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Where petty sessions are established under 7 & 8 Geo. 4. c. 67., defendants may be summoned to the sessions, and parties arrested may be held to bail to appear at the sessions; and the matter shall be there heard and determined.
Proviso where parties will not or cannot give bail.
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36. Where any complaint for the recovery of any penalty under this Act shall be made to any justice or justices of any county in which the holding of petty sessions shall be established under an Act passed in the seventh and eighth years of the reign of his late Majesty King George the Fourth, intituled “An Act for the better administration of justice at the holding of petty sessions by justices of the peace in Ireland,” such justice or justices may and is hereby required to summon the party accused to appear before the justices assembled at the next petty sessions to be holden for the district within which such offence shall be committed, or the justice or justices to whom complaint shall be made shall reside; and on the appearance or default of the party accused the justices assembled at such petty sessions shall proceed to the examination of the matter in question, and determine the same in manner herein directed to be done by justices out of sessions; and where any person shall be arrested and detained, and be brought before any justice or justices of any county in which any such petty sessions shall be established, such justice or justices may and shall hold the person so arrested to bail in the sum of twenty pounds, with two sufficient sureties in the sum of ten pounds each, to appear before the justices assembled at the next petty sessions for the district; and the justices assembled at such petty sessions shall proceed to hear and determine the matter, in the same manner as is herein directed to be done by the justice or justices before whom such person shall be brought: Provided always, that if any person so arrested and detained shall not be willing or able to give such sufficient bail as aforesaid, the justice or justices before whom he, she, or they shall be brought shall immediately proceed to hear and determine the matter as herein-before directed.
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