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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.
Proviso as to soldiers on full pay.
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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.
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