief or other constable or constables as aforesaid, into any dwelling house or place of such victualler or other person for the purpose of making such search as aforesaid; or if such victualler or other person selling or licensed to sell as aforesaid shall neglect or delay, for an unreasonable time after such demand of entrance, to admit any justice or justices, or any chief or other constable or constables as aforesaid, into any dwelling house or place of such victualler or other person, in order thereby to defeat or counteract the object of such search or intended search as aforesaid; such victualler or other person so offending shall, upon due proof thereof before any one divisional justice of the division in which such dwelling house or place shall be situate, or before any one justice of the Castle division, forfeit and pay for every such offence any sum not exceeding five pounds, at the discretion of such justice; the same, in default of payment on demand, to be levied by distress and sale of the offender's goods, and when levied to be paid over to the receiver of the public offices; and in default of a sufficient distress, then it shall and may be lawful for such divisional justice to commit the offender to the house of correction for any space of time not exceeding fourteen days, or until such penalty shall be sooner paid.

to be levied by distress, &c.
Penalty on victuallers, &c. in whose houses journeymen, &c. are found tippling or gaming at prohibited hours, &c., 2l. for first offence, 20l. for the second, and 50l. with forfeiture of licence for the third.                                                                                19. Every victualler or other person selling or licensed to sell beer, ale, or spirituous liquors within the police district of Dublin metropolis, in whose dwelling house or other place any journeyman, apprentice, servant, artificer, labourer, sailor, seafaring man, or soldier, or any person of the female sex, shall be found, or shall appear to be or to have recently been drinking, tippling, or gaming therein, at any hour or time which is or shall be then prohibited by law, or after the hour of twelve of the clock at night, not being a lodger or inmate in such house or place, shall, upon conviction thereof in a summary way, before any one of the divisional justices of the division in which such dwelling house or place shall be situate, or before any one justice of the Castle division, forfeit and pay the sum of two pounds for the first offence, and shall for the second offence forfeit and pay the sum of twenty pounds, and shall for the third offence forfeit and pay the sum of fifty pounds; and upon conviction for such third offence the licence of such victualler or other person shall be forfeited, and shall be and become absolutely null and void; and the said penalties of two pounds, twenty pounds, and fifty pounds, in default of payment on demand, shall be levied by distress and sale of the offender's goods, and when levied shall be paid over to the receiver of the public offices; and in default of sufficient distress, it shall and may be lawful for the convicting justice to commit the offender to the house of correction for any space of time not exceeding one calendar month: Provided always, that upon the trial of any information or complaint for any such offence, any person having been in such dwelling house or place, and who in or by such information or complaint shall be stated to be a journeyman, apprentice, servant, artificer, labourer, sailor, seafaring man, or soldier, shall be deemed and taken to be such respectively, unless satisfactory evidence to the contrary thereof be given before such justice; and that proof that any person so found was a lodger or inmate in such house or place shall lie upon such victualler or other person selling or licensed to sell as aforesaid; and in the absence of such proof any such person shall be presumed not to have been a lodger or inmate: Provided also that it shall not be necessary in order to warrant any conviction of any such victualler or person selling or licensed to sell as aforesaid, for any such offence as aforesaid, that any person or persons so found in such house or place, under such circumstances as aforesaid, be previously or at all convicted of any such offence.

Penalties to be levied by distress, &c.,
or imprisonment not exceeding one month.
Proof to be on victualler that persons tippling were not journeymen, &c. or were lodgers.

[S. 20 rep. 36 & 37 Vict. c. 91. (S.L.R.); s. 21 rep. 16 & 17 Vict. c. 112. s. 1.]

When divisional justices, in disputes between pawnbrokers and borrowers, have awarded a sum to be paid, they may cause the money to be levied by distress, &c.; and for want of distress may commit the party for one month.                                                                                22. [Recital.] Whenever any dispute between any pawnbroker and any borrower, touching or concerning any pawn or pledge, shall be determined by the said divisional justices or any two of them, and any sum of money shall be awarded to be paid, it shall be lawful, in case of non-payment of any such sum of money, for such divisional justices making such determination, by warrant under their hands and seals, to cause the amount of any sum of money so awarded to be paid to be levied by distress and sale of the goods and chattels of the persons who shall be ordered to pay the same; and for want of sufficient goods to satisfy such sum, it shall be lawful for such divisional justices, by like warrant, to commit the person against whom any such order or award shall be made to any house of correction within the said police district, for any period not exceeding one calendar month, or until such sum shall be sooner paid and satisfied.

[Ss. 23, 24 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
Service of summons on witnesses efficient if left at their place of abode.                                                                                25. In any proceeding by or before any divisional justice or justices of the district of Dublin metropolis, or by or before any divisional justice or justices of the Castle division, acting in pursuance of any special authority or jurisdiction as such justices or justice of the said Castle division, it shall not be necessary for the summoning of any witness under the said recited Act of the said forty-eighth year of his said late Majesty's reign, or under this Act, that any summons or notice or order whatsoever shall be personally served on any such witness, but it shall in all such cases be sufficient that such summons, notice, or order be served, twenty-four hours previous to the time appointed for hearing or proceeding on any process to which such summons shall relate, at the place or places of abode of any such witness or witnesses.

Penalty on witnesses not attending, &c. 40s., to be levied by distress, &c.                                                                                26. If any person or persons shall be summoned as a witness or witnesses to give evidence before any divisional justice or justices of the police district of Dublin metropolis, touching any offence or other matter or thing to be determined under the said recited Act of the forty-eighth year of his late Majesty's reign, or this Act, either on the part of the prosecutor or of the person or persons accused, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without a reasonable excuse for such neglect or refusal, to be allowed of by such justice or justices, or appearing shall refuse to be examined on oath and to give evidence before such justice or justices before whom the prosecution or proceeding shall be depending, every such person so offending shall, upon due proof thereof before such justice or justices, forfeit and pay for every such offence any sum not exceeding forty shillings, at the discretion of such justice or justices; the same, in default of payment on demand, to be levied by distress and sale of the goods and chattels of the offender, and when levied to be paid over to the receiver of the public offices; and in default of a sufficient distress, it shall be lawful for such justice or justices to commit the offender to the house of correction for any space of time not exceeding fourteen days, or until such penalty shall be sooner paid.

Lord lieutenant may increase the salary of the recorder of Dublin by a sum not exceeding 600l. a year out of the police establishment.                                                                                27. It shall and may be lawful for the lord lieutenant to direct any yearly sum, not exceeding the sum of six hundred pounds, clear of all taxes and deductions, to be paid out of the funds applicable to the expence of the said police establishment to the recorder of the city of Dublin from time to time for the time being, in augmentation of his salary, and over and above and in addition to any yearly and other sum of money to which such recorder is or may be entitled under the said recited Act of the forty-eighth year of his said late Majesty, or otherwise howsoever: Provided always, that it shall not be lawful for any person who shall hereafter hold the office of recorder of the said city to act or practise as counsel in any criminal or civil court within the police district of the said metropolis of Dublin.

Recorder not to practise in any court in the police district.

Application of penalties.                                                                                28. All fines, penalties, and forfeitures, payable under this Act, shall when the same shall be imposed on the prosecution of an informer, be paid, after deducting the necessary costs of recovering the same, one moiety to the receiver of the public offices in the said police district of Dublin metropolis, and the other moiety to the informer or person who shall sue for the same; and all fines, penalties, and forfeitures payable under this Act, other than such as last before mentioned, shall be paid to the said receiver; and all sums so paid to the said receiver shall go in aid of the funds of the police district of Dublin metropolis.

[S. 29 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
Form of conviction, &c.                                                                                30. All convictions for any offence or offences under or by virtue of this Act may be in the same summary form as is allowed by the said recited Act of the forty-eighth year of his said late Majesty's reign for convictions under that Act, with the like benefit of appeal, in all respects, as under the said recited Act; and no conviction to be had before any of the said divisional justices under or by virtue of this Act, or the said Act passed in the said forty-eighth year of the reign of his said late Majesty, shall be quashed for any defect of form, nor shall any conviction under this Act, or the said recited Act, nor any affirmation or reversal thereof under appeal, be removed, by certiorari or otherwise, into any of his Majesty's superior courts.

No conviction to be quashed for want of form, or be removable by certiorari.

Reputation that persons hold office under this Act to be sufficient evidence of their appointment.                                                                                31. If it shall become necessary to prove the power, office, authority, or appointment of any of the divisional justices or constables, or of the receiver, or of any other officer or person appointed or acting under or by virtue of this Act as aforesaid, it shall in all cases be sufficient, to all intents and purposes, to prove that the said person or persons, at the time in question, was or were commonly known or reputed to hold such office or situation respectively; and it shall not in any such case be necessary to produce or prove any appointment or qualification whatsoever of such person or persons.

[1So in Parliament Roll.]


38 & 39 Vict. c. 63.
Whereas conflicting decisions have been given in England and in Scotland in regard to the meaning and effect of section six of the Sale of Food and Drugs Act, 1875, in this Act referred to as the principal Act, and it is expedient, in this respect and otherwise, to amend the said Act:
Short title.                                                                                1. This Act may be cited for all purposes as the Sale of Food and Drugs Act Amendment Act, 1879.

In sale of adulterated articles no defence to allege purchase for analysis.                                  2. In any prosecution under the provisions of the principal Act for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, it shall be no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature or in substance or in quality, was not defective in all three respects.

Officer, inspector, or constable may obtain a sample of milk at the place of delivery to submit to analyst.  3. Any medical officer of health, inspector of nuisances, or inspector of weights and measures, or any inspector of a market, or any police constable under the direction and at the cost of the local authority appointing such officer, inspector, or constable, or charged with the execution of this Act, may procure at the place of delivery any sample of any milk in course of delivery to the purchaser or consignee in pursuance of any contract for the sale to such purchaser or consignee of such milk; and such officer, inspector, or constable, if he suspect the same to have been sold contrary to any of the provisions of the principal Act, shall submit the same to be analysed, and the same shall be analysed, and proceedings shall be taken, and penalties on conviction be enforced in like manner in all respects as if such officer, inspector, or constable had purchased the same from the seller or consignor under section thirteen of the principal Act.

Penalty for refusal to give milk for analysis.                                                               4. The seller or consignor or any person or persons entrusted by him for the time being with the charge of such milk, if he shall refuse to allow such officer, inspector, or constable to take the quantity which such officer, inspector, or constable shall require for the purpose of analysis, shall be liable to a penalty not exceeding ten pounds.

Sale in streets, &c.                                                                                5. Any street or open place of public resort shall be held to come within the meaning of section seventeen of the principal Act.

Reduction of spirit allowed.                                                                                6. In determining whether an offence has been committed under section six of the said Act by selling, to the prejudice of the purchaser, spirits not adulterated otherwise than by the admixture of water, it shall be a good defence to prove that such admixture has not reduced the spirit more than twenty-five degrees under proof for brandy, whisky, or rum, or thirty-five degrees under proof for gin.

Extension of meaning of “county.”                                                                            7. Every liberty having a separate court of quarter sessions, except a liberty of a cinque port, shall be deemed to be a county within the meaning of the said Act.

[S. 8 rep. 57 & 58 Vict. c. 56 (S.L.R.)]
Provision for boroughs with separate police,                                                                 9. The town council of any borough having under any general or local Act of Parliament, or otherwise, a separate police establishment, and being liable to be assessed to the county rate of the county within which the borough is situate, shall be paid by the justices of such county the proportionate amount contributed towards the expenses incurred by the county in the execution of the principal Act by the several parishes and parts of parishes within such borough in respect of the rateable value of the property assessable therein, as ascertained by the valuation lists for the time being in force.

Special provision as to time for proceedings.                                                                10. In all prosecutions under the principal Act, and notwithstanding the provisions of section twenty of the said Act, the summons to appear before the magistrates shall be served upon the person charged with violating the provisions of the said Act within a reasonable time, and in the case of a perishable article not exceeding twenty-eight days from the time of the purchase from such person for test purposes of the food or drug, for the sale of which in contravention to the terms of the principal Act the seller is rendered liable to prosecution, and particulars of the offence or offences against the said Act of which the seller is accused, and also the name of the prosecutor, shall be stated on the summons, and the summons shall not be made returnable in a less time than seven days from the day it is served upon the person summoned.


Short title.                            1. This Act may be cited for all purposes as the Tramways (Ireland) Amendment Act, 1891.

Extent of Act.                          2. This Act shall only extend to Ireland.

Increase of tramway company’s capital.  3. It shall be lawful for the Lord Lieutenant in Council from time to time, on the application of any existing tramway company, by order to empower such company to increase their share capital in such manner as shall be specified by the order, and correspondingly to enlarge their borrowing powers, and also from time to time, on the like application, by order to alter or amend any of the provisions of a previous order, on notice being given to such persons and authorities as the said Lord Lieutenant in Council may think fit, and after hearing any person or authority concerned and desiring to be heard.

Loan to tramway company.                4. The Board of Works may, under the directions of the Commissioners of Her Majesty’s Treasury, out of moneys at the disposal of such Board for local loans, advance by way of loan to any existing tramway company such sum or sums of money within the borrowing powers of such company at such rate of interest and generally upon such terms as the Treasury may think fit.

Construction.                           5. The Tramways (Ireland) Acts, as interpreted by the Tramways and Public Companies (Ireland) Act, 1883, and as varied by this Act, and this Act, shall, so far as is consistent with the tenor thereof, be read together and construed as one Act.

46 & 47 Vict. c. 43.


[Preamble recites 50 Geo. 3. c. 102.]
Societies in Ireland shall be deemed unlawful, the members of which are required to take oaths declared unlawful by 50 Geo. 3. c. 102., &c.;  [1.] Any and every society, association, brotherhood, committee, lodge, club, or confederacy whatsoever, now established or hereafter to be established in Ireland, of the nature herein-after described, shall be and be deemed and taken to be and is hereby declared to be an unlawful combination and confederacy; that is to say, any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof shall, according to the rules thereof or to any provision or agreement for that purpose, be required or admitted or permitted to take any oath or engagement which shall be an unlawful oath or engagement within the intent and meaning of the said recited Act of the fiftieth year of his late Majesty’s reign, or to take any oath not required or authorized by law; and any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof or any of them shall take or in any manner bind themselves by any such oath or engagement upon becoming or in consequence of being members of such society, association, brotherhood, committee, lodge, club, or confederacy; and any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof shall take, subscribe, or assent to any test or declaration not required by law; and any and every society, association, brotherhood, lodge, club, or confederacy, of which the names of the members or any of them shall be kept secret from the society at large, or which shall have any committee or select body chosen or appointed in such manner that the members constituting the same may not be known by the society at large to be members of such committee or select body, or which shall have any president, treasurer, secretary, delegate, or other officer, chosen or appointed in such manner that the election or appointment of such persons to such offices may not be known to the society at large, or of which the names of all the members, and of all committees or select bodies of members, and of all presidents, treasurers, secretaries, delegates, and other officers, shall not be entered in a book or books to be kept for that purpose, and to be open to the inspection of all the members of such society; and all such societies, associations, brotherhoods, committees, lodges, clubs, and confederacies as aforesaid are hereby declared to be unlawful combinations and confederacies; and every person who shall become a member of any such society, association, brotherhood, committee, lodge, club, or confederacy as aforesaid; and every person who shall, directly or indirectly maintain correspondence or intercourse with any such society, association, brotherhood, committee, lodge, club, or confederacy, or with any division, branch, lodge, committee, or other select body, president, treasurer, secretary, delegate, or other officer or member thereof as such, or who shall, by contribution of money or otherwise, aid, abet, or support any such society, association, brotherhood, committee, lodge, club, or confederacy, or any member or officer thereof as such, shall be deemed guilty of an unlawful combination and confederacy.

as also societies having members whose names are kept secret, &c.

All members, &c. of such societies shall be deemed guilty of unlawful combination.

This Act not to extend to declarations of societies, if approved by two justices, and registered with clerk of the peace.                     2. Provided always, that nothing herein contained shall extend to any declaration to be taken, subscribed, or assented to by the members of any society, in case the form of such declaration shall have been first approved and subscribed by two or more of his Majesty’s justices of the peace for the county, county of a city, county of a town or place, where such society shall ordinarily assemble, and shall have been registered with the clerk of the peace or his deputy for such county, county of a city, county of a town, or place, for which there shall be paid a fee of one shilling and no more; but that such approbation of the justices as aforesaid shall remain valid and effectual no longer than until the next general session for such county, county of a city, county of a town or place, unless the same shall, on application made by the parties concerned, be confirmed by the major part of the justices present at such general session; and if the same shall not be then and there so confirmed, the provisions of this Act shall from thenceforth extend to such declaration, and to all societies or persons subscribing the same, in so far as may relate to all acts which may be done by them or any of them subsequent to the holding of such general session.

Offenders may be proceeded against before two justices or by indictment.                                                                      3. Every person who shall, in breach of any of the provisions thereof, be guilty of any such unlawful combination and confederacy as in this Act is described, shall and may be proceeded against for such offence in a summary way, either before any two justices of the peace for the county, county of a city, or county of a town, or place, where such person shall happen to be, or by indictment, to be preferred in the county, county of a city, or county of a town, or place in Ireland, wherein such offence shall be committed; and every person being convicted of any such offence, on the oath of one or more credible witness or witnesses, by such justices as aforesaid, shall be by them committed to the common gaol or house of correction for such county, county of a city, or county of a town, or place, there to remain without bail or mainprize for the term of three calendar months, or shall be by such justices adjudged to forfeit and pay the sum of twenty pounds British currency, as to such justices shall seem meet; and in case such sum of money shall not be forthwith paid into the hands of such justices, they shall, by warrant under their hands and seals, cause the same to be levied by distress and sale of the offender’s goods and chattels, together with all costs and charges attending such distress and sale, and for want of sufficient distress shall commit such offender to the common gaol or house of correction of such county, county of a city, or county of a town, or place as aforesaid, for any time not exceeding three calendar months; and every person convicted of any such offence upon indictment by due course of law shall and may be transported for the term of seven years, in the manner provided by law for transportation of offenders, or shall and may be sentenced to imprisonment with hard labour, and shall be imprisoned for any time not exceeding two years, as the court before whom such offender shall be tried shall think fit; and every such offender who shall be ordered to be transported or imprisoned shall be subject and liable to all laws concerning offenders ordered to be transported or imprisoned.

Persons convicted before justices may be imprisoned for three months or fined 20l.

Offenders convicted on indictment may be transported for seven years, or imprisoned for two years with hard labour.

Justices may mitigate punishment.                                                                                4. Provided always, that it shall be lawful for the justices of the peace, by or before whom any person shall in pursuance of this Act be convicted of any unlawful combination or confederacy, and such justices are hereby authorized and empowered (if they shall see cause so to do), to mitigate and lessen the punishment herein-before directed to be inflicted upon any offender against this Act so convicted as aforesaid, so as such punishment be not thereby reduced to less than one third of the punishment hereby directed to be inflicted as aforesaid, whether such punishment shall be by imprisonment or fine.

Persons prosecuted before justices or indicted under this Act, not liable to other prosecution.                                               5. Provided also, that any person who shall be prosecuted before any justices of the peace in a summary way for any offence against this Act, and shall be convicted or acquitted by such justices, shall not afterwards be prosecuted or be liable to be prosecuted by indictment or otherwise for the same offence; and so in like manner any person who shall be convicted or acquitted upon any indictment for any offence against this Act, shall not afterwards be prosecuted or be liable to be prosecuted before any justices of the peace in a summary way for the same offence.

Offenders may be indicted as heretofore, if not prosecuted under this Act.                                                                    6. Provided also, that nothing in this Act contained shall extend to prevent any prosecution by indictment or otherwise, for any thing which shall be an offence within the intent and meaning of this Act, and which might have been so prosecuted if this Act had not been made, unless the offender shall have been prosecuted for such offence under this Act, and convicted or acquitted of such offence; . . .

Penalty on persons permitting meetings of unlawful societies in their houses.                                                                 7. If any person shall knowingly permit any meeting of any society hereby declared to be an unlawful combination or confederacy, or of any division, branch, or committee of such society, to be held in his or her house or apartment, such person shall for the first offence forfeit the sum of five pounds, to be recovered in like manner as any other penalty under this Act, and shall, for any such offence committed after the date of his or her conviction for such first offence, be deemed guilty of an unlawful combination and confederacy in breach of this Act.

Application of penalties.                                                                                8. All pecuniary penalties imposed by this Act shall be applied and disposed of in manner following; that is to say, one moiety thereof to the informer, and the other moiety thereof to his Majesty, his heirs and successors.

[S. 9 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
Limitation of actions, &c.                                                                                10. Every action and suit which shall be brought or commenced against any justice or justices of the peace, constable, peace officer, or other person or persons, for any thing done or acted in pursuance of this Act, shall be commenced within three calendar months next after the fact committed, and not afterwards; and the venue in every such action or suit shall be laid in the proper county where the fact was committed, and not elsewhere; and the defendant or defendants in every such suit or action shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon [Rep. 36 & 37 Vict. c. 91. (S.L.R.)]; and if such action or suit shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have double costs, which he or they shall and may recover in such and in the same manner as any defendant can by law in other cases. [Rep. 5 & 6 Vict. c. 97. s. 2].

Double costs.
[S. 11 rep. 36 & 37 Vict. c. 91. (S.L.R.)]